desi3933
07-13 09:48 AM
What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
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acecupid
05-27 07:20 PM
Got the RFE document.
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
Wow... really ? Thats a pretty stupid reason for USCIS to issue an RFE :confused:
I guess they are trying to nit pick everything !!
Atleast its an easy RFE to respond :cool:
Good luck...
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
Wow... really ? Thats a pretty stupid reason for USCIS to issue an RFE :confused:
I guess they are trying to nit pick everything !!
Atleast its an easy RFE to respond :cool:
Good luck...
gchope2k6
04-27 12:42 PM
Hi all,
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
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loudoggs
10-31 01:40 PM
Here you go....search for USCIS Application Support Center in google....Unable to find phone number....
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=XAC&OfficeLocator.office_type=ASC&OfficeLocator.statecode=GA
Street Address
The Application Support Center that serves your area is located in Atlanta, GA.
The address is:
USCIS Application Support Center
1255 Collier Road, Suite 100
Atlanta, GA 30318.
Office Hours and Directions
OFFICE HOURS:
This office provides services to the general public by appointment from 8:00AM to 4:00PM, Tuesday through Saturday.
This office provides services to military personnel from 9:00AM to 3:00PM, Tuesday through Saturday. Military personnel do not need an appointment.
Does anyone know phone no. and office hours for Atlanta Field Office. Thanks
https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=XAC&OfficeLocator.office_type=ASC&OfficeLocator.statecode=GA
Street Address
The Application Support Center that serves your area is located in Atlanta, GA.
The address is:
USCIS Application Support Center
1255 Collier Road, Suite 100
Atlanta, GA 30318.
Office Hours and Directions
OFFICE HOURS:
This office provides services to the general public by appointment from 8:00AM to 4:00PM, Tuesday through Saturday.
This office provides services to military personnel from 9:00AM to 3:00PM, Tuesday through Saturday. Military personnel do not need an appointment.
Does anyone know phone no. and office hours for Atlanta Field Office. Thanks
more...
India_USA
07-07 09:14 AM
The United States needs a human capital policy that emphasizes skilled immigration and halts unskilled immigration. It needed that policy 15 years ago, but it's not too late to start now.
and yet, here we are!! stuck in gc process, with uncertain future, always contemplating the next step......
and yet, here we are!! stuck in gc process, with uncertain future, always contemplating the next step......
Geni
05-30 09:43 PM
Democrats have majority in the house and that is what Nacy will look for. She will see what is the out come of the HOUSE before really making some thing in the SENATE
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
more...
sertasheep
03-26 12:48 PM
Sai,
HOW: Some attorneys have what they call "consular representation" (ie a good working relationship with the Consulates in Canada). I do NOT know how this is feasible, but several applicants who are unable to travel to their home countries due to long consular wait times, fear of retribution, etc., go through a attorney to get the stamping done in Canada.
WHO: There are quite a few who specialize only in consular representation. And, they're VERY successful at this. They travel to Canada, ask you to be present at a rendezvous and then you go together for the interview. But it costs you quite a packet $$$!!!!
How can a attorney help in getting H1 stamped at a Canadian US consulate ?
HOW: Some attorneys have what they call "consular representation" (ie a good working relationship with the Consulates in Canada). I do NOT know how this is feasible, but several applicants who are unable to travel to their home countries due to long consular wait times, fear of retribution, etc., go through a attorney to get the stamping done in Canada.
WHO: There are quite a few who specialize only in consular representation. And, they're VERY successful at this. They travel to Canada, ask you to be present at a rendezvous and then you go together for the interview. But it costs you quite a packet $$$!!!!
How can a attorney help in getting H1 stamped at a Canadian US consulate ?
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uscis_prob
07-31 06:17 PM
Hi all,
I have a problem with my I-140. its has been denied. The I-485 frenzy was going on and the attorney is not responding. After follow up I relaized that I got a rfe to show 5 years exp. I have masters degree and 7 years of experience. my experience letter was missed, which had 5 years experience.
the uscis people interpreted requirement wrong as our labor requirement says BS+5 years or MS
They sent rfe for 5 more years despite me having Masters.
The response which my attorney had given was that he has MS and he does not need 5 years experience more to qualify.
I was not in the loop during this process. the web site is not updated too. i got denial last week.
After talking to attorney, he filed motion to reconsider with all the proofs.
its been 10 days, i have not received any notice of receipt yet.
how long does it take to get a receipt.
can i file i-485 now, since my I-140 is applied to reconsider? Is thrre any way out?
