realist
11-19 02:10 PM
Were none of the people who tried from May of this year on this thread unsuccessful in getting their sibling here? Please help
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alterego
03-13 12:27 AM
Congrats.
Apparently TSC is having some difficulty with their online system. My lawyer told me this this week.
Apparently TSC is having some difficulty with their online system. My lawyer told me this this week.
javadeveloper
07-20 04:16 PM
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
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karthik204
06-20 04:09 PM
It is suggested not to travel. But if there is a emergency and you need to travel, talk to your attorney. Even if you get an answer here from someone, do you really want to agree that it would be accurate?
If I were you, I would not worry about it right now unless there is an emergency situation.
If I were you, I would not worry about it right now unless there is an emergency situation.
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jayleno
06-20 08:05 AM
I don�t know about the port of entry, but for EAD and AP they might insist. You must have read my earlier post. In my case they had enough evidence to verify that I had a 485 application pending, but they still chose to send it back. I guess it also depends on the knowledge of the person handling your case. The only way to find out for sure is to apply and see if they send it back. Are you the primary applicant in your case or is it your husband? My lawyer said they did not get the 485 notice for 1 year now, but I know for sure that he has it.
I went for my driver's license in CT and they asked for an I-485 receipt notice when I showed my EAD as my status. They too sent me back saying they cannot give me a license without the I-485 receipt. You never know where they ask for that.
I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
I went for my driver's license in CT and they asked for an I-485 receipt notice when I showed my EAD as my status. They too sent me back saying they cannot give me a license without the I-485 receipt. You never know where they ask for that.
I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
ca_immigrant
01-14 05:43 PM
Congrats !
and thank you to desi485 for posting the link
Good one and particulary moving was the last point ... -:)
14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)
I first laughed when I read about the hair..(I too have less and a lot grey at 35 ...LOL and actually had grey hair since 20....donnno y....
but then after a few minutes for some reason I almost had tears rolling down my eyes (reminded me about parents.....) ....well call my an emtional fool....
neways...I always pray to God that whaterver happens please always help me remeber my parents !! and never forget all the great things they have done for us !!!
(They are in India with my elder borther)
oops...sorry for writing something out of context....
but again Congrats !!
and thank you to desi485 for posting the link
Good one and particulary moving was the last point ... -:)
14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)
I first laughed when I read about the hair..(I too have less and a lot grey at 35 ...LOL and actually had grey hair since 20....donnno y....
but then after a few minutes for some reason I almost had tears rolling down my eyes (reminded me about parents.....) ....well call my an emtional fool....
neways...I always pray to God that whaterver happens please always help me remeber my parents !! and never forget all the great things they have done for us !!!
(They are in India with my elder borther)
oops...sorry for writing something out of context....
but again Congrats !!
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bhasky25
10-11 03:56 PM
Thanks for replying... Appreciate it ....
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
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gc2005
11-17 01:48 PM
That brings up a good point, why do you think all the PDs are moving except India?
Is there really that many applicants from India than China
Is there really that many applicants from India than China
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dontcareanymore
07-30 04:15 AM
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
I think it is time for quick action :):)
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
I think it is time for quick action :):)
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
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soneC
06-15 09:04 AM
Hello. First of all, thank you for reading and feedback. I need some advice on my immigration issue.
I entered the country with F-1 student visa six years ago. I obtained H-1B visa when I got a job after graduation. With my employer�s sponsorship, I applied for employment-base immigration visa and the application got approved (Perm EB2 China-born PD Feb 2006). I did not apply for H-1B renewal when it was expired and I am on I-485 (employment-based) pending status with my EAD up to now. My father is a neutralized US citizen and filed I-130 immigration petition for me. The petition got approved with PD of Jan 2004 (unmarried sons/daughters of US citizens over 21).
I understand that I am eligible for applying I-485 (family-based) petition along with EAD/AP as soon as my PD becomes current. I am especially eager to do so given the fact that the company that I am working at may initiate another around of layoffs. In addition, I do not want to go back to my original country to complete consular processing if I do not have to. However, I have a serious concern about applying for I-485 (family-based this time) again. Will USCIS give me trouble for my family-based I-485 application (along with EAD and AP) because I am already on AoS status with my employment? I do notice that, on the I-485 form, it specifically asked if that petitioner applied for AoS (adjustment of status) before and if yes, the result.
