sriniks
12-07 06:01 PM
For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?
I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.
thanks!
srini
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?
I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.
thanks!
srini
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Jimi_Hendrix
01-01 04:37 PM
Well we are still waiting for people from 2001 to get their green cards. I don't know how huge an impact recession is going to have.
voldemar
04-20 08:51 PM
Per Mattheww Oh's web site, Senate Judiciary Subcommittee Immigration Oversight Hearings were held on 04/19/2007 and 04/20/2007. I haven't read the details yet. The details are at http://www.immigration-law.com/I believe it was House committee hearing http://judiciary.house.gov/oversight.aspx?ID=299
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hk196712
07-16 12:51 PM
I saw a thread somewhere that instructs how to call IO. This is my first call to any Immigration Office.
I had replied to RFE two weeks back and did not get any updates online.
That is why I called.
The officer told me my application is with the officer. I have no idea what that means. He asked me my receipt number and I gave him the WAC#.
Let me know if you have questions.
Thanks
I had replied to RFE two weeks back and did not get any updates online.
That is why I called.
The officer told me my application is with the officer. I have no idea what that means. He asked me my receipt number and I gave him the WAC#.
Let me know if you have questions.
Thanks
more...
abcdefgh
03-29 12:48 PM
If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.
test101
07-19 02:09 PM
Yes you can. I'm not from india but i had the original BC and i got ranslated in the US.
you can find translaters in Yellow pages and ask them if they do translation for immigration.
you can find translaters in Yellow pages and ask them if they do translation for immigration.
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h1techSlave
03-25 07:36 PM
I would probably tell them that you want to go to India on an urgent personal reason and get back the passport.
I am not sure, what other option you have after getting the passport.
I went to US Consulate Montreal Canada yesterday and they held back my passport, Copy of LC, Originals of my I 485 and H1/H4. They told me your company is too small 7-8 employees and need to search the company. I had my H1/H4's got stamped in Toronto in 2005 without any problem.
My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.
Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.
Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.
RV
I am not sure, what other option you have after getting the passport.
I went to US Consulate Montreal Canada yesterday and they held back my passport, Copy of LC, Originals of my I 485 and H1/H4. They told me your company is too small 7-8 employees and need to search the company. I had my H1/H4's got stamped in Toronto in 2005 without any problem.
My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.
Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.
Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.
RV
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glus
12-29 09:53 AM
I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.
My take:
AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.
In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.
The above said information is purely based on my knowledge and may vary from an Attorney�s view.
Good Luck!
Once again, per INA a person is allowed to remain legally in the U.S. while COS is pending. Leaving U.S. while COS is pending is VERY bad idea so several reasons, including but not limited to abandonment of the underlying petition. Please check INA for details.
My take:
AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.
In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.
The above said information is purely based on my knowledge and may vary from an Attorney�s view.
Good Luck!
Once again, per INA a person is allowed to remain legally in the U.S. while COS is pending. Leaving U.S. while COS is pending is VERY bad idea so several reasons, including but not limited to abandonment of the underlying petition. Please check INA for details.
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upuaut
08-16 07:00 AM
oh.. it's probebly the tutorial on Kirupa.com.. duh.. (guess I haven't woken up yet either.)
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blondhenge
08-31 09:15 AM
I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.
That is why you need a new employment letter from your US employer to bring to the consular interview. The letter is the proof that the job exists for when you arrive in the US.
However, if the individual has no intention of working at the US company upon arrivial, or if they do not want to hire him back (and thus not give him the letter), he will not be approved at the consulate.
That is why you need a new employment letter from your US employer to bring to the consular interview. The letter is the proof that the job exists for when you arrive in the US.
However, if the individual has no intention of working at the US company upon arrivial, or if they do not want to hire him back (and thus not give him the letter), he will not be approved at the consulate.
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manuseeksgc
06-16 05:40 PM
Hi Chi_Shark,
I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.
Thanks!
I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.
Thanks!
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gccovet
05-08 07:52 AM
Hi,
It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
Several of us received soft LUD on I-485 during April 2nd week through 1st week of May, there are several threads discussing that.
GCCovet
It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
Several of us received soft LUD on I-485 during April 2nd week through 1st week of May, there are several threads discussing that.
GCCovet
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tabaching
10-22 12:43 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
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EndRetro
04-19 09:27 PM
I would advise against going outside of your district to apply.
If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.
Why would you want to risk that?
Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.
I have an AP (through my wife company GC petition), worst case I will use it.
If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.
Why would you want to risk that?
Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.
I have an AP (through my wife company GC petition), worst case I will use it.
more...
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yingli
08-25 02:57 PM
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
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Dhundhun
03-31 02:10 PM
I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
more...
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drirshad
08-08 04:35 PM
I am one of the July 2nd filer, EB2 India, PD is April 2005. There is problem if you filed 485 at NSC but got a receipt# starting with WAC we must address it asap.
I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
If we do not solve this problem we could be lingering in CSC for years.
If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.
Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.
http://www..com/discussion-forums/i485-1/168256035
I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
If we do not solve this problem we could be lingering in CSC for years.
If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.
Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.
http://www..com/discussion-forums/i485-1/168256035
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gapala
04-09 01:43 PM
Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
May bulletin is effective only in May 09, so you are in good shape.
Congrats.
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
May bulletin is effective only in May 09, so you are in good shape.
Congrats.
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chantu
02-19 07:19 PM
I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.
Thanks vactorboy!
Thanks vactorboy!
usgc07
02-15 10:04 AM
shensh,
Thank you for the advise.
I had similar thoughts about the H1B process (for a person whose spouse is a US green card holder).
I was wondering if somebody had faced a similar situation . It would be interesting to learn about their experience and the final outcome.
Thanks
Thank you for the advise.
I had similar thoughts about the H1B process (for a person whose spouse is a US green card holder).
I was wondering if somebody had faced a similar situation . It would be interesting to learn about their experience and the final outcome.
Thanks
la6470
03-13 01:24 PM
I heard companies like TCS Wipro HCL (all desi outsourcing firms) have now started to again apply for H1B instead of L1...are they doing green cards too?
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