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  • dwhuser
    06-15 11:24 PM
    Oh! Thanks for the explanation. We will ask his old employer if he would give us the letter. Honestly I doubt.... if he can give the letter without an active payroll or a Purchase order for a future project. No harm in tring though.....





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  • raysaikat
    07-13 02:36 AM
    Hi Raysakat

    Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)


    You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).


    while she is on F1 or wold it lead to conflict in visa status?

    As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.

    SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
    Thanks

    Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.

    As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.





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  • GCSOON-Ihope
    11-04 10:02 PM
    How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?

    How often is an H1 denied? I have no idea but it happened to me...twice!
    The first time, the attorney screwed up. The company fired him ...and me as well since I was then out of status (long story that I will post someday, maybe...):mad: Second time, I never knew the details but the company appealed... and won.
    All that can happen on any type of application of course. Everybody makes mistakes, and even without mistakes, no approval can never be guaranteed in advance.:(





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  • chanduv23
    09-18 12:04 AM
    Thanks, I am in DC now - will see you all in the rally



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  • smitha_jacob
    06-04 09:28 AM
    Hello,

    I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.

    Can anyone help me please?





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  • wam4wam
    03-06 12:38 PM
    i contacted Senator dewine, urging him to back the PACE act
    here is the reply i got

    keep ur fingers crossed:)


    Dear xxxxxx

    Thank you for contacting me regarding illegal immigration. I agree
    that
    illegal immigration is a very serious problem and appreciate knowing
    your
    views.

    Currently, there are approximately 11 million undocumented immigrants
    in
    the United States, with close to 1 million more arriving every year.
    Yet,
    our current immigration system is broken. It is a system that is not
    good
    for American security, particularly during our fight to combat
    international terrorism. It is not good for American workers and
    businesses. And, it is not good for the immigrants, themselves.

    To tackle this problem, we must have a comprehensive immigration plan
    that
    toughens our borders, documents illegal immigrants, and provides for
    American labor needs. The Senate Judiciary Committee, of which I am a
    member, is set to take up immigration reform soon. In fact, several
    immigration bills are currently pending before the Committee, including
    a
    border protection bill passed by the House of Representatives in
    December
    2005. As the Judiciary and the full Senate debate immigration reform,
    I
    will be certain to keep your views in mind.

    Again, thank you for contacting me. If you have any additional
    concerns,
    please feel free to contact me anytime.

    Very respectfully yours,
    MIKE DeWINE
    United States Senator

    RMD/bf

    Disclaimer: The email account that this message originated from does
    not
    accept inbound messages, therefore please send all electronic
    correspondence through our webform located at:
    http://dewine.senate.gov.



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  • CHHAYA
    04-19 10:14 AM
    My PD is now current and I'll be filing 5/1
    PD 5/03 EB3 ROW
    Thank goodness as I was honestly losing all hope after starting my 8th year in the US. Best wishes to big movements for others from India/China etc.

    MINE PD IS ALSO 5/03. R U SURE THAT WE CAN FILE NOW? WHAT IS CURRENT PD FOR INDIA NOW?

    THANKS
    CHHAYA





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  • wa_Saiprasad
    01-20 02:41 PM
    The new IV looks very neat and simple.



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  • ndny
    08-06 03:01 PM
    Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?

    A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:

    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:

    Housing assistance
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).


    Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?

    A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.





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  • kaisersose
    04-16 03:17 PM
    i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.

    EAD is not a status like H-1 or H-4.

    The status should be AOS , pending 485, etc.



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  • Lasantha
    01-25 09:21 PM
    You can create a new account with a new email address and then use that to point to the same case numbers. This would be the best approach if you don't have the contact numbers.





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  • akhilmahajan
    06-27 12:08 PM
    Can you please share your recept date?
    Thanks a lot.



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  • grimreaper
    08-03 03:50 PM
    Looks like the senator's office replied without going through the message properly. Just a political ploy for blindsiding the issue by bringing irrelavent topic into discussion. The message was about S.A 4319, the Senator talked about S.887





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  • sundarraj_us
    07-17 08:38 PM
    IV Core Team - You have done a great job... No doubt about it.. I already said my sincere thanks to you guys in earlier post and would say it again - Thank You !!!!

    BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?

    His comments from the bulletin sounds so honest


    �The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�

    Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...

    Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.
    I concur



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  • Desertfox
    08-01 12:14 PM
    You will be considered as an eligible non-citized once you have used your Advance Parole (obtained by filing I-131) to return to US after foreign travel. Your I-94 will have a parolee stamp, and you will need to submit that to the financial aid department of your school in proof of your "Eligible Non-citizen" status.

    Once you have the parolee stamp on your I-94, file FAFSA online and your school will be notified as soon as they process your application. You will then contact the financial aid department at your school and submit a copy of your parolee stamped I-94. The process was very easy and quick at Arizona State University for my spouse.

    Hope this helps.:)





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  • gcseeker2002
    11-05 02:50 PM
    I called UScis Customer support and they said that as of today they are approving EADs with notice date July 2nd, so I should wait another few weeks for my EAD, so EAD will take 5 months or more for me :(



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  • raysaikat
    07-19 10:37 AM
    Hi All,
    I have a question regarding the status check of the 485 process. Does USCIS change the Updated date (maybe a soft LUD) before approval/completion of processing of 485 on the Case Status.

    I know its a yes/no/maybe not always kinda answer but I wanted to check with those who already had approved 485s if they had noticed updates before the Approval. If yes, what is the usual timeframe after the update when the approval has been noticed.
    I am sure, like me :) you must have kept checking the Case Status page like crazy once the dates were current so, please respond and I am sure many will benefit from your responses.

    I am sure, many of you who are still waiting like me,already have friends who went thru this process, so, even your inputs are welcome.

    Thanks,
    Amar.

    In my case, it did not. The I-485 application status changed directly to "Approval notice sent". Then next day I got "Card production ordered" and after that "Welcome notice sent".





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  • vijju123
    04-28 04:51 PM
    Sometimes employers have an agreement with the law firms that all primary correspondance should happen between the employee and employer representative usually HR / Immigration Compliance administrator. Employer representative will direct the employee to the law firm if they are not able to answer their questions. This is the scenario with my employer. Hope this helps.

    Vijay





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  • bondgoli007
    09-29 07:57 PM
    Hi,

    Don't fret about the PERM time lines. It can take anywhere from 1 month to more than 6 months (for Fragomen clients) for PERM approvals/denials. Mine was filed in May and I also had to reply to an audit.

    In your case because your PERM was applied more than 365 days before your 6th year H1 expires, even if you PERM approval doesn't come until Jun 09, your employer can file for a 1 year extension.

    Now, I am not very sure about this scenario in case of a PERM denial. Maybe someone else can comment on that one.

    Thanks.





    jasmin45
    08-06 10:23 AM
    Hello everyone,new to the forum
    Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
    So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
    I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
    I guess you should drop all "thing in the past" with your lawyer behind and work with her to get you going with this. you lawyer is the one in best position to help your situation. If you do not have receipt for 485, you should talk to her and ensure that the lawyer agree to send you all the photocopies of the documents or the originals themselves so that you do not land up in this sutiation again. Pay her after you receive the documents.





    eb3_nepa
    08-09 01:40 PM
    First off it is Alien REGISTRATION number and you can find it on the newer I-140 approvals OR you can use your OPT EAD card A# if you were ever on an F1.

    IT IS NOT your passport number and it is issued by the USCIS. If you dont have it check with ur lawyer. If you are not sure pls leave it blank.



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