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expectluck's Immigration Cases

As long as the new company wants to keep you it will not affect your 485 application. HR may have to file detail of the new company showing the change. My friend is in the same boat. His company changed hand two times in the last 4 years but his 485 is intact

Please do not give advice based on assumptions. The GC letter comes with the GC also clearly says one year and also AP document also says one year fro the date of issue. In case they ask questions she can always bring in details like what kind of family emergency made her stay for longer than expected

Your wife can stay for a period of less than one year I mean less than 365 days. In your case as she is out on AP she has to use that for reentry. So she can stay up to the validity of the AP end date. My wife is currently in India. She has her GC. But because of family emergency she is going to stay in India and take care of he terminally ill mom. We checked with the US consulate in India and they confirmed that she can be there up to one year. Even though in your case your wife used her AP you will still be ok for a year

You need not worry too much about the date of birth of your mother in law as you are not giving any supporting document. So let it pass. In fact There was some error in my Mothers name in my Birth certificate when compare to my passport information about my mothers name. But I did not have any problem. I was keeping a supporting document ready to show both names are the same but they never asked for it. what is your priority date

I am not sure from where you got the 6 months information . The form I-131 instruction clearly says you do not have to file I-131 if you are outside US for less than 1 year (page 2 paragraph 4 in the instructions for I-131) In fact the the paper comes with your green card also has the same 1 year information. Based on those information you have to do it only if you are going to be out for more than a year and up to 2 years. You can file the I-131 yourself and donot need a lawyer

You can say the name of your employer and do not have to discuss your project

You do not need W2 at the port of entry You just need your VISA stamping in the passport. Just as backup take your H1B approval. You are OK

This is unusual. When I did the renewal a year back I did not have the VISA stamped in the old passport and my H1 renewal was valid for only up to 2010 but they gave me new passport valid for 10 more years. Did they show the information you are talking about in their web site?

I bought my home 7 years back but got my GC only last year. Some banks do not discriminate the H1B. But some banks do not want to give you loan or increase the interest rate. Especially for student loans ( If you have college going kid) they ask for a surety from a US citizen. But I have many friends who bought home when they are in H1B

If you have completed 6 years of H1 you can get extension up to 3 years if your I140 is approved. If your I140 is not approved and your labor is approved or more than 365 days old (filing date wise) you can get 1 year H1 extension. Your kid or wife will also get the same 1 year extension as H4. I am not sure why you have any confusion in this because the procedure is straight forward and depends on your H1

When you/employer apply for your H1 extension you have to apply for your dependent for H4. But for some reasons known only to the lawyers they apply H4 for the spouse and H4 for the kids as your wife’s dependent. I am not sure why. You may have to ask your lawyer. But either way it does not matter. Only when you need stamping in the passport you need to go outside US other wise you can apply for H4 and stay here legally

Buying a home should not be coupled with your H1B or 485 status. If you are sure about your current job for the next 3 years it will be worth buying the home because if you consider buying and later selling the cost involved will be compensated in 3 years period of holding on to your home. ( Breakeven period). I bought mine in 2002 and got my greencard only in 2008. So think about your current job position and buy the home if you sure to be there for 3 years

The Medicaid is decided by your income limit and the kids citizenship . As long as you are eligible based on your income you are oK. A friend of mine had it for his kid when he was a student 10 years back. He has his green card now. So there is no problem. But in your case you have given some income statement for your green card. So I am not sure how you are going back to say you have no income now

If you want him to stay for few more months you can apply for extension. The extension application date has to be prior to the expiry date of I-94. He can stay till he get the extension approval or denial notice legally

Even if you add him as your dependent (assuming that your priority date is before him) he will have to go through the same set of checks. So it may not help much but may weigh you down

hi Naanyaar
I see waiting for GC has some benefits. You are becoming philosopher (naanyaar) and reading lot of Sidhar padalkal .Keep it up. I went almost insane before getting the GC

It would be better to enter on H1 and continune to work on H1, if you are not using EAD, you donot need AP. but if you enter on AP you will have to start using EAD.

You are completely wrong , if someone enters on AP ONE DOES NOT NEED TO BE ON AN EAD , HE OR SHE CAN STILL BE ON H1 STATUS , please check the facts , dont give wrong information here

Franticsky is partially correct. You can come back Using AP and your H1B is still valid as long as you work for the same employer. You do not need to use the EAD but you will lose the privileges of the H1b. What it means is if your 485 is rejected for any reason you have to go back ( off course you can contest the rejection) but in case of H1B you are still legally work in US in spite of rejected 485. This is the only advantage of being in H1B. There were many postings here as well as moorthy.com

Thanks. I appreciate your input

My friend is working in computer field for a top 20 fortune 500 company. This is his first extension ( second stamping) So i am trying to get information to help him out

Member Profile: expectluck (112 posts)