njdude26
07-02 08:34 AM
I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
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sbabunle
09-14 06:28 PM
Who will help us? Dems or Reps?
SKILL is introduced by Reps in both houses. Anybody has any
idea what Dems think about SKILL? Its all confusing to me.
If Dems take congress, I think they may not worry about SKILL
since there is no bipartisan support for the moment. What you guys
think of it?
SKILL is introduced by Reps in both houses. Anybody has any
idea what Dems think about SKILL? Its all confusing to me.
If Dems take congress, I think they may not worry about SKILL
since there is no bipartisan support for the moment. What you guys
think of it?
OLDMONK
06-18 06:55 PM
Remember, everthing copy. Nothing Original. don't send your original I-94, but a copy.
I think if affidavits of Marriage and Birth are submitted, those would have to be originals.
I think if affidavits of Marriage and Birth are submitted, those would have to be originals.
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vijayfx35
03-02 06:16 PM
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
more...
jungalee43
01-11 03:27 PM
Nice to know and good luck to all of you. Hope it helps.
vroapp
02-22 10:26 AM
1--> you should qualify for a J1 as 140 is filed by your Husband's employer; better check with an attorney.
2--> HRR applies and hence you have to get a waiver to file 485 after completion of your Residency.
3--> Once your status changes to J1; HRR applies.
5--> depends on the specialty.
2--> HRR applies and hence you have to get a waiver to file 485 after completion of your Residency.
3--> Once your status changes to J1; HRR applies.
5--> depends on the specialty.
more...
va_dude
03-25 02:32 PM
so what's the problem here.
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
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LostInGCProcess
10-24 12:58 PM
I also have notarized passport, etc, but one of the tax consultants told me that the ITIN cannot be filed now, and when I file my 2008 returns in 2009, I need to apply for the ITIN along with the taxreturn and paperfile. Has anybody else applied ITIN before filing tax return ?
This is true...and this is what my tax guy told me and I did the same, last year..you file the ITIN along with the Tax returns...got some relief from the tax. :)
This is true...and this is what my tax guy told me and I did the same, last year..you file the ITIN along with the Tax returns...got some relief from the tax. :)
more...
franklin
06-15 04:45 PM
Even PERM is Baclogged.......per my lawyer Atlanta is taking 6 months.....Amazing
that is not a backlog in the sense of retrogression based backlog. That is like any other processing time for any other type of application
that is not a backlog in the sense of retrogression based backlog. That is like any other processing time for any other type of application
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ajp5
10-20 01:36 AM
Thx for response.
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
You might need it.....you might not..When it comes to USCIS even God will not be able to predict. They might issue an RFE, might not. However, if you are with a bodyshopper and in IT I believe its common nowadays for USCIS to ask for 2 years W2s and recent paystubs to make sure you have maintained H1b Status.
6+ months without paystubs - you should be ready to explain if they ask. I empathize with your situation. Running payroll taxes for an entire year is crazy...approx 20k..not to mention "ILLEGAL". My suggestion - try and find a project asap. Do what you think needs to be done.......Dont loose sleep over something you cannot predict. Everyone needs a break and you might get yours sooner than you think. Hang on..........ATB.
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
You might need it.....you might not..When it comes to USCIS even God will not be able to predict. They might issue an RFE, might not. However, if you are with a bodyshopper and in IT I believe its common nowadays for USCIS to ask for 2 years W2s and recent paystubs to make sure you have maintained H1b Status.
6+ months without paystubs - you should be ready to explain if they ask. I empathize with your situation. Running payroll taxes for an entire year is crazy...approx 20k..not to mention "ILLEGAL". My suggestion - try and find a project asap. Do what you think needs to be done.......Dont loose sleep over something you cannot predict. Everyone needs a break and you might get yours sooner than you think. Hang on..........ATB.
more...
p7810456
06-22 07:55 PM
If i were you,I will prioritize what i want ?Filing 485 or a Married Name.If you want to change your name it can be done on any day after getting the GC ,after becoming a Citizen.
Royus.. said it right. I don't think changing the last name before GC is a "must". Name can be changed at anytime after GC is done.. even if taking GC takes few years. There are millions of couple in US where husband and wife uses different last name. My wife has been the same way for last 7 years.. and never faced any issue. She got it changed last year just for grins.
Royus.. said it right. I don't think changing the last name before GC is a "must". Name can be changed at anytime after GC is done.. even if taking GC takes few years. There are millions of couple in US where husband and wife uses different last name. My wife has been the same way for last 7 years.. and never faced any issue. She got it changed last year just for grins.
