indyanguy
07-31 11:17 AM
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?
When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?
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glus
07-18 07:30 PM
Hi Gurus,
I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..
OK, not to scare anyone, but per recent uscis update, all applications must be submitted with initial evidence in it. This announcement was effective starting on Jun18t. In I485, the employment letter is part of initial evidence. As per new rules, an IO can deny any application without RFE if the initial evidence is missing.
See this document, and read part "initial evidence requirements" paragraph 2 which sates an application can be denied withou RFE if initial evidence is missing.
File direct from the USCIS site
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
My attorney was very thorough and prepared the initial evidence well.
I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..
OK, not to scare anyone, but per recent uscis update, all applications must be submitted with initial evidence in it. This announcement was effective starting on Jun18t. In I485, the employment letter is part of initial evidence. As per new rules, an IO can deny any application without RFE if the initial evidence is missing.
See this document, and read part "initial evidence requirements" paragraph 2 which sates an application can be denied withou RFE if initial evidence is missing.
File direct from the USCIS site
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
My attorney was very thorough and prepared the initial evidence well.
yabadaba
04-17 02:58 PM
the perm user manual is pretty detailed.
What happens is whenever an application is created... a case number/application number is created with T as the prefix (T-123-4567)
as soon as the information is filled out, everything is updated, all boxes are checked and the lawyer submits the form/application... the case number/app number changes to (A-123-4567 or C-123-4567) for either Atlanta or Chicago (based on where u live).
What happens is whenever an application is created... a case number/application number is created with T as the prefix (T-123-4567)
as soon as the information is filled out, everything is updated, all boxes are checked and the lawyer submits the form/application... the case number/app number changes to (A-123-4567 or C-123-4567) for either Atlanta or Chicago (based on where u live).
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06-11 08:42 AM
aroound 6 hrs have passed and no comments on the serve
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indyanguy
11-14 10:38 AM
1. Is this because B is the "future" employer? In the usual scenario, if B were the current employer who responds to the RFE, can I switch to C within 6 months of joining B?
2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?
At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.
2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?
At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.
eb3retro
09-09 05:23 PM
can you show me a single post in IV that states that they have travelled after applying for AP, and come back with an AP. May be I missed it.
the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
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REEF�
06-06 12:08 PM
So why do you have red is good? Was it creativity :P.
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a_yaja
01-06 04:39 PM
My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).
Please let me know if there is any merit in the above statement?
Please let me know if there is any merit in the above statement?
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maine_gc
04-21 08:51 AM
I recently renewed our passports at Indian Embassy, Washington D.C . I sent 2"X2" size photographs and there was no problem in passport renewal.
How long did it take for you to renew the passport. My appointment date is on Apr 03 and they received my documents on March 31st. I did not get the passport yet. Do you have a number to call them. I called all the numbers listed on the website and no one answers.
How long did it take for you to renew the passport. My appointment date is on Apr 03 and they received my documents on March 31st. I did not get the passport yet. Do you have a number to call them. I called all the numbers listed on the website and no one answers.
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Mayday
04-05 11:00 AM
If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?
I doubt they will find out your were out of status at border - as they must only check current I-94 and they have troubles finding all your I-94s or even any I-94s you have if you do not have them with you. So I am pretty sure they will only check the latest one you have in your hand (though I am not border patrol officer but I have gone through the procedure of looking-up my status at border control checkpoint inside USA).
But green card application process requires to look through all your history and this is when it will be brought up. You need a better attorney on this question then your current attorney is. I guess it would be a good idea to exclude this period somehow from green card application by applying later or a good lawyer might be able to appeal to some regulations that could resolve it as it was not entirely your fault, since I-94 does not have to match passport validity dates and so it was border patrol officer mistake at first.
I doubt they will find out your were out of status at border - as they must only check current I-94 and they have troubles finding all your I-94s or even any I-94s you have if you do not have them with you. So I am pretty sure they will only check the latest one you have in your hand (though I am not border patrol officer but I have gone through the procedure of looking-up my status at border control checkpoint inside USA).
