dasrik
07-14 11:54 AM
Hi,
Our attorney prepared and filed our (mine and my wife's) 485, EAD and AP in July 2007.
We received our EAD and AP in 2007 and they are about to expire.
We are currently planning to renew our EAD and AP and wanted to apply on our own this time.
In that context, we requested for a copy of our application forms from the attorney.
We never got to verify the filled application forms until now (the attorney sent us only the pages to be signed at the time of filing)
To our surprise, we figured out the following mistakes in the application forms:
1) My I-94# in 485 and EAD application forms was wrongly mentioned. But I had my A# correct and it matches with the one on my EAD.
2) My wife's date of last entry in US was wrongly mentioned in 485 and EAD.
3) My mother's name was misspelled (a letter was missing from her first name)
I am not sure how bad the above mistakes are.
Here are my concerns now:
1) Are I-94# and last entry date used during namecheck or any other phase during the overall process? We didnot travel outside US since we applied 485. What if we travelled (the I-94 and last entry dates would have anyways changed).
Do we need to update these details explicitly after every travel? How important is it to get these details corrected in our applications?
2) If we apply for renewal of EAD and AP with the correct details this time, is it going to be fine? Do we still need to get them fixed in our 485?
OR
Will it be a problem for renewal because the details are different from the original application?
3) What is the procedure to follow in this situation?
Any advice in this matter is greatly appreciated.
Thanks in advance!
EB3 December 2003 PD
Our attorney prepared and filed our (mine and my wife's) 485, EAD and AP in July 2007.
We received our EAD and AP in 2007 and they are about to expire.
We are currently planning to renew our EAD and AP and wanted to apply on our own this time.
In that context, we requested for a copy of our application forms from the attorney.
We never got to verify the filled application forms until now (the attorney sent us only the pages to be signed at the time of filing)
To our surprise, we figured out the following mistakes in the application forms:
1) My I-94# in 485 and EAD application forms was wrongly mentioned. But I had my A# correct and it matches with the one on my EAD.
2) My wife's date of last entry in US was wrongly mentioned in 485 and EAD.
3) My mother's name was misspelled (a letter was missing from her first name)
I am not sure how bad the above mistakes are.
Here are my concerns now:
1) Are I-94# and last entry date used during namecheck or any other phase during the overall process? We didnot travel outside US since we applied 485. What if we travelled (the I-94 and last entry dates would have anyways changed).
Do we need to update these details explicitly after every travel? How important is it to get these details corrected in our applications?
2) If we apply for renewal of EAD and AP with the correct details this time, is it going to be fine? Do we still need to get them fixed in our 485?
OR
Will it be a problem for renewal because the details are different from the original application?
3) What is the procedure to follow in this situation?
Any advice in this matter is greatly appreciated.
Thanks in advance!
EB3 December 2003 PD
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Blog Feeds
09-10 07:50 PM
Hunton Immigration and Nationality Law Blog Has Just Posted the Following:
On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure Puerto Rican birth certificates to US Citizens born in Puerto Rico. As of October 1, 2010, all certified copies of Puerto Rican birth certificates issued prior to July 1, 2010, will no longer be valid. Accordingly, the Citizenship and Immigration Services (USCIS) issued a press release providing guidance to US employers with regard to the I-9 process. For new employees, employers may continue to accept all Puerto Rican birth certificates through September 30, 2010; after that date, only the new Puerto Rican birth certificates (issued on or after July 1, 2010) we be acceptable for I-9 purposes. Therefore, as of October 1, 2010, employers must pay close attention to the issuance date of Puerto Rican birth certificates presented for I-9 purposes.
For existing employees, there is no need to re-verify the employment authorization of employees who previously presented pre-July 1, 2010, Puerto Rican birth certificates. Federal Contractors subject to the Federal Acquisition Regulation E-Verify clause may continue to accept all Puerto Rican birth certificates prior to October 1, 2010, but beginning on that date, only the new Puerto Rican birth certificates issued on or after July 1, 2010, will be acceptable. Federal Contractors may not ask for the newer version during I-9 reverification of those individuals who previously presented the older version of the Puerto Rican birth certificates.
The USCIS memo can be found here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=45e3285ca77fa210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/25g-Wwo_N40
More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/25g-Wwo_N40/)
On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure Puerto Rican birth certificates to US Citizens born in Puerto Rico. As of October 1, 2010, all certified copies of Puerto Rican birth certificates issued prior to July 1, 2010, will no longer be valid. Accordingly, the Citizenship and Immigration Services (USCIS) issued a press release providing guidance to US employers with regard to the I-9 process. For new employees, employers may continue to accept all Puerto Rican birth certificates through September 30, 2010; after that date, only the new Puerto Rican birth certificates (issued on or after July 1, 2010) we be acceptable for I-9 purposes. Therefore, as of October 1, 2010, employers must pay close attention to the issuance date of Puerto Rican birth certificates presented for I-9 purposes.
