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  • DesiTech
    06-02 03:01 PM
    hi,

    My spouse got her GC in Sep/2000 filed by her parents. Then went back to India to continue studies with 2 yr permission from INS. Return to US after 2 yr and stayed for 8 months in US and then took trip again back to India for 7 months. And then return back in May/2004 and still here since then.

    Outline:
    Got GC -- Sep/2000
    out of US (Nov/2000 - Oct/2002) with permission from INS or USCIS.
    Return to US -- Nov/2002
    Stayed 10 months in US
    Trip to India --- Sep/2003 (for 7 months)
    Return to US -- April/2004

    Since April / 2004 here in US.

    based on this stasts we my spouse apply for citizenship.

    USCIS work sheet eligibility says >> 5 yr GC ->> If not out for 30 months in last 5 yr (true) >> No trip out side of US more then 1 yr. (FALSE - If so execpetion -- took permission - true) >> good moral >> etc., >> APPLY FOR CITIZENSHIP.

    But when read the eligi. requir. its says absence more then 1 yr cancel all previous contin. of stay ??? confused with this both understanding.....

    Thanks in Advanace !!





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  • missedthecut
    05-03 05:26 PM
    Hi,

    I had my last name misspelled and middle name missing on my filed perm labor application and it was filed on 12/12/2007. It was selected for audit in Feb 2008 and have not received any update until now. Can this error in my name be corrected on my application. Please advice.





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  • snathan
    05-19 01:03 PM
    Don't you know this baby will stop Skynet in 2035 and save mankind ?

    No...because the world is going to end in 2012 Dec ....:D





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  • brahmam
    05-15 02:11 AM
    If your I-140 gets approved when you are already in the sixth year, can you still seek the 3 year extension?



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  • sparky63
    February 14th, 2005, 07:22 PM
    Freddy, these shots look like something from the set of a horror movie. Hard to imagine they're real. Nice photos, in a somewhat disturbing way.

    485 Rejection [Archive] - Immigration Voice

    View Full Version : 485 Rejection






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  • bindas74
    05-20 10:18 PM
    I have a question about the Aytes memo - it says that if the name check has been pending for more than 180 days, then the 485 will be adjudicated. My question is when does the 180 day clock start? Is it on the day that the 485 application was received by the service center (going by the receipt date on the 485 notice)? Or is it the day when your PD and processing dates both become current?

    Thanks,
    Kunal


    Neither I think( i might be wrong though ). I think the 180 days is from the day USCIS submits your case to name check.



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  • front123
    03-19 02:27 PM
    Hello,

    I am not sure if this situation below has been faced by any forum member. Would appreciate any information/experience or advise from fellow members and attorneys

    I am on H1-B - I- 140 approved stage (EB3) for past several years and have faced no issue with Extensions(5) and 8 Stampings over this long period, working for the same employer.Apr 2003 PD with 1 yr left on current H1 extension.
    I 485- AOS not applied

    I am now contemplating to return permanently due to personal reasons and in this process effectively abandon the H1-B and GC process.

    After I return, my employer would keep the I-140 and GC process active and I may work for the same employer remotely.

    What are the options I have ?

    1.If I do not apply for the H1-B extension next year but my employer keeps the job open for the next few years(future employ), is Consular Processing possible once Apr-03 becomes current- say 3 years from now.. - what documents would I require in that case?

    In the next 4 years, possibly Eb3 April 03 might become available thus making the AOS possible thru Consular Processing

    Do I need to apply H1-B extension in this case if I am out of the US but still want to keep the GC process active?

    2. If I need to apply for H1-B extension next year with the same employer assuming the job is still available (only if I return and assuming PD is not current),
    Based on Neufeld memo, what would be the additional documents reqd for such an extension ?

    3. In case CIS construes this as abandonment, would this have any bearing 10 years later, if I apply for Perm. Residence thru I -130 route, family based immigration

    Would appreciate any advise on this.





