akhilmahajan
08-04 08:44 AM
Please act on the following Action Items.
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bigboy007
06-01 12:26 PM
core members ? any comments?
GCAmigo
10-26 03:06 PM
There is no FIFO system.. whatever gets picked out of the DUMP gets processed.. I don't think one can draw any conlcusion based on approvals..
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ss2005
05-19 11:41 AM
If your company pays for there own lawyer then go ahead and change it to new one. As the response from lawyers will be fast. And you can avoid big expenses if you retain earlier law firm. Keep in mind Lawyers charge for each and every thing they do.
I did this and recently gave G28 for new lawyers. (But when my H1 was transfered new company lawyers goofed up the office address and I have not yet received I797 any how this is a different story. Planning to apply for a copy)
Why I am reluctant to go with new guy is due to EVL content.
Old guy knows abt the case and prepare the letter accordingly.
My concern is...if I retain old guy... Is it legal to pay expenses from my pocket?
I did this and recently gave G28 for new lawyers. (But when my H1 was transfered new company lawyers goofed up the office address and I have not yet received I797 any how this is a different story. Planning to apply for a copy)
Why I am reluctant to go with new guy is due to EVL content.
Old guy knows abt the case and prepare the letter accordingly.
My concern is...if I retain old guy... Is it legal to pay expenses from my pocket?
more...
andy garcia
11-07 02:24 PM
Hi,
I am unable to determine if the 180 day timeline is calculated from RD or ND? There are different opinions here in this forum and no clear answer. Is there a law text that defines this clearly...does anybody know?
yea...I did search this and some of the other forums :confused:
Tanks
Taken from: Yates Memorandum (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf)
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
I am unable to determine if the 180 day timeline is calculated from RD or ND? There are different opinions here in this forum and no clear answer. Is there a law text that defines this clearly...does anybody know?
yea...I did search this and some of the other forums :confused:
Tanks
Taken from: Yates Memorandum (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf)
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Circus123
08-01 01:41 PM
Thanks all for your help and sorry for the new thread.
Is your friend you ?
Yes you have to be physically here for applying 485... ( USCIS course 101)
Is your friend you ?
Yes you have to be physically here for applying 485... ( USCIS course 101)
more...
franklin
08-24 11:16 AM
Its fine for me in Firefox. Do you have flashblock or other type extension installed?
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drirshad
06-17 03:40 PM
Use latest I-94 from H-1 as the old I-94 is supposed to be old after the new one arrives with the H-1 approval ...
more...
irukandji
02-12 09:55 AM
Thanks fromnaija, If she maintains any non-immigrant visa she can be added without any 'follow-to-join' petetion right i.e., she can be added to my 485 just like the normal process when my PD becomes current.
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andy garcia
11-30 10:38 AM
Mail it in, if it's rejected you do not lose anything. According to the law (8 USC 1255) the USCIS should accept it.
Not according to this:
8 1255. Adjustment of status of nonimmigrant to that of person admitted for permanent residence.
(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
Not according to this:
8 1255. Adjustment of status of nonimmigrant to that of person admitted for permanent residence.
(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
more...
Sparkling
04-26 04:37 PM
Dear Lawyer,
I posted my story in "all other green card issues" I'm sorry I don't know how to link it.
I am married to a US citizen - married since 10/23/04 - we have lived in the US before where I obtained a conditional green card : given 01/17/06 expired 01/17/08. We left the US in may of 07 to live in denmark (my home country) and thought the conditional green card was "gone" when it expired and did not apply to remove conditions in time.
In 2009 we decided to return to the states - I came here 10/16/09 on a visa waiver. In december 09 we filed i130 and in march i485 thinking we had to start over on the process of getting a green card.
April 8th -10 we recieved a denial letter saying:
"A review of agency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
" therefore , the beneficiary is not eligible for the benefit sought and this additional petition is denied"
" This denial will have no adverse effect on the lawful permanent residence status that the beneficiary has previously aquired"
Attached to the letter is an appeal form.
So my query now is: since they already consider me a lawful permanent resident according to that letter - how do I go about getting my green card? and what happens to the i485 that they still have in initial review?
