sbabunle
05-06 01:03 PM
No one can predict at this point of time. The optimism
is thinning every day. So far nobody could come up
with anything that is agreeable.
Our best friend Sen. Sessions is trying his best
to distroy any bill. Now he is trying to propose and
implement a point based system. Who know when
the point base system is ready for discussion he
will propose a DNA based system....
So my friend I'm scared to hope on immi
sector. Good luck to you
-babu
is thinning every day. So far nobody could come up
with anything that is agreeable.
Our best friend Sen. Sessions is trying his best
to distroy any bill. Now he is trying to propose and
implement a point based system. Who know when
the point base system is ready for discussion he
will propose a DNA based system....
So my friend I'm scared to hope on immi
sector. Good luck to you
-babu
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irock
07-27 12:15 AM
if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..
Before they used to approve one or three years based on either Receive Date or
approval date (random) of your H1 extension application.
But in the latest FAQ http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf (question 17),
they announced that if your PD is not current at the time of your *date of filing/received date*, they will give
you three years extension.
I applied my extension on July 9th thinking that my PD is not current based on July 2nd VB. :(
Now it seems I get only one year extension.
Before they used to approve one or three years based on either Receive Date or
approval date (random) of your H1 extension application.
But in the latest FAQ http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf (question 17),
they announced that if your PD is not current at the time of your *date of filing/received date*, they will give
you three years extension.
I applied my extension on July 9th thinking that my PD is not current based on July 2nd VB. :(
Now it seems I get only one year extension.
EndlessWait
12-30 06:48 PM
if not ..u should take a chance
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SunnySurya
07-13 11:56 AM
Folks,
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I am looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for no explicit reasons and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I am looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for no explicit reasons and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
more...
akilhere
09-02 10:11 AM
I'm just curious as there has been approvals contrary to the bulletins in the years before. Please don't flame me as i'm just looking for any signs of hope around the corner for the EB3 folks.
reddymjm
06-13 05:43 AM
for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.
PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.
PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.
more...
EndlessWait
04-12 07:12 PM
Considering, if lobbying with $ is how things work here and it will help the govt. to fund the war, I've a great idea.
Tell the lawmakers, we legal H1b highly skilled workers are willing to shell out $10K-$20K, if they can have a provision after I-140 to let us get I-485 Premium Processing. This fee, lets call it Premium processing GC fee, can help government in all the good ways.
Paying this premium processing is giving government funds to support various things namely balance budget, fund the troops in war.
IV should consider this seriously and debate.
Say what???
:-)
Tell the lawmakers, we legal H1b highly skilled workers are willing to shell out $10K-$20K, if they can have a provision after I-140 to let us get I-485 Premium Processing. This fee, lets call it Premium processing GC fee, can help government in all the good ways.
Paying this premium processing is giving government funds to support various things namely balance budget, fund the troops in war.
IV should consider this seriously and debate.
Say what???
:-)
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glus
04-17 07:54 AM
This is Off-Topic, sorry about that, but this is the best forum i could think of to ask this:
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understand that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
In general a person with a valid visa can drive in the U.S. provided the person is in possession of a valid drivers license. However, if he is not on your insurance policy added as a driver and causes an accident, your insurance company is not liable and can refuse to pay the costs. If he is to drive your car, ask your insurance agent about this.
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understand that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
In general a person with a valid visa can drive in the U.S. provided the person is in possession of a valid drivers license. However, if he is not on your insurance policy added as a driver and causes an accident, your insurance company is not liable and can refuse to pay the costs. If he is to drive your car, ask your insurance agent about this.
more...
gbof
02-16 08:48 PM
Guys, Any idea how much time NSC is taking for EAD approval? This is for a fresh application not renewal.
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kumar_77
08-01 11:16 AM
Hello Core Members ,
We are seeing that some applications are being returned by USCIS mail room people , for improper fees and missing forms . This looks to be a very bit issue for people who have filed the cases , during July . Its possible that the filers may have made any mistake or this can be a mistake of Mail room People too due to huge volume of applications they have received . During Normal process every one had a fair chance of applying again with in the current month or many times even the preceding months. This is definitely not the case this time. If some case is rejected after Aug 17, they will not be able to file I 485 for Years . Can any of the core members suggest a way to contact the USCIS or DHS people and get some relief from this , and allow to re file the I 485 .
Thanks
Kumar
We are seeing that some applications are being returned by USCIS mail room people , for improper fees and missing forms . This looks to be a very bit issue for people who have filed the cases , during July . Its possible that the filers may have made any mistake or this can be a mistake of Mail room People too due to huge volume of applications they have received . During Normal process every one had a fair chance of applying again with in the current month or many times even the preceding months. This is definitely not the case this time. If some case is rejected after Aug 17, they will not be able to file I 485 for Years . Can any of the core members suggest a way to contact the USCIS or DHS people and get some relief from this , and allow to re file the I 485 .
