chanduv23
11-14 11:40 AM
^^^^^^^^^^
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ajm
10-31 01:20 PM
Mailed all 4 letters this morning.
akred
01-27 07:58 PM
Obviously it must be an attempt to protect India from being taken over by Hong Kong ;)
You got that right. Hong Kong is part of China.
You got that right. Hong Kong is part of China.
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nlalchandani
05-23 10:06 AM
I would like a second opinion on the below comments from my attorney:
1. On the 131 the last page (having signatures) has this question:
On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant
issuance of advance parole. Include copies of any documents you wish considered.
[Atorney's reply] not relevent to your application leave it blank.
Do you think it is not relevant if I am filing for Advanced payroll...
2. 325 PART 3 B and also EAD Question on 765- For my spouse, the A# - Should this be filled up from her last EAD card (vald from 2003-2005 when she was on L2) OR left blank.?
[attorney reply] BLANK
any comments ?? If my wife had an EAD even though not valid, should that not be mentioned?
3. I asked my attorney for copy of the final documents submitted to USCIS and I was told that they do not share the cover letter the attorney writes up. Other forms, I can print online (they have a database after fnal corrections).
Upon asking for the employment letter they submit, I was told that I should request from my employer?
Any comments??
4. If I get RFEs or I need to use AC21 in the future, what all do I need from the 485 application that would help me if I do not decide to use my law firm?
I do have the 140 approval copy (1 page) and details of the labor skills, title and salary and not the actual labor copy that was submitted for 140 approval.
1. On the 131 the last page (having signatures) has this question:
On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant
issuance of advance parole. Include copies of any documents you wish considered.
[Atorney's reply] not relevent to your application leave it blank.
Do you think it is not relevant if I am filing for Advanced payroll...
2. 325 PART 3 B and also EAD Question on 765- For my spouse, the A# - Should this be filled up from her last EAD card (vald from 2003-2005 when she was on L2) OR left blank.?
[attorney reply] BLANK
any comments ?? If my wife had an EAD even though not valid, should that not be mentioned?
3. I asked my attorney for copy of the final documents submitted to USCIS and I was told that they do not share the cover letter the attorney writes up. Other forms, I can print online (they have a database after fnal corrections).
Upon asking for the employment letter they submit, I was told that I should request from my employer?
Any comments??
4. If I get RFEs or I need to use AC21 in the future, what all do I need from the 485 application that would help me if I do not decide to use my law firm?
I do have the 140 approval copy (1 page) and details of the labor skills, title and salary and not the actual labor copy that was submitted for 140 approval.
more...
ski_dude12
09-24 09:41 AM
Has your I-485 been approved or you have got an RFE?
Congrats!!
My attorney's office contacted USCIS and was told that USCIS has current address on system :cool: They told that since the case is waiting for RFE it must have happend by mistake :confused:
Congrats!!
My attorney's office contacted USCIS and was told that USCIS has current address on system :cool: They told that since the case is waiting for RFE it must have happend by mistake :confused:
gcnirvana
06-21 12:40 PM
Its just sad that when it comes to processing immigration applications, we are too many. But when it comes to contributions or calling senators and sending emails, WE ARE TOO FEW :confused:
Yes it is serious.....and given how many people are raring to go.....it islikely...
As I have said before......we r just too many!!!!
Yes it is serious.....and given how many people are raring to go.....it islikely...
As I have said before......we r just too many!!!!
more...
nkavjs
09-25 02:29 PM
Good idea.. Can we come up with Joint signed E-letter with info and mail it to these guys doing nothing with our 2nd July applications.
They shd all be flown to Bermuda triangle (ony after they clear our pending applications)
They shd all be flown to Bermuda triangle (ony after they clear our pending applications)
2010 KABUL UNIVERSITY LIBRARY
singhsa3
10-21 08:28 PM
Can you please state the source of ur information.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
more...
gcdreamer05
11-03 03:34 PM
Not going anywhere, just providing the updates. We got what we wanted but a the same time did not like the way we got it.
How much did you spend for getting this done ? And are you really happy with what this has resulted in to, now all those in computer information manager - lc will get in to trouble, more audits.
Was this really needed?
How much did you spend for getting this done ? And are you really happy with what this has resulted in to, now all those in computer information manager - lc will get in to trouble, more audits.
Was this really needed?
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srinivas_o
10-10 10:32 PM
I am july 2nd filer, got my receipt numbers by calling USCIS. My data was entered in their system on Oct 5th. I called them today and the Immigration Official gave them. I also filed for my wife, but still her information is not yet there in the system. My application went to NSC, signed by R.Mickels at 9:01 AM, but transferred to TSC as my receipt number starts with SRC.
Good Luck to everybody else who yet to receive the receipts...
Good Luck to everybody else who yet to receive the receipts...
more...
desi3933
08-21 11:00 AM
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
Thanks Pappu.
>> Visa recapture is the best option.
