ascetic
04-30 11:49 AM
Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
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Pineapple
08-05 12:37 AM
An I-140 has nothing to do with I-485, except to the extent that an I-140 has to be approved before an I-485 can be approved. So I-140 approval is must before an I-485 can be approved. Further, an I-140 is not related to the priority date - An I-140 can be filed any time once one has an approved labor (Assuming, of course, one is applying in EB2/EB3). But I-485 can only be picked up for processing (or even filed) if the priority date is current.
If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
(USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)
Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.
PS: I'm not a lawyer, so don't shoot me, please..
If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
(USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)
Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.
PS: I'm not a lawyer, so don't shoot me, please..
Can2004
03-14 10:54 AM
Hi everyone,
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
2011 The 2009 Mercedes-Benz S-Class
sweet_jungle
10-06 12:08 AM
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
more...
gcwait2007
12-08 07:18 PM
USCIS Ombudsman resolves general issues like delay in NSC for I-140 approvals.
I found the following in DHS website:
CIS Ombudsman - Send Your Recommendations
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.
Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
There is also a tele-conference happening on 14-Dec-2007 from 1.30 pm to 2.30 pm EST. For attending the call, you need to send email for getting you invited.
I request Leaders of Immigration Voice to decide whether they can take-up with USCIS Ombudsman.
Thanks
I found the following in DHS website:
CIS Ombudsman - Send Your Recommendations
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.
Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
There is also a tele-conference happening on 14-Dec-2007 from 1.30 pm to 2.30 pm EST. For attending the call, you need to send email for getting you invited.
I request Leaders of Immigration Voice to decide whether they can take-up with USCIS Ombudsman.
Thanks
sdrblr
09-09 10:26 AM
I second it :) NO SSN REQUIRED FOR PP. I filled out 000-00-0000 for my son. I believe there was a site or document I looked up and got this info (dont remember where I found it).
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
more...
immi_enthu
06-11 08:59 AM
Wht do u mean..partially?
http://www.immigration-law.com/Canada.html
06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension
* AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.
http://www.immigration-law.com/Canada.html
06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension
* AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.
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IfYouSeekAmy
05-17 10:14 AM
I used David Cohen at
Canada Immigration - Information on Immigration to Canada (http://www.canadavisa.com/)
Canada Immigration - Information on Immigration to Canada (http://www.canadavisa.com/)
more...
roseball
03-08 07:24 PM
Hi,
My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.
Looks like a very complicated issue....I hope you applied for a Change of Status to H4 when your H1 was denied in Oct 2007...But this might not be necessary as you have a pending AOS.....However, the AOS was filed assuming you were in H1, so it gets complicated as your H1 was denied....Consult a lawyer ASAP.....Incase you are considered out of status since Oct 2007 (I dont know if you are out-of-status), then you need to take some action ASAP so the 180 day rule doesnt apply to you...The reason why your H1 transfer was denied in Feb 2007/Oct 2007 is obvious, due to lack of employment history with Company A......I hope your husband is still on H1 status so you can convert to H4 and work on EAD...I would get a H4 stamp and re-enter the country asap on H-4....I am not trying to scare you but there are high chances that you will be called for an interview or a RFE will be issued....In that case, if you re-enter the country on H4, the immigration officer can only question your status from the latest date of re-entry to the RFE/Interview date.....There was a separate thread on this..You can search for it...
My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.
Looks like a very complicated issue....I hope you applied for a Change of Status to H4 when your H1 was denied in Oct 2007...But this might not be necessary as you have a pending AOS.....However, the AOS was filed assuming you were in H1, so it gets complicated as your H1 was denied....Consult a lawyer ASAP.....Incase you are considered out of status since Oct 2007 (I dont know if you are out-of-status), then you need to take some action ASAP so the 180 day rule doesnt apply to you...The reason why your H1 transfer was denied in Feb 2007/Oct 2007 is obvious, due to lack of employment history with Company A......I hope your husband is still on H1 status so you can convert to H4 and work on EAD...I would get a H4 stamp and re-enter the country asap on H-4....I am not trying to scare you but there are high chances that you will be called for an interview or a RFE will be issued....In that case, if you re-enter the country on H4, the immigration officer can only question your status from the latest date of re-entry to the RFE/Interview date.....There was a separate thread on this..You can search for it...
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gjoe
01-03 04:38 PM
I think USCIS process cases based on the I485 RD. The IO gets the file and he approves if everything is ok with the file and assigns a visa number if it is available, they generally don't care about the PD because they don't want to go back and review the same file. They are doing their best to complete work on a file in one go instead of putting it through multiple queues and re-visiting the case again and again. Bottomline they are working effeciently by using their manpower more productively instead of going back and forth on the 1 million I485 files.
This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.
I maybe wrong, but the trend suggests what I have mentioned.
This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.
