I-485 Waiting for Derivative???

Hi Krish,

Assuming that you are from India.

As long as your 485 is pending you can extend your H-1B and so consequently you can file H-4 extension for your wife.

Hope this clears your doubt.
 
Is it possible for H1 extension even with a pending I-485??
Most of the websites (Immigation lawyers) say that it is not possible to do this.
 
I extended my H1B (3 years using I-140 approval) after using AP twice, that mean you can extend H1B while I-485 is pending
 
thanks StillAlive,
If its not personal,Can I ask you why you have extended your H1B though you have used AP twice while returning from abroad. (I assume you will fall under dual intent nonimmigrant status)

When you enter USA using AP, I heard that H1b status expires??
In that case now is your status considered "Parole Status" or H1b status?.

I have AP question
while using AP, (Assuming you have expired visa in passport) do we need to take transit visa or AP is sufficient if going to your home country (say India) for vacation via some of those European countries which require valid US VISA.
I am trying to understand how AP works while traveling with expired US visa.
In airport whether those travel agents who issue boarding passes understand what AP is ? DO we need to explain what that is so that they let us board the flight
 
krish2006 said:
When you enter USA using AP, I heard that H1b status expires??
In that case now is your status considered "Parole Status" or H1b status?
Click to expand...

No -- if you are on H or L (double-intent) and intend to stay on the status when back in US, AP does not invalidate your status.
 
Hi Krish:

while using AP, (Assuming you have expired visa in passport) do we need to take transit visa or AP is sufficient if going to your home country (say India) for vacation via some of those European countries which require valid US VISA.

For Paris you should take airport transit visa BUT for Frankfurt you do not need provided you have valid AP.

I am trying to understand how AP works while traveling with expired US visa.
In airport whether those travel agents who issue boarding passes understand what AP is ? DO we need to explain what that is so that they let us board the flight.

Airlines know about AP.

By the way krish your questions are relevant to EAD/AP/H-1B thread
 
krish2006 :

I think you got your questions answered from Geo and Madgu.

Regarding "why you have extended your H1B", I just wanted my company to spend some money on me ;) since I was renewing my EAD's even though I never used it.
 
Hey StillAlive/madgu-gc2005/geofu54,

I found from following reference, that we can still extend H1b status but cannot be in on H1b status if entered as Parolee.

How can one extend the status but not be in that status at the same time.

I am confused, can you guys clarify Please;

Reference:
http://www.murthy.com/chatlogs/chat1124_P.html

Attorney Murthy : A person may reenter on the AP status and is legally allowed to extend H1B status after that in the U.S. but cannot be on H1B status if the person entered as a parolee. A person has to enter on the H1B status to be in H1B status but is allowed to file an H1B extension if s/he continues to work for the H1B sponsoring employer.
 
These guys design rule such a away that money keeps coming in some or the other way.
I wanted to keep the H1 status to take advantage if 485 gets denied for some reason (which is very rare) then I can be on H1 status and appeal. If you don't have H1 status you will be out of status after 6 months (I believe)

This is just an advice I got it reading from this forum, please take advice from expert before taking any action. Don;t try to find logical solution, US immigration is built with no logic.

krish2006 said:
Hey StillAlive/madgu-gc2005/geofu54,

I found from following reference, that we can still extend H1b status but cannot be in on H1b status if entered as Parolee.

How can one extend the status but not be in that status at the same time.

I am confused, can you guys clarify Please;

Reference:
http://www.murthy.com/chatlogs/chat1124_P.html

Attorney Murthy : A person may reenter on the AP status and is legally allowed to extend H1B status after that in the U.S. but cannot be on H1B status if the person entered as a parolee. A person has to enter on the H1B status to be in H1B status but is allowed to file an H1B extension if s/he continues to work for the H1B sponsoring employer.
Click to expand...
 
Hey StillAlive,
You know I won't be able to answer your question just posted today. Congratulations on your I-485 approval.

But I am curious what's your PD. Is it Jun05? If it is : I am curious to know since for the entire last year EB2 India priority dates were in Jan 03 & Jan 04.
How does USCIS approve a case without PD <= priority date.

And also is the followng true?
I heard that even though they process all the submitted I-485's without the regard for priority dates and if everything is all right they do not send approval letter till PD <= priority date.
 
Correction:
Read in the above post "PD <= priority date" as
"your PD <= current priority dates in Visa Bulletin"
 
hey madgu-gc2005,
I understand that June visa bulletin says current. But in the Sept bulletin, they made EB2 India as Apr2004. Doesn't that mean, even though they made the dates current, They were able to allocate EB2 india numbers prior to Apr2004? Isn't it?
 
once the dates are current everybody is eligible irrespective of whether EB-1/2/3

At that time probably USCIS might have looked into the PD not the category.

two of my friends who filed under EB-2 NIW in sep 2005 got their green card last week. it is all because of June visa bulletin.

two members in this forum under EB-1 who filed in early 2005 still did not get through because of the name check problem and other stuffs. who knows what USCIS does?
 
madgu-gc2005,
That's very interesting. Basically that violated FIFO (First In First Out) (Assuming everything is allright with the application in FIFO queue)
 
SR opened

Hi all,
I am back after almost a week's absence. My husband has been trying to get someone to talk to him at TSC since we found out that his case is at Mesquite, TX. Finally he got to talk to a lady who was willing to look into the matter, despite a lousy phone connection.
She had no answer as to why our case has been pending for so long or if all the security checks are cleared:rolleyes: However the only thing that came of this call was that she opened a SR for us. This is the first time that our case has been put under such a 'category', so I dont know what to make of it. She says that if we dont hear from them in 30 days, we can call again.
Now my question is: should we really wait 30 days, or is there anything else we can do at this point. I have been advised to get an Infopass and meet with an officer. Is this a good idea while SR is pending? Or should we just sit tight and wait till next month?
 
Status on Kids cases

Hi All,
Recently I had Card ordered (CO) and welcome notice (WC) sent emails for my and my wife but I do not see any activity on my kids cases. Please see my signature.
Any thoughts on this!
 
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