Carlau
11-17 09:49 AM
I do not think that the nuclear deal with India belongs at the Green Card retrogression part, unless this is a site for Indians only.
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GCBy3000
07-18 04:46 PM
This is ridiculous for the JUNE 2001 PD. They kept it and slept on it all these years and now denied without notice.
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
panky72
06-25 05:07 PM
sure, pls verify with lawyer to be safe
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.
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seekerofpeace
02-04 10:46 AM
Folks,
I'd like to know if any of you invited your parents while on AOS. Last time I invited my in-laws I had H1-B et al....now we are on AOS and my wife is sponsoring her parents. We are on AOS. I do not have a job currently so I can't get an EVL and my wife has and she is inviting and the I-134 is also from her...we have EADs valid till late 2010....she had her F1 valid till Oct 2009 but she is working on dependent EAD.
So do you think there could be any potential problem.....Last time I had sponsored my in-laws but they were questioned a lot at the embassy....so now my wife will be sponsoring ...I hope there are no potential problems.
Path 2 USA do not mention anything special for EADs/AOS et al....
Thanks,
SoP
I'd like to know if any of you invited your parents while on AOS. Last time I invited my in-laws I had H1-B et al....now we are on AOS and my wife is sponsoring her parents. We are on AOS. I do not have a job currently so I can't get an EVL and my wife has and she is inviting and the I-134 is also from her...we have EADs valid till late 2010....she had her F1 valid till Oct 2009 but she is working on dependent EAD.
So do you think there could be any potential problem.....Last time I had sponsored my in-laws but they were questioned a lot at the embassy....so now my wife will be sponsoring ...I hope there are no potential problems.
Path 2 USA do not mention anything special for EADs/AOS et al....
Thanks,
SoP
more...
485Mbe4001
02-10 05:11 PM
how can they approve 485's by 2010 if there are very limited visas available. Getting EAD or AP is not the end of the road. Final freedom is when you get the GC and that is not possible if unless we all lobby to change the law....I hope people understand that we are in for a very long wait if there is not change in the law, quota..
USCIS can simply say that they have eliminated backlogs by processing all applications.This does not IMPLY that all 2007 filers will have green cards in their hands.. Please understand thay my reply is not directed to you, instead it is in response to all the people i meet who expect to have GCs by 2010...its simply not possible with status quo.
Many point to track it and say that 485s are being approved out of turn. Please understand that this to is a load of crap, either some people are exteremly lucky or USCIS screwed up a small number of cases..the rest of us are in the same slow sinking boat to nowhere.
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
USCIS can simply say that they have eliminated backlogs by processing all applications.This does not IMPLY that all 2007 filers will have green cards in their hands.. Please understand thay my reply is not directed to you, instead it is in response to all the people i meet who expect to have GCs by 2010...its simply not possible with status quo.
Many point to track it and say that 485s are being approved out of turn. Please understand that this to is a load of crap, either some people are exteremly lucky or USCIS screwed up a small number of cases..the rest of us are in the same slow sinking boat to nowhere.
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
pune_guy
06-06 01:11 PM
For H4:
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
more...
smuggymba
05-11 02:11 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
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Leo07
10-15 03:41 PM
Friends,
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
more...
vikki76
07-19 08:36 PM
If you have copy of approved I-140, then your priority date would be mentioned there.
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Blog Feeds
11-19 03:01 AM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.
For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.
Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.
In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.
According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.
Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.
Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?
Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.
Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.
All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?
And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)
Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.
For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.
Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.
In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.
According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.
Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.
Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?
Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.
Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.
All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?
And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)
more...
bbct
01-22 03:13 PM
Also note - you are allowed only 4 part payments in a year. Especially with ICICI bank. So plan carefully. That way you are left with only 13 EMI's with a smaller amount.
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krishmunn
09-17 12:08 PM
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...
If the extension is denied the person falls out of status immediately and the visa get voided.
Check this from Murthy Chat (answered by Attorney Murthy) --
MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)
Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?
Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.
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...
If the extension is denied the person falls out of status immediately and the visa get voided.
Check this from Murthy Chat (answered by Attorney Murthy) --
MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)
Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?
Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.
more...
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vvrmurthy
11-21 05:08 PM
Hello tdasara,
I have undergone the pain of UK transit visa in Sep 2010. I booked my tickets thru AA-BA (RDU-LHR-HYD). I was told UK DATV is very easy to get. Applied on Sep 10th. Got FP done on Sep 27th. Sent original EAD, passport, AP documents, 485 receipt, FP processing sheet and a covering letter explaining why I wanted the UK DATV on Sep 28th by Fedex. Packet reached UK consulate in NY next day. Got a mail on Oct 8th that a decision was made. Received a letter along with passport/EAD/AP which said "Your request for DATV has been rejected since I am not convinced you need the DATV. There is no appeal for this decision". The process itself took 12 to 13 days. I researched later why they could have rejected my application. It seems I had to literally put in my whole life history - original employment verification letter, original bank statements proving my ability to travel, letter from my manager which states I have a job in US and I am going on vacation and I will come back and report to work, address proof, driving license proof, old passport copies, and any other thing u think could bolster your case. All this for what ?? To pee in London Airport in the 3 or 4 hours u stay there in transit...