For existing employees, there is no need to re-verify the employment authorization of employees who previously presented pre-July 1, 2010, Puerto Rican birth certificates. Federal Contractors subject to the Federal Acquisition Regulation E-Verify clause may continue to accept all Puerto Rican birth certificates prior to October 1, 2010, but beginning on that date, only the new Puerto Rican birth certificates issued on or after July 1, 2010, will be acceptable. Federal Contractors may not ask for the newer version during I-9 reverification of those individuals who previously presented the older version of the Puerto Rican birth certificates.
The USCIS memo can be found here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=45e3285ca77fa210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/25g-Wwo_N40
More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/25g-Wwo_N40/)
gman
05-28 10:43 AM
yes, they are very good. PM if you have questions. My company has used them and I have had good experience with them.
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RandyK
11-08 11:51 AM
I am sure the IV Core is on it if there is a possibility....
more...
gcdreamer05
07-27 02:58 PM
I have exactly the same question.
If you look at VFS appointment scheduling if it is more than 1 year that your 797 was renewed and if you did not go for stamping they put you under different class of renewal.
You can check this by going to VFS appointment site and there they ask the question are you applying for the same class of visa that got expired 1 yr ago or something like that...
Can anyone shed some light on this. Since i am on the same boat like the person who asked this question.
If you look at VFS appointment scheduling if it is more than 1 year that your 797 was renewed and if you did not go for stamping they put you under different class of renewal.
You can check this by going to VFS appointment site and there they ask the question are you applying for the same class of visa that got expired 1 yr ago or something like that...
Can anyone shed some light on this. Since i am on the same boat like the person who asked this question.
priyasagiraju
04-07 03:19 PM
Iam on L2 and working on my EAD which is expiring on april 29 th 2011.
I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
we are trying to reappeal to USCIS but iam not sure if its going to work.
Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.
Thanks in advance
I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
we are trying to reappeal to USCIS but iam not sure if its going to work.
Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.
Thanks in advance
more...
Nineteen
08-26 06:19 PM
I would go with Method 2 since you are not taking up resources having all six of the contents in memory - even if their visibility is set to false.
:)
Wow a response from the man himself, Kirupa - Cheers dude :)
:)
Wow a response from the man himself, Kirupa - Cheers dude :)
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cloud 9
05-30 03:52 PM
Answers to some of your questions:
I am in the same situation. I have already sent my FOIA request about 3 weeks back. They have processed only 250 request in last one week. They have around 8600 requests. So it will take around 7 to 9 months to get the docs.
Since you will be asking only for I-140 and/or perm docs, there will be no cost.
You need to know SOC code/Job responsibilities/Salary for using AC-21.
Hopefully, some one who has more knowledge will reply to your other questions.
I am in the same situation. I have already sent my FOIA request about 3 weeks back. They have processed only 250 request in last one week. They have around 8600 requests. So it will take around 7 to 9 months to get the docs.
Since you will be asking only for I-140 and/or perm docs, there will be no cost.
You need to know SOC code/Job responsibilities/Salary for using AC-21.
Hopefully, some one who has more knowledge will reply to your other questions.
more...
Aah_GC
11-25 06:37 PM
I think it is not the company but the service provider's gateway address. This usually happens in Iselin, Edison - NJ areas where there is a huge concentration of immigrants. USCIS is probably tracking and blocking the IPs.
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priderock
06-20 03:53 PM
This is the height of foolishness.trying to get US Citizen a green card....:rolleyes:
Don't be so harsh Kumar. This whole process is so troublesome and some times illogical, you get all kinds of doubts, especially when you are working with a short time line. (S)He did not mention getting a green card for them but going through medicals.
Don't be so harsh Kumar. This whole process is so troublesome and some times illogical, you get all kinds of doubts, especially when you are working with a short time line. (S)He did not mention getting a green card for them but going through medicals.
more...
sw33t
12-08 06:52 PM
Folks:
I had a Biometrics/FP appointment today @ 8:00 AM at the San Antonio
Application Service Center. I showed up at 7:58 AM. At 8:00 AM, a
staff member opened the door and yelled out that people with 8:00 and
9:00 AM appointments should step forward and a lot of people in the
line raced to the front. I did not.
I got in at 8:03 AM and was handed an information sheet to be filled
out. 8:08 AM, I was done completing the data sheet. At 8:10 AM, I went
to get my token and the service rep looked at the Drivers License
photo and my photo and told me that I don't look like "sw33t".
Luckily, I had my passport with me and he inspected my fingers after
which he gave me a token and waved me through.
