chanduv23
05-19 01:37 PM
Hello All,
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
If your case is approvable - it gets approved. Just because you take an infopass - your case will not get denied.
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
If your case is approvable - it gets approved. Just because you take an infopass - your case will not get denied.
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truthinspector
12-18 09:22 AM
I entered in Atlanta GA, with 45 days of validity remaining on my AP. No questions asked.
My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
cdeneo
01-08 05:53 PM
If one has applied for AOS and received EAD/AP in the maiden name, should one wait or just get the name changed before I-485 is approved?
Once the name has been changed on the passport and SSN, what should be done to get the name changed on the AOS application and EAD/AP?
I would really appreciate your insight into this - Thanks!
If you decide to change the last name and if you plan right all of it can be done within 1 week (speaking from experience. changed spouse's last name after 2 years of marriage and it was damn easy).
First plan where changing it is priority..something like:
> Financial (Banks, credit cards, brokers etc.)
> US Govt Agencies
Immigration (Since you have applied for AoS, might wait)
SSN
IRS (will be changed with a new return)
Local towns (only if necessary)
DMV - License
> Passport
> Workplace
then let the spouse make a notarized affidavit that says that she is making the declaration that I am the same as "old name" and "new name" and that I am making this declaration to change the name in official records, agencies etc.
Put new and old signatures and notarize it. Take the affidavit, marriage certificate (assuming that marriage is the reason for change) and then it is a simple cakewalk whereever you go.
SSN as others mentioned would be the first step, second comes passport, with both of these in new name, DL is easy.
The more you wait wider would be the penetration of the old name. That said if ones spouse wants it changed and doesn't do it now, guess will never do it. Sometimes it is only a mental block that it would be tough...thousands get married, thousands change their name. It is a well known issue ;)
Good luck !
Once the name has been changed on the passport and SSN, what should be done to get the name changed on the AOS application and EAD/AP?
I would really appreciate your insight into this - Thanks!
If you decide to change the last name and if you plan right all of it can be done within 1 week (speaking from experience. changed spouse's last name after 2 years of marriage and it was damn easy).
First plan where changing it is priority..something like:
> Financial (Banks, credit cards, brokers etc.)
> US Govt Agencies
Immigration (Since you have applied for AoS, might wait)
SSN
IRS (will be changed with a new return)
Local towns (only if necessary)
DMV - License
> Passport
> Workplace
then let the spouse make a notarized affidavit that says that she is making the declaration that I am the same as "old name" and "new name" and that I am making this declaration to change the name in official records, agencies etc.
Put new and old signatures and notarize it. Take the affidavit, marriage certificate (assuming that marriage is the reason for change) and then it is a simple cakewalk whereever you go.
SSN as others mentioned would be the first step, second comes passport, with both of these in new name, DL is easy.
The more you wait wider would be the penetration of the old name. That said if ones spouse wants it changed and doesn't do it now, guess will never do it. Sometimes it is only a mental block that it would be tough...thousands get married, thousands change their name. It is a well known issue ;)
Good luck !
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ramaonline
03-24 03:16 PM
You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.
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sweet_jungle
10-23 11:52 PM
[QUOTE=gcobsessed;298830]My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
samswas
04-20 05:41 PM
I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
She need to have AP in hand before leaving the country. I would suggest to take an INFOPASS and go the local office tell them the situation, they should be able to give you the AP there.
Here is the link to make an appointment for INFOPASS
https://infopass.uscis.gov/info_en.php
Another option is talk to your Congressman.
Goodluck
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
She need to have AP in hand before leaving the country. I would suggest to take an INFOPASS and go the local office tell them the situation, they should be able to give you the AP there.
Here is the link to make an appointment for INFOPASS
https://infopass.uscis.gov/info_en.php
Another option is talk to your Congressman.
Goodluck
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HRPRO
02-25 10:39 AM
I am also looking for answer on this..Anyone please??
The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.
And not to affect your long term stay in the country, it is better to leave the country immediately.
The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.
And not to affect your long term stay in the country, it is better to leave the country immediately.
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ivgclive
04-23 06:09 PM
I completely agree. Members like ivgclive should to be banned. This is a public forum. If you know the answer, speak up, if not "SHUT UP".
Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.
You are most welcome.
Telling people "create thread only if you have the RFE information" becomes a "wrong" in public forums.
It is like "I filed I-485 last week, anybody on the same boat".
Wait for few days, get the letter, read it, understand and ask questions.
Oh, I am sorry, only people aks 'questions' are entitled to ask anything, I should not answer or correct them if they are wrong.
Go ahead.
Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.
You are most welcome.