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  • Blog Feeds
    08-09 10:40 PM
    We recently assisted a client from Johannesburg, South Africa, regarding an H-1B specialty occupation visa. He was approved for an H-1B visa, but in order for our client to enter the United States, he must obtain an H-1B visa in his passport. Because the chances of visa issuance vary greatly depending on documentation and individual circumstances, we suggested that he go to the interview at the U.S. consulate very well prepared. We told him to take a certified copy of his entire H-1B package that was filed with the Immigration Service, along with his Form I-797 Approval Notice. We also suggested that he take original birth certificates, marriage certificate, and proof of financial support. He attended the interview this morning and his experience at the U.S. consulate in Johannesburg, South Africa was documented as follows.

    “My wife, myself and our son had our interview at the U.S. Consulate here in Johannesburg this morning, at 9:00am. We duly arrived at 8:30am, had our relevant DS documents checked at the door, took a number, and waited for the “call.” At promptly 9:00am we were called to a booth, where our fingerprints were taken, the DS forms checked with the original I-797 form, and then told to go and sit down again. 10 minutes later, we went back to the booth, had our fingerprints taken again, and that was it. All visas approved, and to pay DHL the delivery costs. No questions asked, no documents asked for, no requirement of proof of copies of documents, nothing. All in all a painless and easy task.”




    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/SIuWhfoqaFk/)



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  • sudhakar_p_v
    05-03 12:05 AM
    Thanks Dhundhun.
    To be clear When you say "packets" should i put them within two envelopes?
    I was planning on just putting the documents(application and supporting docs) bound by paper clips.
    sorry if its a dumb question but this being my first time filing this wanted to be extra sure.





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  • gchopes
    12-06 10:54 AM
    I am trying to schedule a visa appointment date and VFS website doesn't show any consulate except chennai!! can somebody please let me know what should be the reason? Last week, I was able to see Mumbai and Chennai and now Mumbai is gone! Is this because no appointments dates are available or something wrong with the website. I tried using different browsers, clearing cache, etc. but no help so far. Please help me. Will really appreciate your response.



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  • abcdefgh
    11-13 06:23 PM
    Hello

    I am on currently H1B visa using AC21 portability based on I140 approval from previous employer. This is my 9 th year and H1B is expiring April 2010. My current employer is starting H1b renewal again. I do not have H1B visa stamp in my passport as I did not travel outside the USA for last 5 years.

    Through my wife's I 485 filling I am beneficiary on that petition. I have applied for advanced parole for both of us to travel out of USA somewhere around March 2010.

    My questions are follow:

    1. Upon travel when I try to come back should I use this advanced parol or get a H1 visa stamp on my passport and make a entry based on H1 Visa?
    2. If I use advanced parol to make an entry does it invalidate my H1 status? I heard somewhere that If I use advance parol to make an entry than I can no longer be on H1 visa. In my case advanced parol I am getting is based on I 485 benefits from wife's I485 case.
    3. If making an entry on advance parol does not affect my H1 status, then should I still go to US embassy and get H1 visa stamp? Or it is no longer needed? Is it advisable not to have H1b stamp in my passport at all because I can use Advance Parol for internation travelling? The reason I am asking is because to get stamp in passport will require me to travel to embassy and consume my time from very limited time I am travelling.
    4. What are the documents I need to carry while I travel if advance parol is advisable to be used at port of entry?
    5. What are advantage/disadvantage of Advance Parol Vs H1b Visa for making an entry?
    6. and Lastly, the things I need to keep in mind while at port of entry?

    I know, I am asking too many questions. But to be honest, I am really nervous about this traveling as I have not travelled outside the US for last five years. And you know during these years many things must have been changed.

    I really appreciate any advise.

    Thanks

    Sanjay





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  • rockstart
    05-26 03:27 PM
    Hello,

    Last week i received RFE for my wife's father's name. The name on birth certificate is different from school leaving & other docs. I'm trying to get it corrected from Mumbai.
    I beleive if i get a correct one matching with other docs, i should be ok.

    Another issue, i have is i have rented an apartment under my name close to my work in the same state. All my docs have my home address, my question is will it affect my case if they find another address under my name?? I still have official address as my home everywhere...

    Yes you need to make sure that all documents have consistency in names and dates. As far as your second question goes USCIS has space for just one address which should be your current address. So as long as you can prove that the address listed in CIS system is the most current address then you are fine. There is no law or no way to provide multiple address. Just make sure you can prove that address on file is your primary residence.



