cableching
07-18 06:14 PM
USCIS Looks at I-94 you entered on the I-485 application.
You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.
That's the basis for them to track your status in US.
You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.
That's the basis for them to track your status in US.
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shree772000
08-13 10:53 AM
Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.
My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.
sanjose
07-18 01:12 AM
Hmm.. let us think through this(may seem crazy). Is there anything called "dual permanent residency" ? I don't think so. Yes, there is dual citizenship - but that has to follow permanent residency in those countries.The permanent residency of one of the countries has to be lost if you spend 183 days in the other country. Well, assuming that one would retain his GC after all this trial and tribulation, just surrender the Canadian PR and be a normal guy with a GC; no problem at all !! (Hope the canadian pr surrender doesn't take a decade, just like getting a GC).
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don840
04-08 02:30 PM
wandmaker,
need another clarification.
on DS 156, Q 38- "Have you ever violated the terms of a U.S. visa,----?", Do I answer yes or no. There is another question, about 'has your visa ever been revoked?"
An attorney that i consulted, said the answer is 'No' to both these questions. His explaination was, I might have violated terms of h1 status and my h1 status has been revoked. But I have not violated terms of visa, and my visa (thats stamped in the passport) has not been revoked.
Is his explaination correct?
need another clarification.
on DS 156, Q 38- "Have you ever violated the terms of a U.S. visa,----?", Do I answer yes or no. There is another question, about 'has your visa ever been revoked?"
An attorney that i consulted, said the answer is 'No' to both these questions. His explaination was, I might have violated terms of h1 status and my h1 status has been revoked. But I have not violated terms of visa, and my visa (thats stamped in the passport) has not been revoked.
Is his explaination correct?
more...
spicy_guy
03-31 06:18 PM
congrats! Enjoy your Freedom with Green :-)
A LONG way to go for us. Maybe a decade. For EB3
A LONG way to go for us. Maybe a decade. For EB3
REEF�
06-06 12:08 PM
So why do you have red is good? Was it creativity :P.
more...
nvishy
05-12 09:36 AM
You have no other option except to wait in Toronto. If the consulate decides to issue visa, then there is no need to go to stamping in India as they will issue the visa themselves.
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looivy
08-15 10:43 AM
Any idea how do they transfer application from VSC to NSC? Process or guidelines around it would be helpful.
My para-legal told me that since my I-140 has a EAC number, my I-485 was also sent to Vermont.
Please advise.
My para-legal told me that since my I-140 has a EAC number, my I-485 was also sent to Vermont.
Please advise.
more...
sobers
02-17 07:01 PM
You guys in the DC/MD/VA are are critical to the success of this effort!
Ya all have shown great initiative and leadership -Keep it up!
Ya all have shown great initiative and leadership -Keep it up!
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redcard
08-23 11:29 AM
I have a approved I-140 (Jan 2005). My PD is March 2004 and I have already filed I-485 (filed simultaneously with 140). Now I am waiting for the PD to become current for 485 approval. My 6 years on H1 will expire in March 2007. I checked with my GC lawyer and he said that since I have a approved 140 I can apply for a 3 year extension on H1 six months before the H1 expiry. I have to travel to India in Feb-March 2007 and so my questions are:
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?
Thanks in advance.
I am not sure if you need an extension ..since you have already applied for 485..you should have a EAD which is authorization to work and you must have applied for AP which is required for travel..and you dont need a stamp to enter back in case you have an Advance Parole..
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?
Thanks in advance.
I am not sure if you need an extension ..since you have already applied for 485..you should have a EAD which is authorization to work and you must have applied for AP which is required for travel..and you dont need a stamp to enter back in case you have an Advance Parole..
more...
pappu
05-22 04:57 PM
Lets focus on action items.
Thanks
Thanks
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Hinglish
01-08 12:44 AM
Thank you qasleuth ..... ..... ..... ..... frack you
Just read your post and you will see the same dastardly mistakes that I supposedly made.
Can you phrase a single complete sentence without '.....' ?
Dastardly means cowardly. What does "dastardly atrocious english" mean in the context of Neha's post ?
Sentences start with capital letters, need to have commas, and there should be proper usage of articles. I can point out atrocious mistakes in every sentence of your post.
Apart from your atrocious English, your profile is incorrect, your presumptions/tone is even more atrocious (addressing the poster as 'Miss', using words like 'hell'). Best of luck.
Just read your post and you will see the same dastardly mistakes that I supposedly made.
Can you phrase a single complete sentence without '.....' ?
Dastardly means cowardly. What does "dastardly atrocious english" mean in the context of Neha's post ?
Sentences start with capital letters, need to have commas, and there should be proper usage of articles. I can point out atrocious mistakes in every sentence of your post.
Apart from your atrocious English, your profile is incorrect, your presumptions/tone is even more atrocious (addressing the poster as 'Miss', using words like 'hell'). Best of luck.
more...
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english_august
07-07 04:10 PM
Great news: IV core is supporting the flower campaign - see this thread (http://immigrationvoice.org/forum/showthread.php?t=6191). :)
We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.
Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
People who said that they will send the flowers only if IV core supports it - please send flowers asap.
BTW, I am curious as to who first proposed this idea.
We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.
Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
People who said that they will send the flowers only if IV core supports it - please send flowers asap.
BTW, I am curious as to who first proposed this idea.
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sriramkalyan
09-14 03:57 PM
Hey Guys/ Gals
Senator CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activiites of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table
Highlights:
a) Recapture of Unused Employment-Based Immigrant Visas
b)Worldwide Level of Employment-Based Immigrants.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
``(1) 290,000; and
c) Retaining Immigrants Who Have Been Educated in the United States
Senator CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activiites of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table
Highlights:
a) Recapture of Unused Employment-Based Immigrant Visas
b)Worldwide Level of Employment-Based Immigrants.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
``(1) 290,000; and
c) Retaining Immigrants Who Have Been Educated in the United States
more...
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solaris27
03-13 09:59 AM
Congratulations
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supers789
07-23 03:01 PM
got following from another iv thread..
btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.
Thanks!
-------------------
<i>July 21, 2008
Fragomen and DOL Agree to Return to Normal Processing
For Newly Filed PERM Cases
EXECUTIVE SUMMARY
The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.
After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.
While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.
Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."
If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.
Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>
btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.
Thanks!
-------------------
<i>July 21, 2008
Fragomen and DOL Agree to Return to Normal Processing
For Newly Filed PERM Cases
EXECUTIVE SUMMARY
The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.
After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.
While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.
Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."
If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.
Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>
more...
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gc_in_30_yrs
11-21 06:59 PM
In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.
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Imm_Exploited
07-30 11:00 AM
I am not an expert on this situation, but here is my $0.02 since most of us should have been once on F1 and then moved on to H1 and then to GC:
1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.
2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).
3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?
IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.
Sincerely - IE
1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.
2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).
3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?
IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.
Sincerely - IE
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eastindia
02-01 01:15 PM
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crystal
10-12 08:35 PM
Is it posted erlier? They updated with some more info today
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
LOL123
02-13 03:41 PM
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
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