h1 to h4 to h1..will it count towards the quota??
Apr 27th 2004, 6:30 pm
#1
Guest
Posts: n/a
h1 to h4 to h1..will it count towards the quota??
I have a bunch of questions about my status..
I came to US in 1998 on a student's visa, and switched to a H1b visa
in April 2001. My company filed for my H1b extension in January 2004
(with starting date of new h1b as April 2004). Then in second week of
April 2004 ( a week after my renewal was to come), I was laid off from
my job. I still havn't got my h1b renewal papers.
Now my questions are -
1. What is my current status?
2. If I get a new job, can I transfer my h1b?
3. How long do I have till me current H1b expires.
4. And most importantly, my wife is on h1b, if I become a H4
(depended on her) and in a few weeks after getting a new job, I apply
for a new h1b, will it count against the limit of 65,000?? I.E Will
it be treated as a new h1 or still a h1 transfer case?
THANKS A LOT FOR YOUR HELP. I will really appreciate any help!!
Thanks
- Butler
I came to US in 1998 on a student's visa, and switched to a H1b visa
in April 2001. My company filed for my H1b extension in January 2004
(with starting date of new h1b as April 2004). Then in second week of
April 2004 ( a week after my renewal was to come), I was laid off from
my job. I still havn't got my h1b renewal papers.
Now my questions are -
1. What is my current status?
2. If I get a new job, can I transfer my h1b?
3. How long do I have till me current H1b expires.
4. And most importantly, my wife is on h1b, if I become a H4
(depended on her) and in a few weeks after getting a new job, I apply
for a new h1b, will it count against the limit of 65,000?? I.E Will
it be treated as a new h1 or still a h1 transfer case?
THANKS A LOT FOR YOUR HELP. I will really appreciate any help!!
Thanks
- Butler
Apr 28th 2004, 4:13 am
#2
Guest
Posts: n/a
Re: h1 to h4 to h1..will it count towards the quota??
On Tue, 27 Apr 2004 11:30:24 -0700, butler wrote:
> I have a bunch of questions about my status..
>
> I came to US in 1998 on a student's visa, and switched to a H1b visa in
> April 2001. My company filed for my H1b extension in January 2004 (with
> starting date of new h1b as April 2004). Then in second week of April
> 2004 ( a week after my renewal was to come), I was laid off from my job.
> I still havn't got my h1b renewal papers.
>
> Now my questions are -
>
> 1. What is my current status?
H-1B, violating status.
> 2. If I get a new job, can I transfer my h1b?
If you get a new job quickly, maybe.
> 3. How long do I have till me current H1b expires.
Technically, it ended the day you lost the job. More accurately, that's
when you started violating your status (the H-1B itself really ends on the
day written on the I-94, but that's in this context of little comfort).
> 4. And most importantly, my wife is on h1b, if I become a H4 (depended
> on her) and in a few weeks after getting a new job, I apply for a new
> h1b, will it count against the limit of 65,000?? I.E Will it be treated
> as a new h1 or still a h1 transfer case?
Possibly. You aren't supposed to be counted against the quota because you
are not starting a new six-year period. But I believe the USCIS takes a
narrower view and actually counts you if there were less than 60 days
between jobs.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
> I have a bunch of questions about my status..
>
> I came to US in 1998 on a student's visa, and switched to a H1b visa in
> April 2001. My company filed for my H1b extension in January 2004 (with
> starting date of new h1b as April 2004). Then in second week of April
> 2004 ( a week after my renewal was to come), I was laid off from my job.
> I still havn't got my h1b renewal papers.
>
> Now my questions are -
>
> 1. What is my current status?
H-1B, violating status.
> 2. If I get a new job, can I transfer my h1b?
If you get a new job quickly, maybe.
> 3. How long do I have till me current H1b expires.
Technically, it ended the day you lost the job. More accurately, that's
when you started violating your status (the H-1B itself really ends on the
day written on the I-94, but that's in this context of little comfort).
> 4. And most importantly, my wife is on h1b, if I become a H4 (depended
> on her) and in a few weeks after getting a new job, I apply for a new
> h1b, will it count against the limit of 65,000?? I.E Will it be treated
> as a new h1 or still a h1 transfer case?
Possibly. You aren't supposed to be counted against the quota because you
are not starting a new six-year period. But I believe the USCIS takes a
narrower view and actually counts you if there were less than 60 days
between jobs.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
Apr 30th 2004, 9:44 am
#3
Guest
Posts: n/a
Re: h1 to h4 to h1..will it count towards the quota??
I am in a similar situation and hope to get some advices.
