tdasara
11-21 09:57 AM
10 Year visa costs over $1000. Transit Visa costs $76
resident1374
01-26 08:04 PM
I have been going around forums to get an answer and it seems my case is unique in nature...can someone help me out?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
Saralayar
07-27 10:58 AM
Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?
Who is going to verify that it is your handwriting???:p Don't think and worry too much...;)
Who is going to verify that it is your handwriting???:p Don't think and worry too much...;)
Queen Josephine
May 25th, 2005, 09:45 PM
You also might try a less busy background - the stripes are a little distracting. You could fuzz them with a wider aperture (a 50mm f/1.8 is cheap and good for portraits or when out shooting random subjects). Have you tried converting this one to B&W? Sometimes that's more pleasing with high contrast.
Agree with Cox about the background.... I kept thinking that what thing in the upper right corner was a hat!
Agree with Cox about the background.... I kept thinking that what thing in the upper right corner was a hat!
more...
Caliber
05-08 11:47 AM
Did they issue your EAD from the time the previous one expired or from the current date. If current date, you'd have lost about 3 months or validity.
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
Next day from the expiration of present EAD
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
Next day from the expiration of present EAD
rkumar18
10-26 02:39 PM
I had my FP done at San Jose ASC and It took us around 15 min for the entire process of filling the forms,waiting to be called for FP and doing the actual FP.
The lady asked me to sign on an electronic pad(some people reported that they were asked to write their full name and sign at the bottom) which I did and she gave us some feedback forms to fill out and drop in the suggestion box.
It was easy for me to locate the ASC because i used to commute by Charcot drive to take 87 on my way back home from my old office :)
A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!
The lady asked me to sign on an electronic pad(some people reported that they were asked to write their full name and sign at the bottom) which I did and she gave us some feedback forms to fill out and drop in the suggestion box.
It was easy for me to locate the ASC because i used to commute by Charcot drive to take 87 on my way back home from my old office :)
A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!
more...
harivenkat
08-05 01:40 PM
.. h1bs will be naturalized ...
pappu
09-09 08:01 PM
http://www.h1bfraud.com
If you are the owner of this site, pls post information how people should report any breaking of law.
Thanks for posing IV link on your homepage.
If you are the owner of this site, pls post information how people should report any breaking of law.
Thanks for posing IV link on your homepage.
more...
garybanz
10-19 04:52 PM
Nice idea, but here is what I think...
Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)
Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)
morchu
04-29 06:14 PM
I agree, that for most of the cases "approved" is a safer approach.
But there can be some specific situations.
Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.
Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.
This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.
================================
Here is the answer from USCIS:
"Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A
"
=============================
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
But there can be some specific situations.
Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.
Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.
This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.
================================
Here is the answer from USCIS:
"Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A
"
=============================
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
more...
pixi
10-28 07:09 PM
:smirk: Well done mate, u just passed photoshop 101, now onto actually learning some proper photoshop skillz ( sorry, its just well, ahem , so 1983). #My first year students do this in the first day at college.
BastardPixi :smirk:
BastardPixi :smirk:
jungalee43
08-26 09:38 PM
Sailesh thanks for your advise.
Can some immigatin attorney post opinion / advice please? I understand that you may not know complete details of the case. But still I would highly appreciate your opinion.
Can some immigatin attorney post opinion / advice please? I understand that you may not know complete details of the case. But still I would highly appreciate your opinion.
more...
kk_kk
07-16 06:01 PM
Thank you for your reply.
prince_waiting
08-30 09:49 PM
You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.
I am not filing on my own, I am trying to just do the paper work on my own and try to save unnecessary attorney fees. Of course my employer is going to sign the forms.
I am not filing on my own, I am trying to just do the paper work on my own and try to save unnecessary attorney fees. Of course my employer is going to sign the forms.
more...
sunty
11-05 03:37 PM
You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again
GCEB2
06-24 08:06 PM
at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
more...
virginia_desi
02-13 03:08 PM
I got the following message from USCIS:
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?
sk2009
07-28 03:38 PM
mine is EB3-I PD Dec 2004 , there was hard LUD on 27th july 2008 on my approved 140 and even recieved email from uscis
lazycis
01-30 11:23 AM
Any feedback on this is appreciated.
The basis for your AOS is approved EB3 I-140. So I do not see a problem porting to another company. That I-140 will remain valid. If you get approval for EB2 I-140, it won't change your eligibility for AOS. I am not sure if you will be able to port priority date. If you worry too much, you can ask employer to withdraw EB2 I-140 application. My hunch is that EB3 with 2001 PD will get approved earlier than EB2.
The basis for your AOS is approved EB3 I-140. So I do not see a problem porting to another company. That I-140 will remain valid. If you get approval for EB2 I-140, it won't change your eligibility for AOS. I am not sure if you will be able to port priority date. If you worry too much, you can ask employer to withdraw EB2 I-140 application. My hunch is that EB3 with 2001 PD will get approved earlier than EB2.
lagsam
12-17 05:09 PM
According to my daughter, they did not ask anything.
She traveled separately from me.
She traveled separately from me.
kumar1
03-05 11:12 AM
Yestogc- Please do not write "plz" instead of "please". We have "English Language Cop" hovering over us.
You know what I am saying....
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
You know what I am saying....
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
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