krucie
03-16 02:42 PM
Done. Can you answer the question now?
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ajaykk
08-09 10:44 AM
FAQ #2 - clarified that forms with �Y� designation means that prior version of the form will not be rejected.
Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
A29. No, the �N� designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the �Y� designation which means that prior version of the form will not be rejected.
Uff this gives me some relief. My attorney has sent my 485 documents on 07/27 and reached NE on 07/30. I'm sure she must have used the old version.
Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
A29. No, the �N� designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the �Y� designation which means that prior version of the form will not be rejected.
Uff this gives me some relief. My attorney has sent my 485 documents on 07/27 and reached NE on 07/30. I'm sure she must have used the old version.
hazishak
08-01 09:28 AM
My wife is planning to go for H4 visa stamping in October. My question is can she go alone??????????? and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
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kprgroup
04-03 04:40 PM
The RFE is about on what basis i am eligible to extend H1B?. I sent copy of my 485 receipt and MTR copy & letter from my current employer explaining my 485 is pending more than 365 days and AC21 we requested for H1 extension.I thought i am going to get only one year but ..got 3 year extension.If you need more details PM me your phone or email .Will glad to help you
Good Luck
KPR
Good Luck
KPR
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maddipati1
02-04 04:39 PM
need to travel in few days and my AP is about to get approved.
thatwillbeit
10-03 02:58 PM
gc_mania_03,
Sorry for the delay in replying, I just saw the message and replying to it as soon as I saw it.
Anyway, I did send the photographs to the Service Center along with covering letter explaining the issue along with a copy of the AP receipt notice.
I did not get any RFE for AP and they approved it about 6-8 weeks after I sent over the photographs.
Hope this helps
Sorry for the delay in replying, I just saw the message and replying to it as soon as I saw it.
Anyway, I did send the photographs to the Service Center along with covering letter explaining the issue along with a copy of the AP receipt notice.
I did not get any RFE for AP and they approved it about 6-8 weeks after I sent over the photographs.
Hope this helps
more...
GCard_Dream
07-28 04:37 PM
--
Make sure that everyone in the family who has a pendng 485 has the travel document (AP); otherwise 485 will be considered abandoned.
-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.
If you are traveling by road and the trip is < 30 days, just use Automatic visa revalidation and do not surrender I 94 and come back on the old I 94.
-- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.
If you are travelling by air or if trip is > 30 days, surrender I 94 and you can enter any way (on H1/H4 or AP does not matter as long as everyone HAS an AP).
Good Luck with your trip.
Make sure that everyone in the family who has a pendng 485 has the travel document (AP); otherwise 485 will be considered abandoned.
-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.
If you are traveling by road and the trip is < 30 days, just use Automatic visa revalidation and do not surrender I 94 and come back on the old I 94.
-- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.
If you are travelling by air or if trip is > 30 days, surrender I 94 and you can enter any way (on H1/H4 or AP does not matter as long as everyone HAS an AP).
Good Luck with your trip.
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lacrossegc
09-23 11:40 AM
You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
more...
keepwalking
05-14 05:43 PM
Thank You
If you don't know something please keep quiet. Don't spread nonsense rumors. First of all the primary GC applicant is not affected in anyway. Spouse GC will show up anywhere between 7 to 12 months depending upon how the documentation is done.
If you don't know something please keep quiet. Don't spread nonsense rumors. First of all the primary GC applicant is not affected in anyway. Spouse GC will show up anywhere between 7 to 12 months depending upon how the documentation is done.
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ashres11
09-28 08:17 AM
J.Barrret/July2/10:28AM / NSC
Single check for spouse and myself.
Finally got check cashed. Cashed from texas.
Single check for spouse and myself.
Finally got check cashed. Cashed from texas.
