BMS1
07-19 10:22 AM
My understanding is that to file for I-485 one needs to be in valid non-immigrant status (which your spouse does not have as of july 17th). After a valid I485 filing, there is a relief of 180 days as per 245(K). I could be wrong. It was a serious mistake not to have filed before July 16th. But nevertheless worth a try. If USCIS does not reject the filing, you need to be careful, not to let your spouse stay inside US beyond 180 days counting from July 16th. Since at a later stage, should the application be denied,a lot more can go wrong.
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sanju_dba
02-01 09:22 AM
Congrats!
howzatt
07-16 02:00 PM
Here is the update we have been waiting for
USCIS has announced that on Wed, Jul 18, 2007, from 9:00pm ET until Thur at 1:00am ET, the INFOPASS appointment system will be unavailable for a scheduled upgrade. USCIS customers will see some minor changes to the appointment screens on Thur, Jul 19, 2007. ;)
Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.
USCIS has announced that on Wed, Jul 18, 2007, from 9:00pm ET until Thur at 1:00am ET, the INFOPASS appointment system will be unavailable for a scheduled upgrade. USCIS customers will see some minor changes to the appointment screens on Thur, Jul 19, 2007. ;)
Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.
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gg_ny
08-21 03:23 PM
You are saying ur PD was Sec 2005? Mine is Dec 2005. Should I also expect it sometime soon :)?
We all can expect and keep expecting ;-) My PD is Nov 2004 (EB2 NIW), RD for 485 is Aug 2005. Who knows, you could be luckier and FBI likes your name... They seemed to be not liking mine though.
We all can expect and keep expecting ;-) My PD is Nov 2004 (EB2 NIW), RD for 485 is Aug 2005. Who knows, you could be luckier and FBI likes your name... They seemed to be not liking mine though.
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BharatPremi
09-24 11:35 AM
Man why you need reciepts?
First of all those receipts are Applicant's (Employee's) property so I believe, if something is my property I MUST have it with me... Period. Now one thoughful reason is that, during the whole damn process, if you are not satisfied with the action taken by your lawyer and you want to change your attorney then having receipts with you would make your life easy then. Actually my attorney is really good and I do not see this coming but hey, if you have your originals with you it is better. Another reason is that suppose say in future, if you have to plan for Emergency travel outside, you would not have to plan waiting for receipts coming from your attorney then.
First of all those receipts are Applicant's (Employee's) property so I believe, if something is my property I MUST have it with me... Period. Now one thoughful reason is that, during the whole damn process, if you are not satisfied with the action taken by your lawyer and you want to change your attorney then having receipts with you would make your life easy then. Actually my attorney is really good and I do not see this coming but hey, if you have your originals with you it is better. Another reason is that suppose say in future, if you have to plan for Emergency travel outside, you would not have to plan waiting for receipts coming from your attorney then.
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gapala
05-06 09:09 PM
Sorry to hear about that dude!
Did they book any charges against you?
Where did this happen? What did they say when they left?
Do you have officer's names/contact number?
One thing you could do is that you can write to Senators and Governer about this and also the Media Reporters.
Talk to a lawyer as well if you are mentally worried about this.
Did they book any charges against you?
Where did this happen? What did they say when they left?
Do you have officer's names/contact number?
One thing you could do is that you can write to Senators and Governer about this and also the Media Reporters.
Talk to a lawyer as well if you are mentally worried about this.
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sundevil
03-11 05:48 PM
It does not become any less fraudulent if the employer participates in it. You are applying for a Green Card sponsored by an employer saying that employer needs you, without ever intending to work for them once you get it. Don't you see it. Its fraud.
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
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desi3933
05-14 01:33 PM
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
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indianabacklog
03-17 07:47 AM
The detail is in the advert for the position. It is very specific in its requirements and you do not match them.
I was in exactly this position in 2002 and the appeal such as you suggest as second option failed and wasted six months.
I had to start the entire process again. The most frustrating part for me was the department of labor had assisted my employer with the advert and the alteration they made to the advert was the thing that screwed me in the end.
By virtue of the PERM system now you are really not going to lose all that much on your priority date and you could have another I140 filed before any appeal is even dealt with.
I was in exactly this position in 2002 and the appeal such as you suggest as second option failed and wasted six months.
I had to start the entire process again. The most frustrating part for me was the department of labor had assisted my employer with the advert and the alteration they made to the advert was the thing that screwed me in the end.
By virtue of the PERM system now you are really not going to lose all that much on your priority date and you could have another I140 filed before any appeal is even dealt with.
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belmontboy
04-10 03:30 PM
source?
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Sath thesmilingstar
02-25 08:10 PM
I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..
so does this mean that i cannot apply with my is i-140 pending..??
so does this mean that i cannot apply with my is i-140 pending..??