I didn't even have to sit and the FP service agent called out my token
number and I went straight in.
8:11 AM - This was the process -
a. Left hand - all four fingers
b. Left hand - thumb
c. Right hand - all four fingers
d. Right hand - thumb
e. Left hand - Each individual finger starting off with the thumb.
f. Right hand - Each individual finer starting off with the thumb.
He stamped my application with the QC stamp, asked me about the
service and filled out the service report card on his own and asked me
to drop it off at the box.
I came out and went straight to my car and checked the time on my cell
phone - 8:16 AM.
18 minutes - I think I set a new record.
HTH. I haven't checked to see if the LUD was updated.
PS: If you are from san antonio, please PM me.
I had a Biometrics/FP appointment today @ 8:00 AM at the San Antonio
Application Service Center. I showed up at 7:58 AM. At 8:00 AM, a
staff member opened the door and yelled out that people with 8:00 and
9:00 AM appointments should step forward and a lot of people in the
line raced to the front. I did not.
I got in at 8:03 AM and was handed an information sheet to be filled
out. 8:08 AM, I was done completing the data sheet. At 8:10 AM, I went
to get my token and the service rep looked at the Drivers License
photo and my photo and told me that I don't look like "sw33t".
Luckily, I had my passport with me and he inspected my fingers after
which he gave me a token and waved me through.
I didn't even have to sit and the FP service agent called out my token
number and I went straight in.
8:11 AM - This was the process -
a. Left hand - all four fingers
b. Left hand - thumb
c. Right hand - all four fingers
d. Right hand - thumb
e. Left hand - Each individual finger starting off with the thumb.
f. Right hand - Each individual finer starting off with the thumb.
He stamped my application with the QC stamp, asked me about the
service and filled out the service report card on his own and asked me
to drop it off at the box.
I came out and went straight to my car and checked the time on my cell
phone - 8:16 AM.
18 minutes - I think I set a new record.
HTH. I haven't checked to see if the LUD was updated.
PS: If you are from san antonio, please PM me.
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GC_Applicant
07-15 04:17 AM
Found this interesting information on the shusterman.com.
"The next day, Representative Tom Lantos (D-CA) introduced the "Health Improvement and Professionals Act of 2005" (H.R. 139). The bill proposes to "recapture" over 130,000 immigrant visas lost due to bureaucratic inertia during 2001, 2002, 2003 and 2004."
Complete article can be found in:
http://www.shusterman.com/feb05.html
Any updates or insights into the above article....
Contribution so far: $50.
"The next day, Representative Tom Lantos (D-CA) introduced the "Health Improvement and Professionals Act of 2005" (H.R. 139). The bill proposes to "recapture" over 130,000 immigrant visas lost due to bureaucratic inertia during 2001, 2002, 2003 and 2004."
Complete article can be found in:
http://www.shusterman.com/feb05.html
Any updates or insights into the above article....
Contribution so far: $50.
more...
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vnsriv
09-20 12:52 PM
Hi,
I filed my 485 on July 5, 2007 at NSC and got my receipt number yesterday. I sent my wifes 485/765/131 on July 24, 2007 to NSC. She is on H4 currently. TOday i got my wifes receipt numbers for all 3. But to my surprise the receipt numbers were given by TSC instead of NSC.
FYI my 140 is pending with NSC.
I am just wondering if this will be a problem? Any one had been through similar situation?
Thanks in Advance!!
You should be happy for this as I am still waiting for my wife's EAD from NSC
I filed my 485 on July 5, 2007 at NSC and got my receipt number yesterday. I sent my wifes 485/765/131 on July 24, 2007 to NSC. She is on H4 currently. TOday i got my wifes receipt numbers for all 3. But to my surprise the receipt numbers were given by TSC instead of NSC.
FYI my 140 is pending with NSC.
I am just wondering if this will be a problem? Any one had been through similar situation?
Thanks in Advance!!
You should be happy for this as I am still waiting for my wife's EAD from NSC
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happynappin
04-24 10:12 PM
Hi, i'm gonna explain my situation.
I came to the states on december with a J-1 Visa for the purpose of work and travel program, i've got a ds-2019, my I-94 is with D/S, and i got a SSN card with the "only valid for work with dhs authorization", also i dont have the 2 year residence requirement on the J-1 visa so i don't need to get a waiver for appliying to AOS. I was working in colorado for 3 1/2 months and my visa expired on march 30. I was supposed to go back to my country (peru) but then i went to texas to see my girlfriend that i haven't seen in a year, and we decided to get married, which we just did a week ago. She's a permanent resident, living her for like 5 years or so, but not a citizen.
