ksahmed
11-15 04:31 PM
Service Center NSC
I-131
Primary Applicant:
10/22: Soft LUD
11/6: Document Mailed
11/7: Document Mailed (Soft LUD)
11/15: Phisically Received (The AP says I-131 was approved on 10/22)
Secondary Applicant
10/12: Soft LUD
10/31: Document Mailed
11/1: Document Mailed (Soft LUD)
11/6: Phisically Received (The AP says I-131 was approved on 10/12)
I-131
Primary Applicant:
10/22: Soft LUD
11/6: Document Mailed
11/7: Document Mailed (Soft LUD)
11/15: Phisically Received (The AP says I-131 was approved on 10/22)
Secondary Applicant
10/12: Soft LUD
10/31: Document Mailed
11/1: Document Mailed (Soft LUD)
11/6: Phisically Received (The AP says I-131 was approved on 10/12)
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immique
04-13 01:38 AM
it is very risky. you cannot use AC 21 when you move from a full time practising physician to fellowship. how can you justify being paid about 1/3rd of the salary mentioned in your Labor application. the job has to be similar in description and pay. earning extra by moonlighting will not be sufficient to satisfy the criteria. personally I have known Physicians who did not even move from a University hospital to a community hospital as the job description will be different from a University hospital to a community hospital. if you have green card processing through your wife then you can file as her dependent and go for the fellowship. if you don't have that option, then I would suggest that you not go for the fellowship and stick with your current job.
walking_dude
11-26 02:34 PM
Why do we always blame others for our problems? USCIS, DOL and now IVs lobbyists?
First of all, we wouldn't need any lobbyists if ALL members of our community ( including completely inert/inactive members like you) were doing their job. That is approaching the local lawmakers ( US Senators and Reps) office. If al 25,000 members of our site (or at least the majority of them) were doing this, we wouldn't even be needing any lobbying firm. We could have been doing it all ourselves, saving a lot of money and doing a better job.
Since that's not happening - because most members like you are scared shitless like Chicken Little that sky may fall on your heads if you do that - IV is not left with much option, but to use the services of the Lobbying firms.
Before asking Lobbying firm for refund, you should do your job of lobbying with your local lawmakers. If you were sharing your part of the responsibility, we wouldn't be needing them in the first place.
should we not ask for refund from our lobbyists..they lied to us last yearlobbying shoud be result oriented..not stuffing for their turkey...... sab hawa ke badhshah hai..;-)
First of all, we wouldn't need any lobbyists if ALL members of our community ( including completely inert/inactive members like you) were doing their job. That is approaching the local lawmakers ( US Senators and Reps) office. If al 25,000 members of our site (or at least the majority of them) were doing this, we wouldn't even be needing any lobbying firm. We could have been doing it all ourselves, saving a lot of money and doing a better job.
Since that's not happening - because most members like you are scared shitless like Chicken Little that sky may fall on your heads if you do that - IV is not left with much option, but to use the services of the Lobbying firms.
Before asking Lobbying firm for refund, you should do your job of lobbying with your local lawmakers. If you were sharing your part of the responsibility, we wouldn't be needing them in the first place.
should we not ask for refund from our lobbyists..they lied to us last yearlobbying shoud be result oriented..not stuffing for their turkey...... sab hawa ke badhshah hai..;-)
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dazed378
03-28 12:31 PM
Hi All,
I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?
I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?
more...
kondur_007
04-06 01:26 PM
One thing does not make any sense: If they have reduced the backlog so much, why can't they resume I 140 premium processing?
AILA is finally tired of asking this question, but it simply does not fit the equation that thye have not yet started premium processing (considering their love for money:p)
AILA is finally tired of asking this question, but it simply does not fit the equation that thye have not yet started premium processing (considering their love for money:p)
Leo07
02-03 05:28 PM
God Bless!
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
more...
learning01
04-06 10:11 PM
There is no serious effort by the republicans. They are fractured, divided, into groups. They have no motivation to get this comprehensive bill passed. I have been observing the tactics and attitudes of these republican senators and democratic senators. I am more shocked by the game of one-upmanship on the part of Frist, Kyl, Cornyn, Craig. I don't see rhyme or reason in their sppeches. The bill has no life for the next 3 weeks.
i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
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desi3933
06-21 12:34 PM
No you will get all the benefits of I-485 filing lik EAD and AP. Only your 485 processing will suspend till your PD are current again.
I agree, but with a little change.
With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
I agree, but with a little change.
With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
more...
pappu
06-15 09:19 AM
In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.
We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.
The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.
Other issues we have noticed are
- USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
- 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current
and other similar issues.
In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.
As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.
In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time
Difficulties faced by applicants who get wrongful 485 denials:
- When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
- Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
- Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
- Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
- Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
- If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
- Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
We request our members who have faced such issues or are facing such issues to
- post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
and
- Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)
Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously
At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.
By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
Thank you,
Immigration Voice
Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817
If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.
We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.
The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.
Other issues we have noticed are
- USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
- 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current
and other similar issues.
In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.
As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.
In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time
Difficulties faced by applicants who get wrongful 485 denials:
- When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
- Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
- Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
- Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
- Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
- If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
- Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
We request our members who have faced such issues or are facing such issues to
- post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
and
- Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)
Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously
At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.
