magician7989
09-05 05:00 PM
Anybody going to the DC Rally. We really need to lobby for change in the immigrations system. Immigrants inject a lot of wealth of capital and wealth in the US.
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bunan
01-07 02:47 PM
The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.
Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.
Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.
swartzphotography
March 4th, 2007, 08:56 PM
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factoryman
06-18 05:54 PM
Remember, everthing copy. Nothing Original. don't send your original I-94, but a copy.
Hi, Guys,
My attorney just emailed me a list of items he needs from me for filing 485. The list is surprisingly short. Is this package really sufficient?
******requested for 485 filing*************
For your wife:
1. Marriage certificate, w/English translation
2. Birth certificate w/ English translation
3. Biographical information page, and date of issuance/expiration page, from current passport
4. Copy of her current visa
5. Copies of other US visas you have had
6. Current I-94 card
7. Passport entry stamp from last entry into the United States
8. Six (6) passport photos
For you:
1. Birth certificate, w/ English translation
2. Six (6) passport photos
3. Last two (2) paycheck stubs
**********************************************
*medical exam forms also asked separately.
My condition: filing with current employer. I-140 was recently approved.
Thanks alot.
:cool:
Hi, Guys,
My attorney just emailed me a list of items he needs from me for filing 485. The list is surprisingly short. Is this package really sufficient?
******requested for 485 filing*************
For your wife:
1. Marriage certificate, w/English translation
2. Birth certificate w/ English translation
3. Biographical information page, and date of issuance/expiration page, from current passport
4. Copy of her current visa
5. Copies of other US visas you have had
6. Current I-94 card
7. Passport entry stamp from last entry into the United States
8. Six (6) passport photos
For you:
1. Birth certificate, w/ English translation
2. Six (6) passport photos
3. Last two (2) paycheck stubs
**********************************************
*medical exam forms also asked separately.
My condition: filing with current employer. I-140 was recently approved.
Thanks alot.
:cool:
more...
abhijitp
07-25 08:44 PM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
I dont know how true this is, experts please opine.
http://www.google.com/answers/threadview?id=559556
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
I dont know how true this is, experts please opine.
http://www.google.com/answers/threadview?id=559556
txh1b
04-15 06:31 PM
My friend had a similar RFE and he got a month to answer. Luckily he found his I-20 copy.
Couple of things you can try.
1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.
2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.
Couple of things you can try.
1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.
2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.
more...
aat0995
01-15 10:03 AM
Hi!
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
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nepaliboy
05-21 10:08 PM
hi thanks your input.
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
LUD = LastSoft LUD = status did not change due to updat
Hard LUD = status changed, if registered, email will be sent.
Registration process:
1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
2. Add cases to your portfolio, in list display it will have the following columns
....Receipt Number
....E-mail
....Last Updated (by USCIS)
....Form #
....Title
The Last Updated above is LUD.
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
LUD = LastSoft LUD = status did not change due to updat
Hard LUD = status changed, if registered, email will be sent.
Registration process:
1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
2. Add cases to your portfolio, in list display it will have the following columns
....Receipt Number
....Last Updated (by USCIS)
....Form #
....Title
The Last Updated above is LUD.
more...
ramaonline
06-22 02:27 AM
according to the current regulations
h1b is a dual intent visa - u can continue to hold h1 status even if 485 has been filed and pending
u can also file for ead and keep both h1b and EAD statuses at the same time. working on ead will not make h1 invalid.
pl confirm with ur company attny
h1b is a dual intent visa - u can continue to hold h1 status even if 485 has been filed and pending
u can also file for ead and keep both h1b and EAD statuses at the same time. working on ead will not make h1 invalid.
pl confirm with ur company attny
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radhay
08-21 04:33 PM
Hi, I am in the exact same situation. USCIS approved my H1B but didn't issue I-94. Along with the H1B approval letter there was explanation why they can't issue me 'H1B status' and also suggesting me to leave country and apply for H1B visa at the consulate using the approved petition.
I didn't leave the country as my lawyer suggested this is a matter of grey area and every thing rests on Immigration's officer's interpretation and judgement. Didn't want to take chance.
The solution? we filed 'nunc-pro-tunk' petition with the proof that it was a honest mistake on part of employer and I shouldn't be penalized for that. Now I am waiting for the USCIS decision.
I have an EAD and pending 485 so I am continuing to work. In your situation if you have 485 pending/EAD you shoud be OK.
I didn't leave the country as my lawyer suggested this is a matter of grey area and every thing rests on Immigration's officer's interpretation and judgement. Didn't want to take chance.
