ras
04-03 11:12 AM
I do not see any harm in replying to an RFE even if it is late. You should really be pushing your employer and attorney to respond to this RFE at the EARLIEST.
It might also help to give a reason as to why you were late in responding.
There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.
It might also help to give a reason as to why you were late in responding.
There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.
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insbaby
11-21 11:07 PM
Similar Question:
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
You should take a copy of the I-797's and detach the portion of it and staple with the existing I-94. If you read the I-797 carefully, they mentioned it to put it in your passport, means, all I-94s must be handed over before you leave. Sometimes, you may have different I-94 numbers, so it is better to give all I-94's.
You can not do anything by retaining those I-94s after you leave, just take a copy and give them back.
BUT, make sure that it is in valid period. If you have got a new I-797, where the period has not started, DO NOT GIVE IT BACK, take it with you to the consulate. Give I-94's only up to the period you are leaving.
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
You should take a copy of the I-797's and detach the portion of it and staple with the existing I-94. If you read the I-797 carefully, they mentioned it to put it in your passport, means, all I-94s must be handed over before you leave. Sometimes, you may have different I-94 numbers, so it is better to give all I-94's.
You can not do anything by retaining those I-94s after you leave, just take a copy and give them back.
BUT, make sure that it is in valid period. If you have got a new I-797, where the period has not started, DO NOT GIVE IT BACK, take it with you to the consulate. Give I-94's only up to the period you are leaving.
gconmymind
08-14 12:58 PM
A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
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Rohan99
10-29 01:27 PM
thanks for reply,
One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India.
My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.
Thank you..
Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.
One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India.
My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.
Thank you..
Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.
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leoindiano
08-28 02:56 PM
apume,
I am just asking why i lost my Donor Access? Not begging.
They opened a thread, "Good News on preadjudication"...I just wanted to take a look at it.
If you count how many people contributed more than me, you will not find more than 100 members. If top 100 contributers dont have access, who will have accesss to Donor Forums.... What is the freaking use? Why even have Donor Threads?
No Accountability results in No Credibility.
I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?
Or is someone giving out the secret to a quicker GC in the donor forum?
Or is there the address of the shop selling GCs?
Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!
Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.
Don't gimme reds for this, it was only worth 0.02 - not enough for donation!
Chill, Peace!
I am just asking why i lost my Donor Access? Not begging.
They opened a thread, "Good News on preadjudication"...I just wanted to take a look at it.
If you count how many people contributed more than me, you will not find more than 100 members. If top 100 contributers dont have access, who will have accesss to Donor Forums.... What is the freaking use? Why even have Donor Threads?
No Accountability results in No Credibility.
I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?
Or is someone giving out the secret to a quicker GC in the donor forum?
Or is there the address of the shop selling GCs?
Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!
Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.
Don't gimme reds for this, it was only worth 0.02 - not enough for donation!
Chill, Peace!
wahab_be
02-07 07:13 PM
UK requires an advance parole while coming back to the US. We recently travelled to India on an expired H1 and H4 visa (I have H1 extention approved but the passport has the old expired visa) via London. We did not had any issues. But while coming back we were re-routed to Frankfurt as we did not had the transit visa.
I recommend going via Frankfurt. You can double check the transit visa requirements with German Embassy as well.
I recommend going via Frankfurt. You can double check the transit visa requirements with German Embassy as well.
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lord_labaku
11-19 03:38 PM
I think this is a good idea. Most people here, coming from a computerized world, assume that everything in USCIS is automated. Its only partly true. Due to security reasons, preventing vulnerability, they still deal with mostly paper.
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chillfakter
02-11 04:15 PM
I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
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gbof
06-30 01:49 PM
so far, I have heard about at least 30 cases over the internet including one personal case (my wife's) and all of the cancelled appointments seem to be either on 7th, 8th or 9th july. (My wife had it on 8th and got a cancellation notice with the same date which was delivered yesterday...)
From forums, it appears that, a few of them already got their rescheduled notices, and some got the new date after calling... either way, I guess the above info seems to be true..... worst case scenario, if you don't get rescheduled notices (or dates by calling) by your appointment date, just go to the ASC. I know it's a pain... but I just don't want to give them a chance at denying and don't want to go thru all that hassle...
pal :)
I am so very ready for FP on 7/6 and now reading these cancellations is very irritating. To show up definitely require some-bit of planning. Why should they send notice at first placeand then cancel en-block. I only wish I donot get this cancellation notice before 6th and it goes on as scheduled.
