Ann Ruben
04-08 11:05 AM
Hi Xela,
I am so sorry for what you must be going through. There are certain visas/immigration law provisions to assist victims of violent crime. I would need more information about your particular circumstances in order to provide any useful guidance. If you would prefer not to share personal details in a public forum, please feel free to contact me confidentially by phone or e-mail.
With respect to your first query, as an applicant for AOS you will retain legal immigration status even if you engage in non-H-1B employment using an EAD. You will, however, lose "lawful non-immigrant (H-1B) status" if you perform work for any entity that has not petitioned for H-1B status on your behalf.
Keep in mind that merely applying for and obtaining an EAD has NO impact on your lawful H-1B status. So, given life's uncertainties, it's generally a good idea to obtain EAD and Advance Parole just in case H-1B employment is lost.
Hope this helps,
Ann
I am so sorry for what you must be going through. There are certain visas/immigration law provisions to assist victims of violent crime. I would need more information about your particular circumstances in order to provide any useful guidance. If you would prefer not to share personal details in a public forum, please feel free to contact me confidentially by phone or e-mail.
With respect to your first query, as an applicant for AOS you will retain legal immigration status even if you engage in non-H-1B employment using an EAD. You will, however, lose "lawful non-immigrant (H-1B) status" if you perform work for any entity that has not petitioned for H-1B status on your behalf.
Keep in mind that merely applying for and obtaining an EAD has NO impact on your lawful H-1B status. So, given life's uncertainties, it's generally a good idea to obtain EAD and Advance Parole just in case H-1B employment is lost.
Hope this helps,
Ann
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imbond707
12-07 10:59 AM
Dear IV Members,
Last week I received a copy of �Approved I-140� using Freedom of Information Act. I took almost 7 months to get requested information. Following are the steps to use FOIA:
1. Write a cover letter (Sample attached)
2. Complete Form G-639 (Sample form �Freedom of Information Act - G-639 - Form.pdf� attached)
3. Write your I-140 Receipt # in �Column 4�.
4. Important: Make sure you complete �Column 7� or you will be asked to send you application again.
5. For �Column 8� you can sign it yourself under �Executed in US� (No need to use Notary)
6. Send this form to:
USCIS National Record Center
FOIA Division
P.O. Box 648010
Lee Summit, MO 64064-5570
I received copy of approved I-140 last week (Copy of 1st page is attached). You can check status of FOIA request at FOIA Request Status Check (http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD).
I hope above information will be useful for others who want to use FOIA.
Last week I received a copy of �Approved I-140� using Freedom of Information Act. I took almost 7 months to get requested information. Following are the steps to use FOIA:
1. Write a cover letter (Sample attached)
2. Complete Form G-639 (Sample form �Freedom of Information Act - G-639 - Form.pdf� attached)
3. Write your I-140 Receipt # in �Column 4�.
4. Important: Make sure you complete �Column 7� or you will be asked to send you application again.
5. For �Column 8� you can sign it yourself under �Executed in US� (No need to use Notary)
6. Send this form to:
USCIS National Record Center
FOIA Division
P.O. Box 648010
Lee Summit, MO 64064-5570
I received copy of approved I-140 last week (Copy of 1st page is attached). You can check status of FOIA request at FOIA Request Status Check (http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD).
I hope above information will be useful for others who want to use FOIA.
ddeka
03-24 09:22 AM
No reply yet!!!!
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venky08
07-30 06:28 PM
you can enter the country even a day before your visa expires, but the main thing here is the i-94 stamp where the immigration officer puts the duration of your stay...it will be till your visa expiry date. so it is better for you to have an approval for the extension so that you can get to stay till the expiry of your visa. do premium processing or something, you still have time...
i am not an attorney...check this out with your attorney...
i am not an attorney...check this out with your attorney...
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rbharol
09-08 12:06 AM
All I heard was "securing our borders" a couple of hundred times.
tampacoolie
07-06 09:45 PM
Why not microsoft? The rest of high tech industry will not survive if they can't move their 60% of operations outside of USA. Bone headed congress will continue to come up with legislation that encourage illegal immigration and discourage legal immigration. Sounds like 19th century for UK, 20th century for USA and 21st century for China and India. Dollar declines and what is the use of GC? I am thinking of going back where the growth is.
more...
martinvisalaw
03-18 03:36 PM
1. I need advice as to how to withdraw the I-485 AOS application. I do no have copy of documents/notices that USCIS sent.They are with my wife.
