BMS1
08-21 12:04 PM
Do you still need to go for an interview? I just wanted to know and what kind of questions they ask during the interview. You could provide us with very helpful tips and what to expect.
Interview is not mandatory for I485. Only a small percentage gets the interview call.
Interview is not mandatory for I485. Only a small percentage gets the interview call.
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glus
08-01 10:18 AM
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
Put her status as H4. She is in H4 until October 2007 (assuming you asked for change of status and change of status was also approved.) No, she will not loose her H1, as H1 is a "dual intent" visa.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
Put her status as H4. She is in H4 until October 2007 (assuming you asked for change of status and change of status was also approved.) No, she will not loose her H1, as H1 is a "dual intent" visa.
bach007
11-27 01:35 PM
Originals of these have to be mailed first right? Do we need to carry copies of these on day of interview????
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gcwait2007
07-20 11:37 AM
I am in Austin
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gc_buddy
05-05 09:59 AM
Years before, the back log was at Labor Stage, then when PERM Labor came into existance, the back log was at 485 stage, now with non-concurrent filing I think the I 140 will get backlogged.
http://www.immigration-law.com/
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
http://www.immigration-law.com/
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
juz4forums
07-20 04:10 PM
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
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TeddyKoochu
05-19 01:59 PM
How and how they can prove he is not going to do any work at the location, the client will not be charged for that?
Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).
Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).
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naushit
02-12 08:36 AM
Chris,
My case was very similar in last November, I did call them many times...but same old answer. but in last month they told me they did not work on my case because my fiinger prints were expired. they expire every 15 months, and without valid FP , case even will not pass standard "filter" criteria, and they don't consider it "ready to approve"
Looks like you sent your 485 on Jul 2007, assume your first FP was done before Aug 2007? if yes, it's expired. By any chance, did you do your 2nd FP?
Just my 2 cents.!
Regards,
-N
Our cases are assigned to IO more that 60 days ago. No LUD's sofar.
Called VSC, One officer told me that they have thousands of cases pending. :confused:
Any one got GC recently and pending with IO more that 60 days ?
Appricaite comments and advice.
My case was very similar in last November, I did call them many times...but same old answer. but in last month they told me they did not work on my case because my fiinger prints were expired. they expire every 15 months, and without valid FP , case even will not pass standard "filter" criteria, and they don't consider it "ready to approve"
Looks like you sent your 485 on Jul 2007, assume your first FP was done before Aug 2007? if yes, it's expired. By any chance, did you do your 2nd FP?
Just my 2 cents.!
Regards,
-N
Our cases are assigned to IO more that 60 days ago. No LUD's sofar.
Called VSC, One officer told me that they have thousands of cases pending. :confused:
Any one got GC recently and pending with IO more that 60 days ?
Appricaite comments and advice.
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ragz4u
03-15 11:39 AM
hi Super_Moderator,
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
Unfotunately thats not the way the US political system works! Just as we are trying to get pro-immigrant stuff in, there are others who are trying to negate our force and in fact get any pro immigrant stuff out! Example, numbersusa.
As I have said in my previous post, we are trying to push for the pro-immigrant package at every step. It could happen now, it could happen later, in the worst case it might not happen at all! There are a lot of forces involved in this.
What is in our control is to keep trying and not give up till the very end. And make no mistake, we are doing that every second coz we are in the same boat as you are.
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
Unfotunately thats not the way the US political system works! Just as we are trying to get pro-immigrant stuff in, there are others who are trying to negate our force and in fact get any pro immigrant stuff out! Example, numbersusa.
As I have said in my previous post, we are trying to push for the pro-immigrant package at every step. It could happen now, it could happen later, in the worst case it might not happen at all! There are a lot of forces involved in this.
What is in our control is to keep trying and not give up till the very end. And make no mistake, we are doing that every second coz we are in the same boat as you are.
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shamu
01-12 12:37 PM
All,
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
That is not correct, don't do this.
talk to attorney.
good luck to you.
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
That is not correct, don't do this.
talk to attorney.
good luck to you.
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DDash
09-22 11:46 AM
....
Thats what GC means to me.
....
On the other hand...Its just the current state of mind...
