anoopraj2010
07-29 08:11 AM
My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead".
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
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mundada
11-25 11:50 AM
As per the lawyers I got advice from
1> F1 is non-immigrant visa unlike H1B which is dual intent visa.
2> There is very high likelihood of F1 getting rejected at embassy because I have already shown my intent to immigrate by applying for GC. Hence, they suggested I will have to change status to F1 in the US and not leave the US till I complete education and join another firm on H1B. I decided not to go this path because I go to India almost every year.
3> For reason stated in <1>, I cannot maintain both F1 and GC application. They suggested that I might slip through if I don't get RFE. However, chances of RFE are high when I would be renewing my EAD at the end of 1 year or dates become current as actually happened in July 07. I am happy I did not go this route.
4> For reason stated in <1>, I can however maintain both H1B and GC. This means if my company agrees to maintain my H1B and GC, I can take unpaid vacation and go to school full-time. I can then come back at the end of semester and work for the company during winter or summer and return to school full-time. I did not think this was feasible.
I will be completing my "part-time" MBA in May 08 because of the same reason. I have put part-time in quotes because many of my friends finished in 2 years and I will be finishing in two and half years.
Finally, the above is my personal opinion and experience and I am not a qualified lawyer. Please consult a qualified lawyer about your particular case.
1> F1 is non-immigrant visa unlike H1B which is dual intent visa.
2> There is very high likelihood of F1 getting rejected at embassy because I have already shown my intent to immigrate by applying for GC. Hence, they suggested I will have to change status to F1 in the US and not leave the US till I complete education and join another firm on H1B. I decided not to go this path because I go to India almost every year.
3> For reason stated in <1>, I cannot maintain both F1 and GC application. They suggested that I might slip through if I don't get RFE. However, chances of RFE are high when I would be renewing my EAD at the end of 1 year or dates become current as actually happened in July 07. I am happy I did not go this route.
4> For reason stated in <1>, I can however maintain both H1B and GC. This means if my company agrees to maintain my H1B and GC, I can take unpaid vacation and go to school full-time. I can then come back at the end of semester and work for the company during winter or summer and return to school full-time. I did not think this was feasible.
I will be completing my "part-time" MBA in May 08 because of the same reason. I have put part-time in quotes because many of my friends finished in 2 years and I will be finishing in two and half years.
Finally, the above is my personal opinion and experience and I am not a qualified lawyer. Please consult a qualified lawyer about your particular case.
reshma
01-09 08:50 PM
I am planning to sponsor visitors visa for my parents and and based on the available documentation I need to submit my birth certificate as part of the required docs.
My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.
If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.
Any advice/help is greatly appreciated.
hi
My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.
Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.
If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.
Thank you in advance
My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.
If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.
Any advice/help is greatly appreciated.
hi
My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.
Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.
If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.
Thank you in advance
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adibhatla
06-16 11:52 AM
I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"
Hi Chandu,
Could you tell me what needs to be written to the congressman (looking at the content).
Appreciate your help in this regard.
MA
Hi Chandu,
Could you tell me what needs to be written to the congressman (looking at the content).
Appreciate your help in this regard.
MA
more...
payur
09-04 12:12 PM
Fellows in pain ...
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
Congrats!!!!:cool:
I remember you because you created the "June 1st filers - receipt " thread.
I hope many approvals come soon.
I would appreciate detailed signature will help us.
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
Congrats!!!!:cool:
I remember you because you created the "June 1st filers - receipt " thread.
I hope many approvals come soon.
I would appreciate detailed signature will help us.
aviko21
09-29 06:36 PM
its all normal...........
they are not processing it as efficiently as you would like but its getting done...
like for me i got my ead cards and a transfer notice within 2 days of check cashing but still no receipt notice..
give it some time, they are under a lot of stress with the number of applications.
they are not processing it as efficiently as you would like but its getting done...
like for me i got my ead cards and a transfer notice within 2 days of check cashing but still no receipt notice..
give it some time, they are under a lot of stress with the number of applications.
more...
visli_com
06-19 05:58 PM
same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
Is it possible to give these medical certificate(MMR/Varicella) from India?
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
Is it possible to give these medical certificate(MMR/Varicella) from India?
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rockstart
05-04 09:25 AM
I changed my address using online AR11 on friday May 1st. I checked my case portfolio next day and saw a soft LUD on my I 485 application. Same with my wife. I think it is always better to get the address change done in the system because later it can be a big headache to solve. I will update forum if I hear anything from CIS.
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hopefulgc
05-26 06:57 PM
I can confirm that .. i have been trying for the past 4 weeks and NOTHING... always says "no dates available".
Now, the VFS site is giving the error "No dates available" for visitor visa. Even if you opt for an emergency appointment option, you still get the same error.
