java_jaggu
06-20 04:29 PM
logiclife, I am not sure whether we can file the 485 on our own with a letter from the employer. The letter from the employer is part of the "Initial Evidence" required to file the 485 petition. Here is a snippet from the immigration-law website talking about the importance of submitting the initial evidence at the time of filing. There is a high possibility that your I-485 petition will get denied(without an RFE) if you don't submit it without a letter from the employer.
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
hi_mkg
05-08 03:31 AM
I believe the same post sounds some what fishy, check this guys posts all the way back from 07 to till now.
posts (http://immigrationvoice.org/forum/search.php?searchid=1654575)
USCIS going all the way back to 1999, that too dependent's I-94 card which has a month expired.
Why on earth an attorney didn't suggested to use nunc pro trunc which facilitates saying person is maintaining legal status after the recent entry.
What is your problem mister? What will a person get here to post a fishy message? If you can not offer any help then it is better to read and ignore. Instead of hurting someones feeling. I guess you do not understand how does it feel when some one tells you " you will be thrown out from this country with in few days after spending 10 yrs here".
Any way Good luck to you for your GC!!! and I wish that you will not face this kind of pain of rejection.
Though, I'm really sorry to see such kind of arrogant and bad-mouth people in this forum.
posts (http://immigrationvoice.org/forum/search.php?searchid=1654575)
USCIS going all the way back to 1999, that too dependent's I-94 card which has a month expired.
Why on earth an attorney didn't suggested to use nunc pro trunc which facilitates saying person is maintaining legal status after the recent entry.
What is your problem mister? What will a person get here to post a fishy message? If you can not offer any help then it is better to read and ignore. Instead of hurting someones feeling. I guess you do not understand how does it feel when some one tells you " you will be thrown out from this country with in few days after spending 10 yrs here".
Any way Good luck to you for your GC!!! and I wish that you will not face this kind of pain of rejection.
Though, I'm really sorry to see such kind of arrogant and bad-mouth people in this forum.
usirit
01-28 01:33 PM
It's amazing the time and energy spent (wasted?) with Sen. Mike Delph illegal-worker bill. Would it be the same for an improved Legal Immigrants system? :rolleyes: I guess not because we are already paying taxes, but unfortunately for us we are stuck in this overkill and non-sense process. My LC (EB3) for instance is waiting to be certified by Chicago DOL since 08/06/07, it got audited in 12/05/07, DENIED on 12/21/07, appealed, and then moved back to "In Process" in 01/10/08. My wife and 3 kids are stuck with their H-4 status while I am an H1-B. Meanwhile, around $20K has been paid between immigration and legal/attorney's fees.
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
qplearn
12-19 05:05 PM
Not from the bathtub. ;)
Post your experience with the call.
My experience was very pleasant! They did not say it in so many words, but it was clear that they appreciated my call. I urge all of you to call Senator Cornyn. This is a really good idea, unless the core thinks otherwise (I am really not sure what the core thinks about this). Their staff has not received too many calls from supporters like us is what I could make out (but I could be wrong).
And by the way, the call was made from just outside my office on a cell phone --- not from the bath tub this time :)
Post your experience with the call.
My experience was very pleasant! They did not say it in so many words, but it was clear that they appreciated my call. I urge all of you to call Senator Cornyn. This is a really good idea, unless the core thinks otherwise (I am really not sure what the core thinks about this). Their staff has not received too many calls from supporters like us is what I could make out (but I could be wrong).
And by the way, the call was made from just outside my office on a cell phone --- not from the bath tub this time :)
more...
go_guy123
01-11 05:19 AM
It would be hard to find a similar paying job in canada. Is there some kind of legal issue I would be in if I dont migrate to canada? Will I be barred from ever entering that country again?
Canada PR rules have been tightened in Feb 2008. Once you lose it , next time you may not get PR if you apply.
Canada PR rules have been tightened in Feb 2008. Once you lose it , next time you may not get PR if you apply.
johnamit
08-13 09:58 AM
advantage I will have is I am guaranteed to stay till my 9th year H1 expires which still has 2+ yrs left, and at the same time take second job on EAD and travel on AP. If I choose to switch to EAD then if the 485 decision is against then I would have no option of staying here.
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Achi Goro
11-17 03:25 PM
Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.
