Munna Bhai
01-08 03:50 PM
Here is the situation, they already got Australia visa stamped and would like to make a honest visit to US before leaving for Australia, nothing hidden. So how to Convince VO.
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GCDo
04-24 12:33 AM
My lawyer just informed me that I received an RFE on my wife's 485
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
arnet
11-16 12:20 AM
Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
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krishmunn
02-03 12:01 PM
If you have maintained all your communications with the old attorney, file a Legal Malpractice lawsuit against him. You can check yellow pages and contact a malpractice lawyer. Usually such cases are on contingency basis.
It will not save your 485 but you can recover significant amount of money as compensation from that attorney.
For your 485, check with your attorney if an appeal can be filed. I feel you have a strong ground since it was CIS fault.
It will not save your 485 but you can recover significant amount of money as compensation from that attorney.
For your 485, check with your attorney if an appeal can be filed. I feel you have a strong ground since it was CIS fault.
more...
jayleno
08-31 09:40 AM
GCFISH,
whaddoyammean by 90% of us? Speak for yourself. Who did the statistic anyway. stuckinretro is right to some extent atleast from my experience.
whaddoyammean by 90% of us? Speak for yourself. Who did the statistic anyway. stuckinretro is right to some extent atleast from my experience.
snathan
02-22 01:00 PM
Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
Its a valid point. If its more or less the same description of the job...you will have hard time to convince the USCIS. Most likely the PERM will be approved and you will face issues during EB2 - I-140.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
Its a valid point. If its more or less the same description of the job...you will have hard time to convince the USCIS. Most likely the PERM will be approved and you will face issues during EB2 - I-140.
more...
Whitemonkey
07-15 10:45 PM
This is a hard call. I would probably wait for the EAD before deciding which one to cancel. you might be canceling one that is about to send you your EAD. It is risky.
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gimme Green!!
07-12 02:43 PM
Lot of times, I scan through the main threads, and only login if I have read some 'secret "for members" only' stuff, or have to post. :)
A lot of the 1300 could be like that too.
There are over 1300 guests and our strength is (sadly) in our numbers. How beautiful would it be to see reduction in this number of people in different types of limbo in their life, but that would require a concerted voice of legal immigrants to cause any ripple anywhere.
Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.
A lot of the 1300 could be like that too.
There are over 1300 guests and our strength is (sadly) in our numbers. How beautiful would it be to see reduction in this number of people in different types of limbo in their life, but that would require a concerted voice of legal immigrants to cause any ripple anywhere.
Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.
more...
freedom1
01-19 04:19 PM
Hi to all,
This morning I received the e-mail message below.
Does this means that an approval letter has been sent to me?
Has anyone received such an e-mail?
Thanks,
Freedom1.
-----------------------------------------------------------
Application Type: I485, APPLICATION FOR STATUS AS A PERMANENT RESIDENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On January 19, 2007, we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
This morning I received the e-mail message below.
Does this means that an approval letter has been sent to me?
Has anyone received such an e-mail?
Thanks,
Freedom1.
-----------------------------------------------------------
Application Type: I485, APPLICATION FOR STATUS AS A PERMANENT RESIDENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On January 19, 2007, we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
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ghost
06-20 03:20 PM
AC 21 will come into effect 6 months after you apply for your Adjustment of Status (485). You can apply for your 485 only when the visa numbers are available for your PD (EB2 currently for India is Jan 2003)
GCwaitforever, Are you certain that Supers***(with approved 140) can change employers without any impact, by using AC 21 provisions?
The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.
GCwaitforever, Are you certain that Supers***(with approved 140) can change employers without any impact, by using AC 21 provisions?
The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.
more...
setpit_gc
08-13 03:39 PM
485 (EB3) was filed in July 2007 and still working for that company.
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hnordberg
October 23rd, 2005, 10:52 PM
Looks like we may have a few people interested in a Bay Area meet. There are plenty of things to photograph here. The City, north or south from SF on Highway 1, wildlife, and we could always hire a model (which I have never, but it would be fun).
If we get the honor of meeting with Bob and Kevin from "far away", then maybe it should be a two day meet? What say you? Ideas?
:)
If we get the honor of meeting with Bob and Kevin from "far away", then maybe it should be a two day meet? What say you? Ideas?
:)
more...
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axp817
07-22 08:05 AM
NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D
Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.
Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.
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sledge_hammer
06-29 03:58 PM
^^^^
more...
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GCapplicant
07-14 11:13 AM
Yes Why isnt korea facing any retrogressions like us...Sounds like real partiality.
China is comparitively less than Korea and they face retrogression...unable to judge this partiality.
China is comparitively less than Korea and they face retrogression...unable to judge this partiality.
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godbless
12-14 03:09 PM
Hello,
Please respond.