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  • pcs
    06-14 03:51 PM
    Please share info

    Thanks





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  • cheg
    07-23 08:15 PM
    I'm assuming too that your husband is the primary applicant for the I-485. Does your husband have his I-140 approved because if he does then I believe he can file for 3 year extension? In my opinion, it's good to have your H1 or H4 intact just in case something happens to your application. I also think that having EAD and AP also benefits you for emergency purposes. Hope this helps!



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  • rkp27
    09-21 10:05 AM
    All, My employer who filed my eb2 application for green card was not giving me labor certification copy and 140 approval notice copy, he is a desi consulting company and as usual with desi company they were giving me tough time to get this documents. (You all know reason.. they think that i will quite). So what i did is requested USCIS to get my I-485 petition copy (remember that if you request 140 or labor copy directly they will not give because it seems that is employer's documents, i discussed this with couple of lawyers as well). since 485 is your application and these documents are mandatory you will get them.

    It took about 10 months to get the document with FOIA request (there is a queue as well).
    This is what i did

    1. Download FOIA form from uscis website.

    2. Fill up form and don�t forgot it get notary ( mention to send each and every page of petition).

    3. Wait for document...

    I will be happy to help anybody who is in same boat.

    Thanks you.





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  • Ectheo
    04-01 11:37 AM
    I am not endorsing our relationship!

    O RLY?



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  • hpandey
    03-13 04:02 PM
    Is there any way that we can get the USCIS to update their Aug 2007 bulletin and write on top of it and the July bulletin was valid till Aug 17th.

    That way any officer who would check the Aug 2007 bulletin would first see the update and go by the July bulletin instead of rejecting I-485's in a bunch which cause additional hardships to the applicant in getting it reopened via MTR and again going through the long process.





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  • perm_res_app
    07-27 08:48 PM
    Hi folks,

    I am on H1B visa currently, set to expire in two months from now (end of September). I need to get my H1B renewed for the next 3 yrs. Due to unavoidable reasons my lawyer has not been able to file for the renewal yet.

    My questions are -
    1. Do I need to have the approval notice before my expiration date?
    2. I plan to travel internationally in November. Would the receipt notice be acceptable to reenter? Or do I need the approval notice?

    Any suggestions are most welcome. Thanks in advance.





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  • akhilmahajan
    09-10 11:32 AM
    If anyone is planning to drive from CT for the rally or is not driving because they are unsure, or not motivated enough... then here is your chance.

    We can join together and go to DC and come back together. I am planning to go on Monday 17th morning. Ill be coming from New Haven/Hamden area in CT.

    If anyone is planning to go in the evening, we have a BUS service available also. We are starting 6:30 PM from Woburn, MA on the 17th and should be reaching Hartford at around 8:15 - 8:30 PM, New Haven at about 9:00 - 9:15 PM.

    Please also keep on checking http://immigrationvoice.org/forum/showthread.php?t=12628 thread for the latest updates on the bus starting from MA.

    Also if you are on highways 84 and 91, let us know, as we can pick you up on the way.

    Look forward to getting some more ppl joining the bus.





    Ramba
    10-29 06:19 PM
    Hi ,
    One of my friends applied for his GC thru a consulting company which he does not work for...He used to work for the company but left that company before he decided to file with them...Since he has good relations with the company, they decided to file for him.
    The company recently filed his I140 but they got a RFE on I140. INS wants to know why does the company want to hire him and why he left the company in the first place..does anyone in the forum has a similar experience to share...The RFE is actually for the conmpany but the owner wants my friend to write a letter and mail it to the lawyer. Any help is appreciated.

    First, employer or his agent only reply to RFE, not your friend.

    Second, it is a simple stright forward RFE, unless INS found some fishy thing (or doubting as it is a bonafide sponsership) as employee not working for sponser. May be they are trying to control future employee loop hole. Employer can write the reason why he left and why they want to hire him back. It is a strightforward easy question to answer.





    kaisersose
    07-18 08:02 AM
    I just read this line from the USCIS release

    ===

    USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so.

    ====

    It appears Labors approved after July 31 cannot apply for 485 as they would not have been eligible under bulletin No. 107.

    if yes, then this is something that should be clearly mentioned somewhere.