tkumar03
07-01 04:12 PM
Hi
I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.
Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.
Will it affect his GC and when will he get his GC?
thanks
Kumar
I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.
Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.
Will it affect his GC and when will he get his GC?
thanks
Kumar
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EkAurAaya
11-12 04:23 PM
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
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10-06 01:40 PM
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More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)
More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)
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immigrationmatters30
10-04 01:24 AM
Would this apply even if one did not file I485 or is I485 required to be filed for H1B extention? Also what if, say, company A files bankrupcy or H1B holder from the company is laid off after I140 is approved AND I485 not applied.
I am asking because I missed the boat last year
I am asking because I missed the boat last year
more...
gclabor07
08-26 10:42 AM
Thank you both for the information. I'll recapture my 3 months spent in India as well. Hopefully, that gives me time to get I-140 processed. I'm keeping my fingers crossed about I-140 Premium Processing.
eb3retro
09-15 01:39 PM
Please update your profile.
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
more...
gman
08-19 07:19 AM
Is tourist visa same as business visa for Canada? Live in the US, i-485 pending with Valid EAD and have valid tourist visa. I need to visit one of my company's client for a few days. DO i need a separate visa or should tourist visa do? What do i say at the border crossing?
Sorry if this is not the right forum.
Thanks!
Sorry if this is not the right forum.
Thanks!
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thomachan72
07-23 02:59 PM
No problem
more...
rolrblade
07-31 01:46 PM
Hi,
I have a question an experts:
Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.
Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??
A little correction to andy's answer above.
yes, the I-140 is also for NIW cases, but remember that your priority date is not "fixed" unless you have an approved I-140 backing up that petition.
What Shusterman is saying is that file the I-140 today and get receipt notice (number) and then based on the priority dates being current only till today you will be able to file the I-485 before Aug 17th.
Does this help clear your doubts! Do I qualify as the "expert" that you are looking for? :D Send me a pM if you have questions.
I have a question an experts:
Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.
Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??
A little correction to andy's answer above.
yes, the I-140 is also for NIW cases, but remember that your priority date is not "fixed" unless you have an approved I-140 backing up that petition.
What Shusterman is saying is that file the I-140 today and get receipt notice (number) and then based on the priority dates being current only till today you will be able to file the I-485 before Aug 17th.
Does this help clear your doubts! Do I qualify as the "expert" that you are looking for? :D Send me a pM if you have questions.
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fiestagirl
05-28 06:00 AM
I have searched the internet on this and had no luck.. i'm 20 weeks pregnant and Canadian married to a USC. I went for my medical today and had all of my backup for vaccinations / immunity but the immigration doctor wants me to get a tetanus shot. All information on the web says this is "safe" during pregnancy, however I am completely opposed to having a vaccination while pregnant or breast-feeding due to potential issues vaccinations can cause (eg: autism in children). While this is not readily "accepted" by the medical community, it is how I feel. Some very high profile people have talked about vaccinations and the dangers they can cause but the medical community seems to reject their logic (not enough studies.. who knows).
I don't feel that I should be subjected to this when I'm so opposed to it - I know I can apply for a "moral objection" but I can't find any information as to whether USCIS actually acknowledges these objections.
Has anyone out there been in a similar situation or know of how I can get an exemption from this during my pregnancy / breast-feeding stage?
Thanks everyone!
I don't feel that I should be subjected to this when I'm so opposed to it - I know I can apply for a "moral objection" but I can't find any information as to whether USCIS actually acknowledges these objections.
Has anyone out there been in a similar situation or know of how I can get an exemption from this during my pregnancy / breast-feeding stage?
Thanks everyone!
more...
Navkcl
06-21 05:39 PM
Thanks for reply
How can I find was it for misdemeanor or battery or felony?
How can I find was it for misdemeanor or battery or felony?
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WAIT_FOR_EVER_GC
12-05 03:51 PM
Sure...
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
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reddymjm
02-26 07:29 PM
Hi-
I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.
I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
I-485 : $395.00
I-765 : $180.00
I-131: $170.00
Can someone please advice if I need to include the fee for AP and EAD renewal.
Thanks
I think it is Aug 17th or afterwards and in new fee structure you do not have to pay for the renewal.
I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.
I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
I-485 : $395.00
I-765 : $180.00
I-131: $170.00
Can someone please advice if I need to include the fee for AP and EAD renewal.
Thanks
I think it is Aug 17th or afterwards and in new fee structure you do not have to pay for the renewal.
