gccovet
01-14 09:50 AM
I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.
So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.
Hope this helps...
Yup, I had the same info conveyed to me via lawyer.
One more thing to note, in case of denial, hang on to the I-539 receipt, denial notice etc. this will help your parent/s to present their case whenever they go for new VISA after existing(assuming 10 yr. Multiple) expires. This will help them prove that they did not overstay illegally.
HTH
GCCovet.
So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.
Hope this helps...
Yup, I had the same info conveyed to me via lawyer.
One more thing to note, in case of denial, hang on to the I-539 receipt, denial notice etc. this will help your parent/s to present their case whenever they go for new VISA after existing(assuming 10 yr. Multiple) expires. This will help them prove that they did not overstay illegally.
HTH
GCCovet.
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chanduv23
08-02 05:55 PM
Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
Same day passport collection - you gotta be lucky to get it on the same day.
Passports arrive at VFS in batches every 2 hours or so, in general, you get it the next day, you maybe lucky and get it the same day.
You have to wait from 2 to 4 pm at VFS office for passports to arrive in Alwarpet.
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
Same day passport collection - you gotta be lucky to get it on the same day.
Passports arrive at VFS in batches every 2 hours or so, in general, you get it the next day, you maybe lucky and get it the same day.
You have to wait from 2 to 4 pm at VFS office for passports to arrive in Alwarpet.
OLDMONK
07-18 02:05 PM
If Skill Bill passes eventually, won't EB2 be beneficial over EB3.
I used my EB2 (jan 2006) over EB3 (March 2005)
I used my EB2 (jan 2006) over EB3 (March 2005)
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GKBest
10-30 06:24 PM
I may have to use it for work from January as I am invoking AC21. I am confused now whether to re-apply or just use it like as it is.
My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?
Gurus please advise.
http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1
My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.
My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?
Gurus please advise.
http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1
My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.
more...
anu_t
08-27 02:08 PM
The new job role must have a 50% different job duties and if it does have a requirement of EB2 then it is possible.
With the same job role it is not Possible .
With the same job role it is not Possible .
sts_seeker
07-05 05:09 PM
Hey guys,
See guys, My original LC was approved with PD of 2003 from this same company but I-140 was denied due to A2p and now is in appeal. This lc sub is from other worker with lower salary and he left the company 3 yrs ago and I am still working here. It's not like a desi consultancy where they sell approved labor, hold your h1 so you can't transfer your h1, get pay cut and put innocent people's status in jeopardy and create problem for everyone else who want to do LC sub in a honest way. It's a genuine LC substitution and I want to do it as long as the law allow me to do that.
I am also fraustrated with USCIS messed up policy of doing whatever they want and hopefully something will work out for all of us in good way!
thanks
See guys, My original LC was approved with PD of 2003 from this same company but I-140 was denied due to A2p and now is in appeal. This lc sub is from other worker with lower salary and he left the company 3 yrs ago and I am still working here. It's not like a desi consultancy where they sell approved labor, hold your h1 so you can't transfer your h1, get pay cut and put innocent people's status in jeopardy and create problem for everyone else who want to do LC sub in a honest way. It's a genuine LC substitution and I want to do it as long as the law allow me to do that.
I am also fraustrated with USCIS messed up policy of doing whatever they want and hopefully something will work out for all of us in good way!
thanks
more...
number30
04-09 06:28 PM
If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
That is Wrong. He can enter on H1 still maintain I-485. H1 can be from any compnay.There is reason why H1 is called as dual intent visa.
That is Wrong. He can enter on H1 still maintain I-485. H1 can be from any compnay.There is reason why H1 is called as dual intent visa.
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chanduv23
04-26 03:33 PM
My CTO had a fake resume which said he worked at NASA and studied at MIT. When they ran a background check, everything was false. He was fired. He is a US citizen
more...
ivgclive
04-23 03:51 PM
I haven't received it yet. I was looking for anyone who had a similar situation. Why would they require more evidence for a 3 year old boy??? They approved the rest of my family yesterday and sent cards for production notice but my 3 year old got an RFE.