The thing is that neither of us have so much money to fill the papers (she just got a new job after a couple months unemployed :( ), she's still living with her parents, and i dont have a job anymore cause my visa already expired so i decided to move to florida with my cousin (i've just got here yesterday), so at least i don't have to pay rent and he can help me a little. So we're both triyin to make some money to make this happen.
The thing is that, i know that working out of status is illegal. Right now our plan is to get money for her to get her citizenship, move together, and then apply for my AOS, work permit and everything. But right now i need to work. My question is, if i work with my current ssn, which i'm not allowed to, will USCIS forgive that when we apply for AOS? I have explained my situation to some people here, and they're willing to give me a job with my current ssn but i dont know if i should take it or not. Can i then argument that it was for getting the money to become legal or something. We haven't applied for aos now cause, affidavit of support (we dont have money he).
Well at least we're happily married and had a good honey moon in Austin, i'm missing her thought :(
Please comment and try to give me some ideas here.
Thanks
I came to the states on december with a J-1 Visa for the purpose of work and travel program, i've got a ds-2019, my I-94 is with D/S, and i got a SSN card with the "only valid for work with dhs authorization", also i dont have the 2 year residence requirement on the J-1 visa so i don't need to get a waiver for appliying to AOS. I was working in colorado for 3 1/2 months and my visa expired on march 30. I was supposed to go back to my country (peru) but then i went to texas to see my girlfriend that i haven't seen in a year, and we decided to get married, which we just did a week ago. She's a permanent resident, living her for like 5 years or so, but not a citizen.
The thing is that neither of us have so much money to fill the papers (she just got a new job after a couple months unemployed :( ), she's still living with her parents, and i dont have a job anymore cause my visa already expired so i decided to move to florida with my cousin (i've just got here yesterday), so at least i don't have to pay rent and he can help me a little. So we're both triyin to make some money to make this happen.
The thing is that, i know that working out of status is illegal. Right now our plan is to get money for her to get her citizenship, move together, and then apply for my AOS, work permit and everything. But right now i need to work. My question is, if i work with my current ssn, which i'm not allowed to, will USCIS forgive that when we apply for AOS? I have explained my situation to some people here, and they're willing to give me a job with my current ssn but i dont know if i should take it or not. Can i then argument that it was for getting the money to become legal or something. We haven't applied for aos now cause, affidavit of support (we dont have money he).
Well at least we're happily married and had a good honey moon in Austin, i'm missing her thought :(
Please comment and try to give me some ideas here.
Thanks
more...
pictures photo | Raven-Symone
Tommy_S
04-08 11:58 AM
wow! Very creative, fes. Those stamps gonna be pop. :thumb:
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benbear
10-03 08:18 PM
http://www.lewslaw.com/US_Immigration_Updates.htm#10022007a
At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.
Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.
Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.
USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.
A Biometrics notice will be issued even if a visa number is not available at the time.
At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.
Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.
Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.
USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.
A Biometrics notice will be issued even if a visa number is not available at the time.
more...
makeup Raven Symone was out for
colemancol
12-09 02:16 PM
Hello,
You can not (lawfully) re-enter on an H1B, as you're out of status. If you get caught lying at the border, you will be turned back and will likely be permanently barred from entering the U.S. You'll want to re-enter on an H4 visa - you dont need an H4 petition, although obviously you'll need to qualify for the H4, so be prepared to document your spouse's H1 approval and valid status.
Are you stating that you were laid off (thus overstaying), or that you were benched without pay (meaning your employer should have been paying you)? With more than 90 days out-of-status, you may have triggered a period of ineligibility to re-enter the U.S.
Given the apparent overstay issue, I suggest consulting an immigration lawyer.
Hope you find these information valuable.
You can not (lawfully) re-enter on an H1B, as you're out of status. If you get caught lying at the border, you will be turned back and will likely be permanently barred from entering the U.S. You'll want to re-enter on an H4 visa - you dont need an H4 petition, although obviously you'll need to qualify for the H4, so be prepared to document your spouse's H1 approval and valid status.
Are you stating that you were laid off (thus overstaying), or that you were benched without pay (meaning your employer should have been paying you)? With more than 90 days out-of-status, you may have triggered a period of ineligibility to re-enter the U.S.
Given the apparent overstay issue, I suggest consulting an immigration lawyer.
Hope you find these information valuable.
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wandmaker
06-23 10:09 AM
You will say 'YES' for yourself and 'NO' for your dependents. Immigration petition is nothing but I-140, if any of your family members have filed I-140 then answer would be 'YES'
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uimv
02-17 01:40 PM
Thanks. AOS.
I spoke to a laywer who said "Generally several months. Minimum 2 months".
I spoke to a laywer who said "Generally several months. Minimum 2 months".
chanduv23
12-11 06:48 AM
Please contribute
learning01
04-14 01:19 PM
and stands at 90% (active members vs. total members) as of now.
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