jg888
07-20 10:06 AM
I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
seaken75
10-12 03:36 AM
I am scheduling an Infopass appointment at my local USCIS office in the hope of getting an interim EAD. It has been more than 90 days since they received my application.
I have a few questions:
1. What do i need to bring?
2. What should i expect?
3. What kind of questions would they ask?
Your experience in this matter is great appreciated!
Thanks in advance!
I have a few questions:
1. What do i need to bring?
2. What should i expect?
3. What kind of questions would they ask?
Your experience in this matter is great appreciated!
Thanks in advance!
r_mistry
01-18 11:44 AM
Friends,
How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???
I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.
Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?
Many thanks for your input on this.
How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???
I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.
Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?
Many thanks for your input on this.
andy garcia
03-17 08:18 AM
My I-485 Receipt Notice does not have any PD on it either.
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
more...
rajuram
02-10 01:17 AM
You can get an emergency appointment if you are returning H1b worker.
gcdreamer05
01-29 11:57 AM
Oh yeah, we are demainding an RFE (request for evidence) to substantiate this gossip....
more...
immigrationmatters30
07-26 02:06 PM
I had the same problem.Surname has my full name and given name was.I got my H1B VISA stamped in June 2006 at Metamoris,Mexico.No problem.I had my name corrected in the new passport after my passport expired last year.
Hi,
I don't have surname in my Passport my full name is given in " Given Names".
so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
IS it ok ? or does it create any problems while I go for visa stamping/interview.
If I cannot put NA then what do I put in Surname column on D-156 and D-157.
Thanks
Hi,
I don't have surname in my Passport my full name is given in " Given Names".
so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
IS it ok ? or does it create any problems while I go for visa stamping/interview.
If I cannot put NA then what do I put in Surname column on D-156 and D-157.
Thanks
pbuckeye
06-25 04:07 PM
Agree with Teddy that your petition's case detail substantially changed during the application process. I believe, that was the main reason for the denial.
Consult an attorney and try to file a fresh case. Good luck.
Consult an attorney and try to file a fresh case. Good luck.
more...
snhn
04-13 06:36 PM
well this will not no problems if I only knew what criminal record i have on my records. DWI is not a big enough crime to make in admissible. If it was, then they would reject my visa application 3 years ago. They have approved extensions form before with that record. I now have baby boy. he is citizen and I just cant take the risk of taking him to Pakistan. Its just too risky. Som much is happeing there. Bomb blast here bomb blast there. My lawyer is going to use this in his appeal. I just simply am not willing to take that chance. I really dont want to travel.. I just need H1 extension approved here. All they hve to do is bring the extension from Isalamabd and send it to me.
hibworker
07-15 05:37 PM
Hand in all I-94 that are in your possession since last entry in to US.
more...
san3297
11-10 07:33 PM
I called USCIS but they are just saying send all the docs as stated in the RFE. Seems dont have any option other than sending originals. The search for this kind of RFEs yielded no results.
GCNaseeb
08-08 04:47 PM
Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
more...
eilsoe
10-03 01:41 PM
Yes... someone should start a SPAM thread...
to let off some agressions that is...
ahh what the h*ll.. we answered his question in the beginning...
to let off some agressions that is...
ahh what the h*ll.. we answered his question in the beginning...
xela
06-17 08:53 AM
We all saw SLUDs shortly after the day we received notice, as I metioned I got receipt on April 27tha dn last SLUD was April 30th,....sinc ethen nothing
however most people got their EADs already so they might just enjoy sitting on mine who knows sigh...
good luck and dont expect any LUDs until they actually send you something :-)
however most people got their EADs already so they might just enjoy sitting on mine who knows sigh...
good luck and dont expect any LUDs until they actually send you something :-)
more...
dvb
07-28 02:16 PM
Does anyone know how you can claim social security when you are in India and not a permanent resident or citizen of the US ???
shahsahil
04-17 02:46 PM
Filed Feb 22/06 got approved on March 7/06
I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.
Else you may be a victim of IT issues they had initially with perm.
Anyway, There is a long wait now for filing concurrent 140/485..
It is a fresh application.
I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.
Else you may be a victim of IT issues they had initially with perm.
Anyway, There is a long wait now for filing concurrent 140/485..
It is a fresh application.
more...
iq5203
01-20 07:10 PM
In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.
gg_ny
07-31 04:24 PM
H status is lost if one uses any of the 2 benefits under immigration process - AP and EAD. It is not possible to work on EAD and still be H4 or H1. but if you have H4 valid papers(approval), then you can live here as H4 but when you travel you have a choice between stamping or AP. Once you start using your EAD, you lose your H1/ H4 status immediately (have to file new I9 and specify how you could work) even if you have years left on that visa. I have been so advised by our lawyer and my wife has not even made an appointment in India later this year (she wants to use EAD at somepoint and travel with AP thus gaining parolee / pending AOS tag ) while I am gonna do it (try maintain my H1 if let to do so by the consular).
micofrost
07-12 01:34 AM
"We continue to pay for Your Social Security
But the presidency gives illegals over legals more priority"
But the presidency gives illegals over legals more priority"
VivekAhuja
02-20 03:45 PM
GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.
Lasantha
07-09 01:33 PM
Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.
Not entirely true. In my case all I did was verify that my personal data was correct. But when it came to certain issues and confusing stuff I brought it to their attention and they took care of it. In my opinion you do need a lawyer unless you are absolutely 100% confident that you can fill those forms without screwing up.
Not entirely true. In my case all I did was verify that my personal data was correct. But when it came to certain issues and confusing stuff I brought it to their attention and they took care of it. In my opinion you do need a lawyer unless you are absolutely 100% confident that you can fill those forms without screwing up.
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