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Oh My....how much hair do I need to pull out? H4 question!!

Oh My....how much hair do I need to pull out? H4 question!!

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Old Sep 24th 2009, 1:25 am
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Default Oh My....how much hair do I need to pull out? H4 question!!

So.....

OH was H1b, therefore me and kids H4s.

OH received LPR a few months ago..me and kids still waiting.
We've been told that we have to wait for our I-140 date to become current (Feb 28th 2005)
According to the latest bulletin they are currently processing June 1st 2002

If we are waiting for the I-140 date to become current, how come my OH got his so much sooner than it looks like we'll be getting ours?? I thought the I-140 was dependant on his labor certification??

Also, we have our AP docs. and so am I right in thinking that we don't need (and probably can't anyway as OH is no longer H1b) to renew our H4s. just carry AP docs when we travel?

Thanks...so near and yet so far
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Old Sep 24th 2009, 2:00 am
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Default Re: Oh My....how much hair do I need to pull out? H4 question!!

How did he get his LPR and you + children not receive it at the same time? When was his green card granted? ("a few months ago" is non-specific).

Have you got an attorney? If not, you should hire one now - this is unusual.
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Old Sep 24th 2009, 2:09 am
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Default Re: Oh My....how much hair do I need to pull out? H4 question!!

Originally Posted by JAJ
How did he get his LPR and you + children not receive it at the same time? When was his green card granted? ("a few months ago" is non-specific).

Have you got an attorney? If not, you should hire one now - this is unusual.
My OH received his GC on 29th January 2009.
We were told that our (me and the kids) I485s were filed 2 months after his which is why we have not yet received our GCs.
Yes, we have an immigration attorney working for us (through OHs company) and my post was in response to what she told me this afternoon.
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Old Sep 24th 2009, 2:22 am
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Default Re: Oh My....how much hair do I need to pull out? H4 question!!

Originally Posted by lisa67
So.....

OH was H1b, therefore me and kids H4s.

OH received LPR a few months ago..me and kids still waiting.
We've been told that we have to wait for our I-140 date to become current (Feb 28th 2005)
According to the latest bulletin they are currently processing June 1st 2002

If we are waiting for the I-140 date to become current, how come my OH got his so much sooner than it looks like we'll be getting ours?? I thought the I-140 was dependant on his labor certification??

Also, we have our AP docs. and so am I right in thinking that we don't need (and probably can't anyway as OH is no longer H1b) to renew our H4s. just carry AP docs when we travel?

Thanks...so near and yet so far
Hi:

Sigh. You don't like what the attorney told you, eh? She happens to be right.

This happens more often than you might think -- the "principal" gets approved first and there is something that holds up the "following to join" applicants. If the visa numbers have retrogressed [or become unavailable] in the meanwhile, you wait.

There are often reasons to tear all of your hair out in the immigration process. This one should work out.

Your H-4 has now dropped dead. As for traveling, you will have to use your AP -- a practice which may have adverse results [I speak from experience -- be very very careful].

BTW, not knowing your priority date and when it will come current again, you may want your better half to file an I-130 for FB-2A status -- just as insurance. Who knows which one might come current first?
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Old Sep 24th 2009, 2:27 am
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Default Re: Oh My....how much hair do I need to pull out? H4 question!!

Originally Posted by Folinskyinla
Hi:

Sigh. You don't like what the attorney told you, eh? She happens to be right.

This happens more often than you might think -- the "principal" gets approved first and there is something that holds up the "following to join" applicants. If the visa numbers have retrogressed [or become unavailable] in the meanwhile, you wait.

There are often reasons to tear all of your hair out in the immigration process. This one should work out.

Your H-4 has now dropped dead. As for traveling, you will have to use your AP -- a practice which may have adverse results [I speak from experience -- be very very careful].

BTW, not knowing your priority date and when it will come current again, you may want your better half to file an I-130 for FB-2A status -- just as insurance. Who knows which one might come current first?
Thanks Mr. F for your advice..I appreciate it. I will get on to the attorney and get the I-130 ball rolling (or rather, my OH will!)

When we travel, is there anything other than our AP docs, that you would suggest we take with us? My main concern is a Caribbean cruise booked for March, not sure how well up on all the paperwork the immigration officials who come on board the ship will be.
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Old Sep 24th 2009, 2:45 am
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Default Re: Oh My....how much hair do I need to pull out? H4 question!!

Originally Posted by lisa67
Thanks Mr. F for your advice..I appreciate it. I will get on to the attorney and get the I-130 ball rolling (or rather, my OH will!)

When we travel, is there anything other than our AP docs, that you would suggest we take with us? My main concern is a Caribbean cruise booked for March, not sure how well up on all the paperwork the immigration officials who come on board the ship will be.
Hi:

They know about AP. However, since you are in a backlogged category, make sure you have a current and valid AP. Let me put it this way -- check with the attorney. I had a client earlier this year whose attorney had ceased practice when he died and client thought he had a valid advance parole. CBP and CIS said no. On my motion to reopen, CIS agreed that Supreme Court authority countered their interpretation of the regulations and "therefore" they had to deny it. This is what you call arrogance.
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Old Sep 24th 2009, 2:52 am
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Default Re: Oh My....how much hair do I need to pull out? H4 question!!

Originally Posted by Folinskyinla
Hi:

They know about AP. However, since you are in a backlogged category, make sure you have a current and valid AP. Let me put it this way -- check with the attorney. I had a client earlier this year whose attorney had ceased practice when he died and client thought he had a valid advance parole. CBP and CIS said no. On my motion to reopen, CIS agreed that Supreme Court authority countered their interpretation of the regulations and "therefore" they had to deny it. This is what you call arrogance.
I went through my AP docs with my attorney today and they are stamped 30th July 2010 so we should be fine.
Thanks for your replies
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