I agree 100%. Visa Recapture from earlier years can provide relief to many applicants (across categories). This year, being an election year, does not look very promising for any new law for Visa Recapture. Hopefully, in 2009, this has much better chance.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
Thanks Pappu.
>> Visa recapture is the best option.
I agree 100%. Visa Recapture from earlier years can provide relief to many applicants (across categories). This year, being an election year, does not look very promising for any new law for Visa Recapture. Hopefully, in 2009, this has much better chance.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
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abhijitp
07-31 03:21 PM
question: can I file without employer letter
For an employment-based petition, in order to proceed and be valid,
they
need to still INTEND to be employed by the sponsoring employer if and
when
they get their green card. The employer however, does not need to sign
any
forms per se with relation to the adjustment petition. If the alien is
currently working for the sponsoring employer (on H-1B or other) he or
she
can port or transfer employers without penalty or without losing the
green
card process 180 days after they file the I-485 petition. At that
point,
they can change employers and work for whomever they wish (provided
they
have a valid work permit)
The forms which need to be filed with the I-485 include;
Form I-485 for EACH applicant with $325 filing fee ($225 if under age
14)
Proof of approved I-140
Form G-325A for each applicant
G-28, if attorney involved
Form I765 Work Permit (optional) (filing fee of $180)
Form I-131 Travel Permit (optional) (filing fee of $170)
Fingerprint fee of $70 for each
Medical examination by INS approved doctor
Passport, visa, approval notices and I-94 card showing all years in the
US
in valid status and maintenance of status
Marriage certificate, birth certificates of children.
Form I-134 Affidavit of Support (notarized) or I-864, with tax returns
(1
year must be attached, but income for three years must be listed); job
letter from the alien's current employer; and pay-stubs.
If the alien is NOT yet working for the sponsoring employer, I like to
include a letter from the employer stating that if and when the alien
gets
his residency, they still intend to hire him or her.
Hope this answers the questions.
Is it possible for us to ask, what are the chances of rejection solely based on the lack of the Employment Verification Letter? If too high, it is a better idea to re-submit. If not a high risk, might as well wait for the A# and then send out this document.
I was present on the conf call on Sunday and wanted to ask this question in the end, but we ran out of time, I have sent her a follow up email with this question (no response yet).
For an employment-based petition, in order to proceed and be valid,
they
need to still INTEND to be employed by the sponsoring employer if and
when
they get their green card. The employer however, does not need to sign
any
forms per se with relation to the adjustment petition. If the alien is
currently working for the sponsoring employer (on H-1B or other) he or
she
can port or transfer employers without penalty or without losing the
green
card process 180 days after they file the I-485 petition. At that
point,
they can change employers and work for whomever they wish (provided
they
have a valid work permit)
The forms which need to be filed with the I-485 include;
Form I-485 for EACH applicant with $325 filing fee ($225 if under age
14)
Proof of approved I-140
Form G-325A for each applicant
G-28, if attorney involved
Form I765 Work Permit (optional) (filing fee of $180)
Form I-131 Travel Permit (optional) (filing fee of $170)
Fingerprint fee of $70 for each
Medical examination by INS approved doctor
Passport, visa, approval notices and I-94 card showing all years in the
US
in valid status and maintenance of status
Marriage certificate, birth certificates of children.
Form I-134 Affidavit of Support (notarized) or I-864, with tax returns
(1
year must be attached, but income for three years must be listed); job
letter from the alien's current employer; and pay-stubs.
If the alien is NOT yet working for the sponsoring employer, I like to
include a letter from the employer stating that if and when the alien
gets
his residency, they still intend to hire him or her.
Hope this answers the questions.
Is it possible for us to ask, what are the chances of rejection solely based on the lack of the Employment Verification Letter? If too high, it is a better idea to re-submit. If not a high risk, might as well wait for the A# and then send out this document.
I was present on the conf call on Sunday and wanted to ask this question in the end, but we ran out of time, I have sent her a follow up email with this question (no response yet).
more...
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gonecrazyonh4
05-25 05:22 PM
My immigration doctor told me that if i had chickenpox in childhood i do not need the varicella vaccine? Which i did at age 5. Please, let me know if anyone else was told the same , i will be going back to him on Wednesday for the physical exam. I don't want to get a RFE on that.
You need proof that you had chicken pox- a relevant letter or prescription issued at that time. Your Doctor can also order a test to find out the antibodies- the presence of which proves that you had chicken pox, but my Doctor told that it is expensive and easiest thing is to just take a shot. (This is what we did for my Sons school admission here, same provision is applicable for immigration I guess)
You need proof that you had chicken pox- a relevant letter or prescription issued at that time. Your Doctor can also order a test to find out the antibodies- the presence of which proves that you had chicken pox, but my Doctor told that it is expensive and easiest thing is to just take a shot. (This is what we did for my Sons school admission here, same provision is applicable for immigration I guess)
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andy garcia
06-15 01:55 PM
No one can travel on EAD. EAD is for employment authorization. AP is for travel. You cant mix and match the purpose of them.