To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.
***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).
Thank you for information
What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.
To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.
***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).
Thank you for information
What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.
venkat80
08-28 03:21 PM
Feb 06 - NSC
Venkat,
Did you not post some days back that you were approved for 485.What is your PD and what service center.
Venkat,
Did you not post some days back that you were approved for 485.What is your PD and what service center.
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mhtanim
11-26 06:06 PM
My friend was in India (out of the U.S.) while his green card got approved. The card was mailed to his U.S. home address. Another friend picked up his mail and mailed the green card to my friend in India. My friend got back into the U.S. with his green card. If the lawyer is correct, how did my friend do it?
Card production is only ordered after your I-485 is approved. If you leave the U.S. after your I-485 is approved (although you didn't receive the physical card), logically you should not be able to use Advance Parole any longer since your AP was based on pending I-485.
The best solution probably would be to go to a local USCIS office, show them your online status and get a stamp on your passport.
Card production is only ordered after your I-485 is approved. If you leave the U.S. after your I-485 is approved (although you didn't receive the physical card), logically you should not be able to use Advance Parole any longer since your AP was based on pending I-485.
The best solution probably would be to go to a local USCIS office, show them your online status and get a stamp on your passport.
pthoko
08-10 11:10 PM
Thank you, your response is clear.
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amitga
07-15 12:47 PM
You are not allowed to re-capture unused photos. This would require a legislative change.:D
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
funny
09-30 05:57 PM
Here it is -
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
So this new system will be in place on oct 29th 2008.. Lets hope that USCIS has been wrong all along in providing correct information to DHS.:D
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
So this new system will be in place on oct 29th 2008.. Lets hope that USCIS has been wrong all along in providing correct information to DHS.:D
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ak_2006
04-20 02:20 PM
It's really heart breaking news.
May God bless his soul and complete all his wishes.
I went to the site, but it not accepting Donations now as they reached the target.
May God bless his soul and complete all his wishes.
I went to the site, but it not accepting Donations now as they reached the target.
ppt.b
11-19 12:04 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
I am in the same situation. Our lawyer suggested that I should use AP if I want to continue working on EAD after my international trip.
Not sure if that is the right way to go.
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
I am in the same situation. Our lawyer suggested that I should use AP if I want to continue working on EAD after my international trip.
Not sure if that is the right way to go.
more...
pappu
09-02 06:50 AM
Its wonderful to see appreciation for core team here. Many of us work hard behind the scenes and are not regular on forums. Thank you all for your continued support and confidence in IV.
gg_ny
06-30 04:39 PM
Thanks, Sanju. I was wondering where to ask for assurance; looks like you have found a place. I too need some help: last time my fingerprint check took almost 8 months (!) and I gave one set of them again today. Can somebody assure me that they will comeback before the dates become U again. I am soon writing to Murthy, Oh, Schusterman and Ombudsman too. Thanks for the empathy - whoever responds..
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
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dhirajgrover
10-16 01:42 PM
..to both of you (AShkam and tnite)!!. It helps!
fromnaija
07-28 02:25 PM
If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.
Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.
If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.
If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.
Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.
If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.
If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.
patiently_waiting
09-16 10:40 AM
This may be older, but it is useful in filing online.
Filing Advance Parole online - 101 (http://nixstor.blogspot.com/2008/09/filing-advance-parole-online-101.html)
Filing EAD online 101 (http://nixstor.blogspot.com/2008/05/filing-ead-online-101.html)
Filing Advance Parole online - 101 (http://nixstor.blogspot.com/2008/09/filing-advance-parole-online-101.html)
Filing EAD online 101 (http://nixstor.blogspot.com/2008/05/filing-ead-online-101.html)
gcnirvana
04-20 11:29 AM
I am not sure about the voting schedule but the immigration bill will be debated in the Senate during the last two weeks of May.
I read this in USA Today:
Senate Majority Leader Harry Reid, D-Nev., has set aside the last two weeks of May for debate on an immigration bill; House Democrats hope to act before the August recess.
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I read this in USA Today:
Senate Majority Leader Harry Reid, D-Nev., has set aside the last two weeks of May for debate on an immigration bill; House Democrats hope to act before the August recess.
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nhfirefighter13
May 31st, 2004, 07:41 PM
LOL ! :D