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whoever
02-07 01:12 PM
hammer, here is another poll very similar at http://immigrationvoice.org/forum/showthread.php?t=1671
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snathan
08-18 05:32 PM
They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.
Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes.
Exactly.....You nailed it correctly.
Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes.
Exactly.....You nailed it correctly.
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perm2gc
08-28 10:34 AM
Guys i think we had enough discussion on it in the other thread..Admins can you please close the thread..
Some members are making personal remaks and i hope that admins will take care of them...
We all here for debating what is wrong and what is right for our cause ..Please dont disgrade yourself
Some members are making personal remaks and i hope that admins will take care of them...
We all here for debating what is wrong and what is right for our cause ..Please dont disgrade yourself
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scamp
04-21 01:13 PM
I know how you feel but Im sure your time will come, our application is in Texas Service Center also and we are current since March and I was expecting that it will be approved in November but thank God my husband received an approval email just today. Forget about their processing dates it was never followed in our case, our I-140 was supposed to be approved december last yr but we got approval notice last October, our receipt notice for I-145 is June 20, 2007 but we got approved today.
Here's other details:
Eb3 Philippines
PD July 2004
1-140/I-485 RD June 20'07
I-140 approved- Oct 25'07
I-485 aprroved- Apr 21'08
Here's other details:
Eb3 Philippines
PD July 2004
1-140/I-485 RD June 20'07
I-140 approved- Oct 25'07
I-485 aprroved- Apr 21'08
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a1b2c3
06-15 10:58 PM
Hi,
My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.
My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?
Now, we're preparing to apply B2 visa for a second time. Here are my questions:
1. When do you think they should apply for the visa again?
2. What can we prepare to show proofs that they will definitely go back to their country? Should we prepare a letter stating reasons why they won't immigrate to US?
3. They are taking care of my elderly grandfather, 80 years old. Should they bring a picture of him?
3. Will they have a better chance if they left all my 3 siblings at home to give more reason they will definitely go back?
My parents definitely don't want to immigrate to the US.
Help...help....please...I really want them to attend my wedding.
Thanks a bunch for all of your advise!
which country are you from?
My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.
My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?
Now, we're preparing to apply B2 visa for a second time. Here are my questions:
1. When do you think they should apply for the visa again?
2. What can we prepare to show proofs that they will definitely go back to their country? Should we prepare a letter stating reasons why they won't immigrate to US?
3. They are taking care of my elderly grandfather, 80 years old. Should they bring a picture of him?
3. Will they have a better chance if they left all my 3 siblings at home to give more reason they will definitely go back?
My parents definitely don't want to immigrate to the US.
Help...help....please...I really want them to attend my wedding.
Thanks a bunch for all of your advise!
which country are you from?
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lord_labaku
04-14 12:43 AM
Your friend is capable of a lot; but incapable of asking his own questions !!! Not being cynical or rubbing salt on a wound....but whats the harm in claiming that its your own problem instead of a 3rd persons.?
Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.
Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.
Good luck - to your friend.
Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.
Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.
Good luck - to your friend.
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Nabeel
10-25 01:37 PM
I believe i am right when I say that one can work on an expired H1b visa provided his/her extension (I129) is pending approval!! Please correct me if wrong.
Yes sir, I am in Agreement with you provided you filed your extension before your H1 Expiration date and got your receipt later on.
Nabeel
Yes sir, I am in Agreement with you provided you filed your extension before your H1 Expiration date and got your receipt later on.
Nabeel
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kpchal2
03-03 12:26 PM
hi chanduv
i am not worried about RFE or NOID. I am very much concerned about direct denial and then having to go through MTR and all the stress associated with that. Can you shed some light on the scenarios that miught cause denial other than plain old stupidity of the USCIS.
thanks
i am not worried about RFE or NOID. I am very much concerned about direct denial and then having to go through MTR and all the stress associated with that. Can you shed some light on the scenarios that miught cause denial other than plain old stupidity of the USCIS.
thanks
dehradoon
06-14 07:15 PM
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Yes, you can file for 485 when extension is pending, I did that last year.
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Yes, you can file for 485 when extension is pending, I did that last year.
WillIWin?
08-13 02:09 PM
I dont agree with the laws passed, but here is the math to come up with the $600 million figure they are quoting.
# of possible H1Bs = 85k (65k + 20k)
Fees (additional) = $2000
Total Fees = $170 million ($2k x 85k)
The fee increase is for 4 years = (2010-2014)
GRAND Total = $680 million ($170 million x 4)
# of possible H1Bs = 85k (65k + 20k)
Fees (additional) = $2000
Total Fees = $170 million ($2k x 85k)
The fee increase is for 4 years = (2010-2014)
GRAND Total = $680 million ($170 million x 4)
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