1. When you file it online, the category for your wife would be h4.
2. Send it separately please.
3. Send the following after applying online:
a. A print out of the confirmation page that you will get after applying online.
b. 2 Pics each. Put your a# on the back of the pics.
c. A copy of any approval notice showing your current status in USA.
d. A copy of I 485 reciept notice.
e. A copy of old AP (if any).
g. A small letter mentioning why you need the AP.
Thats it and you are all set.
Please respond.
1. When you file it online, the category for your wife would be h4.
2. Send it separately please.
3. Send the following after applying online:
a. A print out of the confirmation page that you will get after applying online.
b. 2 Pics each. Put your a# on the back of the pics.
c. A copy of any approval notice showing your current status in USA.
d. A copy of I 485 reciept notice.
e. A copy of old AP (if any).
g. A small letter mentioning why you need the AP.
Thats it and you are all set.
more...
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stucklabor
03-22 04:01 PM
All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
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paskal
02-14 07:49 PM
I wished too :), though i am happy helping Paskal in his efforts now :)
the immediate task at hand is to collect letters for the admin. reform campaign
legislation will happen at it's own pace as we all know by now.
http://www.helpniloufer.org/
this wonderful blog created by needhelp! will make it easy..find a template, addresses to mail and oodles of inspiration!!
the immediate task at hand is to collect letters for the admin. reform campaign
legislation will happen at it's own pace as we all know by now.
http://www.helpniloufer.org/
this wonderful blog created by needhelp! will make it easy..find a template, addresses to mail and oodles of inspiration!!
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wandmaker
10-22 10:23 PM
I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
The penalties for failure to notify USCIS of change of address include criminal conviction of a federal misdemeanor, imprisonment of up to 30 days, fine up to $200. Penalties extend to detention and removal (deportation) from the U.S. if the failure was not "reasonably excusable" or "willful".
If subject to special registration, the penalties for failure to comply with any of the requirements of special registration, including failure to notify USCIS of change of address, job or school or comply with the entry, exit and reporting requirements of special registration, include denial of change or extension of status applications for failure to maintain status, removal (deportation) and exclusion from the U.S. Penalties for fraudulent statements or for "willful" failure to register include criminal conviction of a federal misdemeanor involving imprisonment of up to six months, and fine up to $1000. The penalties for a sponsor (Form I-864) to notify USCIS of change of address include civil penalties of $250-$5000.
More FAQs at http://www.jackson-hertogs.com/JH/faq/8054.pdf (http://www.jackson-hertogs.com/JH/faq/8054.pdf)
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
The penalties for failure to notify USCIS of change of address include criminal conviction of a federal misdemeanor, imprisonment of up to 30 days, fine up to $200. Penalties extend to detention and removal (deportation) from the U.S. if the failure was not "reasonably excusable" or "willful".
If subject to special registration, the penalties for failure to comply with any of the requirements of special registration, including failure to notify USCIS of change of address, job or school or comply with the entry, exit and reporting requirements of special registration, include denial of change or extension of status applications for failure to maintain status, removal (deportation) and exclusion from the U.S. Penalties for fraudulent statements or for "willful" failure to register include criminal conviction of a federal misdemeanor involving imprisonment of up to six months, and fine up to $1000. The penalties for a sponsor (Form I-864) to notify USCIS of change of address include civil penalties of $250-$5000.
More FAQs at http://www.jackson-hertogs.com/JH/faq/8054.pdf (http://www.jackson-hertogs.com/JH/faq/8054.pdf)
canmt
11-16 08:46 AM
The term permanent does not mean forever; after you apply AC21 and inform USCIS regarding your intent to change employer you can stop worrying about working for the gc sponsored employer.
But if you stick with your gc sponsored employer till you get your green card; then you cannot use AC21. It is not clear as to how long you need to work for the gc sponsored employer. Most of the lawyers say 1 year is a good time to change employer after getting gc but there is no law binding on such things.
But if you stick with your gc sponsored employer till you get your green card; then you cannot use AC21. It is not clear as to how long you need to work for the gc sponsored employer. Most of the lawyers say 1 year is a good time to change employer after getting gc but there is no law binding on such things.
dhirajs98
08-18 02:18 PM
sorry to break the bad news to you,but this usually means a denial. My I 140 was approved recently, the online status cleared said it's approved. I read many posts on this forum who had the same online status as yours and their I 140's were denied.
Are you sure it would a straight denial or they can ask for more evidence? And if it is a denial then what are my options? I have another I140+I485 filed with my EB3 labor. Is it possible that denial of EB2 I-140 would affect my EB3 I-140 processing. I remeber that my attorney used my EB2-!-140 receipt when filed Eb3 I-140+I-485.
Are you sure it would a straight denial or they can ask for more evidence? And if it is a denial then what are my options? I have another I140+I485 filed with my EB3 labor. Is it possible that denial of EB2 I-140 would affect my EB3 I-140 processing. I remeber that my attorney used my EB2-!-140 receipt when filed Eb3 I-140+I-485.
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