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  • bfadlia
    03-15 09:26 AM
    My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
    Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
    Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.





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  • gconmymind
    10-04 03:53 PM
    Yes, you have to submit your papers at least 5 business days I think before your interview date. It is a requirement for the Mumbai consulate. Mumbai consulate is like my second home :(.
    Question.
    When I check the website I see this Step 4:
    Does this mean that I first need to pass the documents to the application centre and only then after 3 days can I go to the embassy?
    Can't I just get the date and go to the embassy direct?





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  • Lollerskater
    10-30 02:33 PM
    Look guys, I'm a J.Barret 10:25am NSC case. I've already gotten my receipt, but my heart really goes out to all of you. I understand your pain firsthand.

    What I want to say to you is, don't just sit here complaining. Do something! There are many other threads with advice as to what might be relevant to your case. Look around for CADude's posts. His information is very useful. I also posted my own experiences and solutions.

    Read everything. Find out exactly what the hell is going on. Figure out all the factors. Understand the situation. An old movie had the saying "Chance favors the prepared mind." It's true.

    I pray you will get out of this rut asap.





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  • Hermione
    10-02 12:45 PM
    According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.

    Again this is only my opinion. I might be wrong.:)

    What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).

    The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.



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  • coolvigo
    07-12 11:02 PM
    Guys,
    Looks like a good news here....read following link.....looks like couple ppl have posted that their lawyers advised them to file for 485 in this case :-)

    http://www..com/discussion-forums/i485-1/114468227/

    :)





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  • nc14
    10-05 01:16 PM
    Way to go Pappu and IV.



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  • gc03
    05-25 07:28 AM
    Faxed!!!





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  • gctex
    07-01 11:52 PM
    Hi all,

    In her passport, my wife's name appears as follows :

    Given name = <blank>
    Surname = <First name> <Last Name>

    Now visa stamping has this :

    Given Name = FNU
    Surname = <First name> <Last Name>

    We are filing I-485 this week and in all the forms we were thinking of giving :

    Given Name = <First name>
    Surname = <Last Name>

    At the same time initiating a Name Split in the passport. Is it advisable to have name split in passport while I-485 is in process?.

    There is actually no "name change" per se. Just splitting it and putting it under the correct first and last names. If we file it using FNU, then all her records like DL, SSN, EAD, AP & then GC all will be starting with FNU, which is what we want to avoid.

    The ideal way would've been to split the name in passport first and then file it, but we are afraid we could get stuck with retrogression again, if the process gets delayed! :confused:

    Please advise !

    Thanx

    -Gctex



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  • akilaakka
    02-11 02:34 PM
    I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).

    My six year visa expires in Sep 07, 2009

    a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
    b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
    c) Can we include the dates for some one is physically not present in US
    d) What supporting documents are needed to prove that some one was not present in US?


    Thanks
    Senthil





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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.



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  • skp71
    07-13 10:32 AM
    Her 485 has been filed FOUR years ago sir.

    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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  • ujjvalkoul
    02-28 12:37 PM
    You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
    1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
    2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.

    Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
    canu post the USCIS link for these 2 laws



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  • overhere
    07-18 08:08 AM
    Schedule A visa is not available. Schedule A simply means that we are exempted from LC. All we need is to file I-140 concurrent with I-485/EAD/AP.
    Our visa is also EB3.

    Now, the question is whether we need to get July priority date or we can get an August priority date and also qualified under this scheme?

    i know what schedule a is. i just thought it's no longer available since it's not published on the visa bulletin.

    as for your question, i think you're referring to july or august visa bulletin. all those who are qualified to file 485 (concurrently with 140 or not) are covered under the original july visa bulletin as long as the application is received on or before august 17th.

    from: http://blogs.ilw.com/gregsiskind/

    "For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion."





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  • sanjay
    08-20 09:07 AM
    My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

    Had any one been in same situation or had seen this before with some one else?



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  • GC_Applicant
    04-09 09:38 PM
    So what is the roler of a broker/ real estate agent for a buyer.

    If I choose to deal directly with the seller, what are the things I need to do myself and can you explain the "attorney" part that you mentioned.

    Thanks

    and the seller basically prices it into the sale price... which why when buying next time .. i would ask to deal with the seller directly.. get an attorney to do the paperwork and diligence for $600 and ask the seller to keep 1% and give me a 5% discount.lil leg work and you save like 25k on 500k house.





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  • GCNirvana007
    04-04 05:44 PM
    I need expert advice -

    My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
    that I am using for my current employment with my current employer

    1. If I get laid-off, how long can I stay in US without another job?
    Active EAD should keep your status ok

    2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options? AP can be used to travel and return



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  • sintax321
    10-02 03:42 PM
    Thanks for those blobs. I'll play around with them but I defenatly won't claim that I made them. I will always show credit where credit is do. Thats why on my site I have a Thank you section. I wouldn't be as fare along as I'm without the people on this forum so I never have a problem giving some credit. You guys are all great:) =) :P





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  • go_guy123
    09-13 02:33 PM
    Excerpt from the IV Home Page:

    "It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."

    Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?

    You can always fight....so long u have cash to burn.





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  • freeskier89
    02-09 03:37 PM
    It's all good.
    That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)

    Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.Haha ya unfortunately text can't quite convey as much as real communication and can make some really awkward mix-ups at times lol. Aww thanks man! :)





    Suva
    07-18 03:13 PM
    As you are from Turkey I think you should not be worried. From Oct 1 new visa numbers would be available and you should be current from then on. Only India, China, Mexico and Philipines are affacted coutries where dates get retrogressed due to unavailability of visa numbers. So you should not worried about your dates being current.
    Disclaimer: I am not a lawyer so don't make any decision based on my information.


    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!





    EB-VoiceImmigration
    09-18 11:56 AM
    @Pinky001:

    To the best of my knowledge, here are the answers to your Q's

    1) No (because you are applying for different class)
    2) H1 and H4 are not in same class.

    Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.

    Also refer the link below. where it listed H1 and H4 separately in Visa class table.
    Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)



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