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ssdtm
11-30 04:38 PM
- My friend has not been paid by his current employer. So no pay-stubs what so ever
That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.
But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.
But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.
That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.
But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.
But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.
more...
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TwinkleM
07-02 02:16 AM
If the H1 - transfer gets denied, isn't there an option of filling a appeal? I guess, one has 15 days to get out of the country, but he or she ca file & appeal & stay in the country but cannot work...
Pls. correct me if I am wrong...
Pls. correct me if I am wrong...
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qasleuth
04-13 11:26 PM
If calling the national customer service center is of no help then I am not sure what else you can do, other than being there on Friday.
When I googled for the location, I found two different webpages. Surprisingly, 'Application Support Center (ASC)' seems to be open on Fridays (first link) but the 'local office' is closed. ASC is in room 154 in the same building it seems. Go figure !
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=XCH&OfficeLocator.office_type=ASC&OfficeLocator.statecode=WI
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=MIL&OfficeLocator.office_type=LO&OfficeLocator.statecode=WI
When I googled for the location, I found two different webpages. Surprisingly, 'Application Support Center (ASC)' seems to be open on Fridays (first link) but the 'local office' is closed. ASC is in room 154 in the same building it seems. Go figure !
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=XCH&OfficeLocator.office_type=ASC&OfficeLocator.statecode=WI
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=MIL&OfficeLocator.office_type=LO&OfficeLocator.statecode=WI
more...
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eb2dec2005
05-25 02:49 AM
hi ,
I would like to get my M-I-L's visa extended for couple of months, whose I94 is valid until June7th.
She got her multiple visa through her daughter , around 9 years back.They are no longer in US.Currently
Please let me know the following.
`a) The documents needed for extension.
i moved to a new employer and my previous employer who filed my GC has cancelled my H1.
currently iam working on EAD and haven't invoked AC21.
b)Can my m-i-l stay beyond her I94 date,until we hear from USCIS about approval/denial?
I would apppreciate all your suggestions and responses.
I would like to get my M-I-L's visa extended for couple of months, whose I94 is valid until June7th.
She got her multiple visa through her daughter , around 9 years back.They are no longer in US.Currently
Please let me know the following.
`a) The documents needed for extension.
i moved to a new employer and my previous employer who filed my GC has cancelled my H1.
currently iam working on EAD and haven't invoked AC21.
b)Can my m-i-l stay beyond her I94 date,until we hear from USCIS about approval/denial?
I would apppreciate all your suggestions and responses.
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neeidd
11-12 04:39 PM
Where do I look for that in my profile?
Thanks
Pappu,
Could you please tell me what I am supposed to do ?
Thanks,
Thanks
Pappu,
Could you please tell me what I am supposed to do ?
Thanks,
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haisylu
06-16 04:46 PM
Do I need to provide any proof during the interview stating he is my step son? or the documents between the mother and the son will suffice?
inthehole
07-20 09:08 PM
Folks,
Mine is 2003 EB3 labor, I don�t have copy of the labor. Don�t know the job code and title, planning to switch AC21 and not sure how to get this code as i had already left the old blood sucking desi employer, any suggestions,
Thanks in advance.
:D
Hi Softman,
I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
My question to you is are you able to find an attorney to represent you since you changed the job?..
Mine is 2003 EB3 labor, I don�t have copy of the labor. Don�t know the job code and title, planning to switch AC21 and not sure how to get this code as i had already left the old blood sucking desi employer, any suggestions,
Thanks in advance.
:D
Hi Softman,
I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
My question to you is are you able to find an attorney to represent you since you changed the job?..
amitk81
03-17 02:54 PM
Hi,
This is really stupid of USCIS to assume that we would stay in the same position for 6-7 years before they can re open the case.
I don't know the answer to your question, but I would think if you are staying at the same place with the same company shouldn't be an issue as long as you stay in the same department.
e.g. if you start in IT as an engineer and then during the GC process you change to a managerial role this should be o.k.
But it you shift from IT to sales with the same salary there would be an issue.
my 2 cents
This is really stupid of USCIS to assume that we would stay in the same position for 6-7 years before they can re open the case.
I don't know the answer to your question, but I would think if you are staying at the same place with the same company shouldn't be an issue as long as you stay in the same department.
e.g. if you start in IT as an engineer and then during the GC process you change to a managerial role this should be o.k.
But it you shift from IT to sales with the same salary there would be an issue.
my 2 cents
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