I got laid off from my H1b job, and soon went back to my home country
and came back with an H4 visa (my wife is still on H1b).
My Hib will hit the 6 year mark in October 2004. If a company is
willing to hire me now, can they still "transfer" my hib and have me
work for them until October. My wife has an I-140 in process, and
hopefully will be approve before October (according to INS schedule).
I understand that I can then apply for EAD and continue working. I
would rather start working now than waiting until I get my EAD.
So the question is:
Again, can I still go back to H1b now?
Thanks for your help.
Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
> On Tue, 27 Apr 2004 11:30:24 -0700, butler wrote:
>
> > I have a bunch of questions about my status..
> >
> > I came to US in 1998 on a student's visa, and switched to a H1b visa in
> > April 2001. My company filed for my H1b extension in January 2004 (with
> > starting date of new h1b as April 2004). Then in second week of April
> > 2004 ( a week after my renewal was to come), I was laid off from my job.
> > I still havn't got my h1b renewal papers.
> >
> > Now my questions are -
> >
> > 1. What is my current status?
>
> H-1B, violating status.
>
> > 2. If I get a new job, can I transfer my h1b?
>
> If you get a new job quickly, maybe.
>
> > 3. How long do I have till me current H1b expires.
>
> Technically, it ended the day you lost the job. More accurately, that's
> when you started violating your status (the H-1B itself really ends on the
> day written on the I-94, but that's in this context of little comfort).
>
> > 4. And most importantly, my wife is on h1b, if I become a H4 (depended
> > on her) and in a few weeks after getting a new job, I apply for a new
> > h1b, will it count against the limit of 65,000?? I.E Will it be treated
> > as a new h1 or still a h1 transfer case?
>
> Possibly. You aren't supposed to be counted against the quota because you
> are not starting a new six-year period. But I believe the USCIS takes a
> narrower view and actually counts you if there were less than 60 days
> between jobs.
>
> --
> Remember, I am strictly a layperson without any legal training. I encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
>
> Please support H.R. 539, H.R. 832 and S. 1510. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
>
> Please visit my new FAQ at http://www.kkeane.com (always under construction)
>
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
>
> Please feel free to enjoy some of my photographs at my Web site
> http://www.ingopakleppa.com ! Comments are welcome.
I got laid off from my H1b job, and soon went back to my home country
and came back with an H4 visa (my wife is still on H1b).
My Hib will hit the 6 year mark in October 2004. If a company is
willing to hire me now, can they still "transfer" my hib and have me
work for them until October. My wife has an I-140 in process, and
hopefully will be approve before October (according to INS schedule).
I understand that I can then apply for EAD and continue working. I
would rather start working now than waiting until I get my EAD.
So the question is:
Again, can I still go back to H1b now?
Thanks for your help.
Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
> On Tue, 27 Apr 2004 11:30:24 -0700, butler wrote:
>
> > I have a bunch of questions about my status..
> >
> > I came to US in 1998 on a student's visa, and switched to a H1b visa in
> > April 2001. My company filed for my H1b extension in January 2004 (with
> > starting date of new h1b as April 2004). Then in second week of April
> > 2004 ( a week after my renewal was to come), I was laid off from my job.
> > I still havn't got my h1b renewal papers.
> >
> > Now my questions are -
> >
> > 1. What is my current status?
>
> H-1B, violating status.
>
> > 2. If I get a new job, can I transfer my h1b?
>
> If you get a new job quickly, maybe.
>
> > 3. How long do I have till me current H1b expires.
>
> Technically, it ended the day you lost the job. More accurately, that's
> when you started violating your status (the H-1B itself really ends on the
> day written on the I-94, but that's in this context of little comfort).
>
> > 4. And most importantly, my wife is on h1b, if I become a H4 (depended
> > on her) and in a few weeks after getting a new job, I apply for a new
> > h1b, will it count against the limit of 65,000?? I.E Will it be treated
> > as a new h1 or still a h1 transfer case?
>
> Possibly. You aren't supposed to be counted against the quota because you
> are not starting a new six-year period. But I believe the USCIS takes a
> narrower view and actually counts you if there were less than 60 days
> between jobs.
>
> --
> Remember, I am strictly a layperson without any legal training. I encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
>
> Please support H.R. 539, H.R. 832 and S. 1510. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
>
> Please visit my new FAQ at http://www.kkeane.com (always under construction)
>
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
>
> Please feel free to enjoy some of my photographs at my Web site
> http://www.ingopakleppa.com ! Comments are welcome.
Apr 30th 2004, 1:56 pm
#4
Guest
Posts: n/a
Re: h1 to h4 to h1..will it count towards the quota??
