cool_guy_onnet1
06-04 01:31 PM
Hey,
Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.
Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:
I am applying for premium today- Keeping my fingers crossed as I have to make a trip in last week of June.
Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.
Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:
I am applying for premium today- Keeping my fingers crossed as I have to make a trip in last week of June.
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krishnam70
05-05 01:47 PM
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Bonafide_Marriage
-cheers
kris
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Bonafide_Marriage
-cheers
kris
amitga
10-26 10:27 AM
Hi Seniros
My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
Thank you
Take a five month vacation between now and Apr 30, 2008 and go back to you home country for five months.. Then get you H1 extended for Five month after Apr 30, 2008 till Oct1, 2007. Then apply for extension on Oct 1, 2007. I think this might work. Check with your Attorney.
My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
Thank you
Take a five month vacation between now and Apr 30, 2008 and go back to you home country for five months.. Then get you H1 extended for Five month after Apr 30, 2008 till Oct1, 2007. Then apply for extension on Oct 1, 2007. I think this might work. Check with your Attorney.
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nat23
07-08 03:08 PM
I was watching FOX News this afternoon around 3:00 pm EST and they talked about a Polish Lady sueing the USCIS. Her lawyer was on the show and he talked about the issue. The host then talked to a Congress man (i think it was Tom Lombardo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience". Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.
more...
shana04
05-17 06:27 PM
You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.
She has the second I-94.
I am submitting that, but the RFE said to submit all the documents proving the status from entry till the time we have submitted our I 485 documents
As per your comments, second I-94 is good enough, if that is the case. we are cool, but I would confirm that with attorney and post the details here. so that it would be helpful for others.
Thanks for your reply.
Shana
She has the second I-94.
I am submitting that, but the RFE said to submit all the documents proving the status from entry till the time we have submitted our I 485 documents
As per your comments, second I-94 is good enough, if that is the case. we are cool, but I would confirm that with attorney and post the details here. so that it would be helpful for others.
Thanks for your reply.
Shana
pal351
06-05 06:31 PM
Congrats guys,
I am still waiting I Applied my 8th year Extn on Jan 9th almost 5 Months
Hope i will get this week ..
Raj.
I am still waiting I Applied my 8th year Extn on Jan 9th almost 5 Months
Hope i will get this week ..
Raj.
more...
gconmymind
08-15 02:13 PM
The whole non-compete agreement is a cruel joke on the employee who finds his own project. All these incapable bad desi employers ban the employee from joining the client whom the employee got them in the first place.
I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.
This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.
If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....
I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.
This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.
If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....
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chandra_mb
03-11 08:48 AM
You can get SSN is you could provide a proof that it is required for taking an exam or license. You need to show that the process requires and also get a letter from the license issuer that it required to issue a license.
Thanks vparam ! We will give this a try. Hope they give us an SSN.
Thanks vparam ! We will give this a try. Hope they give us an SSN.
more...
Dhundhun
05-22 01:07 AM
hi thanks your input.
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
I saw your profile. You are from Nepal.
As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).
Your priority date is current.
I hope that they must have sent for Name Check long ago - this should not be blocking.
What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.
For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
I saw your profile. You are from Nepal.
As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).
Your priority date is current.
I hope that they must have sent for Name Check long ago - this should not be blocking.
What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.
For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
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HumHongeKamiyab
03-16 12:37 PM
Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.
expect an RFE in a month or two. Also fill in your profile to help others...
expect an RFE in a month or two. Also fill in your profile to help others...
more...
p_aluri
08-03 06:51 PM
I would say second one is correct...
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
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Raju
04-07 05:06 PM
Is H1/H4 renewal in Mexico also existing instead of homecountry?
But double check with your lawyer...But it might require a US degree(easy to verify for the consulate staff)
But double check with your lawyer...But it might require a US degree(easy to verify for the consulate staff)
more...
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gaffarkhan
07-16 02:03 PM
Sent I-140 on October 2nd. Status showing as it's recd. Anybody's I-140 approved in that range?
Thanks,
GK
Thanks,
GK
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sweet_jungle
10-05 11:08 PM
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
more...
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485Mbe4001
10-24 01:08 PM
Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.
My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.
I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.
Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN
I have couple of friends who have claimed like this....
if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....
My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.
I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.
Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN
I have couple of friends who have claimed like this....
if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....
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krishna_brc
07-06 11:18 AM
I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.
Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.
Not to panic. As said by "trump_gc" prepare an affidavit explaining the correct name and ask the attorney to send an amendment request on 485 if name has to be changed along with all supporting documents and explaining the current situation.
Also please let us know your Priority Date and Receipt Date of I-485 and service center, this helps members of IV understand what PD and RD currently uscis is reviewing.
Thanks,
Krishna
Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.
Not to panic. As said by "trump_gc" prepare an affidavit explaining the correct name and ask the attorney to send an amendment request on 485 if name has to be changed along with all supporting documents and explaining the current situation.
Also please let us know your Priority Date and Receipt Date of I-485 and service center, this helps members of IV understand what PD and RD currently uscis is reviewing.
Thanks,
Krishna
more...
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vin13
10-29 11:11 AM
Thanks everybody for the responses.
Make sure you keep a record of the AR11 confirmation number after submitting. USCIS is pretty bad at updating the records. So it is good to prove that you have done your part by showing the confirmation number if necessary.
Make sure you keep a record of the AR11 confirmation number after submitting. USCIS is pretty bad at updating the records. So it is good to prove that you have done your part by showing the confirmation number if necessary.
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go_guy123
10-02 02:06 PM
Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
You did the right thing. I know a friend of mine who got their GC though they had Canada PR. They made it a point to officially surrender the PR.
Because they wanted no mess-up with the GC. Keeping a Canada PR conflicts with the intent of living in US permanently (needed to maintain GC).
Most people dont realize that GC is not the end of story. GC is yet another type of
immigration status and one can lose that as well. In the post Sep11 round-up a lot of people have lost or went close to losing their GC when US govt did a massive crackdown on immigrants.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
You did the right thing. I know a friend of mine who got their GC though they had Canada PR. They made it a point to officially surrender the PR.
Because they wanted no mess-up with the GC. Keeping a Canada PR conflicts with the intent of living in US permanently (needed to maintain GC).
Most people dont realize that GC is not the end of story. GC is yet another type of
immigration status and one can lose that as well. In the post Sep11 round-up a lot of people have lost or went close to losing their GC when US govt did a massive crackdown on immigrants.
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thepaew
02-09 01:41 PM
Hello Pappu,
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
simon03
07-14 12:24 PM
Can someone please confirm the renewal fee required for EAD application (I-765).
My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.
My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.
In 2008, I paid the renewal fee when I applied on my own.
My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do
1. Is there a chance that my EAD application will be approved without fee ?
2. Should I just send checks and write cover letter on why fee is required ?
3. Should I send another application, but this time with the fee ?
Should I
My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.
My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.
In 2008, I paid the renewal fee when I applied on my own.
My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do
1. Is there a chance that my EAD application will be approved without fee ?
2. Should I just send checks and write cover letter on why fee is required ?
3. Should I send another application, but this time with the fee ?
Should I
kedrex
02-10 09:37 PM
I was in a similar situation and sponsored my parents, sister and bro in law. The univ. graduation letter made a big difference and they got their visa.
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