My husband and I are very confused about all this - we were told we had to reapply so we are puzzled about that denial letter. Customer service at uscis only reiterates the content of their website and we cannot get through to anyone that can shed any light on this. Infopass is not available in our area either, so I turned to this forum.
Than you so much for your time in considering this matter and for any information you might have for us.
Sincerely,
A danish citizen :-)
I posted my story in "all other green card issues" I'm sorry I don't know how to link it.
I am married to a US citizen - married since 10/23/04 - we have lived in the US before where I obtained a conditional green card : given 01/17/06 expired 01/17/08. We left the US in may of 07 to live in denmark (my home country) and thought the conditional green card was "gone" when it expired and did not apply to remove conditions in time.
In 2009 we decided to return to the states - I came here 10/16/09 on a visa waiver. In december 09 we filed i130 and in march i485 thinking we had to start over on the process of getting a green card.
April 8th -10 we recieved a denial letter saying:
"A review of agency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
" therefore , the beneficiary is not eligible for the benefit sought and this additional petition is denied"
" This denial will have no adverse effect on the lawful permanent residence status that the beneficiary has previously aquired"
Attached to the letter is an appeal form.
So my query now is: since they already consider me a lawful permanent resident according to that letter - how do I go about getting my green card? and what happens to the i485 that they still have in initial review?
My husband and I are very confused about all this - we were told we had to reapply so we are puzzled about that denial letter. Customer service at uscis only reiterates the content of their website and we cannot get through to anyone that can shed any light on this. Infopass is not available in our area either, so I turned to this forum.
Than you so much for your time in considering this matter and for any information you might have for us.
Sincerely,
A danish citizen :-)
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sparky_jones
03-03 02:19 PM
Hmm...so the Name Check hell is back.
more...
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dealsnet
10-09 08:37 AM
Better to send the GC to India and he can enter with that GC.
His wife's GC is through his and her stay here depends on him.
So don't go for the route, to file for him as her depenant. This will make everything screwup.
Many people entered after their GC approval.
u cannot use Canada PR to enter US. If he left US without AP then his application for adjustment of status is considered abandoned.
spouse can file new application in dependent category. the dates for dependent category have come quite close since last 6 months. he could expect a GC in 6 months !
talk to a lawyer about dependent 485.
His wife's GC is through his and her stay here depends on him.
So don't go for the route, to file for him as her depenant. This will make everything screwup.
Many people entered after their GC approval.
u cannot use Canada PR to enter US. If he left US without AP then his application for adjustment of status is considered abandoned.
spouse can file new application in dependent category. the dates for dependent category have come quite close since last 6 months. he could expect a GC in 6 months !
talk to a lawyer about dependent 485.
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martinvisalaw
05-10 02:23 PM
See here for details: Law Office of Elaine Martin - immigration news: FAQs on recapturing I-140 priority dates. (http://martinvisalaw.blogspot.com/2009/08/faqs-on-recapturing-i-140-priority.html)
more...
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buehler
02-07 12:20 PM
anyone?
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o0appleboss0o
01-03 01:16 PM
Hi guys,
I have an urgent case regarding the I-485 initial evidence. I sent out my I-485 application w/ I-864 and I-864A back in November, 2009. I am a F-1 visa holder currently in PhD program with around 21,000 stipend per year. My wife which is the petitioner (I-864) has no income and she filed a I-864 with my stipend in the first I-864 form. Since I am the beneficial and the instruction said that I didn't have to include my W-2 form. My parents in law had a joint account together. My father in law filed another I-864 form with his stipend of 20,000, and my mother in law filed a I-864A form with her stipend of 20,000. They have joint tax returns, and I have given immigration the copy of their 3 years W-2 and 1040 form.
A few days ago, immigration has send me request for initial evidence (I485) with the check marks says
1. The household member on the petitioner/sponsor's form I -864, must submit the federal income tax return submitted to the IRS for the most recent tax year.
2. The household member on the petitioner/sponsors form I-864, and I-864A must submit all supporting tax documentation (W-2s) submitted to the IRS for the most recent tax year.
My question is, I have submitted my parents in law's tax return for 2006 to 2008. we do not have the year 2009 because it is not going to be ready until April. What do they want?
