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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 10-25-2007, 11:04 PM
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Priority Date
:
Sep-06
Category
:
EB3
I140 Mailed Date
:
01/01/2001
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India
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:
01/01/2001
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Default Withdraw H1b and Travel to India on EAD

Hi There,
My wife got her H1b approved earlier this year (she was on H4 before) but we also received our EAD's and AP a few months back. She is now planning to go to India. Since we received our EAD and AP she did not start working from Oct. 1(as per h1b)....now that she is going to India the lwayer is asking we withdraW her H1b petition since she is not going to use her H1b anyways. The lwayer is also suggesting she gets her H4 stamped and then come back and use EAD and start working. My question is since the lawyer is going to send an application to withdraw her H1b while she is in India, will she have any problems while coming back. She will use AP on port of entry.
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  #2 (permalink)  
Old 10-25-2007, 11:56 PM
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Priority Date
:
Sep-06
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I140 Mailed Date
:
01/01/2001
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:
01/01/2001
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Default

Come on guys...some one..
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Last edited by zoooom; 10-26-2007 at 02:00 AM.
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  #3 (permalink)  
Old 10-26-2007, 05:42 AM
Senior Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
03/03/2007
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India
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06/30/2007
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Default

Shouldnt be any problem..But I suggest to file for withdrawal asap if your wife is not planning to leave the country immediately...Because, she is legally out of status if she has not started working since Oct 1st (Though one can argue on this as she has a AOS pending too)...If she leaves the country immediately, she doesnt even have to file a withdrawal...She can leave the country and either enter on AP and use EAD to work or get a H4 Visa stamped, enter on H4 and use EAD to work....Either way, I dont see any issues here....
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  #4 (permalink)  
Old 10-26-2007, 11:27 AM
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Priority Date
:
Sep-06
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I140 Mailed Date
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01/01/2001
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:
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:
01/01/2001
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Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
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Last edited by zoooom; 10-26-2007 at 11:35 AM.
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  #5 (permalink)  
Old 10-26-2007, 12:00 PM
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Priority Date
:
Dec-05
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N/A
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Default No Issues

Withdrawal of H1 does not create any issues. Since she is on H1 Since Oct 1, 2007 - make sure you have a pay stub for her for this period.

Quote:
Originally Posted by zoooom View Post
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
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  #6 (permalink)  
Old 10-26-2007, 01:49 PM
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Priority Date
:
N/A
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N/A
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:
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:
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her I-485 was filed befoer Oct 1st and she plans to use EAD. She need not have worked a single day or earned a single paycheck. She can enter using AP or H4.
Withdrawing H1 is a good gesture thats all.
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  #7 (permalink)  
Old 10-26-2007, 04:15 PM
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Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
09/22/2006
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India
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I-485
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:
09/22/2006
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I wonder why she would have to get her H4 stamped? If she has an EAD and the AP - she should just use that. Isn't AP meant just for that? - To ignore the stamping hassle and just return safe.
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  #8 (permalink)  
Old 10-26-2007, 04:33 PM
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Priority Date
:
Jan-02
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:
N/A
I140 Mailed Date
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07/12/2003
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Quote:
Originally Posted by zoooom View Post
Come on guys...some one..
File withdrawal of H1, come on AP and work on EAD. No Issues at all.
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Disclaimer: NOT Legal Advice

Primary
PD: June 15th 2002 - EB3 (India)
I-485(Self) : July 14, 2005
GC Recd: Jun 29th 2007

Secondary
Spouse(Derivative)
NSC 485/EAD/AP: RD/ND Jun 12th 2007: July 9th 2007FP : 08/22/2007,
EAD Received : 09/20/2007
AP : Approved 10/4/2007; Received 10/30/2007
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  #9 (permalink)  
Old 10-26-2007, 05:51 PM
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Priority Date
:
Sep-06
Category
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I140 Mailed Date
:
01/01/2001
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India
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01/01/2001
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Thank you guys...Its just the lawyer that keep insisting on getting her H4 stamped...I want her to use her AP (and thats what we will do)...I am going to maintain my H1 status BTW.
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  #10 (permalink)  
Old 10-26-2007, 07:19 PM
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Priority Date
:
Category
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01/01/1900
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http://immigrationvoice.org/forum/sh...t=14870&page=3 (EB2 India Priority Date Tracker)
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  #11 (permalink)  
Old 10-27-2007, 10:17 AM
Junior Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
01/23/2006
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:
India
Processing Stage
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:
08/15/2007
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Default On H4, and she goes on AP and YOU h1 ... -- Problem

Hello,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.

She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.

Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?

Cheers,
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  #12 (permalink)  
Old 10-27-2007, 12:33 PM
Senior Member
Priority Date
:
Sep-06
Category
:
EB3
I140 Mailed Date
:
01/01/2001
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2001
Compare
Join Date: May 2007
Posts: 166
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Default

So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.
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Contributed #5 for HIGH Five Drive (http://immigrationvoice.org/forum/sh...ad.php?t=20183)

Called Senators and sent Mails....
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  #13 (permalink)  
Old 10-27-2007, 05:54 PM
Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
10/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/08/2007
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Join Date: Jun 2007
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Default

Quote:
Originally Posted by zoooom View Post
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.
Spouse using EAD, has no affect on your H1.

My wife has H1B and she got EAD now. She plans to use her EAD soon, so H1 status gets automatically canned.
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  #14 (permalink)  
Old 10-27-2007, 08:58 PM
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
08/25/2005
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:
India
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:
I-485
I485 Mailed Date
:
08/25/2005
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I think the lawyer wants her to get the h4 stamped so she can stay in status in case of any problems with the 485, especially since you are maintaining your H1b/AOS pending on which she is a dependent.
Since she has not used the H1b or got it stamped and since you have applied for 485 before it was to take effect, she is safe with your dependent 485 AOS and H4 status. Cancelling her H1b will benefit you guys from any confusion at the consulate. Either way the AP will allow her to return in AOS without problems.
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  #15 (permalink)  
Old 11-14-2007, 12:29 PM
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Priority Date
:
Apr-06
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:
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Default please suggest

Hi all,

This forum really helped me to think in right direction. I have same situation now. I have valid H1b ( starting Oct 1st 2007) and got EAD and AP. I did not start working yet. If I withdraw my H1b will it effect my AOS? I am a secondary applicant. My husband is still maintaining H1 status. Please advice.
Your reply will surely bring peace of mind to me.

Thanks
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