Telling people "create thread only if you have the RFE information" becomes a "wrong" in public forums.
It is like "I filed I-485 last week, anybody on the same boat".
Wait for few days, get the letter, read it, understand and ask questions.
Oh, I am sorry, only people aks 'questions' are entitled to ask anything, I should not answer or correct them if they are wrong.
Go ahead.
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nlssubbu
07-24 06:54 PM
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
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lost
01-27 02:01 PM
congratulations!
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aj_jadeja
12-07 08:28 PM
as per SFO consulte website you can apply for new passport 1 yr before ur current passprot expires.
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aj
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vinzak
06-16 12:10 PM
I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435
if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435
As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.
I'm curious to know, what recapture means, when it seems visas have not been lost.
The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows
Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642
So are we trying to recapture 271k visas from this calculation?
If the experts could shed some light on this, that would be great.
more...
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PresidentO
06-09 12:13 AM
The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
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StuckInTheMuck
07-18 09:03 AM
My friends who applied after me got it and I'm moving in 2 weeks.
In case your FP notice does not arrive before you move, you may want to arrange with someone to monitor your mailbox. I read somewhere USPS does not forward USCIS letters to the new address (assuming it is a permanent move), in which case the notice may go back undelivered.
In case your FP notice does not arrive before you move, you may want to arrange with someone to monitor your mailbox. I read somewhere USPS does not forward USCIS letters to the new address (assuming it is a permanent move), in which case the notice may go back undelivered.
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l8A
10-05 10:27 AM
I think you have period of 180 days after being out of status to apply for permanent residency. I'm not sure though. It would probably be your best bet to double check with a lawyer and get professional advice. Good luck.
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
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LONGGCQUE
01-31 08:36 PM
DONE. Thanks for sharing. We all should take sometime and fill this form. Each individual voice adds and makes difference.
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redelite
08-20 03:11 PM
Allllllllllrighty... here's my attempt at the O RLY owl..
http://www.kirupa.com/forum/attachment.php?attachmentid=47605&stc=1&d=1219259362
Edit: Man, a second look at it and I think it might be too light...
http://www.kirupa.com/forum/attachment.php?attachmentid=47605&stc=1&d=1219259362
Edit: Man, a second look at it and I think it might be too light...
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reverendflash
10-21 03:54 AM
No, no problem with asking me any question... just beware, I might just answer you! :P
Nothing sinister... she's still alive, married again... hope she's happy (we've spoken twice in10 years)...
Right after that I kinda had an epiphany about not liking who I was becoming, and saw it wasn't where she was going, so I left, at about 3:00 in the morning, with her ring in my hand (she threw it at me), and the clothes on my back...
We will just say my life became much more spiritual from that night on... :cool:
Rev:elderly:
Nothing sinister... she's still alive, married again... hope she's happy (we've spoken twice in10 years)...
Right after that I kinda had an epiphany about not liking who I was becoming, and saw it wasn't where she was going, so I left, at about 3:00 in the morning, with her ring in my hand (she threw it at me), and the clothes on my back...
We will just say my life became much more spiritual from that night on... :cool:
Rev:elderly:
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mhtanim
11-26 06:06 PM
My friend was in India (out of the U.S.) while his green card got approved. The card was mailed to his U.S. home address. Another friend picked up his mail and mailed the green card to my friend in India. My friend got back into the U.S. with his green card. If the lawyer is correct, how did my friend do it?
Card production is only ordered after your I-485 is approved. If you leave the U.S. after your I-485 is approved (although you didn't receive the physical card), logically you should not be able to use Advance Parole any longer since your AP was based on pending I-485.
The best solution probably would be to go to a local USCIS office, show them your online status and get a stamp on your passport.
Card production is only ordered after your I-485 is approved. If you leave the U.S. after your I-485 is approved (although you didn't receive the physical card), logically you should not be able to use Advance Parole any longer since your AP was based on pending I-485.
The best solution probably would be to go to a local USCIS office, show them your online status and get a stamp on your passport.
Sreeshankar
01-25 08:43 AM
Hello friends;
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
gonecrazyonh4
03-20 01:06 PM
Does Talent Bill provision for work authorisation for H1B Spouses mean H4's will be allowed to work?
http://immigrationpage.com/recentnews.php
Read below
The TALENT Bill For Employment - Based - Immigration
The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:
* exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
* create a market-based H-1B cap beginning with a base level of 115,000
* revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas
Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package
http://immigrationpage.com/recentnews.php
Read below
The TALENT Bill For Employment - Based - Immigration
The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:
* exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
* create a market-based H-1B cap beginning with a base level of 115,000
* revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas
Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package
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