The solution? we filed 'nunc-pro-tunk' petition with the proof that it was a honest mistake on part of employer and I shouldn't be penalized for that. Now I am waiting for the USCIS decision.
I have an EAD and pending 485 so I am continuing to work. In your situation if you have 485 pending/EAD you shoud be OK.
more...
tcsonly
09-19 04:53 AM
ras,
There is no need to react. If you attended the rally, you can politely answer about your participation.
Update you signature that you attended the rally, and if you met any lawmaker offices.
-C.
There is no need to react. If you attended the rally, you can politely answer about your participation.
Update you signature that you attended the rally, and if you met any lawmaker offices.
-C.
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eager_immi
07-16 02:39 PM
yup they came first in the nascar race last year
Hello,
Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!
Hello,
Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!
more...
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asiehouston
12-13 02:00 PM
Hey Guys, count me in too
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sk.aggarwal
08-04 01:38 PM
Can some one help me out what i have to do in my specific case.
I applied for AINP on Feb-2009.That time my martial status is single.I got married on April-2009.I got my file number last week.If i want to include my spouse on my AINP process what i have to do?Did anyone faced this kind of situation?
Please help me.
I applied in April and we had a baby after that. I called on the number on the form and they said once I get the file number, I need to again fill out the forms which need dependent information and send them over with additional documentation. You may just want to call them and re verify. I found the CSR very helpful and polite.
I applied for AINP on Feb-2009.That time my martial status is single.I got married on April-2009.I got my file number last week.If i want to include my spouse on my AINP process what i have to do?Did anyone faced this kind of situation?
Please help me.
I applied in April and we had a baby after that. I called on the number on the form and they said once I get the file number, I need to again fill out the forms which need dependent information and send them over with additional documentation. You may just want to call them and re verify. I found the CSR very helpful and polite.
more...
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bikram_das_in
04-20 10:54 AM
One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.
BTW in politics right or wrong is rarely a consideration.
I donot encourage IV'ans to participate in this march.
It means Join hands with Illegals for noreason.
No matter "how" loud / "what" you scream in this march it will be heard as "give amnesty".
BTW in politics right or wrong is rarely a consideration.
I donot encourage IV'ans to participate in this march.
It means Join hands with Illegals for noreason.
No matter "how" loud / "what" you scream in this march it will be heard as "give amnesty".
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skv
07-05 03:57 PM
It's unfortunate, but that's the reality. History says that "British took advantage of divide and rule concept in India during their rule." If the empherors/kings/people were united, that wouldn't have possible for the British.
I know their are few people really good, but the numbers aren't good enough. Hope and wish the coming generation wil, change the history. :-)
Sorry for the typo, I was typing really fast. I meant "I know there are"
I know their are few people really good, but the numbers aren't good enough. Hope and wish the coming generation wil, change the history. :-)
Sorry for the typo, I was typing really fast. I meant "I know there are"
more...
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eb3retro
09-12 10:40 PM
same situation...
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?
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shishya
04-30 12:59 PM
Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
Thanks for your reply. But we are trying to avoid any RFEs whatsoever. And per our lawyers the manual does require a first class magistrate swearing :(
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
Thanks for your reply. But we are trying to avoid any RFEs whatsoever. And per our lawyers the manual does require a first class magistrate swearing :(
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snathan
08-20 03:33 PM
Hi ,
I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .
My visa is cancelled and I was told to go back to consulate and get a new visa .
I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .
thanks in advance.
RD
Since you are deported and the ticker was paid by the US Govt, you are most likely banned to enter the country for 5 years. Even if you are going to the consulate, you wont get the visa. As you admitted guilty, I dont think you can fix this.
I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .
My visa is cancelled and I was told to go back to consulate and get a new visa .
I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .
thanks in advance.
RD
Since you are deported and the ticker was paid by the US Govt, you are most likely banned to enter the country for 5 years. Even if you are going to the consulate, you wont get the visa. As you admitted guilty, I dont think you can fix this.
rajnag21
07-17 07:23 PM
as I understand the process, I fyou apply and get the green card approval before marriage, you cannot bring your wife over here as it will become family based immigration.
The ideal thing is to do it while still on h1 and then do the 485 application.
Since you are from rest of the world ? the rules and dates will be different for you. not sure how though ? sorry !
I look to more senior members here for better direction than the advice that I have regurgitated for you.
The ideal thing is to do it while still on h1 and then do the 485 application.
Since you are from rest of the world ? the rules and dates will be different for you. not sure how though ? sorry !
I look to more senior members here for better direction than the advice that I have regurgitated for you.
suny_saini
08-05 11:46 PM
My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
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