InTheMoment
02-22 10:54 AM
The best recourse would be to pay the $100 or so and ask a qualified attorney; but from the J-1 cases of friends that I had seen closely here is what I can say:
2.) This unfortunately, I have understood you cannot do without the 2yr residency requirement
3.) Yes, possible
4.) Yes
5.) It needs a lot of planning to fit in the waiver categories whether Conrad 20 state/federal interested agencies. If by some chance it gets messed up, you HAVE to goback for 2 years, irrespective of the fact that you are a benificiary on your husband's Immigration petition. In fact that was the reason my wife went for a H1 sponsoring hospital.
www.o-1eb-1j-1waiverlawyer.com I find is a well known attorney specializing in Physician immigration issues.
2.) This unfortunately, I have understood you cannot do without the 2yr residency requirement
3.) Yes, possible
4.) Yes
5.) It needs a lot of planning to fit in the waiver categories whether Conrad 20 state/federal interested agencies. If by some chance it gets messed up, you HAVE to goback for 2 years, irrespective of the fact that you are a benificiary on your husband's Immigration petition. In fact that was the reason my wife went for a H1 sponsoring hospital.
www.o-1eb-1j-1waiverlawyer.com I find is a well known attorney specializing in Physician immigration issues.
gc@waiting
09-30 08:58 PM
Does anyone have any idea as to if "YATES MEMO(on being able to use AC21 with a pending 140 for 180 days)" is still relevant or overridden by any subsequent memo/law?
tnite
11-14 02:14 PM
Hi,
Do anyone knows what kind of additional information is requested for Travel Document. Here is the message I see online:
Receipt Number: SRCXXXXXXXXXX
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: We mailed you a notice requesting additional evidence.
On November 13, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Possible documents :
1.copies of Old I -94's
2.Color copies of the relevent pages of passport
Do anyone knows what kind of additional information is requested for Travel Document. Here is the message I see online:
Receipt Number: SRCXXXXXXXXXX
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: We mailed you a notice requesting additional evidence.
On November 13, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Possible documents :
1.copies of Old I -94's
2.Color copies of the relevent pages of passport
arnet
09-15 06:17 PM
start your GC process soon. atleast it will take another 5yrs to get it in EB2 category. good luck!!!!!:)
more...
desi3933
02-06 08:12 AM
Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.
......
There is no status during the time I-485 is pending, unless, the person is maintaining other allowed non-immigrant status such as H-1, H-4, L-1, L-2. What commonly referred as "AOS status" is nothing but period of authorized stay.
The pendancy of an affirmative application for adjustment of status is designated as a period of stay authorized by the Secretary of Homeland Security, during which an applicant does not accrue unlawful presence.
http://www.state.gov/documents/organization/87120.pdf
[From the PDF file]
b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" to include:
.......
........
(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated) .....
[pdf]
*******************************************
_________________________
US citizen of Indian origin
Not a legal advice.
......
There is no status during the time I-485 is pending, unless, the person is maintaining other allowed non-immigrant status such as H-1, H-4, L-1, L-2. What commonly referred as "AOS status" is nothing but period of authorized stay.
The pendancy of an affirmative application for adjustment of status is designated as a period of stay authorized by the Secretary of Homeland Security, during which an applicant does not accrue unlawful presence.
http://www.state.gov/documents/organization/87120.pdf
[From the PDF file]
b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" to include:
.......
........
(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated) .....
[pdf]
*******************************************
_________________________
US citizen of Indian origin
Not a legal advice.
bpadala
05-18 01:37 PM
I had the same question and I went with Joseph Kallabhat who was very diigent in answering the query for me. Please email him at joe@insvisa.com and he should respond back in couple of hrs
Thanks alot
Thanks alot
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GCDo
04-24 12:33 AM
My lawyer just informed me that I received an RFE on my wife's 485
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
Nw2GC
04-30 12:16 PM
I was wondering if they have restarted premium processing for I-140 yet?
more...
calboy78
07-27 03:30 PM
EAD is only required if you want to work and you don't have any other document which will allow you to work (e.g. a valid un-expired H1)
Cheers :)
Hi,
My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.
Thanks.
Cheers :)
Hi,
My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.
Thanks.
gcfriend65
12-07 02:50 PM
USCIS is updating their system, starting today evening, till monday morning. Maybe this will take care of the problem.
I got the same message for my I-485 application. I called the customer service representative and she transfered me to Immigration Officer. The Immigration Officer is so kind. He told me that there are two different systems in USCIS , one in mainframe system and another is DB2 System. My case is on Mainframes system so it will get transfered to DB2 System as they have few problems in updating.
I too got my receipt numbers 8 weeks back, but still i am getting the same message.
Thanks,
babu work.
