cest la vie
01-28 04:24 AM
Hi...I went to the USA in Dec 05, with a J1 visa, in may 06 after i applyed for changing of status to B2 visa, I got it denied and the letter said I should leave usa. I didnt, staying there until aug 07 (more than 1 year). my visa expired in apil 06 and the letter from uscis i got in may 06. they wrote in my I-94 cos denied 04-18-06. I didnt give back my I-94 when i left the USA. I want to know what are my chances to get a L2 visa (my husband is applying for L1 visa). I also have a second nationallity, can it help me somehow?
Please, I really need someone to help me with thses doubts.thank you very much.
Please, I really need someone to help me with thses doubts.thank you very much.
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txGuy
07-17 09:02 PM
what number did you call to request FP? please share.
Thanks.
Thanks.
wandmaker
10-23 01:39 AM
USCIS will send 2 FP notices for the same appointment date & time, If you have filed G28 for your I-485, one to your attorney and one to you.
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realizeit
06-10 12:46 PM
From Oh:
06/10/2008: USCIS to Issue Multiple-Year EAD for I-485 Waiters at End of June 2008!
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing multiple year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
http://www.immigration-law.com/
FROM DHS Secretary Chertoff
.... I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.
This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there. ....
Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
06/10/2008: USCIS to Issue Multiple-Year EAD for I-485 Waiters at End of June 2008!
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing multiple year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
http://www.immigration-law.com/
FROM DHS Secretary Chertoff
.... I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.
This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there. ....
Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
more...
jkays94
05-28 11:12 AM
^^^^
deecha
06-28 03:16 PM
Hi:
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
It is going to be difficult. She has to come in on some kind of dual-intent visa. She could come in on a student visa but would be difficult to prove that she does not intend to immigrate in the interview if they find out about your I-485. Alternatively, you would have to get a H1 and she would have to come in on a H4.
This is not legal advice, please consult a lawyer for your specific case.
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
It is going to be difficult. She has to come in on some kind of dual-intent visa. She could come in on a student visa but would be difficult to prove that she does not intend to immigrate in the interview if they find out about your I-485. Alternatively, you would have to get a H1 and she would have to come in on a H4.
This is not legal advice, please consult a lawyer for your specific case.
more...
wandmaker
11-25 07:15 PM
clarify21: You can not have two status (ead & h1b) at the same time. Either your are on H1B or EAD (Pending AOS). If you would like to maintain the H1B status, for the part time job, you will have to ask your part time employer to do the new H1B; by having two H1Bs you can work for two employers the same time. By doing this, H1B and EAD both are valid. The moment you use EAD, your H1B status is invalid. Have a talk with your attorney. Hope this helps.
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hi there
10-18 07:18 PM
yes, I was talking about H1b stamping! Thanks for your reply. That means I need to e-mail them to get an interview slot for my H1b stamping. I don't see any available slots from VFS website for December.
Thanks once again!
Thanks once again!
more...
asdfred
06-08 11:18 PM
I do not think today is the day and tomorrow does not look any better..for Comprehensive Reform or Employment based reform..All we can do today here is just show some support to each other at IV
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ivgclive
04-06 06:47 PM
My mother scheduled a trip to USA on May 1st. I am concerned about her passport. Her old passport got wet on the borders of the first two and last two pages. VISA was stamped in the old passport which seems to be safe. I do not see any wet appearance on the borders of the VISA page. The old wet passport expired anyway. And she got new one. Will it be safe to travel with these two passport having wet old passport containing VISA stamp? Thanks.
It may sound harsh.
Airlines will no longer take responsibility over the travel documents.
Considering her age and POE situation, you should think about transfering VISA to the new passport. What would be the expense, $150? It is worth.
They are old. Make their travel comfortable, convenient, enjoyable and most importantly secured.
It may sound harsh.
Airlines will no longer take responsibility over the travel documents.
Considering her age and POE situation, you should think about transfering VISA to the new passport. What would be the expense, $150? It is worth.
They are old. Make their travel comfortable, convenient, enjoyable and most importantly secured.
more...
puddonhead
02-28 02:08 PM
Changing from L1 to H1 has nothing to do with your GC process.
Since you have L1 - you have most probably worked outside the US for at least 1 year with your employer. If this 1-year stint was at a managerial capacity (5-6 people reported to you at least, and you are at least 2-3 positions removed from the entry level) and was within the last 3 years - then you can apply in EB1 category.
I changed from L1-H1 as well. I was not able to apply in EB1 since my 1-year stint was outside the 3 year window.
Whether you can apply in EB1 or not has no connection with whether you are on L1, H1 or even outside the country. The EB1 requirements are similar to L1requirements (in fact identical to L1A requirements) - and that is why you see lots of L1A guys getting their GC early. There is a definite correlation - but no causation.
Since you have L1 - you have most probably worked outside the US for at least 1 year with your employer. If this 1-year stint was at a managerial capacity (5-6 people reported to you at least, and you are at least 2-3 positions removed from the entry level) and was within the last 3 years - then you can apply in EB1 category.
I changed from L1-H1 as well. I was not able to apply in EB1 since my 1-year stint was outside the 3 year window.