[email protected] (MJ) wrote in message news:<[email protected]. com>...
> I am in a similar situation and hope to get some advices.
>
> I got laid off from my H1b job, and soon went back to my home country
> and came back with an H4 visa (my wife is still on H1b).
>
> My Hib will hit the 6 year mark in October 2004. If a company is
> willing to hire me now, can they still "transfer" my hib and have me
> work for them until October. My wife has an I-140 in process, and
> hopefully will be approve before October (according to INS schedule).
> I understand that I can then apply for EAD and continue working. I
> would rather start working now than waiting until I get my EAD.
>
> So the question is:
> Again, can I still go back to H1b now?
>
> Thanks for your help.
What if it's denied? Consider how long ago you were laid off?
<snip>
> I am in a similar situation and hope to get some advices.
>
> I got laid off from my H1b job, and soon went back to my home country
> and came back with an H4 visa (my wife is still on H1b).
>
> My Hib will hit the 6 year mark in October 2004. If a company is
> willing to hire me now, can they still "transfer" my hib and have me
> work for them until October. My wife has an I-140 in process, and
> hopefully will be approve before October (according to INS schedule).
> I understand that I can then apply for EAD and continue working. I
> would rather start working now than waiting until I get my EAD.
>
> So the question is:
> Again, can I still go back to H1b now?
>
> Thanks for your help.
What if it's denied? Consider how long ago you were laid off?
<snip>
May 1st 2004, 7:33 am
#5
Guest
Posts: n/a
Re: h1 to h4 to h1..will it count towards the quota??
In theory, you should not be subject to the quota. But I have some doubts
whether USCIS (INS no longer exists) will agree; I hear that they use a
different interpretation of the law.
However, you certainly would not be able to take advantage of the transfer
provision. That is, you would have to wait for the approval, rather than
starting to work immediately.
As far as your wife's I-140 goes: did she file concurrently I-140 and
I-485? If so, did you also file an I-485? This makes a huge difference for
the answer to your question.
Don't rely on "INS' schedule". There is no such thing. They make a guess
about how long it took them to approve cases that are being approved now.
The predictive power is very limited, and if you file today, your
processing time can be completely different.
Also, if she filed the I-140 without concurrently filing an I-485, be
prepared for it to take much longer. USCIS recently announced that they
were going to try a new pilot program. I don't know when this will start,
though. With this pilot, they are planning to approve both I-140s and
I-485s within 90 days if filed concurrently - but they said that I-140
filed without an I-485 will be delayed. I would not be surprised if such a
case suddenly took much, much longer.
On Fri, 30 Apr 2004 02:44:00 -0700, MJ wrote:
> I am in a similar situation and hope to get some advices.
>
> I got laid off from my H1b job, and soon went back to my home country
> and came back with an H4 visa (my wife is still on H1b).
>
> My Hib will hit the 6 year mark in October 2004. If a company is willing
> to hire me now, can they still "transfer" my hib and have me work for
> them until October. My wife has an I-140 in process, and hopefully will
> be approve before October (according to INS schedule). I understand that
> I can then apply for EAD and continue working. I would rather start
> working now than waiting until I get my EAD.
>
> So the question is:
> Again, can I still go back to H1b now?
>
> Thanks for your help.
>
>
> Ingo Pakleppa - see web site for email <[email protected]> wrote in message
> news:<[email protected]>. ..
>> On Tue, 27 Apr 2004 11:30:24 -0700, butler wrote:
>>
>> > I have a bunch of questions about my status..
>> >
>> > I came to US in 1998 on a student's visa, and switched to a H1b visa
>> > in April 2001. My company filed for my H1b extension in January 2004
>> > (with starting date of new h1b as April 2004). Then in second week
>> > of April 2004 ( a week after my renewal was to come), I was laid off
>> > from my job.
>> > I still havn't got my h1b renewal papers.
>> >
>> > Now my questions are -
>> >
>> > 1. What is my current status?
>>
>> H-1B, violating status.
>>
>> > 2. If I get a new job, can I transfer my h1b?
>>
>> If you get a new job quickly, maybe.
>>
>> > 3. How long do I have till me current H1b expires.
>>
>> Technically, it ended the day you lost the job. More accurately, that's
>> when you started violating your status (the H-1B itself really ends on
>> the day written on the I-94, but that's in this context of little
>> comfort).
>>
>> > 4. And most importantly, my wife is on h1b, if I become a H4
>> > (depended on her) and in a few weeks after getting a new job, I apply
>> > for a new h1b, will it count against the limit of 65,000?? I.E Will
>> > it be treated as a new h1 or still a h1 transfer case?