Or
2. If we do work out our differences then is there a way to keep the current AOS alive? Or shall I get the current one withdrawn and file for a new one if we do resolves our differences?
3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?
Sorry about your marriage problems. If there is a chance that you might be able to work things out, I suggest rescheduling the 485 interview. If you even have the interview letter, then you should have the receipt number and your A# that can be used to track the file. You can also use these to withdraw the 485 if you need to.
If you do withdraw the 485, it would not automatically revoke the I-130, assuming this is approved. It may not be approved, however.
Or
2. If we do work out our differences then is there a way to keep the current AOS alive? Or shall I get the current one withdrawn and file for a new one if we do resolves our differences?
3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?
Sorry about your marriage problems. If there is a chance that you might be able to work things out, I suggest rescheduling the 485 interview. If you even have the interview letter, then you should have the receipt number and your A# that can be used to track the file. You can also use these to withdraw the 485 if you need to.
If you do withdraw the 485, it would not automatically revoke the I-130, assuming this is approved. It may not be approved, however.
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gk_2000
11-05 05:07 PM
It leaves out per-country limits for EB
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02-26 05:02 PM
is this ok for my 1st project :) ?
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gulbir
06-20 02:51 PM
For filing of I485, do I need to file for my dependent child who is an US citizen (age :1 year+)? Also does my child need to go through the medical exam and be part of the I485 application even though she is a citizen?
Sometimes it becomes confusing and some guidance from our IV folks is really appreciated.
Sometimes it becomes confusing and some guidance from our IV folks is really appreciated.
more...
bestin
09-28 06:53 AM
Finally,my attorney has sent me a mail that the cheques were encashed on Sep27th morning.Any idea when will be the finger printing as i am planning to goto India in early Nov.
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Almond
08-04 10:21 PM
Today, I received an email from USCIS that my EAD application got approved. My receipt date is on the 3rd week of May of 2007. What I don't understand is that the current processing time at NSC for I-765(EAD) for pending I-485 is March 26th, 2007.....
We have the exact same situation down to the receipt date :eek: I was so shocked I almost fell off my chair when I got my email. A completely unexpected surprise but a good surprise, nevertheless.
We have the exact same situation down to the receipt date :eek: I was so shocked I almost fell off my chair when I got my email. A completely unexpected surprise but a good surprise, nevertheless.
more...
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H1B-GC
08-07 02:30 PM
Take an Inpass Appointment and Meet local USCIS officer and ask for help... Letter or Duplicate EAD. If you have a Job Offer letter they Might expedite the EAD Request..
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jpmaddali
04-27 04:38 PM
Friends,
My EB2 I-140 got approved during 1st week of April and USCIS successfully ported my EB3 priority date of Jan, 2006 to the new EB2 I-140. As per my attorney, interfiling shouldn't be done as I have been with same employer all along and same employer sponsored for my porting. The attorney says, this should be automatically taken care of by USCIS.
My question is...I couldn't find the proper procedure/documentation for my scenario. Did any body come across this situation and can any one offer any suggestion?
Thanks for any inputs,
My EB2 I-140 got approved during 1st week of April and USCIS successfully ported my EB3 priority date of Jan, 2006 to the new EB2 I-140. As per my attorney, interfiling shouldn't be done as I have been with same employer all along and same employer sponsored for my porting. The attorney says, this should be automatically taken care of by USCIS.
My question is...I couldn't find the proper procedure/documentation for my scenario. Did any body come across this situation and can any one offer any suggestion?
Thanks for any inputs,
more...
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sfgvzla
04-13 09:44 AM
hi, i just got my receipt and fingerprint apointment for the I-485 (mine is a family petition with the I-130 approved) couples of weeks ago(my fingerprint apointment is next week), and yesterday i got a letter with request of evidence that says;
The Household menber (me) on form 864A, Contract between Sponsor and Household Member provided a different address from the petitioner/sponsor on form 864A, Afiidavit of support an/or is not listed as dependent on the petitioner/sponsor's federal income tax return.