Whether you can apply in EB1 or not has no connection with whether you are on L1, H1 or even outside the country. The EB1 requirements are similar to L1requirements (in fact identical to L1A requirements) - and that is why you see lots of L1A guys getting their GC early. There is a definite correlation - but no causation.
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tempgc
10-17 02:25 PM
Thanks vaishu
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lenkasz
01-13 06:46 PM
Hi,
I entered us on J-1 visa, then changed my status here to F-1. I went to school only for one semester, then I had to take off because of pregnancy, and later taking care of newborn twins. So, I had been out of school for 3 semesters. But my international student advisor told me I could still come back now without having to apply for reinstatement.
I don't know how he did it, but he said he had given me some extensions.
Anyway, i would like to travel home (Europe) after next semester. I know I willl have to apply for student visa over there to ba able to come back.
But might there be a problem either with obtaining that visa or here at the airport because I had been out of school for so long and have already kids who are american citizens. Their father is US citizen too, but we can not get married right now, as he is still not divorced.
Thank You
I entered us on J-1 visa, then changed my status here to F-1. I went to school only for one semester, then I had to take off because of pregnancy, and later taking care of newborn twins. So, I had been out of school for 3 semesters. But my international student advisor told me I could still come back now without having to apply for reinstatement.
I don't know how he did it, but he said he had given me some extensions.
Anyway, i would like to travel home (Europe) after next semester. I know I willl have to apply for student visa over there to ba able to come back.
But might there be a problem either with obtaining that visa or here at the airport because I had been out of school for so long and have already kids who are american citizens. Their father is US citizen too, but we can not get married right now, as he is still not divorced.
Thank You
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radhay
01-09 01:33 PM
I dont think there are hard and fast rules for interview. Some cases were transfered to NBC(National Benefit Center) to share the workload and some they had questions about the case. In my case , the interviewer told me that possible reason is there is a note in my case that said "Not working for the sponsor" which is a geniune question since I wasn't working for employer when 485 is filed. They could have issued RFE instead.
I think this delayed my case otherwise I would also be one of the lucky guys who got their 485s approved this last summer. In general it should be a good thing for you to know that your case is being worked on. Since now that there are no visas available , any temporaray delay shouldnot matter.
I think this delayed my case otherwise I would also be one of the lucky guys who got their 485s approved this last summer. In general it should be a good thing for you to know that your case is being worked on. Since now that there are no visas available , any temporaray delay shouldnot matter.
more...
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05-25 08:30 AM
As the H1B season (http://www.h1b.biz/lawyer-attorney-1137085.html) still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are "employed at" cap exempt facilities.
The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.
VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:
* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.
All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.
More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)
The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.
VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:
* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.
All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.
More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)
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anilkumar0902
08-15 12:52 AM
Thank you for the response dentist1.
I am not sure on how to interpret LUD, here is the summary
1. 485 received date Aug/1/2007, notice date Sep/27/2007 - for all three of us.
2. We applied for a change of address in May/2009 and received acknowledgement from USCIS in June/2009 - for all three of us.
3. My son's RFE response acknowledgement dated July/2009.
Please help me to figure out LUD for our applications.
Thanks
LUD : Last Update Date
It shows up while you check your case status. You can easily see all of them, if you sign up for case updates on the USCIS website..It is very easy to set-up as you can see for yourself.
Good luck for next month
Cheers
I am not sure on how to interpret LUD, here is the summary
1. 485 received date Aug/1/2007, notice date Sep/27/2007 - for all three of us.
2. We applied for a change of address in May/2009 and received acknowledgement from USCIS in June/2009 - for all three of us.
3. My son's RFE response acknowledgement dated July/2009.
Please help me to figure out LUD for our applications.
Thanks
LUD : Last Update Date
It shows up while you check your case status. You can easily see all of them, if you sign up for case updates on the USCIS website..It is very easy to set-up as you can see for yourself.
Good luck for next month
Cheers
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grupak
03-28 05:45 PM
Thank you. So we do have to answer "Yes" to all the 3 questions!
I think so, if an I-485 has been applied for the dependent.
I think so, if an I-485 has been applied for the dependent.
sukisharma
07-21 10:11 AM
In the 485 filings for me and my wife, my divorce certificate for my previous marriage was put in my files but it should have been with my wife's file per 485 intruction because she is the derivative applicant. If USCIS can't find it in my wife's file, will USCIS look for it in my file since we filed together?
To fix the problem, could we resubmit my wife's 485 now and withdraw the one just submitted even though we don't have the receipt for it yet? or should we wait until we get receipt for the one just submitted and then resubmit her 485 application when my PD become current again? or could we just submit the missing file after we get the receipt and my PD becomes current?
Your help is greatly appreciated.
To fix the problem, could we resubmit my wife's 485 now and withdraw the one just submitted even though we don't have the receipt for it yet? or should we wait until we get receipt for the one just submitted and then resubmit her 485 application when my PD become current again? or could we just submit the missing file after we get the receipt and my PD becomes current?
Your help is greatly appreciated.
Matloob
08-30 02:28 PM
Please help me out here.
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
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