MYGCBY2010
10-03 11:16 AM
USCIS addresses RFE's to attorney who represents you, you will not get the RFE. Even if you call USCIS, they will not provide you with clear details.
Try calling them to know about your RFE; you might get lucky!
I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.
Try calling them to know about your RFE; you might get lucky!
I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.
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kshitijnt
09-16 05:21 AM
My AP was approved last week (Monday) still to get in mail.
I_need_GC
07-25 04:07 PM
Hi,
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
A. Singh
She can apply for adjustment of status EAD I-485 she does not need to have H4 to apply for adjustment under you. She is not out of status because he status in the US is currently OPT even thoug the visa itself might have expired on the passport.
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
A. Singh
It will not be invalidated. Her status will change from F1 to Adjustment of status. You can legally stay in the US while your I-485 is pending and travel using AP or work using EAD.
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
A. Singh
In my opinion you don't need H4, but to be safe in case the I-485 gets denied then she will be out of status. Legally she can stay in the US while her I-485 is being processed that is one of the benefits of I-485.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
A. Singh
Yes the 2 month gap provision called 245q protects you against 2 month of illegal work or stay. But in my opinion she will not be out of status in this situation after filing I-485.
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
I don't know the current fee you can check the uscis website.
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
A. Singh
She can apply for adjustment of status EAD I-485 she does not need to have H4 to apply for adjustment under you. She is not out of status because he status in the US is currently OPT even thoug the visa itself might have expired on the passport.
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
A. Singh
It will not be invalidated. Her status will change from F1 to Adjustment of status. You can legally stay in the US while your I-485 is pending and travel using AP or work using EAD.
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
A. Singh
In my opinion you don't need H4, but to be safe in case the I-485 gets denied then she will be out of status. Legally she can stay in the US while her I-485 is being processed that is one of the benefits of I-485.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
A. Singh
Yes the 2 month gap provision called 245q protects you against 2 month of illegal work or stay. But in my opinion she will not be out of status in this situation after filing I-485.
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
I don't know the current fee you can check the uscis website.
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veni001
07-06 08:53 PM
Looks like my attorney did not read 8 CFR completely before answering my question?:(
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
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akhilmahajan
01-21 12:26 PM
There are 2 different dates: Notice and Receipt Date.
Receipt date is when they got it, which in your case is July 30th. This date is used to count 180 days for your 485 File date.
Notice Date is the date when they entered the information in to their system, which in your case is September 5th. This date is used for processing dates and all.
I hope this helps.
Receipt date is when they got it, which in your case is July 30th. This date is used to count 180 days for your 485 File date.
Notice Date is the date when they entered the information in to their system, which in your case is September 5th. This date is used for processing dates and all.
I hope this helps.
Desertfox
03-05 01:32 PM
They have a provision for deporting legal (and illegal) immigrants on their first DUI conviction. Seems to me they are now serious about creating an officialy declared permanent underclass in this country. The house Democrats are also singing the same chorus. I just can't believe that these are the same Democrats who we thought will replace the Republican Congress on the Hill and legalize every immigrants in this country. There were very few on this forum who thoght otherwise during 2006-CIR failure in the Republican congress.:mad:
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visa_reval
04-28 01:21 PM
Guys,
The person who started this thread is not even in a position to use AC21. Does anyone know if one can change employers with approved I-140 (I-485 not filed) and is in 7th year of h1b ?
The person who started this thread is not even in a position to use AC21. Does anyone know if one can change employers with approved I-140 (I-485 not filed) and is in 7th year of h1b ?
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eastindia
12-20 01:40 PM
We need to have a working group to generate awareness @ grassroot levels about legal EB immigrations - common voters, media, people working around you.
This is a good idea.
How about you take your idea further and start this group. I am sure many folks who agree with you will join you. What do you think?
This is a good idea.
How about you take your idea further and start this group. I am sure many folks who agree with you will join you. What do you think?
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rajuram
01-25 06:46 PM
The Senate and the house may be passing the tax refund bill soon (due to slowing economy). There is lot of pressure on the government to act soon.
Can we get them to attach atleast one of our provisions with these bills - the most important and non controversial being recapture of unused visa numbers.
Just a suggestion................I know there is no dearth of suggestions.
Can we get them to attach atleast one of our provisions with these bills - the most important and non controversial being recapture of unused visa numbers.
Just a suggestion................I know there is no dearth of suggestions.
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nk2006
07-04 04:00 PM
Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
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vinzen
08-14 10:55 PM
https://egov.uscis.gov/cris/processTimesDisplay.do
NSC - I485 - Sep 15 2007
TSC - I485 - Aug 30 2007
Cheers,
Ardnahc
Hello guys ,
New member here. I have been watching the forums occassionally. My PD is June 2002 EB3 and here is my situation from USCIS case status:
1. I first applied for I765 and I485 on 08/10/2007 and got EAD for 1 year. According to https://egov.uscis.gov my status was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".