Please submit evidense that the household member listed on form I-864A, lives at the same address as the petitioner/sponsor or was listed as dependent on the petitioner/sponsor's federal income tar return
I want to know what can i sent in order to prove that i live in the same house. My stepdad (my peticioner) couldn't put me in his tax because they said he couldn't because i don't have a social security number yet. Do the guy who does our taxes make a letter stating i live there but could'nt be included in the taxes? or should my stepdad do it? or does mail could be consider evidence or a copy of my drivers license with the same address?
My mom went throught the same, they kept asking her for more evidence but eventually she got all her papers. I wish this could be more easy.
I really appreciate your help. Thank you.
The Household menber (me) on form 864A, Contract between Sponsor and Household Member provided a different address from the petitioner/sponsor on form 864A, Afiidavit of support an/or is not listed as dependent on the petitioner/sponsor's federal income tax return.
Please submit evidense that the household member listed on form I-864A, lives at the same address as the petitioner/sponsor or was listed as dependent on the petitioner/sponsor's federal income tar return
I want to know what can i sent in order to prove that i live in the same house. My stepdad (my peticioner) couldn't put me in his tax because they said he couldn't because i don't have a social security number yet. Do the guy who does our taxes make a letter stating i live there but could'nt be included in the taxes? or should my stepdad do it? or does mail could be consider evidence or a copy of my drivers license with the same address?
My mom went throught the same, they kept asking her for more evidence but eventually she got all her papers. I wish this could be more easy.
I really appreciate your help. Thank you.
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cooltypes
04-13 11:21 AM
We are indian nationals living in the US - I have an H1-B visa with visa stamp valid till 05/2010 and my wife is on H4 - she has a valid 797 but does not have a visa stamp yet
We are planning to visit UK on visitor visa for 2 weeks .. Is it possible to get a visa stamp in London US consulate and how long does it normally take to get a visas stamp?
Thanks!
We are planning to visit UK on visitor visa for 2 weeks .. Is it possible to get a visa stamp in London US consulate and how long does it normally take to get a visas stamp?
Thanks!
more...
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hpandey
10-09 10:19 AM
Its more like paranoid journalism and the author's background states she has a degree in investigative journalism:mad:
I don't get it - how can USCIS take a sample of 250 people out of the 65000 visas alotted and say that 21 % of them were fraud ( 13% totally and 8 % technically ) . Its like taking only the fraud cases out of thousands and then saying that there is 100% fraud. I bet the fraud cases are not as high as 20% that the author and USCIS say.
It is sad to see that although we H1b immigrants get paid more than the American people ( considering what the employer gets from the client ) and even then we have to hear that we are lowly paid. Speaking from my point of view I know I am paid far more than my american counterparts in the same job profile.
I don't get it - how can USCIS take a sample of 250 people out of the 65000 visas alotted and say that 21 % of them were fraud ( 13% totally and 8 % technically ) . Its like taking only the fraud cases out of thousands and then saying that there is 100% fraud. I bet the fraud cases are not as high as 20% that the author and USCIS say.
It is sad to see that although we H1b immigrants get paid more than the American people ( considering what the employer gets from the client ) and even then we have to hear that we are lowly paid. Speaking from my point of view I know I am paid far more than my american counterparts in the same job profile.
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StukAtBEC
08-04 10:57 AM
All,
I' am a new member and I recently read about IV group on samachar.com with regards to the flower campaign. Congratulations to all of them who could file thier I-140's and I-485's. Special thanks to all those who were involved in getting this resolution.
This is my first post and I would like to know if we can all get together and request DOS for accomodating all the pending applicants with BEC's during the October's Visa bulletin.
I know it sounds ridiculous but if you put the numbers together...currently there are around 25000 applications pending with BEC's and by Aug 17th those numbers might come down to 22,000. I' am not sure what would USCIS or DOS would gain in holding these 22000 applications back. May be 50,000 with dependents.
The best solution would be to have PD's of April'2005 for all EB categories in the month of October'07. If IV group could lobby for all the remaining applicants at BEC's, then it would be ideal for every one. Justice to all aspiring legal immigrants.
