gemini23
08-07 09:56 AM
Just called USCIS to find out the estimated processing time to get gc for indyanguy. you will get it in 265 days and 2 hours.
Just kidding. No one can predict such thing man. relax.
Just kidding. No one can predict such thing man. relax.
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lreddi
08-14 11:45 PM
Hi Cool Blues,
My case is also similar to yours. I also received denial today without RFE. Can you plz mail me to lreddi123@@@@@gmail so that we can discuss more . Consultancy name starts with letter
'V'
My case is also similar to yours. I also received denial today without RFE. Can you plz mail me to lreddi123@@@@@gmail so that we can discuss more . Consultancy name starts with letter
'V'
desi3933
06-22 07:51 AM
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.
I am NOT an attorney and this is not a legal advice.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
I agree this is good idea. She may have to travel out of US to get back into H4 status.
See above in Blue.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.
I am NOT an attorney and this is not a legal advice.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
I agree this is good idea. She may have to travel out of US to get back into H4 status.
See above in Blue.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
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busy
03-09 12:01 AM
Thank you RoseBall for your response. Definitely will do. One thing I want to emphasise. I'm sure rejection happened in Feb/October 2007 due to some other reason. Because USCIS did not ask for my either past employment history or paystubs.Do you have any idea of any grace period like 30 days after H1B expiration date to file for extension?
more...
bsbawa10
08-03 06:41 AM
The answer is yes. you can get inifinte 3 year extensions . I am one of the examples myself.
snathan
08-05 11:37 AM
My attorney mentioned that "Automatic Revalidation" does not apply when you travel to canada for visa renewal stamping given that the original visa has expired.
Nonimmigrants who are eligible to re-enter the U.S. pursuant to the authority of automatic revalidation are not able to benefit from the automatic revalidation process if the nonimmigrant's passport reflects evidence that while in contiguous territory or on an adjacent island the nonimmigrant applied for a new visa and is pending a decision or has been denied a new visa application.
Nonimmigrants who are eligible to re-enter the U.S. pursuant to the authority of automatic revalidation are not able to benefit from the automatic revalidation process if the nonimmigrant's passport reflects evidence that while in contiguous territory or on an adjacent island the nonimmigrant applied for a new visa and is pending a decision or has been denied a new visa application.
more...
jhaalaa
10-31 07:20 PM
Thanks to the USCIS administration for bringing it out for public information.
It would help a lot of non-citizens make informed decisions.
Thanks OP.
Best Wishes for all.
It would help a lot of non-citizens make informed decisions.
Thanks OP.
Best Wishes for all.
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pcjandyala
08-09 11:58 PM
Kumar,
We understand your concerns. Please double check whether you can apply for COS(chang of status) alone as you are already here so that USCIS approves such requests. if you are hesitant to go out of the country then you may look for one more option. You got H1B approval so you are excemted from the quota. So, you can apply for another H1B+COS with Company B and you can start using it once it's get approved.
Please note that you cannot come back on L1b if you opt to go out of country for stamping otherwise your last status rule applies.
We understand your concerns. Please double check whether you can apply for COS(chang of status) alone as you are already here so that USCIS approves such requests. if you are hesitant to go out of the country then you may look for one more option. You got H1B approval so you are excemted from the quota. So, you can apply for another H1B+COS with Company B and you can start using it once it's get approved.
Please note that you cannot come back on L1b if you opt to go out of country for stamping otherwise your last status rule applies.
more...
2003doc
07-17 06:01 PM
the best thing he could do is get married ASAP may be tomorrow and file I 485 for him and his wife together otherwise he will be in very bad situation. If in OCt his PD is current he will get stuck as he can not sponsor wife for a long time. and if there is severe retrogession than he will not be able to bring his wife to US unless hisnon-immigrant visa is still valid( still his wife would be in danger of being out of status)....So act NOW
Hi,
This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).
My request to all IV members is to give me some advice that I can pass on to him.
Please help !
Hi,
This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).
My request to all IV members is to give me some advice that I can pass on to him.
Please help !
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krishna_brc
05-16 12:02 PM
Hello Friends,
I am planning to apply Canada PR... here is my status...
Filed 485... currently working on EAD... no H1 any more... employer didn't extend it...
1. Should i qualify IELTS to prove english language ability... inspite of having 18 yrs of education with medium of instruction as english?
2. Since i do not have h1 any more and am on PAROLE status.... will it be difficult for me to prove that i have "real intent" of moving to Canada after getting PR?
I would appreciate any one who can throw some light on this.
Thanks,
Krishna
I am planning to apply Canada PR... here is my status...
