pdakwala
05-30 01:52 AM
Thanks to everyone who had called me directly. I got pretty good response and I appretiate your interest. I would like to thank everyone who posted the message on this thread and kept this thread alive.
I don't need any more assistance. Please keep doing what you are doing currently. Keep up the good work.
Cheers
I don't need any more assistance. Please keep doing what you are doing currently. Keep up the good work.
Cheers
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sku123
12-01 12:20 PM
I have a troublesome situation for which I need some help and potentially some legal inputs:
I am a green card holder with a priority date of april 2006.
I am planning to get married to an Indian citizen with no visa to USA (in fact, I tried to marry her before my green card got approved, but the way things turned out, I couldnt).
I now see that the priority for FB 2A is Aug/2010. If I were to marry her in Dec, can I file for her FB green card right away? How long would it take for her to the approval?
She is also working with her indian employer (software firm) to file for her H1B and/or B1. But, it is taking a long time.
Would a visitor visa or any other mechanism be possible? Could you please help me understand and fix my situation.
Can i go to India for a longer duration? How long can I move back to India without hurting my green card?
Regards,
Srinivas
I am a green card holder with a priority date of april 2006.
I am planning to get married to an Indian citizen with no visa to USA (in fact, I tried to marry her before my green card got approved, but the way things turned out, I couldnt).
I now see that the priority for FB 2A is Aug/2010. If I were to marry her in Dec, can I file for her FB green card right away? How long would it take for her to the approval?
She is also working with her indian employer (software firm) to file for her H1B and/or B1. But, it is taking a long time.
Would a visitor visa or any other mechanism be possible? Could you please help me understand and fix my situation.
Can i go to India for a longer duration? How long can I move back to India without hurting my green card?
Regards,
Srinivas
mukuraj
05-23 01:31 PM
I filed I-485 in July 2007 through my employer (EB3 with Priority date - 02/2004) and my wife filed her I-485 adjustment of status at the same time. We don't have our H-1 visas anymore and using EAD & AP for employment and travel.
We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.
As there is no Green Card in sight for EB-3:
1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.
2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?
Appreciate any help in this regard.
We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.
As there is no Green Card in sight for EB-3:
1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.
2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?
Appreciate any help in this regard.
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dngoyal
11-03 03:58 PM
I was looking at status of my EAD I applied on 15th October'2008 online at TSC.Status shows that my card has been ordered for production on 31st October.I received letter for Biometric appointment on 5th November. I went to ASC on Saturday( 11/1/2008) and had my fingerprinting done.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
more...
mattresscoil
12-09 11:02 AM
Hi everyone,
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
Take Infopass and talk to them. In my opinion if you have approvals in your hand, they stand valid.
USCIS - Left hand does not know what right hand does and vice versa.
I understand your confusion, I hope you find a patient officer at your infopass appointment.
Question:
Did you apply for your EAD/AP yourself and did your lawyer(if you hired) also apply for EAD/AP. Check with your lawyer and employer too.
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
Take Infopass and talk to them. In my opinion if you have approvals in your hand, they stand valid.
USCIS - Left hand does not know what right hand does and vice versa.
I understand your confusion, I hope you find a patient officer at your infopass appointment.
Question:
Did you apply for your EAD/AP yourself and did your lawyer(if you hired) also apply for EAD/AP. Check with your lawyer and employer too.
reachinus
08-14 01:26 PM
You are contradicting your statement - " H1 extension with CSC which was denied but I got a H1 approval notice", you say extension is denied but got approval notice. Approval for? Anyways, you have to ask the airlines to take the I-94, so that you can get a new one. Usually if you are going to Canada for less than 30 days they say that they will not take it. Either ask the airlines to take it or else when entering US explain ur situation to the IO and ask him to issue a new I-94. Hope this helps.
-------------------------
If my answer is of help to you please consider contributing to IV so that we can continue our service.
-------------------------
If my answer is of help to you please consider contributing to IV so that we can continue our service.
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reddy2cool
09-12 03:31 PM
Thanks guys, But the problem is its been a long while and i misplaced my w2 do i need to send that as well (incase if they ask i dont have it and i didnt file return for that year since my income <3000$ for that year)
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Myvisa
09-24 12:53 PM
Is this a good time to Initiate GC process.
------------------------------
I was employed with company A and right now with B, My H1 is Valid till Sep-2010 and can apply for Renewal. My employer is ready to process GC for me.
I am also interested to start the process, my main worry is whether I am eligible to change the employer meantime, or I have to stick to current employer only for few more years which is indefinite.
