eb3retro
08-30 12:38 PM
My PD is 2002 Aug
hi redhat..
welcome to IV. looks like you joined IV recently. I hope you will get answers for your questions here and will come out of this RFE mess. Please do consider abt giving IV (and yourself) a hand in the Washington Rally. All the best.
hi redhat..
welcome to IV. looks like you joined IV recently. I hope you will get answers for your questions here and will come out of this RFE mess. Please do consider abt giving IV (and yourself) a hand in the Washington Rally. All the best.
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smuggymba
09-16 07:45 PM
Here is the scenario.
If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.
If the company B can file for an AC21 at the earliest, that is the best option you have with you.
Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.
So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.
You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.
I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.
It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.
Do not take chances. Do it in the legal way as much as possible.
Good Luck to all of you
Imagine if everyone uses bold font:mad:
If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.
If the company B can file for an AC21 at the earliest, that is the best option you have with you.
Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.
So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.
You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.
I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.
It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.
Do not take chances. Do it in the legal way as much as possible.
Good Luck to all of you
Imagine if everyone uses bold font:mad:
redgreen
09-25 04:52 PM
There are diversity lottery, asylum, etc, options also for gc.
However, the main points of getting us citizenship is described clearly in it.
However, the main points of getting us citizenship is described clearly in it.
2011 Jennifer Lopez
aamchimumbai
07-23 09:43 AM
my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.
Thanks again to all your responses.
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.
Thanks again to all your responses.
more...
hoolahoous
09-15 07:02 PM
you can go to a nice restaurant with friends AND donate some money to Sankara Eye foundation (they do eye operations for poor in India and send you the name and contact info of the person who benefited from your donation)..
that's what I did when I got greened.. :)
that's what I did when I got greened.. :)
mhkumar
03-25 02:23 PM
Everyone please create your own account at http://www.whitehouse.gov/OpenForQuestions/ (search with keyword immigration), and vote for all the questions favoring legal immigration so that those question will get more attention.
more...
creativeFuzion
01-01 05:02 PM
What about the gradient in the background of your sample entry?
I was wondering the same thing.
I was wondering the same thing.
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dealsnet
02-26 10:31 AM
Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
If it was the case every one will make it that way.
Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
She need to consult a reputed immigration lawyer first before the marriage.
Out of status more than 6 months will trigger a ban from 3 to 10 years.
CONSULT A LAWYER.
If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
Nobody can file AOS, if they are out of status.
If it was the case every one will make it that way.
Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
She need to consult a reputed immigration lawyer first before the marriage.
Out of status more than 6 months will trigger a ban from 3 to 10 years.
CONSULT A LAWYER.
If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
more...
serg
10-31 11:21 AM
...If USCIS takes more than 3 months to renew your EAD, you could visit the nearest USCIS field office and request for an interim EAD after you have accrued 90 days of filing EAD renewal....
Didn't they stopped issuing interim EADs half an year ago?
Didn't they stopped issuing interim EADs half an year ago?
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StuckInTheMuck
11-13 07:29 AM
Same here. Ignored medical in the July 2 filing rush, got receipt, EAD and AP all in time, waiting for FP notice.
more...
casinoroyale
01-24 04:36 PM
I don't think you need to withdraw your H1B visa application.
lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!
lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!
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asanghi
07-17 05:47 PM
I started another thread with heading "Thank You IV" for reminding members to contribute. It seems this thread is already doing the same.
Moderater Please merge these threads.
Moderater Please merge these threads.
more...
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Ingerried
04-14 04:12 PM
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abhijitp
08-30 05:17 PM
And thanks for your continued support. I wish every IV member thinks like you!
People, please please please attend the DC rally! If you just cannot, please sponsor someone to attend the rally:
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
People, please please please attend the DC rally! If you just cannot, please sponsor someone to attend the rally:
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
more...
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crystal
08-02 01:06 PM
if you want to get something from India. I think DHL is ok so far for me. But make sure that you are shipping it from the DHL main center .Never ever do it from normal (shop)braches as they would take their own sweet time to deliver them to main center.
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
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chanduv23
06-17 02:47 PM
Do u have to inform USCIS everytime u change job or just first time would be sufficient?
Thank you.
What my Attorney (Prashanti Reddy - who does free sessions on IV) said
Please note that even after sending this out, you might get an intent to deny or denial notice on your I-485 as soon as your employer revokes the I-140. In which case we must respond within 30 days with the same documentation. This happens because the docs often dont find their way to your file as they have not been requested for by the USCIS. Also the intent to revoke might be sent to your old attorney, you should get a copy of the same also. However, i advice you keep in touch with the USCIS by checking status of your case online and keep in touch with the other attorney also, so that we dont miss the deadline to respond in case you do get an RFE or intent to deny or denial on your I-485.
Thank you.
What my Attorney (Prashanti Reddy - who does free sessions on IV) said
Please note that even after sending this out, you might get an intent to deny or denial notice on your I-485 as soon as your employer revokes the I-140. In which case we must respond within 30 days with the same documentation. This happens because the docs often dont find their way to your file as they have not been requested for by the USCIS. Also the intent to revoke might be sent to your old attorney, you should get a copy of the same also. However, i advice you keep in touch with the USCIS by checking status of your case online and keep in touch with the other attorney also, so that we dont miss the deadline to respond in case you do get an RFE or intent to deny or denial on your I-485.
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Michael chertoff
12-17 10:13 AM
What is the reason, Did u use AC21
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mmandal
08-02 12:29 PM
Guys
I want to alert you to a bad experience with UPS over an international shipment and suggest you ship Fedex or DHL especially if shipping time-sensitive immigration docs. If you have any further questions pls PM me.