I maybe wrong, but the trend suggests what I have mentioned.
more...
mnkaushik
07-19 08:20 AM
I am not entirely sure but there is a provision called "Follow to Join" that allows you to apply for spouse's 485, 6 months after your 485 is approved. The only condition you need to satisfy is that you should have married your spouse before your 485 approval date. Ask your lawyer about it. I think you should be fine. About legal status since your spouse's 485 is rejected and ur h1 is invaldiated due to your 485 approval, i dont know and you need to aks your lawyer about it.
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piyu7444
07-13 05:29 PM
Thanks for all who replied...
Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?
Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...
Thanks
Almost every time landed @ delhi and then got to a domestic flight (@ Indore - lot of times)
It all depends on your international arrival and next connection to domestic city (how long is lay over?) You can get a good connection from New york to mumbai to indore with airline A due to its flight schedule but you might not get the same ''good connection'' with airline B as it just has a different schedule.
So it depends on the following
-From where you fly
-When you reach
-When is the first avaiable domestic flight
-how much is the total cost
:)
Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?
Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...
Thanks
Almost every time landed @ delhi and then got to a domestic flight (@ Indore - lot of times)
It all depends on your international arrival and next connection to domestic city (how long is lay over?) You can get a good connection from New york to mumbai to indore with airline A due to its flight schedule but you might not get the same ''good connection'' with airline B as it just has a different schedule.
So it depends on the following
-From where you fly
-When you reach
-When is the first avaiable domestic flight
-how much is the total cost
:)
more...
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niklshah
08-25 11:02 PM
Hi all!
I did quick search on this website and notice nothing about infopass experience at Detroit, MI office ( ... I am sure someone smarty pants is going to say I didn't search hard enough), anyway I wanted to share my expereience, so started this thread.
I have apointment tommorow, and will share what happened ( or didn't). If you had been already thru this, please feel free to share pointers.
Regards and Peace!
I had info pass at detroit office last year regarding my EAD application. They were of no help, they called just in few minutes but it was of no help guy was really rude and he did not want to see any documents which i wanted to show him. so it was of no use. than i went to Senator Levin's office and they were of real good help they followed up on my case and i got my approval in couple of days.
anyways
good luck for your meeting.
I did quick search on this website and notice nothing about infopass experience at Detroit, MI office ( ... I am sure someone smarty pants is going to say I didn't search hard enough), anyway I wanted to share my expereience, so started this thread.
I have apointment tommorow, and will share what happened ( or didn't). If you had been already thru this, please feel free to share pointers.
Regards and Peace!
I had info pass at detroit office last year regarding my EAD application. They were of no help, they called just in few minutes but it was of no help guy was really rude and he did not want to see any documents which i wanted to show him. so it was of no use. than i went to Senator Levin's office and they were of real good help they followed up on my case and i got my approval in couple of days.
anyways
good luck for your meeting.
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njdude26
07-03 06:57 PM
longer how and in what stage ?
It's true that one has to mention about 485, select a choice between consular processing vs processing with in USA. this is usually done while applying for 140.
However, one can always make an amendment (to either approved 140 or 140 in pending ) to change the choice
by doing so, one has to wait for a bit longer time. (but, what difference it makes in these days of retrogression?)
It's true that one has to mention about 485, select a choice between consular processing vs processing with in USA. this is usually done while applying for 140.
However, one can always make an amendment (to either approved 140 or 140 in pending ) to change the choice
by doing so, one has to wait for a bit longer time. (but, what difference it makes in these days of retrogression?)
more...
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mhtanim
02-11 06:00 PM
Count me in. No FP Notice yet.
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gcformeornot
10-12 02:25 PM
you need to get paid all the time. Even during maternity leave. Not getting paid is voilation of status and violation of employer-employee relationship.
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rkm
07-17 06:29 PM
Dear Lofgren,
Thank you very much for your great effort to resolve our issues.
Thank you very much for your great effort to resolve our issues.
girlfriend on Mercedes S 63 AMG:
setpit_gc
08-13 02:09 PM
What if that company not willing to offer any employment or no longer exists?.
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USDream2Dust
09-24 10:13 AM
but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
skothuru
06-21 12:11 PM
Thanks for your prompt reply.Is this the format you are talking about?
AFFIDAVIT REGARDING BIRTH
I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:
I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father�s name) is his/her father and _____________ (mother�s name) is his/her mother.
______________________________
Signature of Deponent
AFFIDAVIT REGARDING BIRTH
I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:
I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father�s name) is his/her father and _____________ (mother�s name) is his/her mother.
______________________________
Signature of Deponent
iyer
11-30 07:28 PM
1) You can stay home even without any job, when you have EAD.
2) Alternatively, work for this SAP if they could provide a job description similar to your past when an RFE comes your way.
Chill out, you are good.
Hello Guru's
Please help on this. Need your suggestions/ thoughts.
Thanks
2) Alternatively, work for this SAP if they could provide a job description similar to your past when an RFE comes your way.
Chill out, you are good.
Hello Guru's
Please help on this. Need your suggestions/ thoughts.
Thanks
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