hpandey
06-25 01:27 PM
you can try to contact the australian consulate to replace your passport. they should be able to pull your information. but in any case, even though you entered legally, you overstayed for more than three years before marrying a citizen. therefore, from the time your visa expired, you are in illegal status, and i am not sure you can adjust your status by staying inside the US. I think your best option might be to return to your country of citizenship and have your spouse apply for a green card.
He came to US in 1994 and most probably visa expired in 1995. He married his spouse in 2006 - that is 11 years of illegal stay .. You are correct though that the best option would be to go back and apply through the home country .
I have an office colleague though whose case might be similar. He came to the US in 1989 illegally - he married his wife who is a US citizen in early 2004 I believe and applied for a GC through her and this year his GC was approved. I guess you really need a good immigration lawyer since I can see that this is a real possibility from the example in front of me.
He came to US in 1994 and most probably visa expired in 1995. He married his spouse in 2006 - that is 11 years of illegal stay .. You are correct though that the best option would be to go back and apply through the home country .
I have an office colleague though whose case might be similar. He came to the US in 1989 illegally - he married his wife who is a US citizen in early 2004 I believe and applied for a GC through her and this year his GC was approved. I guess you really need a good immigration lawyer since I can see that this is a real possibility from the example in front of me.
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bharad
06-22 03:05 PM
Its better to change your employer.
Even my attorney has screwed me big time in 2004. We had a discussion for over two days with my HR and the attorney and the decision was to file the labor in EB2 category otherwise I was not willing to start my GC process with the company. Then the backlog stuff happened and after 3 years I came to know that it is EB3 labor, by that time the attorney stopped representing my company and even the HR left the job.
Now my company doesn't want to start an EB2 process as they don't want to put extra money. So look for a better/similar job and make the move. As the market is improving this is the right time to take some decision.
Cheers!!!
Even my attorney has screwed me big time in 2004. We had a discussion for over two days with my HR and the attorney and the decision was to file the labor in EB2 category otherwise I was not willing to start my GC process with the company. Then the backlog stuff happened and after 3 years I came to know that it is EB3 labor, by that time the attorney stopped representing my company and even the HR left the job.
Now my company doesn't want to start an EB2 process as they don't want to put extra money. So look for a better/similar job and make the move. As the market is improving this is the right time to take some decision.
Cheers!!!
cdeneo
01-05 03:56 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
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pa_arora
07-17 12:32 PM
A federal judge has ordered USCIS to pay attorney Kip Evan Steinberg $25,000 in legal fees after the lawyer's client sued the agency to force it to complete processing in an adjustment of status green card case. USCIS tried to point the finger at the FBI for delays in the name check process, but the judge wasn't buying. The judge found the 151 hours the lawyer put in to the case to be reasonable. So 151 attorney hours were wasted, an individual waited years unnecessarily and America's taxpayers are out $25,000.
- From Greg Siskind blog
- From Greg Siskind blog
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manand24
08-11 01:10 PM
Pd April 2006
Rd 07/02/2007 (nsc)
I-140 approved 10/2006
Rd 07/02/2007 (nsc)
I-140 approved 10/2006
paulkurni
06-17 04:24 PM
I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
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InTheMoment
08-02 11:00 PM
Tina,
...and where did you hear this untrue fact that with an Indian PP and US GC you can travel without a visa to "any country"!!
You have an Indian PP that is the main decisive factor whether you are eligible for visa free/visa on arrival travel for 99% of the countries. (Canada, Mexico and some carribean islands being the ONLY exception. Switzerland had visa free travel till late last year when they changed to Schengen so now you need a visa there too!).
For almost all countries your country of citizenship matters, your GC status has NO bearing.
Got it ?
...and where did you hear this untrue fact that with an Indian PP and US GC you can travel without a visa to "any country"!!
You have an Indian PP that is the main decisive factor whether you are eligible for visa free/visa on arrival travel for 99% of the countries. (Canada, Mexico and some carribean islands being the ONLY exception. Switzerland had visa free travel till late last year when they changed to Schengen so now you need a visa there too!).
For almost all countries your country of citizenship matters, your GC status has NO bearing.
Got it ?
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arnet
11-16 01:49 PM
any one had this experience? thanks and sorry to post this again.
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Wendyzhu77
10-26 06:00 PM
this is ridiculous. It doesn't really matter whether english or anything else is the main language here. As long as the driver is driving properly and follows the road signs properly, why should the police care whether the driver can read? Maybe the driver just memorizes everything, maybe the driver knows it by advanced electronic devices, telepathy, or miracle, whatever, who cares?