All of us can then focus our energies on other issues like Visa numbers, capturing unused visas, not counting dependents in the visa quota etc.
I hope everyone (those who have already submitted I-140's and I-485's) can support us on this issue and this should be on top of all the priorities.
Please provide any suggestions you might have on this subject.
************************************************** ******
My labor details:
EB2; Nov-2004; Non-RIR; Stuck at PBEC.
I' am a new member and I recently read about IV group on samachar.com with regards to the flower campaign. Congratulations to all of them who could file thier I-140's and I-485's. Special thanks to all those who were involved in getting this resolution.
This is my first post and I would like to know if we can all get together and request DOS for accomodating all the pending applicants with BEC's during the October's Visa bulletin.
I know it sounds ridiculous but if you put the numbers together...currently there are around 25000 applications pending with BEC's and by Aug 17th those numbers might come down to 22,000. I' am not sure what would USCIS or DOS would gain in holding these 22000 applications back. May be 50,000 with dependents.
The best solution would be to have PD's of April'2005 for all EB categories in the month of October'07. If IV group could lobby for all the remaining applicants at BEC's, then it would be ideal for every one. Justice to all aspiring legal immigrants.
All of us can then focus our energies on other issues like Visa numbers, capturing unused visas, not counting dependents in the visa quota etc.
I hope everyone (those who have already submitted I-140's and I-485's) can support us on this issue and this should be on top of all the priorities.
Please provide any suggestions you might have on this subject.
************************************************** ******
My labor details:
EB2; Nov-2004; Non-RIR; Stuck at PBEC.
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iam4u4ever
05-30 05:00 PM
Can anyone tell me how long it will take to receive card after receiving welcome email?
Permanent Resident Card Production Delays
USCIS is announcing that applicants may experience up to an eight week delay in the delivery of their permanent resident card while we are in the process of upgrading our card production equipment. USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview. You will need to take your passport to your appointment. If you do not have a passport, you must bring a passport style photo and government issued photo identification to receive temporary evidence of permanent residence.
If the application is approved subsequent to your interview or by a Service Center or the National Benefit Center, the applicant should bring the above documents to an INFOPASS appointment to be issued temporary evidence of permanent residence in the form of an I-551 stamp.
Last updated:05/29/2009
Permanent Resident Card Production Delays
USCIS is announcing that applicants may experience up to an eight week delay in the delivery of their permanent resident card while we are in the process of upgrading our card production equipment. USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview. You will need to take your passport to your appointment. If you do not have a passport, you must bring a passport style photo and government issued photo identification to receive temporary evidence of permanent residence.
If the application is approved subsequent to your interview or by a Service Center or the National Benefit Center, the applicant should bring the above documents to an INFOPASS appointment to be issued temporary evidence of permanent residence in the form of an I-551 stamp.
Last updated:05/29/2009
admin
05-30 08:42 AM
Immigration Voice has been featured today's Baltimore Sun Headlines. Given that many of the Lawmakers and their Staff reside in the Baltimore area, we're sure that this will be a great positive impact for our cause. Thanks to our member Raj Patel for volunteering for this effort.
http://www.baltimoresun.com/news/nationworld/bal-te.md.skilled30may30,0,682133.story?page=1&coll=bal-local-headlines
http://www.baltimoresun.com/news/nationworld/bal-te.md.skilled30may30,0,682133.story?page=1&coll=bal-local-headlines
number30
04-09 02:48 PM
Pardon me if this question has been asked before. This query is for my friend who got laid off just before his 140 got approved in 02/09.
Case details: PD 08.2007; 3 yr. H1B expiring 08.2009
What are his options to keep the GC process rolling & things to consider?
Can he return to his home country, India, and apply 485 by consular processing when his PD is current?
Thank you.
Company should not revoke his I-140 and support him with all the documents for the interview. There is no AC-21 for the CP.
Case details: PD 08.2007; 3 yr. H1B expiring 08.2009
What are his options to keep the GC process rolling & things to consider?
Can he return to his home country, India, and apply 485 by consular processing when his PD is current?
Thank you.
Company should not revoke his I-140 and support him with all the documents for the interview. There is no AC-21 for the CP.
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