stirfries
12-01 06:28 PM
Hello,
My case is unique. We applied for our AP(for both myself and my spouse) through our Attorney on October 21st and the online case status for our AP petitions changed to,
"Document Production or Oath Ceremony" on November 16th.
Our case notes also said,
"On November 16, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283".
It has been 12 Postal business days since the document was mailed out and our Attorney is yet to receive it.
Today I called up USCIS customer service enquiring about my petition. I was told by the CSR that, the "Document Production" doesn't necessarily mean that the document was sent out. It merely means that the Petition was approved and they have moved on to the next step of "Producing" / "Printing" the actual document and once it is produced/printed, it would be mailed out. She also asked me to call them back, 30 days after November 16th, if I still didn't receive the documents.
Whatever the CSR said, contradicts the case notes which clearly says, the Document was mailed out.
Any advises on what I should do?
I have an upcoming Travel by last week of December and I would really like to have my AP document on hand before I exit out of the the country.
Any clues or advises would be highly appreciated.
Thanks,
My case is unique. We applied for our AP(for both myself and my spouse) through our Attorney on October 21st and the online case status for our AP petitions changed to,
"Document Production or Oath Ceremony" on November 16th.
Our case notes also said,
"On November 16, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283".
It has been 12 Postal business days since the document was mailed out and our Attorney is yet to receive it.
Today I called up USCIS customer service enquiring about my petition. I was told by the CSR that, the "Document Production" doesn't necessarily mean that the document was sent out. It merely means that the Petition was approved and they have moved on to the next step of "Producing" / "Printing" the actual document and once it is produced/printed, it would be mailed out. She also asked me to call them back, 30 days after November 16th, if I still didn't receive the documents.
Whatever the CSR said, contradicts the case notes which clearly says, the Document was mailed out.
Any advises on what I should do?
I have an upcoming Travel by last week of December and I would really like to have my AP document on hand before I exit out of the the country.
Any clues or advises would be highly appreciated.
Thanks,
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samuel5028
04-11 02:48 AM
You should apply neither Fiance visa (K1) or Tourist visa (B2) I guess that is the best and fastest way as far as I know.
Why he wants to apply for fiance visa? Is that his problem? did you read his situation?
Why he wants to apply for fiance visa? Is that his problem? did you read his situation?
Alien
02-09 11:22 PM
Is Canada an option? Its a safe bet to get it stamped in Canada.You will get your passport back the same day or the next. You shouldnt have any problem related to transit visa as long as you stay inside the airport.Check with the respective consulates.
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tonyHK12
01-11 09:28 AM
The second part also sounds pretty reasonable to me:
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
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soneC
06-15 01:10 PM
Dear Ms. Martin:
Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:
1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?
2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?
3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?
4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?
5. Please give me a fee quote for I-485/EAD/AP?
Thank you so much. I am looking forward to your reply.
Sincerely
Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:
1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?
2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?
3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?
4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?
5. Please give me a fee quote for I-485/EAD/AP?
Thank you so much. I am looking forward to your reply.
Sincerely
chanduv23
08-06 10:02 AM
I will be there
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inskrish
05-02 12:23 AM
thanks snathan. I do plan to carry i-797. When you say "you will be given till aug 2009", what are you referring to?
It's I-94
It's I-94
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willgetgc2005
11-01 02:10 PM
I have a question about my Mother in laws' visit to the USA.She has a 10 year multi entry tourist visa (B1, validity from 2005 to 2015) to the US and she has visited the US 3 times so far and the dates are as follows
February 18, 2006 to August 16, 2006 (visited her sons family in East)
July 8, 2007 to January 7, 2008 (stayed with us)
August 2, 2008 to February 01, 2009 (stayed with us)
She is currently on her 3rd visit to the USA and is living with us. Her departure date is January 2009. On her visit this time, at the port of entry (LAX) she was asked by the Immigration officer if she was visiting USA so often because of her grand child. She said yes and the immigration officer stamped her a 6 month stay and also told her to be careful of future visits so often to the United States. My mother in law is a widow and both her children live in the US as permanent residents.
Our baby recently had a health issue and was hospitalized. But due to all this with my wife and I both working, my wife feels it would be good if we could get my mother in law an extension of stay (perhaps 3months plus beyond January 2009)till my wife can complete her internship (which is time bound). My mother in laws� son lives in the east coast and he is a permanent resident in the USA.