By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
Thank you,
Immigration Voice
Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817
If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.
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clear485
06-08 01:53 PM
I did think about doing it this way, but it didn't feel the "right thing to do"...
I spoke to my lawyer on what to do , but I'm not getting a straight answer.
Do you guys recommend a lawyer that would be able to help?
I checked Murthy.com and she asks for $250/20min of consultation... Is she that good? Should I consider calling her?
I did consult Murthy....she is good and will give you better solution....few of my friends used her law firm and resolved few complex queries....I have heard from my friend she is very good at document preparartion for real complex problems...
My suggestion is, better go to her office if you are in tri-state area....if you use her service then she will waive $250 in legal fee....
I spoke to my lawyer on what to do , but I'm not getting a straight answer.
Do you guys recommend a lawyer that would be able to help?
I checked Murthy.com and she asks for $250/20min of consultation... Is she that good? Should I consider calling her?
I did consult Murthy....she is good and will give you better solution....few of my friends used her law firm and resolved few complex queries....I have heard from my friend she is very good at document preparartion for real complex problems...
My suggestion is, better go to her office if you are in tri-state area....if you use her service then she will waive $250 in legal fee....
more...
jkays94
04-13 09:56 AM
I agree with gc_check this would avoid people getting into GC line in front of people have been waiting for years. Where is the link to submit comments?
Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851
Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851
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mbartosik
02-17 01:24 AM
Hey, it is welcome, but it is also proof that the people running this system cannot count.
Logically if EB2 India is U currently it means that no visas are left, I know how to count to zero, following the rules they must have found new visas under the carpet or miscounted issued visa, or expecting a lot of spill over from EB1, unless they have changed interpretation of rules for EB2, like EB2 can now take from EB3.
Logically if EB2 India is U currently it means that no visas are left, I know how to count to zero, following the rules they must have found new visas under the carpet or miscounted issued visa, or expecting a lot of spill over from EB1, unless they have changed interpretation of rules for EB2, like EB2 can now take from EB3.
more...
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seahawks
07-02 12:07 AM
Guys,
Can some read the SOP in the above quote and figure out what they are trying to say?
I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
Wait until my attorney gets back to me
Go for the FP and probably explain to them and see if anything can be done.
Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.
Can some read the SOP in the above quote and figure out what they are trying to say?
I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
Wait until my attorney gets back to me
Go for the FP and probably explain to them and see if anything can be done.
Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.
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NKR
06-11 08:13 AM
I had to reclaim all the days that I was outside the country for my 7th year H1 Extension. I submitted photocopies of all the stampings on my passport. Please note that the passport will be stamped upon arrival here and upon departure/arrival in India. That should be sufficient evidence for proof your valid stay here.
more...
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royus77
07-05 08:40 PM
I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.
Getting I 140 approval through FOIA was talked a lot in the other thread . I didnt hear any body claiming they got through .
one of my friend played a trick with the employer .he went to canada for stamping using his new H1B approval (H1B was approved for 3 years based on the I 140 stamp ) and call employer to send a fax from the embassy . he will do .
Getting I 140 approval through FOIA was talked a lot in the other thread . I didnt hear any body claiming they got through .
one of my friend played a trick with the employer .he went to canada for stamping using his new H1B approval (H1B was approved for 3 years based on the I 140 stamp ) and call employer to send a fax from the embassy . he will do .
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Green_Always
05-08 07:28 PM
I use SBI and it is good. My Vote is for SBI .
SBI - Global Link Services (http://remit.onlinesbi.com/)
SBI - Global Link Services (http://remit.onlinesbi.com/)
more...
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edaltsis
11-12 10:26 AM
One of my friends got his H1 Transferred w/o pay stub. It depends on the lawyer, some can manage to get this done and it also depends on USCIS officer who deals your case. Try to hire a good lawyer and they should be able to help you out.
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diwa209
07-21 03:02 PM
Gcfever007,
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.
My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
If this is correct then its a 'gotcha'.
Questions:
1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?
3) Are there any other options?
Can a senior member please clarify?
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.
My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
If this is correct then its a 'gotcha'.
Questions:
1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?
3) Are there any other options?
Can a senior member please clarify?
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chanduv23
09-10 02:23 PM
texcan,
I did create such a platform. Launched it two weeks back. http://www.h1bfraud.com.
There is one more started by an IV member called www.desicrunch.com and another called h1bmajdoor.blogspot.com
I did create such a platform. Launched it two weeks back. http://www.h1bfraud.com.
There is one more started by an IV member called www.desicrunch.com and another called h1bmajdoor.blogspot.com
ritwik_ind
11-24 07:52 AM
Good Every one!
;'( I am already out
;'( I am already out
sam2006
01-21 05:02 PM
Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.
The worst part many working pros who know of these issues hardly make an effort to work on a solution.
Either stay mum or fight for..IV members are the latter
True
All they care is catch a Desi Consultant and fake the resume So sad !!!!
The worst part many working pros who know of these issues hardly make an effort to work on a solution.
Either stay mum or fight for..IV members are the latter
True
All they care is catch a Desi Consultant and fake the resume So sad !!!!