I rerouted my tickets RDU-ORD-DEL-HYD (paid extra 470 dollars per head), went to Chennai Consulate and got stamping and while coming back, came thru LHR without hassles.. I confirmed in (on my way back) LHR that if I had proceeded without transit visa while going, UK would not have allowed me into LHR.
So if U plan to apply for DATV, please arrange for all the above documents and anything in excess u can muster to prove that u will just pee in LHR and move on. and that u will not land in LHR, tear your passport and get into UK and ask for asylum (This is what immigration offier in UK said most people would do if they were lackadaisical in giving transit visas).
All the best!
I have undergone the pain of UK transit visa in Sep 2010. I booked my tickets thru AA-BA (RDU-LHR-HYD). I was told UK DATV is very easy to get. Applied on Sep 10th. Got FP done on Sep 27th. Sent original EAD, passport, AP documents, 485 receipt, FP processing sheet and a covering letter explaining why I wanted the UK DATV on Sep 28th by Fedex. Packet reached UK consulate in NY next day. Got a mail on Oct 8th that a decision was made. Received a letter along with passport/EAD/AP which said "Your request for DATV has been rejected since I am not convinced you need the DATV. There is no appeal for this decision". The process itself took 12 to 13 days. I researched later why they could have rejected my application. It seems I had to literally put in my whole life history - original employment verification letter, original bank statements proving my ability to travel, letter from my manager which states I have a job in US and I am going on vacation and I will come back and report to work, address proof, driving license proof, old passport copies, and any other thing u think could bolster your case. All this for what ?? To pee in London Airport in the 3 or 4 hours u stay there in transit...
I rerouted my tickets RDU-ORD-DEL-HYD (paid extra 470 dollars per head), went to Chennai Consulate and got stamping and while coming back, came thru LHR without hassles.. I confirmed in (on my way back) LHR that if I had proceeded without transit visa while going, UK would not have allowed me into LHR.
So if U plan to apply for DATV, please arrange for all the above documents and anything in excess u can muster to prove that u will just pee in LHR and move on. and that u will not land in LHR, tear your passport and get into UK and ask for asylum (This is what immigration offier in UK said most people would do if they were lackadaisical in giving transit visas).
All the best!
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innervoice
01-20 12:29 PM
I got RFE for my spouse in August 2008 for I-485 regrading the marriage certificate and stil the status hasn't got update, called several times but no luck.
more...
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sbabunle
12-28 03:53 PM
First lets see if it will be stuck on May 2001...We have a long way to reach Jan 03 buddy.
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nousername
02-27 07:14 PM
I don't think so.. Back in 2002 I was in similar situation (f1 to h1) and to best of my knowledge I was only able to get part of my federal taxes back.. In fact I remember paying some additional state taxes at the end of the year.
If I was on F1 full time for that accounting year then they would have given my taxes (not ssn or medicare) back but I switched to H1 and made more money, which pushed me into a different tax bracket.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
If I was on F1 full time for that accounting year then they would have given my taxes (not ssn or medicare) back but I switched to H1 and made more money, which pushed me into a different tax bracket.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
more...
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sundevil
07-05 04:38 PM
Good Catch Jonty, and the guy has the audacity to claim that his(is it really his, or store bought) priority date is 2004. For the sake of thousands who are not scamming the system, I sure hope this guy had sent a single check for 140 and 485 together.
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Anders �stberg
July 18th, 2004, 12:20 PM
I think I already have for birds. ;)
:p Well, then I should too.
:o Please accept my apologies for saturating this forum with my bird pictures.
:cool: I'm not likely to stop though.
:( Unless Steve tells me to.
:confused: Anyone know what the faces mean?
:rolleyes: This one is particular.
:)
:p Well, then I should too.
:o Please accept my apologies for saturating this forum with my bird pictures.
:cool: I'm not likely to stop though.
:( Unless Steve tells me to.
:confused: Anyone know what the faces mean?
:rolleyes: This one is particular.
:)
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chitra
02-26 09:56 PM
Thank you for your reply. The scenario would be...if my husband loses his H1B due to a layoff, etc, then I would lose my H4 status. In that case, will I still be able to enter the US on a B1/B2 as it was initially valid till 2013.
rbalaji5
10-30 07:16 PM
Please post the feedback of Infopass in this thread - After your feedback, I will schedule a infopass appointment to correct the last name on the EAD card as it is not urgent for me.
fromnaija
07-18 06:11 PM
Photographs are not big-deal. USCIS will RFE for them.
Hi,
I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
Even i am worrying what would happen with my application.
LK
Hi,
I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
Even i am worrying what would happen with my application.
LK
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