-- Experts please advice me which is the best option : change the employer and start the GC.. ?
-- or Start GC with current employer and can transfer H1 at the later stage.? if yes at what stage.
-- In current market conditions is it safe to transfer H1
--- Thanks
Raj
------------------------------
I was employed with company A and right now with B, My H1 is Valid till Sep-2010 and can apply for Renewal. My employer is ready to process GC for me.
I am also interested to start the process, my main worry is whether I am eligible to change the employer meantime, or I have to stick to current employer only for few more years which is indefinite.
-- Experts please advice me which is the best option : change the employer and start the GC.. ?
-- or Start GC with current employer and can transfer H1 at the later stage.? if yes at what stage.
-- In current market conditions is it safe to transfer H1
--- Thanks
Raj
more...
PlainSpeak
04-07 12:36 PM
Hi,
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
Descriptions look similar but what you need to check is the SOC code are a close match or not. That is important. Regarding the salary difference taking inflation into account and salary hikes ove the 4 ye4ar speriod you should not have any problem. Check this below link for AC21.
http://immigrationvoice.org/forum/forum14-members-forum/2092141-announcement-uscis-issues-faq-for-clarifying-same-or-similar-classification.html#post2501737
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
Descriptions look similar but what you need to check is the SOC code are a close match or not. That is important. Regarding the salary difference taking inflation into account and salary hikes ove the 4 ye4ar speriod you should not have any problem. Check this below link for AC21.
http://immigrationvoice.org/forum/forum14-members-forum/2092141-announcement-uscis-issues-faq-for-clarifying-same-or-similar-classification.html#post2501737
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smuggymba
12-18 08:31 AM
Cap on skilled immigration unlawful: UK court - World News - IBNLive (http://ibnlive.in.com/news/cap-on-skilled-immigration-unlawful-uk-court/137822-2.html?from=tn)
London: A temporary cap on the number of skilled workers from India and other countries outside the European Union was introduced in June 'unlawfully', the High Court ruled on Friday.
Home Secretary Theresa May had introduced the cap as an interim measure before a permanent cap to be in place from April 2011. It was challenged on the ground that ministers had 'sidestepped' parliamentary scrutiny before announcing the
temporary cap.
The legal challenge to the cap of 24,100 until April 2011 was brought by the Joint Council for the Welfare of Immigrants (JCWI) and English Community Care Association, and was upheld by judges on Friday.
The Home Office said this did not imperil its flagship immigration policy but the opposition Labour said the police it was in "chaos" after the court ruling.
The ruling has nullified the current temporary cap, meaning it is no longer in force.
The cap was one of the first measures of the coalition government that promised to bring down immigrations from hundreds of thousands every year to 'tens of thousands.
In today's ruling, Lord Justice Sullivan and Justice Burton concluded that the home secretary had not gone through the proper parliamentary procedures before implementing the cap, which took effect without a vote in Parliament.
The judges said: "The secretary of state made no secret of her intentions. There can be no doubt that she was attempting to side-step provisions for Parliamentary scrutiny set up under provisions of the 1971 Immigration Act and her attempt was for that reason unlawful." As a result, it said no lawful limits were now in place for Tier One and Tier Two applicants from abroad. The Home Office said it was still "firmly committed" to reducing levels of net migration. "I am disappointed with today's verdict," Immigration minister Damian Green said, adding: "We will do all in our power to continue to prevent a rush of applications before our more permanent measures are in place".
London: A temporary cap on the number of skilled workers from India and other countries outside the European Union was introduced in June 'unlawfully', the High Court ruled on Friday.
Home Secretary Theresa May had introduced the cap as an interim measure before a permanent cap to be in place from April 2011. It was challenged on the ground that ministers had 'sidestepped' parliamentary scrutiny before announcing the
temporary cap.
The legal challenge to the cap of 24,100 until April 2011 was brought by the Joint Council for the Welfare of Immigrants (JCWI) and English Community Care Association, and was upheld by judges on Friday.
The Home Office said this did not imperil its flagship immigration policy but the opposition Labour said the police it was in "chaos" after the court ruling.
The ruling has nullified the current temporary cap, meaning it is no longer in force.
The cap was one of the first measures of the coalition government that promised to bring down immigrations from hundreds of thousands every year to 'tens of thousands.
In today's ruling, Lord Justice Sullivan and Justice Burton concluded that the home secretary had not gone through the proper parliamentary procedures before implementing the cap, which took effect without a vote in Parliament.