If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.
If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.
You are correct. When I filed on 2005 I did not apply for either AP or EAD. My H1 was valid until May 2007 and I do not intend to change jobs or travel(my country is too dangerous :mad: ).
I am already 55 :rolleyes: and am not going anywhere.
In January 2007 I filed EAD myself and got it approved in 40 days. My lawyer was charging me $400 to file it.
If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.
If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.
You are correct. When I filed on 2005 I did not apply for either AP or EAD. My H1 was valid until May 2007 and I do not intend to change jobs or travel(my country is too dangerous :mad: ).
I am already 55 :rolleyes: and am not going anywhere.
In January 2007 I filed EAD myself and got it approved in 40 days. My lawyer was charging me $400 to file it.
more...
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feedfront
09-12 11:35 PM
On Friday, I got SMS from USCIS that my case is updated and I should check status online. I checked my email. I was happy :) to see an email from USCIS and opened it excitedly with butterfly in stomach. Well it said..
"Your Case Status: Request for Evidence
On September 10, 2010, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires...........
"
Looks like I have to wait more :D
"Your Case Status: Request for Evidence
On September 10, 2010, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires...........
"
Looks like I have to wait more :D
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rb_248
10-01 06:02 PM
EB3 PD never moved beyond 2006 after July 2007. So how come EB3 case are there ?
Good Point. May be error in the data. Who knows????
Good Point. May be error in the data. Who knows????
more...
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TeddyKoochu
10-06 11:50 AM
Many Many congratulations SOP, I have been reading and following your case. Your case is one of the best glowing example that persistence to truth always pays, sometimes the path maybe tough but never give up and never say die. All the best to you and your family, must have been a very special feeling that all the effort finally resulted in success.
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vivache
05-16 02:18 AM
My company will only apply for an EAD for the spouse.
For the employee .. they ask that the h1 be extended.
Now in case I am laid off .. this pretty much puts me in the spot.
I've heard that it is possible to apply for EAD on my own.
1. Any idea if this is true and what info is needed to apply for the EAD.
2. Any issues with having both h1 and EAD?
3. Also if my wife is on EAD .. and I get laid off on h1 and am looking for a job .. what happens to her EAD?
4. If my wife is on EAD .. and I get laid off when on EAD and am looking for a job .. what happens to her EAD? And do i need to seek a smilar position in new company .. or anything works?
Thanks
V
For the employee .. they ask that the h1 be extended.
Now in case I am laid off .. this pretty much puts me in the spot.
I've heard that it is possible to apply for EAD on my own.
1. Any idea if this is true and what info is needed to apply for the EAD.
2. Any issues with having both h1 and EAD?
3. Also if my wife is on EAD .. and I get laid off on h1 and am looking for a job .. what happens to her EAD?
4. If my wife is on EAD .. and I get laid off when on EAD and am looking for a job .. what happens to her EAD? And do i need to seek a smilar position in new company .. or anything works?
Thanks
V
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stuck_here
01-24 01:30 PM
hmmm.. i had noticed that for couple of persons whose approval was done early got their passport immediately but in you case it is not true!! :confused: so I guess it is difficult to decide any pattern.. (i am not sure whether it is related to H1 approval of any specific center.. if we decide some template and ask everyone to post all such details that might help but i am not sure whether everyone will follow that template...) was there anything complex in your case which you think might have caused this problem?
my H1 approval was done in April 2007 and I have my appointment in Feb 1 st week. I will post my details as soon as my interview is done.. Good luck to you..
Thanks and good luck to u too !
I called DOS and they r just saying that they have't gotten to verifying my data yet in PIMS coz it's not yet available.. it's been a month 13 days and counting since my visa appearance..
my H1 approval was done in April 2007 and I have my appointment in Feb 1 st week. I will post my details as soon as my interview is done.. Good luck to you..
Thanks and good luck to u too !
I called DOS and they r just saying that they have't gotten to verifying my data yet in PIMS coz it's not yet available.. it's been a month 13 days and counting since my visa appearance..
milind70
04-17 02:50 PM
I am not yet on EAD have to file 485 yet retrogressed.But from my friends who are on EAD i heard that you are better off applying for EAD six months in advance before the expiry of current EAD.
sheela
11-06 02:31 PM
I spoke to IO this morning regarding NC clearance for my family (7/2 filers). I was told whereas, my derivative's (wife and daughter) names have been cleared but there is no information on my clearance. She furthur told me the names were submitted on 8/30/07 and was told to wait for another month or so.
Guys: What is your take on this? I have started worrying now. Although they say 120 day processing time- My understanding is you are either cleared in few days or get stuck in the hole.
Guys: What is your take on this? I have started worrying now. Although they say 120 day processing time- My understanding is you are either cleared in few days or get stuck in the hole.
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