I got the same message for my I-485 application. I called the customer service representative and she transfered me to Immigration Officer. The Immigration Officer is so kind. He told me that there are two different systems in USCIS , one in mainframe system and another is DB2 System. My case is on Mainframes system so it will get transfered to DB2 System as they have few problems in updating.
I too got my receipt numbers 8 weeks back, but still i am getting the same message.
Thanks,
babu work.
more...
roseball
05-04 11:11 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
Yes, you can reply to RFE directly. One of my friends recently got a similar RFE and the RFE included the type of documents to submit. The following is the text from the RFE:
"Submit evidence to demonstrate that your present marriage to XXXX is bonafide. This may be in the form of birth certificates for common children, documentary evidence of joint residence and/or ownership of property, joint income tax returns, joint financial accounts, spousal insurance coverage and other such documentation. If you fail to submit any evience or of you submit insufficient evidence, you application may be considered for denial"
His lawyer is charging him similar fee so mailed all the above mentioned documents directly with a cover letter and copy of the RFE. Hope this helps.
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
Yes, you can reply to RFE directly. One of my friends recently got a similar RFE and the RFE included the type of documents to submit. The following is the text from the RFE:
"Submit evidence to demonstrate that your present marriage to XXXX is bonafide. This may be in the form of birth certificates for common children, documentary evidence of joint residence and/or ownership of property, joint income tax returns, joint financial accounts, spousal insurance coverage and other such documentation. If you fail to submit any evience or of you submit insufficient evidence, you application may be considered for denial"
His lawyer is charging him similar fee so mailed all the above mentioned documents directly with a cover letter and copy of the RFE. Hope this helps.
baburob2
05-30 08:16 PM
make sure you do the transfer to H1B to Company B before Company A revokes the I-140 to be on the safer side and get the 3 year extension. Then you could transfer the old PD on to your new GC you start with company B.
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jeda
10-26 06:36 PM
Thanks everybody for the responses.
imind
03-12 03:54 PM
JUST REQUEST ONLY:
People who are trying to help with info., please provide your practical experience with confident solutions. Otherwise don't scare or hurt the people unnecessarily . Please let us know your source of information before provide any solutions.
Let us make our forum helps people... not scare the people unneccessarily by mensioning incorrect source of info. leads to spoil some lifes.
Thanks for understanding.
People who are trying to help with info., please provide your practical experience with confident solutions. Otherwise don't scare or hurt the people unnecessarily . Please let us know your source of information before provide any solutions.
Let us make our forum helps people... not scare the people unneccessarily by mensioning incorrect source of info. leads to spoil some lifes.
Thanks for understanding.
more...
Green06
10-15 11:35 AM
DMV laws vary from State to State. When I lived in CA they gave me 5+ yrs of DL but In my home state of Minnesota DMV puts status chek date on the DL which is the date of the I94 expiration. They send a letter at home to show the proof of extension otherwise the DL will be cancelled. I am planning to get it extended by using EAD (i haven't received EAD yet and my H1b extension is being applied). I read on Murthy's site that using EAD for DMV pupose doesn't affect the H1b status.
sanjay
02-23 10:35 PM
As far as I know, there is no "filing of AC21 with an attorney". Please be more specific as this is not clear.
AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.
Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.
I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.
AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.
Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.
I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.
more...
smuggymba
10-05 10:50 AM
It would be interesting to know the "process" used to legalize the illegals. If getting a GC when you're illegal is easy, I'd tear my H1 and stand in the USCIS illegal line.
kumkum
08-04 01:46 PM
Thank you very much Mr.sk.aggarwal.i will call them.
rbharol
08-23 04:34 PM
I talked to the contact person at competeamerica.org
According to him They won�t vote on any immigration bills till after the election.
So it seems it will be after november only.
But look at the positive side. We have more time to contact the law makers.
According to him They won�t vote on any immigration bills till after the election.
So it seems it will be after november only.
But look at the positive side. We have more time to contact the law makers.
a_yaja
07-13 11:25 AM
What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.
Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.
Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.
GC_Applicant
04-09 09:38 PM
So what is the roler of a broker/ real estate agent for a buyer.
If I choose to deal directly with the seller, what are the things I need to do myself and can you explain the "attorney" part that you mentioned.
Thanks
and the seller basically prices it into the sale price... which why when buying next time .. i would ask to deal with the seller directly.. get an attorney to do the paperwork and diligence for $600 and ask the seller to keep 1% and give me a 5% discount.lil leg work and you save like 25k on 500k house.
If I choose to deal directly with the seller, what are the things I need to do myself and can you explain the "attorney" part that you mentioned.
Thanks
and the seller basically prices it into the sale price... which why when buying next time .. i would ask to deal with the seller directly.. get an attorney to do the paperwork and diligence for $600 and ask the seller to keep 1% and give me a 5% discount.lil leg work and you save like 25k on 500k house.
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