I do not want to jeopardize her ability to visit the US in future due to an extension. So the question are:
Will a request for extension be approved by USCIS?
Will this jeopardize her chances of coming to the US in future?
IF she gets an extension this time, what will be the cooling off period for her to come to the US next time
How long does it take for USCIS to process a request for extension and what is the processing fee
Your response is greatly appreciated.
February 18, 2006 to August 16, 2006 (visited her sons family in East)
July 8, 2007 to January 7, 2008 (stayed with us)
August 2, 2008 to February 01, 2009 (stayed with us)
She is currently on her 3rd visit to the USA and is living with us. Her departure date is January 2009. On her visit this time, at the port of entry (LAX) she was asked by the Immigration officer if she was visiting USA so often because of her grand child. She said yes and the immigration officer stamped her a 6 month stay and also told her to be careful of future visits so often to the United States. My mother in law is a widow and both her children live in the US as permanent residents.
Our baby recently had a health issue and was hospitalized. But due to all this with my wife and I both working, my wife feels it would be good if we could get my mother in law an extension of stay (perhaps 3months plus beyond January 2009)till my wife can complete her internship (which is time bound). My mother in laws� son lives in the east coast and he is a permanent resident in the USA.
I do not want to jeopardize her ability to visit the US in future due to an extension. So the question are:
Will a request for extension be approved by USCIS?
Will this jeopardize her chances of coming to the US in future?
IF she gets an extension this time, what will be the cooling off period for her to come to the US next time
How long does it take for USCIS to process a request for extension and what is the processing fee
Your response is greatly appreciated.
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willigetagc
08-17 02:32 PM
just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
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redgreen
08-04 01:38 PM
If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.
She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.
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glus
11-06 02:30 PM
If I renew my H1B can I avoid visa stamping by using the AP travel document.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
If you renew your H-1B, you can the U.S. re-enter on AP, but you will not receive I-94 with H-1B status and you will be a "parolee," which is not any nonimmigrant status. It is safer to just get H-1B stamped.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
If you renew your H-1B, you can the U.S. re-enter on AP, but you will not receive I-94 with H-1B status and you will be a "parolee," which is not any nonimmigrant status. It is safer to just get H-1B stamped.
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madhu345
03-14 07:09 AM
From my experince you can earn referral fees but you have to file your taxes for that amount, send me PM if you need any further details.
-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
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roseball
05-02 02:09 PM
It shouldn't be a problem if you get into a financially sound company and hire a good attorney...PERM and I-140 shouldn't take more than 6 months if you hire a good attorney.....
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sparuthi
08-07 09:08 PM
I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.
The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.
I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?
Any idea?
cheers
Sidharth
The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.
I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?
Any idea?
cheers
Sidharth
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smuggymba
08-10 08:48 AM
Friends
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
We did the COS from H4 (stamped) to F1 for my wife ourselves. It was easy, no lawyer but we got an RFE on the dollar amount so we replied again ourselves (giving an excel sheet etc). You can do it yourself.
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
We did the COS from H4 (stamped) to F1 for my wife ourselves. It was easy, no lawyer but we got an RFE on the dollar amount so we replied again ourselves (giving an excel sheet etc). You can do it yourself.
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velan
05-26 06:17 AM
We should say thanks to IV core team, senators who understand our pains and helped to achieve this level and finally to QGA for the guidance given to IV core team.
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pcs
01-03 04:02 PM
Can we make it flexible so that the jump in amount can be as low as possible with a $20 minimum
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h1vegas
06-24 03:01 PM
Pls reply
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ghost
08-21 03:09 PM
You are right and it is disastrous unless some law passes. More information can be found at: http://immigrationvoice.org/forum/showthread.php?t=1358
rajenk
08-14 05:18 PM
Thank you all.
Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!
I'll wait, and will check with my lawyer to see if they can verify with the cashed check.
Thanks
Raj
Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!
I'll wait, and will check with my lawyer to see if they can verify with the cashed check.
Thanks
Raj
tikka
08-07 11:31 AM
how bad can that be.. :D
any other tri state members want to be a part of IV?
any other tri state members want to be a part of IV?