mangelschots
07-16 01:33 AM
Is yours EB2?
EB3 ROW
PD March 2004
I-140 filed Dec 2006
I-485 filed June 25 07
Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
Will have to wait another 2 weeks to know the facts.
What happens on these dates (Jul 18 for Nebraska) ?
EB3 ROW
PD March 2004
I-140 filed Dec 2006
I-485 filed June 25 07
Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
Will have to wait another 2 weeks to know the facts.
What happens on these dates (Jul 18 for Nebraska) ?
wallpaper MOZILLA FIREFOX ICON PNG
maddipati1
01-08 02:23 PM
i dont think u ever need to change the lastname.
may i know when do u think the lastname need to be changed?
may i know when do u think the lastname need to be changed?
xu1
04-10 11:06 AM
I will send an email after work with details.. Can't use webbased mail right now at work.
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lecter
February 27th, 2004, 07:49 AM
oops, I meant a week right??
Oh well....
if people get sick of my comments and critiques ... please let me know....
I will base everything on my lack of knowledge and ability and then we can all learn and grow together......
Plus I'll take some photos for scrutiny by my peers here....
what a bloke..
..............................................rob
Oh well....
if people get sick of my comments and critiques ... please let me know....
I will base everything on my lack of knowledge and ability and then we can all learn and grow together......
Plus I'll take some photos for scrutiny by my peers here....
what a bloke..
..............................................rob
more...
ameerka_dream
05-06 03:52 PM
Guys,
I need your suggestion. My birth was not registered within one year of my date of birth but it was registered recently and I got my Birth certificate with me. I'm just preparing documents for filing for 485 in near future. Some body has just mentioned to me that USCIS would send an RFE if I submit that Birth Certificate with 485 filing. Could anybody have an idea about documents that I would need to get and to submit with my birth certificate as per my per later registered birth certificate ?
I would appreciate if anybody can point me with links if somebody already gone through this.
Thanks.
I need your suggestion. My birth was not registered within one year of my date of birth but it was registered recently and I got my Birth certificate with me. I'm just preparing documents for filing for 485 in near future. Some body has just mentioned to me that USCIS would send an RFE if I submit that Birth Certificate with 485 filing. Could anybody have an idea about documents that I would need to get and to submit with my birth certificate as per my per later registered birth certificate ?
I would appreciate if anybody can point me with links if somebody already gone through this.
Thanks.
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.
more...
Googler
08-26 10:44 AM
Asking for the WOM to be dismissed on the grounds that it is discretionary is a standard tactic -- both for citizenship and I-485. The courts aren't buying it. Depending on your district and the particular judge, your chances of getting the motion to dismiss thrown out are very good.
Yingli there is no shortage of excellent advice and templates on this thread on Immigration Portal.
http://boards.immigrationportal.com/showthread.php?t=194681&page=811
For an overview see:
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
http://en.wikibooks.org/wiki/FBI_name_check
Good luck!
Yingli there is no shortage of excellent advice and templates on this thread on Immigration Portal.
http://boards.immigrationportal.com/showthread.php?t=194681&page=811
For an overview see:
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
http://en.wikibooks.org/wiki/FBI_name_check
Good luck!
2010 Firefox icon to the dock:
meridiani.planum
11-04 02:41 AM
inline...
I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.
1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
yes. Since your job profile seems to meet EB2 requirements and you qualify, you can file under EB2. She will be a dependent in this case, her qualifications dont really matter, the petition is based on your job and qualifications.
2.)Would she need to be physically here in USA for filing i 485.
for filing an adjustment of status, which is what you typically want, yes.
3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
no. a GC through marriage is conditional, yours is through employment, so its not.
4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
always possible, its the law, its not upto the discretion of the USCIS
5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
no. Yours is an EB(employment based) case, you are confusing this with getting a GC through marriage to a US citizen. In that scenario people face a rigorous and indeed sometimes humiliating experience simply because USCIS does not know whether you are marrying only for the GC. (Mail-order bride - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Mail-order_bride))
6.)Does she also have to do MS to use cross chargeability and file in EB-2
Nope, her qualifications dont matter. Think if this as a team effort: your qualifications take care of the EB2 part of things and her country of birth defines the priority date
I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.
1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
yes. Since your job profile seems to meet EB2 requirements and you qualify, you can file under EB2. She will be a dependent in this case, her qualifications dont really matter, the petition is based on your job and qualifications.
2.)Would she need to be physically here in USA for filing i 485.
for filing an adjustment of status, which is what you typically want, yes.
3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
no. a GC through marriage is conditional, yours is through employment, so its not.
