dingudi
02-20 02:36 PM
Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
rbalaji,
If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.
Looks like they have begun processing applications filed in July 07.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
rbalaji,
If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.
Looks like they have begun processing applications filed in July 07.
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phigi
08-14 07:05 PM
i was given a red dot as well.. jus coz i started a thread on Oct Bulletin - discussion! with a gracious addressing .. as A.hole!!! what one earth i did to deserve that..
so anyways...I dont care a **** but this is imperialist
so anyways...I dont care a **** but this is imperialist
morchu
05-08 04:04 PM
I would say file EB1-140 alone for now (you can retain Oct 06 priority date for EB1 with proper documentation), wait for its approval, and after the approval of EB1-140, still if your 485 is pending, do an "interfiling" showing your new EB1-140.
Assumption: EB1 is not going to be retrogressed beyond Oct 06, in future.
Thank you, Ms. Reddy for your prompt reply.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
Assumption: EB1 is not going to be retrogressed beyond Oct 06, in future.
Thank you, Ms. Reddy for your prompt reply.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
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vvpandya
11-06 05:46 PM
I had a LUD on 10/18 and then today the online status says Document mailed to applicant..recvd date at nebraska is 7/2 and recpt date is 9/11
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Desichakit
07-22 09:29 AM
You are correct Pappu. I totally agree with you.
kumarc123
12-05 02:42 PM
with the job loss report announced this morning (over 500k lost last month, and 1.9million lost overall) its unlikely this will come through. Too hot button an issue. Even if teh quota is increased, like in 2002/2003 its unlikely it will be filled.
I am skeptical about H1B increase, (taking in to market conditions), I believe Obama administration will push for more number of green cards.
What do you guys think?
Are you joining the IV DC Rally? Please do, this our chance.
I am skeptical about H1B increase, (taking in to market conditions), I believe Obama administration will push for more number of green cards.
What do you guys think?
Are you joining the IV DC Rally? Please do, this our chance.
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martinvisalaw
07-28 07:13 PM
I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
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mrsr
06-22 09:28 AM
also include
photos
birth cert and
cheques
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
photos
birth cert and
cheques
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
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bah9422
10-17 08:20 PM
you can expedite your AP by submitting proof of emergency situation like if someone is critically sick back in india.call USCIS and they will give you fax#.you will need to fax doctors letter and copy of AP receipt notice.it takes around 10 days for approval.
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a_yaja
10-07 02:53 PM
Thanks for you reply.
My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?
You don't need a new I-94. Since you have filed your I-485 petition, as InTheMoment said, you are in a "Period of Stay Authorized by the Secretary of Homeland Security". You do need an AP though if you intend to travel outside the country and enter the US (assuming that you do not file for a new H1). If you travel outside the US without an AP and without an approved H1B, then your AOS application would be deemed to have been abandoned.
My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?
You don't need a new I-94. Since you have filed your I-485 petition, as InTheMoment said, you are in a "Period of Stay Authorized by the Secretary of Homeland Security". You do need an AP though if you intend to travel outside the country and enter the US (assuming that you do not file for a new H1). If you travel outside the US without an AP and without an approved H1B, then your AOS application would be deemed to have been abandoned.
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a_yaja
03-07 03:34 PM
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
Yes, you should get H1B stamp with Company C's annotation. Roseball's comments seems to suggest that it is not necessary to get a new visa as long as you H1B has not expired. However, that is not what I was told by my attorney when I changed employer and had to visit India. Also, during my interview in Chennai, the officer told me "I see that your application is for change of employer". I just said yes. I think it is best that you get in touch with an attorney and seek attorney's opinion. They are the experts and will have the correct information.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
Yes, you should get H1B stamp with Company C's annotation. Roseball's comments seems to suggest that it is not necessary to get a new visa as long as you H1B has not expired. However, that is not what I was told by my attorney when I changed employer and had to visit India. Also, during my interview in Chennai, the officer told me "I see that your application is for change of employer". I just said yes. I think it is best that you get in touch with an attorney and seek attorney's opinion. They are the experts and will have the correct information.
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sbdol
07-20 10:18 AM
I got a brilliant idea guys, I am sure it is not new but it looks now is the right time to pursue it.
Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
Also there is a great injustice to those who had to go through the BEC black hole.
I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).
So how to fix all this in a way that it would not affect negatively anybody?
The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one’s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
This would PARTIALLY restore justice without punishing anybody.
USCIS will be happy as it would take off some pressure from their delays.
Legislators are happy as more people will be able to vote for them.
Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.
All those who say in numerous interviews on TV “.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty…” are happy or would have to admit that they are happy to save the face.
The current losers in immigration process would automatically catch up (almost) with the luckiest ones.
Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.
Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.
Employers are NOT UNHAPPY since the measure does not affect them in any way.
If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like “… make FBI report namecheck results to the applicants..”.
Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.
Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
Also there is a great injustice to those who had to go through the BEC black hole.
I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).
So how to fix all this in a way that it would not affect negatively anybody?
The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one’s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
This would PARTIALLY restore justice without punishing anybody.
USCIS will be happy as it would take off some pressure from their delays.
Legislators are happy as more people will be able to vote for them.
Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.
All those who say in numerous interviews on TV “.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty…” are happy or would have to admit that they are happy to save the face.
The current losers in immigration process would automatically catch up (almost) with the luckiest ones.
Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.
Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.
Employers are NOT UNHAPPY since the measure does not affect them in any way.
If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like “… make FBI report namecheck results to the applicants..”.
Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.
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dixie
05-25 08:46 AM
I think this is independent of sec 508. Countries like India, China, mexico, philliphines, UK (in fact the top 12 immigrant sending countries) are all excluded.
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rheoretro
11-07 02:18 PM
cool
rheoretro,
Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.
I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.
So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)
rheoretro,
Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.
I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.
So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)
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geesee_99
12-14 11:36 AM
Thanks for reply CPUwiz.
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sameet
06-26 04:48 PM
My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...
I had the same issue when I travelled last year. My lawyer said we do not have to renew since AOS pending essentially allows you to stay till adjudication of the case is complete. He did however ask me to renew the EAD and AP.
Just to clarify I have not used my EAD. Still on H1B.
I had the same issue when I travelled last year. My lawyer said we do not have to renew since AOS pending essentially allows you to stay till adjudication of the case is complete. He did however ask me to renew the EAD and AP.
Just to clarify I have not used my EAD. Still on H1B.
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arnab221
08-13 10:40 AM
Lets do it LAGAAN style . Play a Cricket / American Football match with USCICS .
1) If EB immigrants win, all immigrants for the next 3 years will get GC immediately .:D
2) If USCIS wins then let them introduce double retrogression . :mad:
1) If EB immigrants win, all immigrants for the next 3 years will get GC immediately .:D
2) If USCIS wins then let them introduce double retrogression . :mad:
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yestogc
05-21 12:02 AM
This debate is very old one and no one talks about the refinement of EB GC process
chanduv23
09-17 03:27 PM
I am out - SEE YOU ALL IN DC
perm2gc
06-23 05:49 PM
If a person tests positive for TB and the chest X-Ray also shows signs of TB the USCIS doctor will send us to the county doctor's office. If they also determine positive result we wil have to start the medication.
1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?
2) Also how long does the medication take?
Thanks
1. You cannot apply without medical record.
2. 9 months is the course time for TB medication.
1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?
2) Also how long does the medication take?
Thanks
1. You cannot apply without medical record.
2. 9 months is the course time for TB medication.
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