The judges said: "The secretary of state made no secret of her intentions. There can be no doubt that she was attempting to side-step provisions for Parliamentary scrutiny set up under provisions of the 1971 Immigration Act and her attempt was for that reason unlawful." As a result, it said no lawful limits were now in place for Tier One and Tier Two applicants from abroad. The Home Office said it was still "firmly committed" to reducing levels of net migration. "I am disappointed with today's verdict," Immigration minister Damian Green said, adding: "We will do all in our power to continue to prevent a rush of applications before our more permanent measures are in place".
more...
Gator
02-26 05:00 PM
Hi-
I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.
I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
I-485 : $395.00
I-765 : $180.00
I-131: $170.00
Can someone please advice if I need to include the fee for AP and EAD renewal.
Thanks
I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.
I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
I-485 : $395.00
I-765 : $180.00
I-131: $170.00
Can someone please advice if I need to include the fee for AP and EAD renewal.
Thanks
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crazyghoda
06-16 04:20 PM
After all the L1 bashing that happenned in one of the other threads, I doubt if any L1 is going to divulge his/her status.
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up_guy
04-09 11:36 AM
Is it legal for an employee to pay PERM , USCIS and attorney fees for a green card processing ?
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chandrajp
08-02 01:33 PM
did you get one? FP is necessary to the EAD
I filed EAD/AP and I485 together when I filed back in June 2005. I did not do any finger printing for EAD then. But for EAD renewal in 2006 and 2007 March, I applied EAD online. Then I had to go to ASC(Application Service Center) to give finger prints(not all fingers for EAD).
I'm one like you, check with your attorney for expert advice
PD : May 2002
Labor Certified : Mar 2005
I140/I485 concurrent filing : June 2005
I140 RFE : Nov 5th 2005
I140 RFE replied : Nov 20th 2005
I140 approved : Nov 30th 2005
I485 RFE : Apr 13th 2007(latest employment letter)
I485 RFE replied : June 18th 2007
I485 approved : June 28th 2007
3 EADs
2 APs
I filed EAD/AP and I485 together when I filed back in June 2005. I did not do any finger printing for EAD then. But for EAD renewal in 2006 and 2007 March, I applied EAD online. Then I had to go to ASC(Application Service Center) to give finger prints(not all fingers for EAD).
I'm one like you, check with your attorney for expert advice
PD : May 2002
Labor Certified : Mar 2005
I140/I485 concurrent filing : June 2005
I140 RFE : Nov 5th 2005
I140 RFE replied : Nov 20th 2005
I140 approved : Nov 30th 2005
I485 RFE : Apr 13th 2007(latest employment letter)
I485 RFE replied : June 18th 2007
I485 approved : June 28th 2007
3 EADs
2 APs
more...
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macrosky
11-06 12:55 PM
My 485 (based on NIW) is pending. Based on the current bulletin, it could take years to approve my case. I currently work in the US using H1 visa. But I may need to travel outside the US for 1 year or even longer for business reason. Is there any way that I can not abadon my 485 pending status? Thanks!
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jnraajan
03-14 04:03 PM
IV Members from Nebraska,
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
more...
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mhtanim
09-10 03:01 PM
My understanding is that once you I-485 gets approved, the H4 gets invalided. She needs an AP to return.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
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uma001
02-03 12:27 PM
Can you post what you wrote?
I would like to write one every day. I am totally frustrated on my green card situation.Cheated by my employer. Cant concentrate on work. They took all necessary documents, ran ads and finally said 'found candidates'.cant file your green card.Dont know what to do at this time.
I would like to write one every day. I am totally frustrated on my green card situation.Cheated by my employer. Cant concentrate on work. They took all necessary documents, ran ads and finally said 'found candidates'.cant file your green card.Dont know what to do at this time.
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haisylu
06-17 04:41 PM
Thanks for the responses.
cooler
06-02 03:36 PM
Hello all,
I am an Indian national currently in the AOS-pending state. My wife & I are looking to adopt a child either from India/US or a different country. From what I have found out, this seems to be a herculean task. Is this even possible? Has anyone successfully completed this process, or know of the details/steps involved. Any information is appreciated.
Thanks
Cooler
I am an Indian national currently in the AOS-pending state. My wife & I are looking to adopt a child either from India/US or a different country. From what I have found out, this seems to be a herculean task. Is this even possible? Has anyone successfully completed this process, or know of the details/steps involved. Any information is appreciated.
Thanks
Cooler
tabletpc
12-22 02:06 PM
Thanks vikram for the speedy response.
Anyone out there with similiar expereince...????
Thanks
Anyone out there with similiar expereince...????
Thanks
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