>>
>> Possibly. You aren't supposed to be counted against the quota because
>> you are not starting a new six-year period. But I believe the USCIS
>> takes a narrower view and actually counts you if there were less than
>> 60 days between jobs.
>>
>> --
>> Remember, I am strictly a layperson without any legal training. I
>> encourage everybody to seek competent legal counsel rather than relying
>> on usenet newsgroups.
>>
>> Please support H.R. 539, H.R. 832 and S. 1510. More information at
>> http://www.kkeane.com/lobbyspousal-faq.shtml
>>
>> Please visit my new FAQ at http://www.kkeane.com (always under
>> construction)
>>
>> My email address in usenet posts is now invalid for spam protection.
>> See my Web site for information on how to contact me.
>>
>> Please feel free to enjoy some of my photographs at my Web site
>> http://www.ingopakleppa.com ! Comments are welcome.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
whether USCIS (INS no longer exists) will agree; I hear that they use a
different interpretation of the law.
However, you certainly would not be able to take advantage of the transfer
provision. That is, you would have to wait for the approval, rather than
starting to work immediately.
As far as your wife's I-140 goes: did she file concurrently I-140 and
I-485? If so, did you also file an I-485? This makes a huge difference for
the answer to your question.
Don't rely on "INS' schedule". There is no such thing. They make a guess
about how long it took them to approve cases that are being approved now.
The predictive power is very limited, and if you file today, your
processing time can be completely different.
Also, if she filed the I-140 without concurrently filing an I-485, be
prepared for it to take much longer. USCIS recently announced that they
were going to try a new pilot program. I don't know when this will start,
though. With this pilot, they are planning to approve both I-140s and
I-485s within 90 days if filed concurrently - but they said that I-140
filed without an I-485 will be delayed. I would not be surprised if such a
case suddenly took much, much longer.
On Fri, 30 Apr 2004 02:44:00 -0700, MJ wrote:
> I am in a similar situation and hope to get some advices.
>
> I got laid off from my H1b job, and soon went back to my home country
> and came back with an H4 visa (my wife is still on H1b).
>
> My Hib will hit the 6 year mark in October 2004. If a company is willing
> to hire me now, can they still "transfer" my hib and have me work for
> them until October. My wife has an I-140 in process, and hopefully will
> be approve before October (according to INS schedule). I understand that
> I can then apply for EAD and continue working. I would rather start
> working now than waiting until I get my EAD.
>
> So the question is:
> Again, can I still go back to H1b now?
>
> Thanks for your help.
>
>
> Ingo Pakleppa - see web site for email <[email protected]> wrote in message
> news:<[email protected]>. ..
>> On Tue, 27 Apr 2004 11:30:24 -0700, butler wrote:
>>
>> > I have a bunch of questions about my status..
>> >
>> > I came to US in 1998 on a student's visa, and switched to a H1b visa
>> > in April 2001. My company filed for my H1b extension in January 2004
>> > (with starting date of new h1b as April 2004). Then in second week
>> > of April 2004 ( a week after my renewal was to come), I was laid off
>> > from my job.
>> > I still havn't got my h1b renewal papers.
>> >
>> > Now my questions are -
>> >
>> > 1. What is my current status?
>>
>> H-1B, violating status.
>>
>> > 2. If I get a new job, can I transfer my h1b?
>>
>> If you get a new job quickly, maybe.
>>
>> > 3. How long do I have till me current H1b expires.
>>
>> Technically, it ended the day you lost the job. More accurately, that's
>> when you started violating your status (the H-1B itself really ends on
>> the day written on the I-94, but that's in this context of little
>> comfort).
>>
>> > 4. And most importantly, my wife is on h1b, if I become a H4
>> > (depended on her) and in a few weeks after getting a new job, I apply
>> > for a new h1b, will it count against the limit of 65,000?? I.E Will
>> > it be treated as a new h1 or still a h1 transfer case?
>>
>> Possibly. You aren't supposed to be counted against the quota because
>> you are not starting a new six-year period. But I believe the USCIS
>> takes a narrower view and actually counts you if there were less than
>> 60 days between jobs.
>>
>> --
>> Remember, I am strictly a layperson without any legal training. I
>> encourage everybody to seek competent legal counsel rather than relying
>> on usenet newsgroups.
>>
>> Please support H.R. 539, H.R. 832 and S. 1510. More information at
>> http://www.kkeane.com/lobbyspousal-faq.shtml
>>
>> Please visit my new FAQ at http://www.kkeane.com (always under
>> construction)
>>
>> My email address in usenet posts is now invalid for spam protection.