Who told you that RFE's are only for ages 10 and above?
They have rights to send RFE's to an infant, asking what star he/she was born in.
Do not create a thread untill you get your RFE at your hand.
Who told you that RFE's are only for ages 10 and above?
They have rights to send RFE's to an infant, asking what star he/she was born in.
Do not create a thread untill you get your RFE at your hand.
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chanduv23
03-31 02:52 PM
Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.
more...
easygoer
10-09 06:17 PM
Can IV core put some light on -
Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?
If NO, any way to add that in?
Thank!
Is there any plan by IV for quarterly spillover. We could do it collectively like send letters to senators or Ombudsman?
Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?
If NO, any way to add that in?
Thank!
Is there any plan by IV for quarterly spillover. We could do it collectively like send letters to senators or Ombudsman?
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bluekayal
09-19 02:17 PM
I am in a tricky situation. Filed concurrent I-140 and I-485 (Schedule A Group 2..exceptional ability in the arts and science) ... 8/2006.
In the meanwhile a labor cert as well- PD 8/ 2004 was approved in 2006 and I recieved an updated I-140 using the old priority date, ie. 2004. Now after 2 years the TSC is adamant that my PD is 2006 not 2004 and have given me yet another "corrected" I-140 with 2006 PD.
One lawyer said I could cite "affirmative misconduct" and request the supervisor of the I-140 section to consider and accept the late filing on the basis of affirmative misconduct. If not for the earlier I-140 with 2004 PD we would have filed another I-140. So their affirmative mistake cost us 2 years in a category so backlogged already. (I am EB 2 India).
My lawyer says we will not win and does not want to do it. Any advice?
In the meanwhile a labor cert as well- PD 8/ 2004 was approved in 2006 and I recieved an updated I-140 using the old priority date, ie. 2004. Now after 2 years the TSC is adamant that my PD is 2006 not 2004 and have given me yet another "corrected" I-140 with 2006 PD.
One lawyer said I could cite "affirmative misconduct" and request the supervisor of the I-140 section to consider and accept the late filing on the basis of affirmative misconduct. If not for the earlier I-140 with 2004 PD we would have filed another I-140. So their affirmative mistake cost us 2 years in a category so backlogged already. (I am EB 2 India).
My lawyer says we will not win and does not want to do it. Any advice?
more...
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pleaseadviseme
09-23 12:56 AM
Thank you very much for the quick reply!
I just got some feedback from my employer.
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
Thank you so much again, you have been a really helpful attorney.
I just got some feedback from my employer.
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
Thank you so much again, you have been a really helpful attorney.
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pd_recapturing
09-23 11:03 PM
I am July 23rd concurent Filer (Texas service Center), day before yesterday received FP notice but no other reciepts. wrote email to Lawyer to update.
Did your checks get encashed ?
Did your checks get encashed ?
more...
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chanduv23
03-31 01:55 PM
I am a July 2nd filer and I attended 485 interview in local field office in Dec 2008. A week back they sent me a denial notice cliaiming I filed the application when my priority date was not current which is an error on their part.
So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).
$585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.
I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?
The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.
The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.
You are so close to GC - why take risks?
On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.
So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).
$585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.
I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?
The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.
The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.
You are so close to GC - why take risks?
On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.
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anilsal
06-14 11:13 PM
Think based on G-28 form, receipts for 485 will go to ur atty.
more...
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summitpointe
04-09 12:07 PM
Planning to use AC21 Portability and work on EAD.
If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.
Thanks in advance for your reply.
If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.
Thanks in advance for your reply.
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keepwalking
05-13 10:41 PM
Texas Processing Center shows August 11,2010 for
Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications
I am thinking it may take 6-7 months or am I wrongly interpreting this information posted online....
Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications
I am thinking it may take 6-7 months or am I wrongly interpreting this information posted online....
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munnu77
08-04 12:32 PM
It was an audited PERM?
it was unaudited..
it was unaudited..
ameryki
02-13 06:30 AM
CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.
I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.
I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.
sayonara
10-15 12:23 PM
Called USCIS and generated a service request 10 days back...no LUD since then either..frustrating...
