richana
12-03 12:11 PM
This is great news
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gcdreamer05
11-20 01:37 PM
Great useful service to the immigration folks
Kodi
08-28 06:50 PM
Received 2 yr EAD, I-140 pending as of 4/18/08
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karthkc
05-14 04:46 PM
Thanks IV for your efforts on this. This is jsut personal, but I do find the timing too much of a coincidence. My thought would be related to the increase in filing fees aspect that will now net USCIS a goldmine in terms of huge filings.
Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?
That would net some savings for filers who have multiple dependents.
Just a thought.....
Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?
That would net some savings for filers who have multiple dependents.
Just a thought.....
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Iamthejuggler
02-09 04:09 AM
Holy crap that was close. Congrats folks. I'm pleased as punch!
DianaSteve
12-13 12:02 PM
My I140 is showing up online now.
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SNLive999
06-10 10:51 AM
Thanks Dhun Dhun....bumping it.....
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vgayalu
01-20 07:13 PM
At this time ,if IV is able to anounce clearly about I 485 filing option trails,
Our guys can get good inspiration in fund raising.
This is just my openiun. If it hurts anybody please excuse.
vgayalu
Our guys can get good inspiration in fund raising.
This is just my openiun. If it hurts anybody please excuse.
vgayalu
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Arjun
05-05 05:41 PM
Please do something to change it or try delete/add. :o
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kaisersose
10-11 02:17 PM
There is no problem here.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
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ghost
06-20 03:20 PM
AC 21 will come into effect 6 months after you apply for your Adjustment of Status (485). You can apply for your 485 only when the visa numbers are available for your PD (EB2 currently for India is Jan 2003)
GCwaitforever, Are you certain that Supers***(with approved 140) can change employers without any impact, by using AC 21 provisions?
The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.
GCwaitforever, Are you certain that Supers***(with approved 140) can change employers without any impact, by using AC 21 provisions?
The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.
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dc2007
08-04 06:57 PM
I think lot of people here might be having similar issue, which I am having. As a consultant I have stayed at lot of addresses but my on my salary slip I try to keep the same address.
Here is the one scenario out of many:
Scenario 1:
1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.
2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.
3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.
4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140
Question 1
So, From Jan 2007 till July 2007, which address should I show - NJ or VA ?
Note: my H1 labor has NJ address only for this duration.
Scenario 2:
In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).
Question 2
Should I use NJ address only for these 2 years - 2003 and 2004 ?
Scenario 3:
Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.
Question 3
Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?
My main concern is, Is g-325 has anything to do with tax return ?
Should I make sure that my H1 labor state should match my residence address?
In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?
Thanks in advance
Here is the one scenario out of many:
Scenario 1:
1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.
2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.
3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.
4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140
Question 1
So, From Jan 2007 till July 2007, which address should I show - NJ or VA ?
Note: my H1 labor has NJ address only for this duration.
Scenario 2:
In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).
Question 2
Should I use NJ address only for these 2 years - 2003 and 2004 ?
Scenario 3:
Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.
Question 3
Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?
My main concern is, Is g-325 has anything to do with tax return ?
Should I make sure that my H1 labor state should match my residence address?
In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?
Thanks in advance
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ksrk
08-14 08:16 PM
I was also in limbo whether to apply AP now or no. My current AP is valid till Mid Jan 2009 And I am travelling india in Oct and will be back on 1st week on Nov. I decided not to apply AP now and will be applying renewal in mid Nov. Applied only EAD renewal.
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
Hey Som_yad,
The law requires that you be in the US only when the AP applicaiton is filed. You can leave the next day, if you like. Also, when you return, make sure you have a document to enter the US (say AP or H1B stamp+I-797) and a document you can show the CBPO that authorizes you to work (say EAD or I-797).
If you use your AP to enter the US, the expiration date on the I-94 will be a year from the day you enter, even if the AP itself expires sooner. All you need to make sure is that you use the AP to enter the US before it expires.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinion and preferences.
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
Hey Som_yad,
The law requires that you be in the US only when the AP applicaiton is filed. You can leave the next day, if you like. Also, when you return, make sure you have a document to enter the US (say AP or H1B stamp+I-797) and a document you can show the CBPO that authorizes you to work (say EAD or I-797).
If you use your AP to enter the US, the expiration date on the I-94 will be a year from the day you enter, even if the AP itself expires sooner. All you need to make sure is that you use the AP to enter the US before it expires.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinion and preferences.
