blogger
06-24 11:25 AM
I agree with you.
We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You�re Thoughts please?
It is better to contact a attorney or other relavent family/marraiage law counsulars. It is very important. USCIS treats if vigorosly this issue, as marriage realted fraud is very high in immigration benefits, particularly in FB catagory.
We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You�re Thoughts please?
It is better to contact a attorney or other relavent family/marraiage law counsulars. It is very important. USCIS treats if vigorosly this issue, as marriage realted fraud is very high in immigration benefits, particularly in FB catagory.
wandmaker
06-19 08:04 AM
This document is mandatory - why don't you either ask your lawyer for a copy or call up USCIS and explain the case. Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.
Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
anishNewbie
01-07 03:40 PM
Thank you.. I guess i will just mail my application... So if my application is received before end of OPT date..That would be fine right.. I hope it doesn't matter when they start processing ??
Could someone answer my below question please ??
Also my another question is with Form I-765
Question 11. Date you applied for previous EAD ??
OPTIONS:
Notice Date
Receipt Date
StartDate of Previous OPT
ExpiryDate of Previos OPT
Granted Date(How do i know that??)
Received Date
Thank you...
Could someone answer my below question please ??
Also my another question is with Form I-765
Question 11. Date you applied for previous EAD ??
OPTIONS:
Notice Date
Receipt Date
StartDate of Previous OPT
ExpiryDate of Previos OPT
Granted Date(How do i know that??)
Received Date
Thank you...
AZ_GC
08-27 05:23 PM
No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).
Thanks,
Jayant
I agree this is illegal and there have been many cases where applications have been denied for fraud. I knwo that is not your intention but USCIS considers this sort of "arrangement" a fraud.
Thanks,
Jayant
I agree this is illegal and there have been many cases where applications have been denied for fraud. I knwo that is not your intention but USCIS considers this sort of "arrangement" a fraud.
more...
syedajmal
08-14 03:03 PM
I e-filed both my EAD and AP. My EAD has been approved while I just recieved an RFE for Photos for AP. I was under the same assumption and did not send in the photos earlier. I did send it now with the RFE.
My 2 cents, When they ask for something give it to them. I mean if they need to take fingerprints every year with EAD, this is much less stupid.
My 2 cents, When they ask for something give it to them. I mean if they need to take fingerprints every year with EAD, this is much less stupid.
xela
11-11 10:04 AM
Can any one explain to me why EB3 ROW does not move at all.
There cannot be that many 2002 cases left in that category??????
Just seems strange to me.
There cannot be that many 2002 cases left in that category??????
Just seems strange to me.
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Widget
05-25 06:51 PM
What about validating the visas in the US? I think it was some where in Brownback amnd.
Some of the salient points concerning legal immigrants in the CIR bill in its current form:
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
Some of the salient points concerning legal immigrants in the CIR bill in its current form:
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
shimul99
09-20 04:04 PM
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002. What is the way it suppose to be?
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
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clockwork
07-18 05:03 PM
Enjoy! :) Only 5 files max allowed. Please follow up the next post.
amalshe
12-09 06:13 PM
PhD in Business from an accredited US institution; currently working as Asst Prof.
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EB3_SEP04
06-30 01:04 AM
Quetion 11 on the EAD form 765 asks:
Have you ever before applied for EAD from USCIS: Yes
"Which USCIS Office?" : ??????????????
how can i find out which USCIS office my prev (first) EAD application was sent to? I'm a July filer, when i applied for 485 and EAD i lived in NJ and my employer was in NJ as well. The receipt notice of EAD application came from California Service Center. and there is nothing on the EAD card about which office it was approved by. The 485/EAD/AP all was filed by my employer's attorney, they will not respond to my questions anymore. i don't think i have copy of the EAD application send last year july. Anybody got older version of I-765, older than "7/30/07" edition?
What to write? folks, please respond ASAP, i plan to file on Monday(6/30) morning.
Thanks in advance!
Have you ever before applied for EAD from USCIS: Yes
"Which USCIS Office?" : ??????????????
how can i find out which USCIS office my prev (first) EAD application was sent to? I'm a July filer, when i applied for 485 and EAD i lived in NJ and my employer was in NJ as well. The receipt notice of EAD application came from California Service Center. and there is nothing on the EAD card about which office it was approved by. The 485/EAD/AP all was filed by my employer's attorney, they will not respond to my questions anymore. i don't think i have copy of the EAD application send last year july. Anybody got older version of I-765, older than "7/30/07" edition?
What to write? folks, please respond ASAP, i plan to file on Monday(6/30) morning.
Thanks in advance!
GCeffect
10-10 03:10 PM
My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?
When should i have to renew my AP?
How long does it going to take?
Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?
When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?
Your answer is always appreciated
Thanks Ahead
EB3...ROW
PD May 2006
When should i have to renew my AP?
How long does it going to take?
Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?
When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?
Your answer is always appreciated
Thanks Ahead
EB3...ROW
PD May 2006
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hpandey
04-13 02:16 PM
COngratulations on finishing the long journey !! Keep visiting IV :)
BharatPremi
07-22 01:55 AM
My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?
Thanks for your input.
Solong:confused:
Yes you can file your 485. Just tell your lawyer not to forget to attach the H1 extension application receipt.
Thanks for your input.
Solong:confused:
Yes you can file your 485. Just tell your lawyer not to forget to attach the H1 extension application receipt.
more...
pd_recapturing
08-14 10:45 PM
How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.
leo_loco
10-22 10:30 AM
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
I have a confusion. My H1 stamp on passport is expired but I have valid H1 document untill December 2008. Can I go for stamping with valid H1 document?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
I have a confusion. My H1 stamp on passport is expired but I have valid H1 document untill December 2008. Can I go for stamping with valid H1 document?
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Shenner
06-04 06:19 PM
We have been seeing a lot of these as of late. For example, I represent many companies who are actually agents; ie, a staffing agency who places speech therapists or nurses. The USCIS is now seeking to show that the beneficiary is actually on payroll and that the staffing company is in existence and that the location where the beneficiary will work is actually in existence. They have also been asking for copies of the contracts between the staffing agency and the place where the alien will work. Although it seems like they are asking for a lot, it does make sense in light of the immigration laws for H-1bs. A lot of abuse went on in the past in this visa categories espcially with staffing agencies etc. They would bring in nurses, etc. and then not place them anywhere! These people would pay and get a visa, enter the US, and when they reported for work were told there was no job for them and then they had no place to go. I believe it is in response to these abuses why we are seeing this now.
atlgc
09-22 05:56 PM
i do not think its any issue.go for it ..:mad::p:D
bestia
03-12 03:18 PM
Both lawyers are right. To get the correct answers you have to be asking correct questions.
If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.
From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.
The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.
If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.
From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.
The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.
phillyag
02-12 03:36 PM
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
gcnirvana
06-22 01:04 PM
Hi,
I was in a similar situation back in 2006. I got my visa stamping for my future H1-B but at the POE, the officer stamped my I-94 only till the end of current H1-B. But he mentioned that I can go to the nearby CBP office and get it changed once my current H1-B expires. And I did exactly the same. No issues.
Go ahead and enjoy your vacation.
Thanks!
I was in a similar situation back in 2006. I got my visa stamping for my future H1-B but at the POE, the officer stamped my I-94 only till the end of current H1-B. But he mentioned that I can go to the nearby CBP office and get it changed once my current H1-B expires. And I did exactly the same. No issues.
Go ahead and enjoy your vacation.
Thanks!
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