>> See my Web site for information on how to contact me.
>>
>> Please feel free to enjoy some of my photographs at my Web site
>> http://www.ingopakleppa.com ! Comments are welcome.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
May 4th 2004, 7:16 am
#6
Guest
Posts: n/a
Re: h1 to h4 to h1..will it count towards the quota??
Ingo, first thanks for the information. And thanks for putting up the
web site!
Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
> In theory, you should not be subject to the quota. But I have some doubts
> whether USCIS (INS no longer exists) will agree; I hear that they use a
> different interpretation of the law.
>
> However, you certainly would not be able to take advantage of the transfer
> provision. That is, you would have to wait for the approval, rather than
> starting to work immediately.
>
This is very good information. Sad, but important to know.
> As far as your wife's I-140 goes: did she file concurrently I-140 and
> I-485? If so, did you also file an I-485? This makes a huge difference for
> the answer to your question.
>
She did not file I-485 at the same time. Also, her I-140 was filed 2
months before we got married. By the way, do you know if we can still
file I-485 right now before her I-140 got approved?
> Don't rely on "INS' schedule". There is no such thing. They make a guess
> about how long it took them to approve cases that are being approved now.
> The predictive power is very limited, and if you file today, your
> processing time can be completely different.
I know! It has been changing every time we checked the progress. First
it was said to be 90-120 days. Then it became 200, and then 300...
>
> Also, if she filed the I-140 without concurrently filing an I-485, be
> prepared for it to take much longer. USCIS recently announced that they
> were going to try a new pilot program. I don't know when this will start,
> though. With this pilot, they are planning to approve both I-140s and
> I-485s within 90 days if filed concurrently - but they said that I-140
> filed without an I-485 will be delayed. I would not be surprised if such a
> case suddenly took much, much longer.
web site!
Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
> In theory, you should not be subject to the quota. But I have some doubts
> whether USCIS (INS no longer exists) will agree; I hear that they use a
> different interpretation of the law.
>
> However, you certainly would not be able to take advantage of the transfer
> provision. That is, you would have to wait for the approval, rather than
> starting to work immediately.
>
This is very good information. Sad, but important to know.
> As far as your wife's I-140 goes: did she file concurrently I-140 and
> I-485? If so, did you also file an I-485? This makes a huge difference for
> the answer to your question.
>
She did not file I-485 at the same time. Also, her I-140 was filed 2
months before we got married. By the way, do you know if we can still
file I-485 right now before her I-140 got approved?
> Don't rely on "INS' schedule". There is no such thing. They make a guess
> about how long it took them to approve cases that are being approved now.
> The predictive power is very limited, and if you file today, your
> processing time can be completely different.
I know! It has been changing every time we checked the progress. First
it was said to be 90-120 days. Then it became 200, and then 300...
>
> Also, if she filed the I-140 without concurrently filing an I-485, be
> prepared for it to take much longer. USCIS recently announced that they
> were going to try a new pilot program. I don't know when this will start,
> though. With this pilot, they are planning to approve both I-140s and
> I-485s within 90 days if filed concurrently - but they said that I-140
> filed without an I-485 will be delayed. I would not be surprised if such a
> case suddenly took much, much longer.
May 8th 2004, 4:43 am
#7
Guest
Posts: n/a
Re: h1 to h4 to h1..will it count towards the quota??
On Tue, 04 May 2004 00:16:09 -0700, MJ wrote:
>> As far as your wife's I-140 goes: did she file concurrently I-140 and
>> I-485? If so, did you also file an I-485? This makes a huge difference
>> for the answer to your question.
>>
>>
> She did not file I-485 at the same time. Also, her I-140 was filed 2
> months before we got married. By the way, do you know if we can still
> file I-485 right now before her I-140 got approved?
I'm not sure, but I wouldn't recommend it even if it is possible; I don't
think USCIS would consider it a concurrently-filed case. It might be
better to withdraw the I-140 and refile both concurrently (check with a
lawyer first. I think it should be possible with the same LC).
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
>> As far as your wife's I-140 goes: did she file concurrently I-140 and
>> I-485? If so, did you also file an I-485? This makes a huge difference
>> for the answer to your question.
>>
>>
> She did not file I-485 at the same time. Also, her I-140 was filed 2
> months before we got married. By the way, do you know if we can still
> file I-485 right now before her I-140 got approved?
I'm not sure, but I wouldn't recommend it even if it is possible; I don't
think USCIS would consider it a concurrently-filed case. It might be
better to withdraw the I-140 and refile both concurrently (check with a
lawyer first. I think it should be possible with the same LC).
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