Thank you very much for reading and feedback. By the way, I still have the original I-94 record with F-1 student stamp to approve that I entered the country legally. So this should not be a concern.
I entered the country with F-1 student visa six years ago. I obtained H-1B visa when I got a job after graduation. With my employer�s sponsorship, I applied for employment-base immigration visa and the application got approved (Perm EB2 China-born PD Feb 2006). I did not apply for H-1B renewal when it was expired and I am on I-485 (employment-based) pending status with my EAD up to now. My father is a neutralized US citizen and filed I-130 immigration petition for me. The petition got approved with PD of Jan 2004 (unmarried sons/daughters of US citizens over 21).
I understand that I am eligible for applying I-485 (family-based) petition along with EAD/AP as soon as my PD becomes current. I am especially eager to do so given the fact that the company that I am working at may initiate another around of layoffs. In addition, I do not want to go back to my original country to complete consular processing if I do not have to. However, I have a serious concern about applying for I-485 (family-based this time) again. Will USCIS give me trouble for my family-based I-485 application (along with EAD and AP) because I am already on AoS status with my employment? I do notice that, on the I-485 form, it specifically asked if that petitioner applied for AoS (adjustment of status) before and if yes, the result.
Thank you very much for reading and feedback. By the way, I still have the original I-94 record with F-1 student stamp to approve that I entered the country legally. So this should not be a concern.
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Bogdan
06-02 11:26 AM
Science, Technology, Engineering and Mathematics....
Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.
Does anyone have a list of majors included or any other information on this issue?
Thanks.
Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.
Does anyone have a list of majors included or any other information on this issue?
Thanks.
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md2003
11-19 10:53 AM
Does it required 6 months pay stub (till Dec 29th -- for July 2nd files) or after 180 days we can move to any company whether you have last month pay stub or not. Generally most of the companies hold 15 days amount.
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rakesh_one
03-19 11:44 AM
Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
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vali
10-23 02:10 PM
Thank you so much, I'm pretty clear now, I wish you good luck with your problems, it feels good to know that there still are nice people around.
Thanks again to you and IV.
Thanks again to you and IV.
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rdoib
07-23 10:36 PM
with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)
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bkn96
02-18 01:33 PM
Hello bkn96! congratulations!
so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
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apahilaj
03-28 02:56 PM
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
Many thanks for this useful post .
I am not sure about consulates in India though. Any one, any idea?
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
Many thanks for this useful post .
I am not sure about consulates in India though. Any one, any idea?
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sanjose
07-17 07:11 PM
so this is only for ppl with BOTH white card and green card.
what bout rest of us like who never been to canada or applied for canadian white card. if i get GC in future and visit canada, will I face any issues? just wondering?
Please read this: Entering Canada • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)
what bout rest of us like who never been to canada or applied for canadian white card. if i get GC in future and visit canada, will I face any issues? just wondering?
Please read this: Entering Canada • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)
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Munna Bhai
01-09 12:44 PM
I have filed I-140 in May 2007 and it is still pending. Is there anyone in this same situation??Please let me know to whom to contact.
-M
-M
vallabhu
07-03 03:35 PM
First question
Is your existing H1 still valid and how many days you you have on that.
You have two scenarios here
1) H1 approved while u r in Mexico
2) H1 approved after comming back to US
1)
if your h1 is approved when you are in Mexico, you will have new I94 when returning to the country with the validity date of existing H1 and you have to go out country again and get it stamped or get that document over to you get your passport stammped and then come back
Second is safest bet for you.
Is your existing H1 still valid and how many days you you have on that.
You have two scenarios here
1) H1 approved while u r in Mexico
2) H1 approved after comming back to US
1)
if your h1 is approved when you are in Mexico, you will have new I94 when returning to the country with the validity date of existing H1 and you have to go out country again and get it stamped or get that document over to you get your passport stammped and then come back
Second is safest bet for you.
lost_in_migration
05-15 12:38 PM
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