2. Then I by myself applied for renewal of EAD exactly after 1 year on 08/19/2008 and got EAD approved for 3 years. According to https://egov.uscis.gov, the form that I applied for was I765 and status again was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".
These were the only two entries on my status on https://egov.uscis.gov. So far so good.
3. I decided to log on to this site this morning to check my status and saw a third entry in my case. It says the form number is I485 and they receieved it on 04/20/2009 and the case status is "APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS".
I didnt do anything on 04/20/2009. So it seems like the I485 that I submitted along with I765 on 08/10/2007 was finally receieved by USCIS on 04/20/2009?. When I click on my case number, it says "On July 6, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case." and that it is with Texas Service Center. I checked TSC timings and looks like they are at 08/30/2007. Is this the date they first receieved my application (July 6, 2007) or the last update date (04/20/2009 .... look at #3 above). If it is the latter, I am still three years behind. If it is the first application date, then I have some hopes.
Sorry for the long post and to make you read all this. Any help will be appreciated.
thanks,
NSC - I485 - Sep 15 2007
TSC - I485 - Aug 30 2007
Cheers,
Ardnahc
Hello guys ,
New member here. I have been watching the forums occassionally. My PD is June 2002 EB3 and here is my situation from USCIS case status:
1. I first applied for I765 and I485 on 08/10/2007 and got EAD for 1 year. According to https://egov.uscis.gov my status was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".
2. Then I by myself applied for renewal of EAD exactly after 1 year on 08/19/2008 and got EAD approved for 3 years. According to https://egov.uscis.gov, the form that I applied for was I765 and status again was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".
These were the only two entries on my status on https://egov.uscis.gov. So far so good.
3. I decided to log on to this site this morning to check my status and saw a third entry in my case. It says the form number is I485 and they receieved it on 04/20/2009 and the case status is "APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS".
I didnt do anything on 04/20/2009. So it seems like the I485 that I submitted along with I765 on 08/10/2007 was finally receieved by USCIS on 04/20/2009?. When I click on my case number, it says "On July 6, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case." and that it is with Texas Service Center. I checked TSC timings and looks like they are at 08/30/2007. Is this the date they first receieved my application (July 6, 2007) or the last update date (04/20/2009 .... look at #3 above). If it is the latter, I am still three years behind. If it is the first application date, then I have some hopes.
Sorry for the long post and to make you read all this. Any help will be appreciated.
thanks,
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seekerofpeace
09-05 02:43 PM
Just a thought is infopass necessary for those receiving CPO/approval emails...if the USCIS online reliability is a concern....
SoP
SoP
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byeusa
07-11 01:02 AM
As per USINPAC, you need to say thank you to them as they claim to have started and run this campaign. Fraudstrers...!
http://in.news.yahoo.com/070710/48/6hwnn.html
http://in.news.yahoo.com/070710/48/6hwnn.html
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snathan
12-03 09:56 AM
in politics everything is give and take + "my side needs to get the best deal" attitude.
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
Who gave you that assurance....?:confused:
Seriously I pray for this bill to fail...if there is no relief for legals. I am not interested to pay for the illegal and their docs to be processed with my money.
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
Who gave you that assurance....?:confused:
Seriously I pray for this bill to fail...if there is no relief for legals. I am not interested to pay for the illegal and their docs to be processed with my money.
more...
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Lewwy
10-28 06:34 PM
Wehey - I can do all that (- website layouts) and I havent had classes yet :)
Your car is slightly different.. It has a gradient; where mine was bright purple.
Can I view a few of your sigs? Or a website you have previously made?
Your car is slightly different.. It has a gradient; where mine was bright purple.
Can I view a few of your sigs? Or a website you have previously made?
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jthomas
03-27 01:01 PM
Generally it is little difficult to sponsor a GC through one's own business. USCIS wants to know if it is a legitimate business, with revenues, employees, contracts etc
My attorney told me the same thing. USCIS wants to know if it is a legitimate business. However, if you wish to start/buy a business. Approach SCORE / SBA at your county. Make a business plan. Plan it out with recruiting employees at a later stage. After some time apply for green card. You never know you would be able to make a succesful business.
I went through some of the process but it does not suit me so i backed off.
Please update your information.
My attorney told me the same thing. USCIS wants to know if it is a legitimate business. However, if you wish to start/buy a business. Approach SCORE / SBA at your county. Make a business plan. Plan it out with recruiting employees at a later stage. After some time apply for green card. You never know you would be able to make a succesful business.
I went through some of the process but it does not suit me so i backed off.
Please update your information.
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yingli
08-23 10:59 PM
My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
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gauravsh
05-04 01:23 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Thank you sir!!
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Thank you sir!!
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