I have an urgent case regarding the I-485 initial evidence. I sent out my I-485 application w/ I-864 and I-864A back in November, 2009. I am a F-1 visa holder currently in PhD program with around 21,000 stipend per year. My wife which is the petitioner (I-864) has no income and she filed a I-864 with my stipend in the first I-864 form. Since I am the beneficial and the instruction said that I didn't have to include my W-2 form. My parents in law had a joint account together. My father in law filed another I-864 form with his stipend of 20,000, and my mother in law filed a I-864A form with her stipend of 20,000. They have joint tax returns, and I have given immigration the copy of their 3 years W-2 and 1040 form.
A few days ago, immigration has send me request for initial evidence (I485) with the check marks says
1. The household member on the petitioner/sponsor's form I -864, must submit the federal income tax return submitted to the IRS for the most recent tax year.
2. The household member on the petitioner/sponsors form I-864, and I-864A must submit all supporting tax documentation (W-2s) submitted to the IRS for the most recent tax year.
My question is, I have submitted my parents in law's tax return for 2006 to 2008. we do not have the year 2009 because it is not going to be ready until April. What do they want?
more...
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gcpadmavyuh
01-27 01:13 AM
No documents needed. They can visit you anytime during the 10 yr validity of the visa. The only condition is that they have to leave the country before the date on I-94 expires.
Dear All Immivoices,
My parents have 10 years multiple visa. It was issue in year 2007. They have visited USA
before two years. If they want to come again, is there any document I need to send them?
Thanks in advance to all of you.
Dear All Immivoices,
My parents have 10 years multiple visa. It was issue in year 2007. They have visited USA
before two years. If they want to come again, is there any document I need to send them?
Thanks in advance to all of you.
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acepb
04-23 07:05 PM
this does clear it up a bit..thanks!
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meenu_a
03-30 04:26 PM
Hello,
I am really having sleepless nights over this, thinking obsessively over and over.
Here is my situation:
I am working for a consulting company A since Feb 2003, and they filed for my GC in May 2003 in Ohio for a position. Even though I been working for the same company, I am working for a different position in California, and I never worked for the position in OHIO that is on GC Labor.
Now, its been two years I filed my 485, got EAD and everything. After 180 days of 485, my employer asked me to work on EAD (to avoid extending H-1). So now I am officially on EAD and used AP once.
At this time, my contract is coming to an end, can I look for another full time in CA area and use Ac-21 to port.? Is there any issue because even though I am working for the sponsoring employer, but not for the position on GC labor?
Or shall I not file AC-21, take a different job and come back to the sponsoring employer and work for that position upon GC approval? Or is that out of question because I already used EAD that means automatic invocation of AC-21?
Please suggest. Thanks
I am really having sleepless nights over this, thinking obsessively over and over.
Here is my situation:
I am working for a consulting company A since Feb 2003, and they filed for my GC in May 2003 in Ohio for a position. Even though I been working for the same company, I am working for a different position in California, and I never worked for the position in OHIO that is on GC Labor.
Now, its been two years I filed my 485, got EAD and everything. After 180 days of 485, my employer asked me to work on EAD (to avoid extending H-1). So now I am officially on EAD and used AP once.
At this time, my contract is coming to an end, can I look for another full time in CA area and use Ac-21 to port.? Is there any issue because even though I am working for the sponsoring employer, but not for the position on GC labor?
Or shall I not file AC-21, take a different job and come back to the sponsoring employer and work for that position upon GC approval? Or is that out of question because I already used EAD that means automatic invocation of AC-21?
Please suggest. Thanks
santb1975
06-29 10:53 PM
I have been a silent reader but a recurring contributor. We all need to come together and work for a Skill Bill or atleast be able to file for I-485 without Visa number availability so that we can get EAD's, Buy houses, Travel in and out of the country without going to the consulate, not pass up on projects which need a lot of International Travel. Can we work for this?. This would help a lot of us keep our minds peaceful
cantonsale10@gmail.com
09-19 08:52 PM
Friends,
Any EB3-I Approvals for September 2010... How long did you guys wait ?
Thanks
Eb3ian.
Any EB3-I Approvals for September 2010... How long did you guys wait ?
Thanks
Eb3ian.