But green card application process requires to look through all your history and this is when it will be brought up. You need a better attorney on this question then your current attorney is. I guess it would be a good idea to exclude this period somehow from green card application by applying later or a good lawyer might be able to appeal to some regulations that could resolve it as it was not entirely your fault, since I-94 does not have to match passport validity dates and so it was border patrol officer mistake at first.
more...
go_guy123
01-11 09:47 AM
The second part also sounds pretty reasonable to me:
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.
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Project_A
11-11 10:48 AM
Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesn�t matter because of the MS requirement?
Thank you
Project_A
Thank you
Project_A
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misanthrope
03-25 12:08 AM
How will that help resolve housing market problem? If you are going to make a claim then make sure that you can back it up with facts/figures/evidence.
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ksurjan
10-05 01:30 PM
Folks,
Who receives the AP approval? lawyer or the beneficiary?
Who receives the AP approval? lawyer or the beneficiary?
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DSLStart
07-28 02:54 PM
Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
Do you think something is cooking? ;)
Hi Everyone,
My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.
Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?
One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??
Appreciate peoples inputs.
Do you think something is cooking? ;)
Hi Everyone,
My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.
Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?
One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??
Appreciate peoples inputs.
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fcres
07-06 01:19 PM
if dates are retrogessed you get 3 year extensions..
if they are not then you apply for 485 :)
If 485 is filed and then it retrogressed (like right now), i can still get 3yr extension, right?
if they are not then you apply for 485 :)
If 485 is filed and then it retrogressed (like right now), i can still get 3yr extension, right?
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suresh.emails
09-14 10:49 AM
The following are answers to your questions. Even I got stamping in Singapore. I use to work in Singapore. I came to USA couple years ago.
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
There is NO order; who should go first.
Even I was married when I appeared for the interview. I did not take my wife along with me to the interview. Usually, Interview officer does not ask you about where is your spouse?. It is up to you to take spouse for dependent status visa. Visa officer always thinks that spouse will get H4 visa processed once after actual H1-B visa is stamped.
Usually, most of us will go for H1-B visa stamping first and later we send our respective spouses for stamping on dependent status.
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
The only evidence they can ask you is about your marriage certificate and your marriage photos. Even this is for when dependent goes to get H4 visa stamping . But definitely not for actual H1-B visa stamping.
As per as I know (remember), they are not suppose to ask you beyond that. I mean, there is a limit to ask on the questions. Otherwise, No deep personal questions.
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
In your cases; you will be by default be dependent to each other (as you will be mention your spouse information in DS-156 form).
If one of your H1-B is approved; then other will be automatically dependent (in case H1-B is not approved for other).
US embassy in Singapore interview is kind of cool on just like an interview in Mexico. Cool .. Answer to the question asked; All it takes to decide is 2 minutes in the interview process.
4 My h1b was denied last year because of company project document issue with same Singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
You have to mention that in your DS-156 form (for any previous visa refusals). It is up to the visa officer to ask you questions on that.
I believe it is US Consulate in Singapore (but not Singapore Embassy)
Try to be genuine on providing information.
It took about 15 minutes; from the time I entered into US Consulate , to finish the whole interview process and go come out.
You donot have to provide information about your spouse that she/he is appearing for interview on the same day unless otherwise is asked by the visa officer.
Answer to the questions asked; don't be over smart and start answering questions.
I wish you best of luck for your H1-B stamping.
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
There is NO order; who should go first.
Even I was married when I appeared for the interview. I did not take my wife along with me to the interview. Usually, Interview officer does not ask you about where is your spouse?. It is up to you to take spouse for dependent status visa. Visa officer always thinks that spouse will get H4 visa processed once after actual H1-B visa is stamped.
Usually, most of us will go for H1-B visa stamping first and later we send our respective spouses for stamping on dependent status.
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
The only evidence they can ask you is about your marriage certificate and your marriage photos. Even this is for when dependent goes to get H4 visa stamping . But definitely not for actual H1-B visa stamping.
As per as I know (remember), they are not suppose to ask you beyond that. I mean, there is a limit to ask on the questions. Otherwise, No deep personal questions.