From forums, it appears that, a few of them already got their rescheduled notices, and some got the new date after calling... either way, I guess the above info seems to be true..... worst case scenario, if you don't get rescheduled notices (or dates by calling) by your appointment date, just go to the ASC. I know it's a pain... but I just don't want to give them a chance at denying and don't want to go thru all that hassle...
pal :)
I am so very ready for FP on 7/6 and now reading these cancellations is very irritating. To show up definitely require some-bit of planning. Why should they send notice at first placeand then cancel en-block. I only wish I donot get this cancellation notice before 6th and it goes on as scheduled.
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anzerraja
07-20 03:33 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
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vijse
12-14 08:20 PM
I just realised that there is the wrong expiration date on my i-94 when I came back from a visit to India in Feb 2006.
The officer did not put the date according to the 797 which expires in 2007 .He put the expiration date as per the visa stamp.
My visa in my passport has also expired in April 2006.
My company is filing for 1485 and the lawyer just noticed it .
What are my options ?
The officer did not put the date according to the 797 which expires in 2007 .He put the expiration date as per the visa stamp.
My visa in my passport has also expired in April 2006.
My company is filing for 1485 and the lawyer just noticed it .
What are my options ?
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mjdup
12-15 10:48 AM
Don't point to websites, its just too much reading and the HR might get the illusion that the process involves too much work whereas its not that bad..
I was in similar situation five years ago, all I did was during my final interview with HR I requested them and was able to refer an attorney. The attorney did a good job of preparing the documents and providing rosy sticky tags for HR's signature. That made HR's and manager's life so easy. In return, I'm the medium between my attorney and HR. So, you will have to sell it to HR and engg. manager that "its no big deal"....
good luck,
I was in similar situation five years ago, all I did was during my final interview with HR I requested them and was able to refer an attorney. The attorney did a good job of preparing the documents and providing rosy sticky tags for HR's signature. That made HR's and manager's life so easy. In return, I'm the medium between my attorney and HR. So, you will have to sell it to HR and engg. manager that "its no big deal"....
good luck,
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ThinkTwice
07-11 05:56 PM
Is what is needed.
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MSCapBust
07-25 09:54 PM
Thanks you all for replying.
I have 2 clarifications:
1. Am I allowed to begin work only on 1st Oct 2006?
If I'm exempt from the cap, does that mean I can begin work anytime or am I subject to the yearly schedules dates like everyone else? I keep hearing both versions. Please do clarify.
2. I did NOT get my H1-B stamped on my passport (back in 2002).
Since I was quitting and going back to school, I didn�t bother to get it done and got a new F-1 instead. I do however; have my H1-B approval document. Does this affect anything with regards to the cap? In other words, am I exempt only if I get a H1-B stamping?
I do apologize for asking quite so many times, but I really do want to make sure before I let the cap be reached.
Thanks very much once again.
Slightly more relieved.
I have 2 clarifications:
1. Am I allowed to begin work only on 1st Oct 2006?
If I'm exempt from the cap, does that mean I can begin work anytime or am I subject to the yearly schedules dates like everyone else? I keep hearing both versions. Please do clarify.
2. I did NOT get my H1-B stamped on my passport (back in 2002).
Since I was quitting and going back to school, I didn�t bother to get it done and got a new F-1 instead. I do however; have my H1-B approval document. Does this affect anything with regards to the cap? In other words, am I exempt only if I get a H1-B stamping?
I do apologize for asking quite so many times, but I really do want to make sure before I let the cap be reached.
Thanks very much once again.
Slightly more relieved.
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dealsnet
02-26 10:31 AM
Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
If it was the case every one will make it that way.
Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
She need to consult a reputed immigration lawyer first before the marriage.
Out of status more than 6 months will trigger a ban from 3 to 10 years.
CONSULT A LAWYER.
If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
Nobody can file AOS, if they are out of status.
If it was the case every one will make it that way.
Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
She need to consult a reputed immigration lawyer first before the marriage.
Out of status more than 6 months will trigger a ban from 3 to 10 years.
CONSULT A LAWYER.
If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
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Saralayar
05-14 06:28 PM
Hello friends,
On May 01,2009 my wife's I-485 status changed online that they requested additinal evidence. I have not received RFE letter as of now and also I am touch base with my attorney, my attorney's office also not received RFE letter. Please advice me what steps I have to take in this regard.
Please provide all your GC personal details in IV so that you will get better answers.
On May 01,2009 my wife's I-485 status changed online that they requested additinal evidence. I have not received RFE letter as of now and also I am touch base with my attorney, my attorney's office also not received RFE letter. Please advice me what steps I have to take in this regard.
Please provide all your GC personal details in IV so that you will get better answers.
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herns
03-07 08:38 PM
I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed.
[/I]
THanks for your reply.
I fall under 3rd employment based category that got stuck May 01, 2005.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html
I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.
[/I]
THanks for your reply.
I fall under 3rd employment based category that got stuck May 01, 2005.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html
I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.
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kalyan
07-07 05:10 AM
U r lucky that you have the EAD.
My H1B transfer was denied with I-140 approved . worked for more than 6 years in US. I moved back to India and started working here
Washington and DOS wants Legal immigrants out ( they cannot and could'nt do any thing to illegals-- ) and wants companies to hire people graduating from the university of Mc Donalds, Burger King, KFC and those zeroes needs to be trained and trained
US business'es has to serious think about this otherwise, their counter parts elsewhere in the world will be more competitive
My H1B transfer was denied with I-140 approved . worked for more than 6 years in US. I moved back to India and started working here
Washington and DOS wants Legal immigrants out ( they cannot and could'nt do any thing to illegals-- ) and wants companies to hire people graduating from the university of Mc Donalds, Burger King, KFC and those zeroes needs to be trained and trained
US business'es has to serious think about this otherwise, their counter parts elsewhere in the world will be more competitive
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edaltsis
07-22 01:11 PM
What do you mean "both the employers are consultant" ? When they employ you and you work on assignments for them, you become a "consultant" for them. Consultant means "An expert who gives advice", considering you good at the subject you are called an expert.
Without knowing anything about the company no one will be able to suggest you which is good or bad. Apart from the salary & the benefits they offer, you have to take a decision.
Without knowing anything about the company no one will be able to suggest you which is good or bad. Apart from the salary & the benefits they offer, you have to take a decision.
ChainReaction
06-25 08:42 AM
My I140 is pending at Texas Service center ,so i will be mailing my 485 at the address stated @ TSC I140 receipt notice.
morchu
05-10 09:41 PM
Maybe somebody else from here can answer from their experience. But here is what I know from my readings in USCIS press releases related to the infamous July Fiasco.
1.
On July 23rd USCIS published a QA and it specifically addresses the issue regarding Fee.
==========================
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
==========================
You have to keep on paying the fees for i765.
2.
What is the confusion here? Do as what the instruction says. It is pretty elaborate.
Copy of your respective passport pages.
I think there was some wiki's somewhere listing the documents to send for EAD.
3. Do as the instruction says.
HI
I am planning to file a for a fresh EAD or new EAD.
I had filed 485 on 08/06/2007.
Now I have the following questions:
1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
"If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
Does that mean I donot have to pay any fee to USICS for EAD application?
2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
On the I-765Instr document it says
"You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
Which document I should provide as per the above statement?
3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?
Thanks in advance.
1.
On July 23rd USCIS published a QA and it specifically addresses the issue regarding Fee.
==========================
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
==========================
You have to keep on paying the fees for i765.
2.
What is the confusion here? Do as what the instruction says. It is pretty elaborate.
Copy of your respective passport pages.
I think there was some wiki's somewhere listing the documents to send for EAD.
3. Do as the instruction says.
HI
I am planning to file a for a fresh EAD or new EAD.
I had filed 485 on 08/06/2007.
Now I have the following questions:
1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
"If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
Does that mean I donot have to pay any fee to USICS for EAD application?
2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
On the I-765Instr document it says
"You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
Which document I should provide as per the above statement?
3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?
Thanks in advance.
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