No-english ticket (http://www.kvue.com/news/state/stories/102309kvue_no_english_folo-cb.2464cdf97.html)
No-english ticket (http://www.kvue.com/news/state/stories/102309kvue_no_english_folo-cb.2464cdf97.html)
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beautifulMind
07-16 02:48 PM
I posted it there as well
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paskal
09-29 12:30 PM
Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
it is of no help- the extension allows NEW applications. i do not see what it has to do with 485 processing- honestly this seems like gibberish to me.
here is the only way it makes sense: new NIW applicants that need a waiver can now apply under conrad and simeltaneously file for NIW and IF current they can file an AOS and get their spouses an EAD.
extension of conrad is an extension of a "J1 waiver"- nothing to do with NIW per se although we do need the waiver to prsues an NIW.
the one good thing here is that the limited extension means that congress ahs to return to this issue before march and so conrad will come up for discussion again. this from my pov is great! had they done a 5 year extension, we would not have got another quick shot at trying to get quota exmeptions. now..we need to be ready and work with the Senator's office on this....
btw gg- i got a letter from uscis confirming that my 5 year docs were received and verified and my AOS was considered "ready for processing". it does not help that my PD is not current of course, but it does confirm their acceptance of my 5 year completion!
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
it is of no help- the extension allows NEW applications. i do not see what it has to do with 485 processing- honestly this seems like gibberish to me.
here is the only way it makes sense: new NIW applicants that need a waiver can now apply under conrad and simeltaneously file for NIW and IF current they can file an AOS and get their spouses an EAD.
extension of conrad is an extension of a "J1 waiver"- nothing to do with NIW per se although we do need the waiver to prsues an NIW.
the one good thing here is that the limited extension means that congress ahs to return to this issue before march and so conrad will come up for discussion again. this from my pov is great! had they done a 5 year extension, we would not have got another quick shot at trying to get quota exmeptions. now..we need to be ready and work with the Senator's office on this....
btw gg- i got a letter from uscis confirming that my 5 year docs were received and verified and my AOS was considered "ready for processing". it does not help that my PD is not current of course, but it does confirm their acceptance of my 5 year completion!
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skynet2500
11-24 12:19 PM
Gurus, can you please let me know your opinion on my below situation? thanks a lot.
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mmk123
02-19 06:40 AM
No insurance here covers pre-existing conditions. sorry... Others can correct me, but only india network plan covers emergency conditions that arise from pre-existing conditions.. at least better than nothing. Hence, plan accordingly. You can still get expensive plans with a better coverage but still they don't cover any pre-existing conditions. Regarding normal situations, one of my friends had good experience with them for one of the claims.. pls note, i have nothing to do with them and not a PR for them.
if you shop more, you should get a comprehensive plan that covers everything but will be interesting to see how affordable it will be..
hope this helps, good luck.
if you shop more, you should get a comprehensive plan that covers everything but will be interesting to see how affordable it will be..
hope this helps, good luck.
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immiindi09
01-09 04:36 PM
Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.
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08-24 02:27 PM
Bump
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sanjay02
01-22 04:40 PM
Have you used AC21?
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
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GCBy3000
11-29 11:37 AM
Always play safe. Not all the immigration lawyers have the same answers. You might be right on several occasions, but the company will always go with the advice from the company lawyers. I have faced several idiotic decisions from my company lawyers which screwed me up big time in my GC process. But I have always played safe because I need the support from my company. When you take an offer from the new employer you do not know how good/bad are those company attorneys are. So play safe as it will cost you heavily.
NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.
How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
Thanks
NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.
How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
Thanks
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sathishav
02-21 02:11 PM
The timing also depends on which country you belong to. Fill out he profile as much as possible. That helps a bit.
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met3259
07-18 05:07 PM
What is FB of 226,000 ?
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sin94
03-08 08:50 PM
Sorry folks did not get to update this discussion as things have dramatically changed in past couple of months
On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.
No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.
Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear
I just hope others do not go through the same harrowing story as mine.
That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient
On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.
No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.
Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear
I just hope others do not go through the same harrowing story as mine.
That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient
kshitijnt
01-24 04:26 PM
I think your attorney and HR are winking at each other. Looks like this is a cheapo lawyer. Tell them that you will file H1 extension only if they apply I-140 by premium or else you will go back to India. If you are in consulting and a revenue generating employee this is the best approach. Your employer will be a FOOL not to take you seriously. Also give them a few examples of people who got 3 year extension and ask why not for you?
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