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alforever
04-04 02:57 PM
Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.
thank you! yes thats the plan of action, my employer called USCIS and thats what they told him, however, i dont think he asked speciaficlaly wether I94 was atached or not, i will check with my boss and maybe have him call back. Employer is filing the I-824 this time. I hope they dont send the duplicates to the old lawyer, as she disappeared without notice, very strange.
thank you! yes thats the plan of action, my employer called USCIS and thats what they told him, however, i dont think he asked speciaficlaly wether I94 was atached or not, i will check with my boss and maybe have him call back. Employer is filing the I-824 this time. I hope they dont send the duplicates to the old lawyer, as she disappeared without notice, very strange.
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BMS1
07-31 11:52 PM
It happened for my son's application. I did not even have a copy of the check at that time. I resent it with a new check (after retrogression set in) saying that it was their mistake. They sent it back along with the new check again saying no visa is available on the date of submission. Then I read some where in immigration-law website you need to mark it to certain officer (I do not remember exact wordings - check immigration-law archives around sep 2005). I re-sent it to that officer explaining everything again and it was accepted. My son's receipt date Sep 30 but the notice date was somewhere in Nov. due to all these correspondence.
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Bytes4Lunch
04-09 04:47 PM
Whether they IO at Port of Entry asked anything about your H1B Visa?
Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now.
Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin http://murthy.com/mb_pdf/032108_P.html
I still don't have an answer to my original question, anybody ?
Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now.
Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin http://murthy.com/mb_pdf/032108_P.html
I still don't have an answer to my original question, anybody ?
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GCVivek
05-13 08:38 PM
This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.
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Narend
10-27 09:17 AM
Hello,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
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Vic
10-11 12:54 PM
My labor cert priority date is Aug 21, 2006 and my 140 EB2 was filed in Dec 20, 2006 and I received the RFE last week from NSC.
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
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usgc07
02-17 11:01 PM
Hi,
I have a question.
An applicant has an Indian Bsc degree + 3years specific industry experience+training . The applicant is in Final Sem MBA. Will the applicant qualify for H1B this year. The MBA is slated to cpmlete in August this year.
Gurus , please advise.
Thanks
USGC07
I have a question.
An applicant has an Indian Bsc degree + 3years specific industry experience+training . The applicant is in Final Sem MBA. Will the applicant qualify for H1B this year. The MBA is slated to cpmlete in August this year.
Gurus , please advise.
Thanks
USGC07
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ssdtm
12-14 12:55 PM
Unfortunatley Dems have not shown much zeal which conveys that Immigration Reform is one of their important agenda.
CIR is much more comprehensive and volatile with far reaching impact. It generates lot of heat and polarization. Due to ploitical sensitiveness both parties are not discucussing too much on it.
On the other hand, reforms for highly skilled immigrant are subtle in front of it. That can be done without much political heat, and that should be one of our selling point to senators/congressman. ----Vote yes for the reforms - "It has not much backlash, while delivers strong economic gains to the industry, and humanizes the existing program".
CIR is much more comprehensive and volatile with far reaching impact. It generates lot of heat and polarization. Due to ploitical sensitiveness both parties are not discucussing too much on it.
On the other hand, reforms for highly skilled immigrant are subtle in front of it. That can be done without much political heat, and that should be one of our selling point to senators/congressman. ----Vote yes for the reforms - "It has not much backlash, while delivers strong economic gains to the industry, and humanizes the existing program".
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amsgc
06-15 12:24 AM
Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.
Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.
Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.
My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.
Thanks,
Ams
Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.
Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.
My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.
Thanks,
Ams
sapota
09-27 12:09 PM
I have a question for people who get fingerprinting notices to be done at San Antonio, Texas.
Do you people know of any childcare facilities that exist around that place to drop off toddlers during the finger printing process (I am not sure if they allow kids during fingerprinting).
Do you people know of any childcare facilities that exist around that place to drop off toddlers during the finger printing process (I am not sure if they allow kids during fingerprinting).
Hassan11
04-14 05:06 PM
Thank you txh1b
It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.
It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.
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