Very well said....Great post. Often times, we get into a "rat" race and get desperate at times. Do the best that you can with what you have. Dont let the lack of GC limit you from achieving your goals. Dont get me wrong, we should fight for our GCs, but at the same time, dont let the desire to get GC stop you from achieving your goals.
Thats what GC means to me.
....
On the other hand...Its just the current state of mind...
Very well said....Great post. Often times, we get into a "rat" race and get desperate at times. Do the best that you can with what you have. Dont let the lack of GC limit you from achieving your goals. Dont get me wrong, we should fight for our GCs, but at the same time, dont let the desire to get GC stop you from achieving your goals.
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fromnaija
11-30 11:19 AM
I don't think you are correct. Portability applies after 6 months of I140 approval. But you can not use AC21 for job profile / labor zone change. So, I don't recommend you changing job title.
You are wrong! Portability applies after 485 has been pending for more than 180 days.
You are wrong! Portability applies after 485 has been pending for more than 180 days.
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sargon
05-11 12:45 PM
You really scared me. My family is supposed to come via Delhi tomorrow. Please refrain from posting such threads.
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srikanthmavurapu
08-16 04:03 PM
It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
Thanks,
Srikanth
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
Thanks,
Srikanth
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bigboy007
08-10 02:18 PM
Good Morning,
I went to the uscis local office. The officer told my case SRC-****7236 (765) Renewal was denied on 06/25/2010. He didn’t have the denial details. He told he will send an email to Texas USCIS asking the details. He also told my 485 motion approved and my recent travel document approved but strange that they denied EAD.
Unfortunately we (Myself & Lawyer) never received a denial notice.
My EAD is expiring sep 3rd. I know mostly they denied by without seeing my 485 motion approval.I am requesting denial notice by opening SR
Help me and suggest to overcome this SITUATION (Another wrong denial by USCIS.)
Thanks
KPR
-----------------
Background OF Myself
----------------------
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
I understand its painful , but unless you can get hold of Denial letter there is nothing much, anything else is pure speculation. Ask to send the Denial letter soon/again. If you can reach out to level 2 officer he/she MIGHT be able to see the cause of denial. what does online status say ?
I went to the uscis local office. The officer told my case SRC-****7236 (765) Renewal was denied on 06/25/2010. He didn’t have the denial details. He told he will send an email to Texas USCIS asking the details. He also told my 485 motion approved and my recent travel document approved but strange that they denied EAD.
Unfortunately we (Myself & Lawyer) never received a denial notice.
My EAD is expiring sep 3rd. I know mostly they denied by without seeing my 485 motion approval.I am requesting denial notice by opening SR
Help me and suggest to overcome this SITUATION (Another wrong denial by USCIS.)
Thanks
KPR
-----------------
Background OF Myself
----------------------
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
I understand its painful , but unless you can get hold of Denial letter there is nothing much, anything else is pure speculation. Ask to send the Denial letter soon/again. If you can reach out to level 2 officer he/she MIGHT be able to see the cause of denial. what does online status say ?
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uumapathi
09-30 10:48 AM
r u from NBKRIST?
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What is NBKRIST?
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perm2gc
08-24 10:22 PM
If I were you, I would read the "captions" before responding.:mad: come out of box dude
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krishmunn
01-18 10:06 AM
If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
Talk to them if you have not started work, you might just have to pay the H1B fees
15K for filing H1 ?????
Talk to them if you have not started work, you might just have to pay the H1B fees
15K for filing H1 ?????
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martinvisalaw
06-25 02:12 PM
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
kshitijnt
04-23 08:23 AM
The statistics can be skewed in that people switch jobs after perm, people like me have filed 2nd perm application despite having an earlier 2005 application.
desi3933
02-18 07:55 PM
One of my close friend and her husband both had Greencard. She delivered baby in India in 2002. They were not able to get their son to US. They tried visitors visa for the baby but the consulate rejected the visa. The baby is still in India with his grandparents. They filed for his greencard (family based). They are counting days to get their son to US. He is already 6 years old. It is very tough for the parents and kid. I am not sure about the other options that people has mentioned. But I see my friend family directly who are facing this problem. I don't think it is a good idea.
Parents must have made a trip to US without kid. The rule is very clear. It must be parents' first trip back to US with the kid.
Parents must have made a trip to US without kid. The rule is very clear. It must be parents' first trip back to US with the kid.
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