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msyedy
01-08 09:24 PM
My view is little different, my friend(32 age) who is a business man (an engineer and MBA)..went with his wife and two kids to b2 stamping, got multiple entry visa for 10 yrs. His preparation is very simple, he showed his business commitments and need of his presence to the businesses he is handling and second..he could convince the consulate that he is visiting to US for the sake of kids enjoy desney...he previously visited s'pore and klm...
if your folks are doing a honest visit..i would suggest them not to show any siblings in US and they show their ability to fund their trip and a convincing reason..(like second honeymoon...or any business conference)...and i remind you there is no set pattern that a few will get and a few won't get...its all up to how you present your case....goodluck
************************************************** *****
As my friend in this have mentioned.. keep in mind there is no paper that will make it 100% to get a US visa. I have seen luck plays a big role in many of the cases.
GOOD LUCK.
if your folks are doing a honest visit..i would suggest them not to show any siblings in US and they show their ability to fund their trip and a convincing reason..(like second honeymoon...or any business conference)...and i remind you there is no set pattern that a few will get and a few won't get...its all up to how you present your case....goodluck
************************************************** *****
As my friend in this have mentioned.. keep in mind there is no paper that will make it 100% to get a US visa. I have seen luck plays a big role in many of the cases.
GOOD LUCK.
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karn.anand
11-04 01:06 AM
there is one more button i have posted that is not listed..
http://www.kirupa.com/forum/showthread.php?t=338103
http://www.kirupa.com/forum/showthread.php?t=338103
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fake_id
09-05 04:53 PM
Welcome to reality.
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wandmaker
10-13 09:42 AM
She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.
two words, good luck
two words, good luck
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visa_reval
04-26 11:33 AM
Just realized I did the same mistake too. The field is not "starred" and so is not a required field. I've already sent in the supporting documents. I am thinking of sending a separate letter a la sparky_jones.
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Lisap
08-27 05:27 PM
Hello all,
My attorney filed my original 485 on June 28th at NSC. My PD is July 06. I didnt realize this until mid Aug. My attorney filed a second application on Aug 15th. I did a stop payment on the original checks as advised by my attorney. This afternoon I received receipts from the original filing with a receipt date of July 2nd. I cannot reverse the stop payment- I just called the bank. Will my application be rejected now because of the checks or should I send new checks with the receipt number and a note stating what happened? Or should I just wait for recepits for the 2nd application? Thank you.
My attorney filed my original 485 on June 28th at NSC. My PD is July 06. I didnt realize this until mid Aug. My attorney filed a second application on Aug 15th. I did a stop payment on the original checks as advised by my attorney. This afternoon I received receipts from the original filing with a receipt date of July 2nd. I cannot reverse the stop payment- I just called the bank. Will my application be rejected now because of the checks or should I send new checks with the receipt number and a note stating what happened? Or should I just wait for recepits for the 2nd application? Thank you.
eb2_mumbai
10-28 09:33 AM
I am not 100 % sure on how pre-approved labors are judged but isnt it true that you should be qualifying from the PD of that labor so in your case 2004. This would mean your 2007 MS will not be accepted since that is after the labor. Now your BSc + 1 Yr PGD might work only if you have them in same field. I mean not guranteed but least you have a chance to appeal. But say they are totally different fields then it might not work. Example BCom + 1 Yr Computer Diploma will not cut the ice in this difficult period. If you need better answers you need to put in more details.
gcsucks
07-01 09:27 AM
After years of struggling and 25k down the drain i have decided not to loose my Canadian PR card ( i have been out of canada for 21/2 years out of 5). so to maintain the card i have to be in canada for the next 2 years. so... right now i have an approved I140 based on which i will be filing a
h1. once i get an approval ( 3 years extension) i will move to my other office in Canada.
The question i have is, can i come back into the country using this stamping after 2 years staying in canada ? and let us say i dont apply for my h1 but when the SKIL bill (if and whenever it becomes law) can i apply for I485 even though im in canada ( i dont think i can)
Any help is appreciated
h1. once i get an approval ( 3 years extension) i will move to my other office in Canada.
The question i have is, can i come back into the country using this stamping after 2 years staying in canada ? and let us say i dont apply for my h1 but when the SKIL bill (if and whenever it becomes law) can i apply for I485 even though im in canada ( i dont think i can)
Any help is appreciated
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