I have a problem with my I-140. its has been denied. The I-485 frenzy was going on and the attorney is not responding. After follow up I relaized that I got a rfe to show 5 years exp. I have masters degree and 7 years of experience. my experience letter was missed, which had 5 years experience.
the uscis people interpreted requirement wrong as our labor requirement says BS+5 years or MS
They sent rfe for 5 more years despite me having Masters.
The response which my attorney had given was that he has MS and he does not need 5 years experience more to qualify.
I was not in the loop during this process. the web site is not updated too. i got denial last week.
After talking to attorney, he filed motion to reconsider with all the proofs.
its been 10 days, i have not received any notice of receipt yet.
how long does it take to get a receipt.
can i file i-485 now, since my I-140 is applied to reconsider? Is thrre any way out?
more...
srarao
07-23 12:05 PM
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sweet_jungle
10-12 12:42 PM
http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0
This can easily be defeated if challenged in a court of law.
All these are effect of lobbying from Merck.
This can easily be defeated if challenged in a court of law.
All these are effect of lobbying from Merck.
more...
uffyegc
10-16 02:51 PM
Hi,
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
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masti_Gai
01-05 02:57 PM
he doesn't wanna switch his job. So I don't think he would buy-in this idea of yours. But porting his EB3 PD to EB2 would be the smartest move as the retrogressing is really really killing all of us.
more...
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vasa
05-25 07:44 AM
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bimboywade
11-13 10:04 AM
No more "status changes" e.g. f1->h1, L1->h1,even h4->h1 is allowed. Only Extensions are allowed in Mexico..
The USCIS site clearly states :
Who Can Apply in Mexico
* Applicants seeking to renew their visa in any category except B1/2 (tourist/business), if the initial visa was issued in the applicant's home country.
Also Note(in blue font):
Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States.
I'd rather prefer Canada for stamping(if these rules dont apply there) .
The USCIS site clearly states :
Who Can Apply in Mexico
* Applicants seeking to renew their visa in any category except B1/2 (tourist/business), if the initial visa was issued in the applicant's home country.
Also Note(in blue font):
Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States.
I'd rather prefer Canada for stamping(if these rules dont apply there) .
more...
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gconmymind
08-16 05:32 PM
Howdy fellow Aliens,
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
EAD is for work, SSN for Tax purposes, etc. Apply for SSN, I dont think you need to wait for the actual SSN number before your wife starts working.
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
EAD is for work, SSN for Tax purposes, etc. Apply for SSN, I dont think you need to wait for the actual SSN number before your wife starts working.
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MetteBB
05-11 01:57 PM
O... how about this one ?
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TeddyKoochu
03-17 10:29 AM
During my H-1B visa interview at the Delhi Consulate I was told that my Visa is approved but some additional documents are needed. A pink slip, 221(g), was given to me, I submitted all the documents same day. Its been a week and the online status shows 'case is being processed'. I also have a valid advanced parole and I am thinking of entering on AP if the 221(g) takes too long. My question is, the consulate still has my passport, will there be any issues if I ask my passport back? how long does it take to get the passport back? Will the passport be stamped for '221(g) in progress? what kind of issues I can have at the POE? Thanks in advance.
Iam guessing that you are a research background person. Normally your case should get cleared in 2-3 weeks. They also look at your travel plans that you indicated on the DS forms (This used to be on DS-157, Iam not sure about DS160) and try to expedite before that. Keep checking the site for bi-weekly updates.
Iam guessing that you are a research background person. Normally your case should get cleared in 2-3 weeks. They also look at your travel plans that you indicated on the DS forms (This used to be on DS-157, Iam not sure about DS160) and try to expedite before that. Keep checking the site for bi-weekly updates.
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sk.aggarwal
03-19 01:50 PM
Still waiting for PWD. My 6th year on H1 including recapture time will end on May 1st 2011. I dont think I will be able to file perm before May.
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Singer
10-21 11:06 PM
I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
newhandle
03-05 03:28 PM
It's family-based, so I believe the 245(k) act doesn't apply to me. Then again, I didn't really work because buying/selling online takes a few clicks.
smartboy75
10-01 06:35 PM
If you did ask for a fee waiver could you check that you entered the right receipt number? This could be someone else's case as I don't think you would qualify for a fee waiver.
My cheques got encashed last week ...I have the receipt numbers from the back of the chq...have not yet received the physical receipt notices yet...
My cheques got encashed last week ...I have the receipt numbers from the back of the chq...have not yet received the physical receipt notices yet...
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