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shana04
02-01 06:07 AM
There is a seperate thread on this. Look it up.
My 2 c:
- Stay away from Murthy. They've screwed up at least 2 cases that I know of. And their response is slow.
- Thomas Fan in MD: Run like you've seen the devil. I have no idea why malpractice suits has not been filed against him yet.
- Clark Trevor in CA - Guy is awesome but expensive.
- Ellen Krengel in CA - Decent.
- Gowda in MI - Slow, inefficient.
- Rajeev Khanna - seems to be good, efficient and responsive.
- Jon Wu, CA - Slow as hell but knows the ins/outs
I gave you points.
I do not care about money right now. All I need is a good attorney where I can sleep happily for some time. I will try Rajiv kahana, then.
One of my friend also got his GC from Rajiv kahana.
Thanks my friend.
My 2 c:
- Stay away from Murthy. They've screwed up at least 2 cases that I know of. And their response is slow.
- Thomas Fan in MD: Run like you've seen the devil. I have no idea why malpractice suits has not been filed against him yet.
- Clark Trevor in CA - Guy is awesome but expensive.
- Ellen Krengel in CA - Decent.
- Gowda in MI - Slow, inefficient.
- Rajeev Khanna - seems to be good, efficient and responsive.
- Jon Wu, CA - Slow as hell but knows the ins/outs
I gave you points.
I do not care about money right now. All I need is a good attorney where I can sleep happily for some time. I will try Rajiv kahana, then.
One of my friend also got his GC from Rajiv kahana.
Thanks my friend.
more...
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DareYouFireMe
02-19 12:29 PM
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
I-140s are never downgraded. During LC approval dept may say - looking into job requirements it can be only approved in EB3. of course, you have opportunity to challenge/substantiate your claim for EB2
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
I-140s are never downgraded. During LC approval dept may say - looking into job requirements it can be only approved in EB3. of course, you have opportunity to challenge/substantiate your claim for EB2
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karan2004m
12-01 03:46 PM
I have the exact same scenario :(
i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.
i don't think anyone would be able to use first EAD filed during July/Aug time frame as I-140 itself will take more than 1 yr.. or longer who knows...money wasted on EAD.
more...
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sunny1000
10-14 12:51 AM
My girlfriend is an Australian citizen and I am an Indian citizen.
Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.
Her parents have greencards too.
She believes her greencard was filed for her by her uncle after he got his US Citizenship.
1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )
Does she or does she not have a green card in her hand?
We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.
This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?
2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?
Yes.
I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.
Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?
All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?
3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.
However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.
Not true.
Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?
Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card
4. Are not all greencards created equal?
Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.
5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?
If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.
Any special serial numbers/markings/etc?
I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated
Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.
Read between the lines for answers.
Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.
Her parents have greencards too.
She believes her greencard was filed for her by her uncle after he got his US Citizenship.
1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )
Does she or does she not have a green card in her hand?
We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.
This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?
2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?
Yes.
I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.
Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?
All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?
3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.
However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.
Not true.
Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?
Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card
4. Are not all greencards created equal?
Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.
5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?
If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.
Any special serial numbers/markings/etc?
I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated
Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.
Read between the lines for answers.
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newuser
05-13 09:09 AM
Still waiting - 06/05/2011 NSC
more...
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rcauvery
10-02 03:21 PM
Like I mentioned in my earlier post, after extensive research we found the best deal for ppl in H1 at https://www.accessgroup.org/AppSecure/Loan_Terms/federal-private-loan-terms.aspx
PS - This is in no way a promotion for accessgroup, I am just sharing the result of our several hours of research.
Can you please provide some more information on applying for a student loan without a co-signer, when you are not a GC holder or US Citizen? Thanks
PS - This is in no way a promotion for accessgroup, I am just sharing the result of our several hours of research.
Can you please provide some more information on applying for a student loan without a co-signer, when you are not a GC holder or US Citizen? Thanks
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reddymjm
05-05 04:27 PM
You will get your GC before your AP and EAD for sure. You missed the 2 year EAD and AP man. ;)
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acruix
07-13 04:05 PM
http://www.immigrantslist.org/page/petition/Chertoff
va_labor2002
09-25 12:36 PM
Any comments from Core Team regarding contacting Rajiv ? His parents are immigrants from India,so he will understand the sufferings of legal immigrants !
I think it is better to contact him.
Guys...Any comments ?
I think it is better to contact him.
Guys...Any comments ?
milind70
08-07 09:28 PM
Hi guys,
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
It is based on where you live or what is your current address
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
It is based on where you live or what is your current address
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