Are others facing the same issue? Is something wrong with this site?
Now, the VFS site is giving the error "No dates available" for visitor visa. Even if you opt for an emergency appointment option, you still get the same error.
Are others facing the same issue? Is something wrong with this site?
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amitga
04-28 03:20 PM
Eco Factory - Reid: "The Energy Bill is Ready... I don't have an Immigration Bill." (http://www.ecofactory.com/news/reid-energy-bill-ready-i-dont-have-immigration-bill-042810)
more...
FinalGC
10-30 03:46 PM
I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.
One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....
One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....
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ruby
08-16 05:24 PM
My I485 was filled with EB3/PD Sep 2002. That time I had EB2/PD-Sep-2004 approved too but my layers said that we should file with “EB3/PD Sep 2002” and when I asked them to combine my EB2 with “EB3/ PD Sep 2002” they said USCIS will reject it.,
Now as EB3 is unavailable, is it possible to use my EB2 approved I-140 with already filled I-485 ( which was filled with EB3/PD-Sep-2002) so that I can retain my EB3/PD-sep 2003 but change the preference category to EB2.
Now as EB3 is unavailable, is it possible to use my EB2 approved I-140 with already filled I-485 ( which was filled with EB3/PD-Sep-2002) so that I can retain my EB3/PD-sep 2003 but change the preference category to EB2.
more...
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GCOP
05-05 01:03 PM
Below are your subscription details
Subscription To Terms Amount
Donation to Support Immigration Voice (User: GCOP)
$25.00 USD for one month
Effective Date: May 5, 2009 $25.00 USD
Subcription Number: S-97P19511LY123610B
________________________
Participated in D.C. Rally
Participated in Call Campaign to House Representatives for HR 5882
Participated in call campaign to CHC members
Earlier Contribution: $ 240
Subscription To Terms Amount
Donation to Support Immigration Voice (User: GCOP)
$25.00 USD for one month
Effective Date: May 5, 2009 $25.00 USD
Subcription Number: S-97P19511LY123610B
________________________
Participated in D.C. Rally
Participated in Call Campaign to House Representatives for HR 5882
Participated in call campaign to CHC members
Earlier Contribution: $ 240
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rvr_jcop
02-17 04:53 PM
Hi My emplyer is saying that he will apply for extention 3 months before expiry . So I guess he will apply in July . So in that case I need the Paystubs of May and June . Am I right ?
Yes, according to English Calendar :)
Yes, according to English Calendar :)
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GC_1000Watt
05-25 01:50 AM
Please share if anyone of us has taken care of PIMS thing in any way. I wanted to handle this PIMS thing well in advance in order to avoid any possible hassle or delays later on while I go for stamping in Mumbai consulate.
Thanks in advance.
Thanks in advance.
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fromnaija
07-21 05:24 AM
Not necessarily. Since GC is for future job, it's not impossible for the employer and the employee to be in different cities.
You better check to see if you are invalidating your entire petition.
You may get denied if they determine that the job you are taking is not where you originally stated. I say this because, if you haven't even filed for AoS then you clearly can't be using AC21 portability at this stage.
You better check to see if you are invalidating your entire petition.
You may get denied if they determine that the job you are taking is not where you originally stated. I say this because, if you haven't even filed for AoS then you clearly can't be using AC21 portability at this stage.
more...
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nc14
08-28 04:08 PM
I am sure IV (which is WE) do not need sarcasm (asli_vdl_rao or what ever). Also, I think IV very much needs guys like you leoindiano and a recurring $25 contribution is not that big of a deal in the grand scheme of things. You have been a great proponent of this cause by supporting it
What do you say leoindiano?
What do you say leoindiano?
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Karthikthiru
07-26 10:16 PM
This is true. Check the following link. And then drill down to Ammendments link. You can see that
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h.r.02638:
Karthik
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h.r.02638:
Karthik
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Robert Kumar
12-24 12:54 PM
Please advise urgently.
Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.
1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.
Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.
1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.
chanduv23
05-27 11:50 AM
I would like to share my I485 experience.
1.Brief History and Denial reason.
Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.
it was denied due to clear error.
2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.
Wrote letter seeking help of senator explaining situation.
Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.
Did finger printing in May.
Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.
I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.
.
Good thing. Please let me know if you are interested in helping IV in a new campaign addressing issues similar to this? Send me a private message with your contact info and I will contact you.
1.Brief History and Denial reason.
Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.
it was denied due to clear error.
2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.
Wrote letter seeking help of senator explaining situation.
Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.
Did finger printing in May.
Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.
I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.
.
Good thing. Please let me know if you are interested in helping IV in a new campaign addressing issues similar to this? Send me a private message with your contact info and I will contact you.
dish
09-25 09:56 AM
The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
