gcformeornot
03-24 10:04 AM
Check attachment.
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gcslave
07-07 10:09 PM
Priority date is Mar 05.
snathan
05-16 12:32 PM
Hi,
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
Yes...you will be out of status during that period.
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
Yes...you will be out of status during that period.
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gc_chahiye
01-04 01:24 AM
I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
If you want to keep your H1-B beyond 6 years, I dont think you have any other option! You have to have your own LC>365 days or approved I140.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
If you want to keep your H1-B beyond 6 years, I dont think you have any other option! You have to have your own LC>365 days or approved I140.
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amar123
11-24 05:03 PM
Hi All,
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
solaris27
12-05 11:45 AM
Q1. should i file under "Spouse of U.S. citizen/resident alien" or "Dependent/spouse of a nonresident alien holding a U.S. visa".
Dependent/spouse of a nonresident alien holding a U.S. visa
Q2. what are the documents I need to submit with the W-7 form.
IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:
National identification card (must show photo, name, current address, date of birth, and expiration date)
U.S. driver's license
Civil birth certificate
Foreign driver's license
U.S. state identification card
Foreign voter's registration card
U.S. military identification card
Foreign military identification card
Visa
U.S. Citizenship and Immigration Services (USCIS) photo identification
Medical records (dependents - under 14 years old only)
School records (dependents and/or students - under 18 years old - only)
Q3. is ITIN application only possible during tax return filing or I can apply and get the ITIN number early and then use it during my tax filing.
No you need to send your federal return with W7 to below address and after processing ITIN they will fwd your federal return
Internal Revenue Service
Austin Service Center
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
Q4. How much is the fee for the ITIN no.
FREE
Dependent/spouse of a nonresident alien holding a U.S. visa
Q2. what are the documents I need to submit with the W-7 form.
IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:
National identification card (must show photo, name, current address, date of birth, and expiration date)
U.S. driver's license
Civil birth certificate
Foreign driver's license
U.S. state identification card
Foreign voter's registration card
U.S. military identification card
Foreign military identification card
Visa
U.S. Citizenship and Immigration Services (USCIS) photo identification
Medical records (dependents - under 14 years old only)
School records (dependents and/or students - under 18 years old - only)
Q3. is ITIN application only possible during tax return filing or I can apply and get the ITIN number early and then use it during my tax filing.
No you need to send your federal return with W7 to below address and after processing ITIN they will fwd your federal return
Internal Revenue Service
Austin Service Center
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
Q4. How much is the fee for the ITIN no.
FREE
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gparr
June 12th, 2005, 03:05 AM
Josh,
Congratulations! Few things more fun than getting new glass. Nice first shots. Looking forward to more.
Gary
Congratulations! Few things more fun than getting new glass. Nice first shots. Looking forward to more.
Gary
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sertasheep
07-01 06:27 PM
What is the actual text of the notice you received from USCIS? Can you reproduce that here? What does one mean by "long form"?
Also, what is the deadline given? (Date of notice, and date by which you must respond?)
What do you mean by "meeting for PR"? Were you required to appear for an interview in person for adjustment of status?
Also, what is the deadline given? (Date of notice, and date by which you must respond?)
What do you mean by "meeting for PR"? Were you required to appear for an interview in person for adjustment of status?
more...
belmontboy
09-10 05:55 PM
Hello gurus,
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
No, unless the withdrawl was in error from your company.
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
No, unless the withdrawl was in error from your company.
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seanl
08-07 03:22 PM
I received an RFE that put my I-485 on hold,
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
more...
anilsal
09-16 09:21 AM
if they are going to continue to be in closets.
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seekinggc
06-19 02:35 PM
Please reply...I would really appreciate your response guys...
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moonrah
09-23 07:16 PM
Raj,
Thanks. Can you please guide me in I-824? As an applicant, can I ask for duplicate of the notice?
Thanks. Can you please guide me in I-824? As an applicant, can I ask for duplicate of the notice?
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Refugee_New
08-27 11:43 AM
Friends,
Does anyone know if people who've filed for I-485 can claim unemployment insurance?......The client where I was working cancelled my project due to budget cuts :(....I was wondering if I can claim unemployment till I find a new job. Does any one know any non-desi companies hiring in the Michigan, Ohio, Illinois or Midwest in general?.....I am PMI certified Project Manager with J2EE background. Any prompt help would be highly appreciated.
Michigan state DIT is hiring J2EE candidates. Recently few people joined the state. Try with the state.
Does anyone know if people who've filed for I-485 can claim unemployment insurance?......The client where I was working cancelled my project due to budget cuts :(....I was wondering if I can claim unemployment till I find a new job. Does any one know any non-desi companies hiring in the Michigan, Ohio, Illinois or Midwest in general?.....I am PMI certified Project Manager with J2EE background. Any prompt help would be highly appreciated.
Michigan state DIT is hiring J2EE candidates. Recently few people joined the state. Try with the state.
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pappu
08-09 07:53 AM
Please find below my case details:
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.
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eb2dec2005
05-27 11:44 AM
If your MIL is not in the US, you cannot technically extend the visa.
My M-I-L is already in the US. She has her I94 valid unti June 7th.
I did file for an extension online yesterday. However, i am yet to mail the documents.
What i would like to know is, can she stay until we hear from USCIS about the extension getting approved/not approved?
If at all its not approved, what happens?
My M-I-L is already in the US. She has her I94 valid unti June 7th.
I did file for an extension online yesterday. However, i am yet to mail the documents.
What i would like to know is, can she stay until we hear from USCIS about the extension getting approved/not approved?
If at all its not approved, what happens?
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zilmax007
12-08 08:03 PM
India:
EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001
http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html
EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001
http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html
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vallabhu
08-18 09:15 PM
Thanks for your replies guys
This is not a substitution case, ETA-750 says requires graduation in mathematics, which I have but my % is less than 60, so just verifying if they will look for % acquired, now don't ask me why i secured less than 60% that is history and I cannot change.
This is not a substitution case, ETA-750 says requires graduation in mathematics, which I have but my % is less than 60, so just verifying if they will look for % acquired, now don't ask me why i secured less than 60% that is history and I cannot change.
colemancol
12-09 09:22 AM
Hello,
According to my knowledge the majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI�s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" which will be further reviewed manually.
According to my knowledge the majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI�s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" which will be further reviewed manually.
alterego
11-14 08:49 AM
If your 485 is denied, all derivative benefits like EAD/AP are also lost. You therefore can't use EAD for another job even if 6 months have elapsed.
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