kaushik07
10-30 02:46 PM
Hello Jsb, can you please give us more information on how to sign on for the Ombudsman's conference call for nov2nd.
a_yaja
07-13 11:25 AM
What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.
Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.
Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.
desi3933
06-22 07:51 AM
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.
I am NOT an attorney and this is not a legal advice.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
I agree this is good idea. She may have to travel out of US to get back into H4 status.
See above in Blue.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.
I am NOT an attorney and this is not a legal advice.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
I agree this is good idea. She may have to travel out of US to get back into H4 status.
See above in Blue.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
chintals
10-23 03:58 PM
Just got email from USCIS saying EAD cards were ordered.
Please see details in my signature.
Please see details in my signature.
more...
rajenk
01-17 01:40 PM
Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
viswanadh73
01-04 03:21 PM
thanks
more...
sduddukuri
02-09 08:24 AM
Not sure, employer is not sharing the "reason for denial" letter. Since me and my wife went to india and got visa stamped, i didnot force them.
x1050us
06-25 09:29 PM
My H4 spouse left the country for vacation on May 25 (before h4 expiry)
Attorney filed 7th year ext and I 539 on Jun14.
My 6th year of H1 ended on Jun 17.
The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.
Attorney filed 7th year ext and I 539 on Jun14.
My 6th year of H1 ended on Jun 17.
The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.
more...
natrajs
05-12 10:09 AM
At last, I received my approval on May 8th 2008. What a relief. I have learned a lot from this fourm. Thanks a lot guys.
Congrats and Best Wishes
Congrats and Best Wishes
lostinbeta
09-06 02:19 PM
I started with 6. It isn't THAT much of an upgrade from 6. It does have a few little features that I like, like dynamic brushes that change direction and color.
more...
vin13
04-08 12:08 PM
I am not trying to be rude. but really we should use some common sense. If you are visiting another state within US why would you need a visa? If you are still not sure check with the cruise ship customer service.
All i am trying to say is do not post a question until you have put some effort to get your answer by yourself.
All i am trying to say is do not post a question until you have put some effort to get your answer by yourself.
Sunx_2004
10-05 05:10 PM
Thanks guys, I will keep updating this thread as things unfold.
Cheers
Cheers
more...
jfredr
07-23 12:04 PM
Hi
Just to know who signed ur I-485 at NSC
R.Mickels
Just to know who signed ur I-485 at NSC
R.Mickels
Sachin_Stock
08-13 02:32 PM
Any gurus can answer this question?
more...
WAIT_FOR_EVER_GC
07-24 09:12 AM
xbcsd
martiansoldier
08-20 03:17 PM
If you applied for a change status (like H4 - H1) or change of employer (like H1 - H1) or extension of stay (like H4 extension or H1 extension), while in the US, the I-797 approval notice will have an I-94 card as long as you were not out of status prior to filing your application. However, if you were out of status, then you wouldn't get the I-94 along with your I-797 and you are still out of status. You will have to leave the country and get a visa stamped on your passport before entering the US again. If you have been out of status, there is always the risk of being denied a visa at the consulate.
more...
Pineapple
05-02 03:34 PM
Letter to USA Today (Published today)
-------------------------------------
Unlike illegal immigrants, our family, including two teenage girls, followed the legal way to come into the USA. My husband, an IT specialist, was asked to come by a U.S. employer. We are from Holland, where some have had a weak spot for the USA since World War II; we took the step of moving to America in 2001.
After a visa, heaps of paperwork and an extension of the visa after three years � the employer still needs my husband's skills. He also offers his skills to U.S. workers via training. No other experts are available. So, we decided we wanted to stay. Despite legal hurdles, we like it here.
But, for the past year and a half or so, the Department of Labor has stacked applicants in backlog centers to see whether it is true that no U.S. citizen is available for the job. Officials promise a lot, but we are all waiting and waiting.
If the immigration legislation adds some millions of guest workers to that stack, what will happen to us legals?
That's why I was glad to see the commentary �Stingy immigration policy stifles U.S. innovation.� I hope it raises awareness. But couldn't we legal immigrants get the front page for once?
Betty Innemee
Livingston, N.J.
--------------------------------------------------------------------------
Web Link:
http://www.usatoday.com/printedition/news/20060502/letad02.art.htm
Looks like another potential IV member, if she could be contacted.
-------------------------------------
Unlike illegal immigrants, our family, including two teenage girls, followed the legal way to come into the USA. My husband, an IT specialist, was asked to come by a U.S. employer. We are from Holland, where some have had a weak spot for the USA since World War II; we took the step of moving to America in 2001.
After a visa, heaps of paperwork and an extension of the visa after three years � the employer still needs my husband's skills. He also offers his skills to U.S. workers via training. No other experts are available. So, we decided we wanted to stay. Despite legal hurdles, we like it here.
But, for the past year and a half or so, the Department of Labor has stacked applicants in backlog centers to see whether it is true that no U.S. citizen is available for the job. Officials promise a lot, but we are all waiting and waiting.
If the immigration legislation adds some millions of guest workers to that stack, what will happen to us legals?
That's why I was glad to see the commentary �Stingy immigration policy stifles U.S. innovation.� I hope it raises awareness. But couldn't we legal immigrants get the front page for once?
Betty Innemee
Livingston, N.J.
--------------------------------------------------------------------------
Web Link:
http://www.usatoday.com/printedition/news/20060502/letad02.art.htm
Looks like another potential IV member, if she could be contacted.
Heart
10-09 02:40 PM
from the immigration rules I got to know that if I-94 is near expiring, then an official from CBP (international airports only) can change it and provide a new one. HOwever, it it is expired, you have to cross border and re-enter to get a new valid I-94.
I will write more as I get to know.
I will write more as I get to know.
Gravitation
06-29 01:12 PM
My docs and signed applications reached attorney last Friday. Paralegal seems to be working on it as he keeps sending questions by email. However, when I asked the forms might be mailed by June 29th, he didn't reply. My feeling -by the questions asked- is that my form are complete. I'm hoping he'll mail it latest by first week of July.
kumkum
08-04 01:46 PM
Thank you very much Mr.sk.aggarwal.i will call them.
vin13
04-26 02:22 PM
Why did we all come to USA?
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Where do you want to go with this discussion?:confused:
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Where do you want to go with this discussion?:confused:
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