Filed 485... currently working on EAD... no H1 any more... employer didn't extend it...
1. Should i qualify IELTS to prove english language ability... inspite of having 18 yrs of education with medium of instruction as english?
2. Since i do not have h1 any more and am on PAROLE status.... will it be difficult for me to prove that i have "real intent" of moving to Canada after getting PR?
I would appreciate any one who can throw some light on this.
Thanks,
Krishna
more...
rahulpaper
08-03 08:32 AM
3 year extension is availabe only if your PD is not current and 140 is approved. 1 year extension is only available when you have GC process started 365 day prior. You can go between 1 year and 3 year extensions (depending on PD situation).
I am not sure about the change of employer part...because your 3 year extension is tied to 140 which is tied to an employer...I am not sure if one is able to maintain H1B status if one invokes ac21 or use EAD in 8/9/10/11 th etc year. The new employer can always start the process (before hiring you) from begining..and have PERM and 140 approved and then you can transfer H1b to new employer. (because you are able to tie it to new approved 140). BTW...you will still save the priority date too..
I am not an lawyer. The information provided here is my personal opinion.
I am not sure about the change of employer part...because your 3 year extension is tied to 140 which is tied to an employer...I am not sure if one is able to maintain H1B status if one invokes ac21 or use EAD in 8/9/10/11 th etc year. The new employer can always start the process (before hiring you) from begining..and have PERM and 140 approved and then you can transfer H1b to new employer. (because you are able to tie it to new approved 140). BTW...you will still save the priority date too..
I am not an lawyer. The information provided here is my personal opinion.
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vimalm
08-22 10:40 AM
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
Don't agree with this. According to a revision some time ago, time in H4 status is no longer counted against H1-B 6 yr limit.
Don't agree with this. According to a revision some time ago, time in H4 status is no longer counted against H1-B 6 yr limit.
more...
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Heart
10-08 12:51 PM
Thanks to you all, I will update after talking to an attorney.
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malibuguy007
10-17 05:00 PM
I like LCS Inc ( Lion's Capital Services Inc ) based in Fairfax , VA. Very good terms and easy to work with. The good part is they are pretty flexible. If you need contact details PM me.
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cbpds
03-05 06:58 PM
Wait for obamacare to pass !!
btw her location will be @ Portland, Oregon.
Regards
btw her location will be @ Portland, Oregon.
Regards
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eb2_mumbai
10-28 03:48 PM
Lets not be judgemental. The guy has done thing that is legal. Morally right or wrong does not matter. The only advice I have is furnish more details so people who have been through similar experience can help you.
FYI. I do not have a substitute labor. I have my own labor and know people who have superseeded me in line and are already GC holders. But then that is life I dont care what they did or when I get my GC I have better things to worry about.
FYI. I do not have a substitute labor. I have my own labor and know people who have superseeded me in line and are already GC holders. But then that is life I dont care what they did or when I get my GC I have better things to worry about.
more...
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raysaikat
08-22 02:48 AM
Thanks for your suggestions - minimalist,prem_goel,gconmymind.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
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eilsoe
10-02 02:42 PM
haha, flex, i think pom is talking about my game (project)... :P
Now where's that wallpaper section...?
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Arvin_H1
08-19 02:33 PM
If you reappeal I think until the decision comes you are okay. But I'm
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
Thank you all for your advices.
As this is my H1 extension, my credential evaluation done with first H1 process itself. and, my I-94 also expired in Sept'07.
Does anyone know any good attorney that i can contact and take more suggestions on my issue..?
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
Thank you all for your advices.
As this is my H1 extension, my credential evaluation done with first H1 process itself. and, my I-94 also expired in Sept'07.
Does anyone know any good attorney that i can contact and take more suggestions on my issue..?
prasadn
02-05 11:54 AM
Gurus,
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.
What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.
What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.
Junky
10-24 11:21 AM
Dear Friends - I have a question and would appreciate your thoughts.
My father visited us for 6 months and I have a copy of his visa and passport notarized. What are the rest of the formalities (W7 form et al) that I should complete so I get some exemption? Or have my assumptions been wrong?
Yes, you can file him as dependent & you do not need his SSN. You have everything (notarized passport etc.), you have to file for ITIN number with IRS. I know lot of my friends did it (not of their own but they went through tax attorney)
My father visited us for 6 months and I have a copy of his visa and passport notarized. What are the rest of the formalities (W7 form et al) that I should complete so I get some exemption? Or have my assumptions been wrong?
Yes, you can file him as dependent & you do not need his SSN. You have everything (notarized passport etc.), you have to file for ITIN number with IRS. I know lot of my friends did it (not of their own but they went through tax attorney)
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