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
In your cases; you will be by default be dependent to each other (as you will be mention your spouse information in DS-156 form).
If one of your H1-B is approved; then other will be automatically dependent (in case H1-B is not approved for other).
US embassy in Singapore interview is kind of cool on just like an interview in Mexico. Cool .. Answer to the question asked; All it takes to decide is 2 minutes in the interview process.
4 My h1b was denied last year because of company project document issue with same Singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
You have to mention that in your DS-156 form (for any previous visa refusals). It is up to the visa officer to ask you questions on that.
I believe it is US Consulate in Singapore (but not Singapore Embassy)
Try to be genuine on providing information.
It took about 15 minutes; from the time I entered into US Consulate , to finish the whole interview process and go come out.
You donot have to provide information about your spouse that she/he is appearing for interview on the same day unless otherwise is asked by the visa officer.
Answer to the questions asked; don't be over smart and start answering questions.
I wish you best of luck for your H1-B stamping.
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go_gc_way
05-23 10:22 PM
A job well done Salil Pradhan ..
I think , Article rightly points out .. "We all have a tremendous sense of insecurity and uncertainty about the future".
I think , Article rightly points out .. "We all have a tremendous sense of insecurity and uncertainty about the future".
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rvurady14
02-11 01:40 PM
My I 140 got approved in 2006. And my lawyer got approval notice. He also gave me copy of it. I just registered my I 140 case number on USCIS site. I was stunned to find out the status that
Current Status: Notice Returned as Undeliverable.
On September 19, 2006, the post office returned the notice we last sent you on this case I140 IMMIGRANT PETITION FOR ALIEN WORKER as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.
I immediately contacted my lawyer. He said that Since He have original approved copy of I140 , I should not worry about it.
I tried even contacting IO. But IO told me that regarding I140 only employer or attorney can call to discuss further. She didn't give me any answers.
Gurus what you think?
Sagar,
I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.
Did you use AC21 or still with the same Employer?
I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.
Current Status: Notice Returned as Undeliverable.
On September 19, 2006, the post office returned the notice we last sent you on this case I140 IMMIGRANT PETITION FOR ALIEN WORKER as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.
I immediately contacted my lawyer. He said that Since He have original approved copy of I140 , I should not worry about it.
I tried even contacting IO. But IO told me that regarding I140 only employer or attorney can call to discuss further. She didn't give me any answers.
Gurus what you think?
Sagar,
I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.
Did you use AC21 or still with the same Employer?
I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.
k_sing
09-20 12:17 PM
Responding to latest response:
"Member" does not mean an employee.
As a member I would have access to their proprietary software to do trades ( just like having an account with any other broker)
A member however has no voting rights etc. ( it's a private LLC/trust)
At the end of the year, instead of a 1099 tax form, the trust would provide a share of profits generated by "my stock trades" and it is instead done on K1 tax form, which is treated as income.
About the internet biz:
I would be the only one "owning" / running the biz.. as I own the domain ( it's not a LLC ).
Can I receive income checks in my name ?
thanks!
"Member" does not mean an employee.
As a member I would have access to their proprietary software to do trades ( just like having an account with any other broker)
A member however has no voting rights etc. ( it's a private LLC/trust)
At the end of the year, instead of a 1099 tax form, the trust would provide a share of profits generated by "my stock trades" and it is instead done on K1 tax form, which is treated as income.
About the internet biz:
I would be the only one "owning" / running the biz.. as I own the domain ( it's not a LLC ).
Can I receive income checks in my name ?
thanks!
pragir
12-12 04:10 PM
There are literally no unapproved cases for EB2 India in before Jan 2000. There are a number of them in 2000/01/02. So, I think moving the date back to Jan 2000 is a way for DOS to pretty much shut off the spigot before they start opening it up slowly again.
I think that for the rest of the year, they will advance the PD for EB2-India month by month so they dont have a glut of demand for visa numbers.
I think that for the rest of the year, they will advance the PD for EB2-India month by month so they dont have a glut of demand for visa numbers.
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