I mailed a 'guaranteed delivery' package containing immigration docs to Mumbai from Tucson, AZ. I wanted this package to reach at a particular date because of a time-sensitive processing required on part of my family in India. It was mailed through a UPS store in Tucson.
The problems:
1. The package was delayed by 2 business days, screwing me and my family - cancelled airplane tickets, missed appointments, cascading delay for further processing.
2. I am having trouble getting a refund even though I am eligible for it. The UPS store refuses to issue a refund saying that "there is no guaranteed international shipment' ever. This is after the fact that UPS shipping confirms that I am eligible for a refund, but it has to be processed through the store. So, basically, I am caught between the UPS store and UPS shipping.
Lesson learned:
1. Dont ship UPS
2. Even if you ship UPS, dont ship it through a UPS Store
Based on my discussions in the recent couple of days, Fedex may be a better option. In fact I FEDEX'ed duplicate copies of the paperwork 3 business days later and they were delivered on the same day as the UPS package!!! Never tried DHL so cant say anything.
I want to alert you to a bad experience with UPS over an international shipment and suggest you ship Fedex or DHL especially if shipping time-sensitive immigration docs. If you have any further questions pls PM me.
I mailed a 'guaranteed delivery' package containing immigration docs to Mumbai from Tucson, AZ. I wanted this package to reach at a particular date because of a time-sensitive processing required on part of my family in India. It was mailed through a UPS store in Tucson.
The problems:
1. The package was delayed by 2 business days, screwing me and my family - cancelled airplane tickets, missed appointments, cascading delay for further processing.
2. I am having trouble getting a refund even though I am eligible for it. The UPS store refuses to issue a refund saying that "there is no guaranteed international shipment' ever. This is after the fact that UPS shipping confirms that I am eligible for a refund, but it has to be processed through the store. So, basically, I am caught between the UPS store and UPS shipping.
Lesson learned:
1. Dont ship UPS
2. Even if you ship UPS, dont ship it through a UPS Store
Based on my discussions in the recent couple of days, Fedex may be a better option. In fact I FEDEX'ed duplicate copies of the paperwork 3 business days later and they were delivered on the same day as the UPS package!!! Never tried DHL so cant say anything.
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akhilmahajan
04-23 09:43 AM
I dont think there is any such practise...........
i think the lawyer or your company who filed it, will get all the communication from USCIS...........
so just keep on trying.............
i am not a pro at it, but will like to say, never give up trying.........
i think the lawyer or your company who filed it, will get all the communication from USCIS...........
so just keep on trying.............
i am not a pro at it, but will like to say, never give up trying.........
surabhi
10-22 01:29 PM
I filed second set on August 16 as a insurance policy . ANd sure enough, I didnt actually got the checks cashed until October 13th. I am glad I didnt spend sleepless nights specially after 90 day window.
The second set got cashed on October 15th.
Now I have 2 sets of receipt notices.
I have indicated in the cover letter when I filed the second I-485 mentioning that this is a second appliication. I indicated in the actual application as well.
As per the USCIS' SOP manual, they have to check if there is a duplicate filing and in case they find one, they will attach to the first application.
According to USCIS updates, they are doing minimal data entry to ensure faster receipting and hence it is possible that they didnt validate if there was an existing filiing.
This is different from "second I-485' which you will do if you and spouse claim each other as dependents. In this case, the application will go to review by a IO.
I didnt do stop check becuase I didnt want another set of issues and treat the second application as insurance fees . What else I could do.
Plan of Action:
I will write another letter with both receipt notices asking to merge the application. In the meanwhile, if I will attend both FP if I get them.
I will ask for refund on that application. If they dont, I understand that.
but I think overall application will not get affected since such scenario is part of USCIS Standard Operating Procedures.
The second set got cashed on October 15th.
Now I have 2 sets of receipt notices.
I have indicated in the cover letter when I filed the second I-485 mentioning that this is a second appliication. I indicated in the actual application as well.
As per the USCIS' SOP manual, they have to check if there is a duplicate filing and in case they find one, they will attach to the first application.
According to USCIS updates, they are doing minimal data entry to ensure faster receipting and hence it is possible that they didnt validate if there was an existing filiing.
This is different from "second I-485' which you will do if you and spouse claim each other as dependents. In this case, the application will go to review by a IO.
I didnt do stop check becuase I didnt want another set of issues and treat the second application as insurance fees . What else I could do.
Plan of Action:
I will write another letter with both receipt notices asking to merge the application. In the meanwhile, if I will attend both FP if I get them.
I will ask for refund on that application. If they dont, I understand that.
but I think overall application will not get affected since such scenario is part of USCIS Standard Operating Procedures.
transpass
08-01 12:42 PM
I am pleasantly surprised and would like to thank Sen Menendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.
This is just my thinking...
Sen Menendez vigorously supports family based immigration...I watched the failed comprehensive immigration debate on senate floor almost in its entirety. There, he was like a lone warrior arguing against the senators (Like Sessions) who said CIR bill encourages chain migration, etc...He was totally supporting visas that enable family reunions.
hr 5882 supports recapture of lost family based visas along with those of employment based. So no surprise Sen Menendez introduced the senate version of the house bill...And that's good for us...and we will take it...
This is just my thinking...
Sen Menendez vigorously supports family based immigration...I watched the failed comprehensive immigration debate on senate floor almost in its entirety. There, he was like a lone warrior arguing against the senators (Like Sessions) who said CIR bill encourages chain migration, etc...He was totally supporting visas that enable family reunions.
hr 5882 supports recapture of lost family based visas along with those of employment based. So no surprise Sen Menendez introduced the senate version of the house bill...And that's good for us...and we will take it...
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