Thanks
Kumar
more...
makemygc
06-22 11:16 AM
you need pdf writer, use demo.
I don't think it's anything to do with pdf writer. If he is asking about forms like I-485, G-325 A etc..those have pdf security enable and wont allow you to save it. Whereas if you try I-693 form (for medical), that will allow you to save the form even if you do not have pdf writer.
I don't think it's anything to do with pdf writer. If he is asking about forms like I-485, G-325 A etc..those have pdf security enable and wont allow you to save it. Whereas if you try I-693 form (for medical), that will allow you to save the form even if you do not have pdf writer.
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mattresscoil
11-05 01:03 PM
Fellow IVians:
Background:
We are one EAD/AP. (may not matter in this scenario but still mentioning)
My daughter is a US born Citizen and she is under 2 years old with a valid Indian VISA.
She has been living in India with her Grand Parents for the past one year.
She will be travelling to the US accompanied by her uncle & Aunt who are returning to USA at the end of their vacation.
Question:
Since both parents are not accompanying the infant is there some documentation needed?
Has anyone done this before? Can you please post your experiences and suggestions?
I will be preparing a notarized letter of consent along with her Birth Certificate...is there anything else?
Any information will be sincerely appreciated
Thanks, Mattresscoil!!
Background:
We are one EAD/AP. (may not matter in this scenario but still mentioning)
My daughter is a US born Citizen and she is under 2 years old with a valid Indian VISA.
She has been living in India with her Grand Parents for the past one year.
She will be travelling to the US accompanied by her uncle & Aunt who are returning to USA at the end of their vacation.
Question:
Since both parents are not accompanying the infant is there some documentation needed?
Has anyone done this before? Can you please post your experiences and suggestions?
I will be preparing a notarized letter of consent along with her Birth Certificate...is there anything else?
Any information will be sincerely appreciated
Thanks, Mattresscoil!!
more...
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GotGoose?
04-10 04:10 PM
I added two more stamps - check top.
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jasmin45
08-06 10:23 AM
Hello everyone,new to the forum
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
I guess you should drop all "thing in the past" with your lawyer behind and work with her to get you going with this. you lawyer is the one in best position to help your situation. If you do not have receipt for 485, you should talk to her and ensure that the lawyer agree to send you all the photocopies of the documents or the originals themselves so that you do not land up in this sutiation again. Pay her after you receive the documents.
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
I guess you should drop all "thing in the past" with your lawyer behind and work with her to get you going with this. you lawyer is the one in best position to help your situation. If you do not have receipt for 485, you should talk to her and ensure that the lawyer agree to send you all the photocopies of the documents or the originals themselves so that you do not land up in this sutiation again. Pay her after you receive the documents.
more...
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desi3933
02-23 03:23 PM
If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.
This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.
_________________
Not a legal advice
This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.
_________________
Not a legal advice
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PD_Dec2002
06-12 07:18 PM
I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
more...
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GCHPLC
10-19 01:09 PM
I am from Long Island. I am a name check victim. What can we do? Where and when can we gather?
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colors
09-01 01:02 AM
Hi
I see that RFE is requested on my I-485 along with my wife application. I haven't received the notice yet. Could you please let me know if any july 2007 filers have RFEs on their cases.
Help is much appriciated.
Thanks
I see that RFE is requested on my I-485 along with my wife application. I haven't received the notice yet. Could you please let me know if any july 2007 filers have RFEs on their cases.
Help is much appriciated.
Thanks
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julsun
01-03 12:55 PM
From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
Yes she not current visa status :-( Thats why I am worried about her travel plan.
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
Yes she not current visa status :-( Thats why I am worried about her travel plan.
yestogc
11-17 02:30 PM
the option I see is that you should get the responsibilities more clearly defined on your ex companies letter head if possible ............. if not then you can get the role details from your previous peers and manager, at each company.
Act fast as this may take time
Act fast as this may take time
riva2005
05-21 01:40 PM
Immigration in United States is a soveriegn issue of this country and foriegn governments cannot do anything about it. In fact, it would be offensive for Indian Govt to advice US congress to do something regarding immigration.
Kamalnath, India's commerce minister tried to meddle in British Parliament when they changed visa rules for Indian Doctors. The British Parliament warned him and asked him to BACK OFF.
Immigration is not a trade issue. There is not deal between 2 nations on immigration. We are not talking about crude oil or soybeans trading.
Please end this discussion here. It looks really naive of us to even think like this.
Kamalnath, India's commerce minister tried to meddle in British Parliament when they changed visa rules for Indian Doctors. The British Parliament warned him and asked him to BACK OFF.
Immigration is not a trade issue. There is not deal between 2 nations on immigration. We are not talking about crude oil or soybeans trading.
Please end this discussion here. It looks really naive of us to even think like this.
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