4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
always possible, its the law, its not upto the discretion of the USCIS
5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
no. Yours is an EB(employment based) case, you are confusing this with getting a GC through marriage to a US citizen. In that scenario people face a rigorous and indeed sometimes humiliating experience simply because USCIS does not know whether you are marrying only for the GC. (Mail-order bride - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Mail-order_bride))
6.)Does she also have to do MS to use cross chargeability and file in EB-2
Nope, her qualifications dont matter. Think if this as a team effort: your qualifications take care of the EB2 part of things and her country of birth defines the priority date
more...
mk26
02-24 08:18 AM
I am also looking for answer on this..Anyone please??
hair Personal review of Firefox 1.0
ca_immigrant
08-05 02:10 PM
Thanks for your hard work, hope more and more people come here to sharing their valuable business experience. Let improve business skills together. Thanks your suggestion. Just for my need. I've been listening to this album a bunch recently. Really great. I'll assume this is directed to me since it's right under my post. stainless steel pipe (http://www.steelpipes-china.com/)
what is with the pipe dude ? looks like a spammer....
what is with the pipe dude ? looks like a spammer....
more...
mambarg
07-26 12:17 PM
I dont think this ammendment will delay 485 as by the time they take a look at what ammendment is sent, your 485 might be approved :)
:)
:)
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waitingimmigrant
10-22 05:19 PM
Thanks for the encouraging words Admin. We must unite in this journey together.
God bless everyone !
God bless everyone !
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house The Firefox head is also a bit
old_hat
04-18 04:47 PM
Any details that can be helpful for others?
tattoo Firefox Taskbar 2 Icon by
rvenkat1976
04-13 12:18 AM
Thanks for all your answers.
Now that I have consulted another lawyer for a second opinion. According to him he says I am legally IN STATUS.
He asked me to send an email to the attorney asking for the whole case detail from the begining, mentioning that I would otherwise report this to the bar association.
Now did anyone have any specific format in which this email has to be written any help in this matter will be appriciated.
Thanks
Now that I have consulted another lawyer for a second opinion. According to him he says I am legally IN STATUS.
He asked me to send an email to the attorney asking for the whole case detail from the begining, mentioning that I would otherwise report this to the bar association.
Now did anyone have any specific format in which this email has to be written any help in this matter will be appriciated.
Thanks
more...
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mallu
01-24 01:35 PM
Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you..
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Dhundhun
10-23 05:53 PM
I think, for an employment-based case, there is effectively a 180-day grace period because of 245[k]. Please explore this, which may be helpful for gaps like I485 refusal and MTR.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
more...
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laksmi
12-06 11:09 AM
I went to red cross once to donate blood once but they refused to take since i am an immigrant who have not completed 5 years in USA so they may not take us.
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the_jaguar
10-19 09:16 PM
Hi Rajenk:
I have gone through the link that you have posted here. Thank you so much. It is very informative.
The only question i have is, my employer though a bank, is not willing to give me a copy of my I140 WHATSOEVER. I tried numerous times and they only say that the attorney (FRAGOMEN) has advised not to give the copy of I140 to the beneficiary. With the banks you know..they may be around or shut any time.
Can you please advise, COPY OF I140 IS REQUIRED, for porting the priority date to new employer?
Thanks
You can file a FOIA request to get a copy of your approved I-140. There are other folks in this forum who have done that successfully.
I have gone through the link that you have posted here. Thank you so much. It is very informative.
The only question i have is, my employer though a bank, is not willing to give me a copy of my I140 WHATSOEVER. I tried numerous times and they only say that the attorney (FRAGOMEN) has advised not to give the copy of I140 to the beneficiary. With the banks you know..they may be around or shut any time.
Can you please advise, COPY OF I140 IS REQUIRED, for porting the priority date to new employer?
Thanks
You can file a FOIA request to get a copy of your approved I-140. There are other folks in this forum who have done that successfully.
hairstyles tired of the Firefox icon,
iam_amit
04-22 06:31 PM
Members,
I have to file my H1b ext by sept 2009.
my i140 is awaiting approval.
what are chances of getting extension for next 3 years.
I am working with American Consulating firm and working with same client from day 1 of my US presence. Will continue with same client after ext.
does, I-140 Approval confirms H1b extension, then I can wait till Aug to file under premium process.
looks like by June, I should have mu I140 case decision.
kindly suggest.
-
I have to file my H1b ext by sept 2009.
my i140 is awaiting approval.
what are chances of getting extension for next 3 years.
I am working with American Consulating firm and working with same client from day 1 of my US presence. Will continue with same client after ext.
does, I-140 Approval confirms H1b extension, then I can wait till Aug to file under premium process.
looks like by June, I should have mu I140 case decision.
kindly suggest.
-
chi_shark
04-28 11:29 AM
"approvable" is the right term.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
JazzByTheBay
11-20 07:52 PM
For the record, that did seem to help and can be credited (at least partially) for the reversal of USCIS' stated position during the July '02 visa bulletin fiasco. It also brought IV and our issues a fair amount of publicity.
It's easy to be an armchair critic... at least IV as an organization does something. :)
Regardless, if you have any creative suggestions, feel free to post.
jazz
It will also slow down the overall processing, increase revenues for USCIS with tons of EAD/AP renewal fees. Its also a bonanza for lawyers. What a lovely system! To think that people still believe stupidities like marching in DC or sending flowers to USCIS will fix the system!
It's easy to be an armchair critic... at least IV as an organization does something. :)
Regardless, if you have any creative suggestions, feel free to post.
jazz
It will also slow down the overall processing, increase revenues for USCIS with tons of EAD/AP renewal fees. Its also a bonanza for lawyers. What a lovely system! To think that people still believe stupidities like marching in DC or sending flowers to USCIS will fix the system!
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