alforever
04-04 02:11 PM
Hello Everyone, I have one specific issue.
My Priority date is May 2007, and i am under 3rd category h1b 3-years extension at the moment in the USA. I140 has been approved and i am waiting for priority date to be current so i can apply for i485. but its taking too long because of the backlog. What are my overseas travelling options during this LOOONG waiting period.
Can me and my wife (holding h4) travel overseas while waiting for the priority date to be current? like i said we have an approved i140 and h1b 3-years approval notice, but have not yet applied for i485 as we are waiting for priority date to be current. please help? anyone is the same situation?
My Priority date is May 2007, and i am under 3rd category h1b 3-years extension at the moment in the USA. I140 has been approved and i am waiting for priority date to be current so i can apply for i485. but its taking too long because of the backlog. What are my overseas travelling options during this LOOONG waiting period.
Can me and my wife (holding h4) travel overseas while waiting for the priority date to be current? like i said we have an approved i140 and h1b 3-years approval notice, but have not yet applied for i485 as we are waiting for priority date to be current. please help? anyone is the same situation?
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rkdownload
08-17 12:28 AM
Marriege Certificate
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
LONGGCQUE
05-16 09:42 AM
what you got from is correct. Here is info from Ron's article in which he refers FAM's and INA clause. This is a copy paste from Ron's article. Do check with your lawyer before proceeding. I am getting a Non avail of birth cert from India and then adding two affidavits from parents in my wife's case.
+++++++++
Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:
�8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�
The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:
�In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�
The following, also from the FAM, is typical advice regarding an unregistered marriage:
�If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�
Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.
+++++++++
+++++++++
Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:
�8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�
The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:
�In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�
The following, also from the FAM, is typical advice regarding an unregistered marriage:
�If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�
Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.
+++++++++
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dcrtrv27
10-09 01:40 PM
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I called teh 800 number 1-800-375-5283 then looked for the option for problem with the case .....then 9 and then back to 2 where I got hold of CR.
I called teh 800 number 1-800-375-5283 then looked for the option for problem with the case .....then 9 and then back to 2 where I got hold of CR.
more...
thesparky007
04-16 10:10 AM
thanks for the comments guys and dean
i dont get waht your argument is about
i dont get waht your argument is about
mdipi
11-16 03:15 PM
thanks, i didnt know we could use pics...
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drona
07-09 08:43 PM
Wish I could go but I am in California. I hope DC members respond to this. Is it too late to suggest that IV Core members use some of the funds to go to this event. It will be worth it. We could start contributing to this right away. Just a thought.
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QuickGreenCard
09-15 09:48 PM
I have filed for EAD & AP by mail. AP got approved before EAD and the approval was put in the mail. While waiting to receive AP approval, EAD got approved and the approval was put in the mail.
I have received the EAD card and not the AP approval so far. Its been about 30 days since the AP approval was put in the mail.
I called couple of times to see if they can re-send it. Both the times they said, if you have not moved since you applied the petition and has not received the approval then you should re-file all over.
How far is this correct?
Has anyone faced this kind of stuff???
Thanks
SRI
I have received the EAD card and not the AP approval so far. Its been about 30 days since the AP approval was put in the mail.
I called couple of times to see if they can re-send it. Both the times they said, if you have not moved since you applied the petition and has not received the approval then you should re-file all over.
How far is this correct?
Has anyone faced this kind of stuff???
Thanks
SRI
more...
boreal
09-22 03:59 PM
Hi PCS,
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
Oh God!! People can and will do anything to abuse Labor Substibution.
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
Oh God!! People can and will do anything to abuse Labor Substibution.
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karthiknv143
07-09 03:55 PM
Bump >>>>>^^^^
more...
chi_shark
06-24 05:56 AM
Yes I am still waiting. No luds other than the ones for supporting documents.
Same here.
I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.
Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.
Same here.
I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.
Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.
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copsmart
02-21 07:36 PM
I feel sorry for your situation, and I know how difficult it is, because I am pretty much on the same boat (I mean, we have a newborn too, 4 weeks old). Except, I recently lost my job and got some severance pay for February. Plus, I took advantage of the law and collected some money from my employer for the return ticket. I ask them to pay cash rather than buying me the actual ticket. So, I do have some time to breath.
I am actively looking for a job right now, and the only thing happening is the meetings with the recruiters every so often. If you call a recruiter, they will obviously want to see you in person before they submit your resume. Time goes by so fast, it�s been a month already, no client interviews yet.
But, I do see some positions open for my skill set, it�s not so dry. So, I haven�t lost my hope yet.
Anyway, I�ve decided not to look for a H1 sponsor anymore, because it is going to be a total waste of time in this tough economy. I�m only looking to use my EAD. I�m ready to relocate, if the job is in a different location. I�ve also decided to take a pay cut, if at all necessary.
So, that�s my side of the story�
BTW, if you have made up your mind to go back to your home country, why can�t you take advantage of the unemployment benefits? Some states like Massachusetts even pay your COBRA premiums when you apply for unemployment. Because, that will give you some more time to survive.
I hope you will find a job pretty soon. Good luck and take care of the newborn.
God bless the Jobless!!!
>>Looks like you are on EAD. Are you still finding it difficult to find a job?
If I am on H1, I could have already packed my bags.
Here is the temporary crisis for me.
With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.
I am actively looking for a job right now, and the only thing happening is the meetings with the recruiters every so often. If you call a recruiter, they will obviously want to see you in person before they submit your resume. Time goes by so fast, it�s been a month already, no client interviews yet.
But, I do see some positions open for my skill set, it�s not so dry. So, I haven�t lost my hope yet.
Anyway, I�ve decided not to look for a H1 sponsor anymore, because it is going to be a total waste of time in this tough economy. I�m only looking to use my EAD. I�m ready to relocate, if the job is in a different location. I�ve also decided to take a pay cut, if at all necessary.
So, that�s my side of the story�
BTW, if you have made up your mind to go back to your home country, why can�t you take advantage of the unemployment benefits? Some states like Massachusetts even pay your COBRA premiums when you apply for unemployment. Because, that will give you some more time to survive.
I hope you will find a job pretty soon. Good luck and take care of the newborn.
God bless the Jobless!!!
>>Looks like you are on EAD. Are you still finding it difficult to find a job?
If I am on H1, I could have already packed my bags.
Here is the temporary crisis for me.
With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.
more...
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desighee
03-05 10:32 AM
on H4 u can spend time fighting with your spouse.According to USCIS Memo this is permissible
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sammyb
11-06 04:24 PM
Does bad credit history or defaults affect getting a job?
Any ideas?
then it may hurt you ... but again it depends on company to company ...
Any ideas?
then it may hurt you ... but again it depends on company to company ...
more...
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webm
12-17 02:35 PM
2001 - dot com bubble burst;
2008 - finance bubble burst;
.
Well said..:D
2008 - finance bubble burst;
.
Well said..:D
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pointlesswait
06-03 05:58 PM
zaara dhek kar reply kar na yaar..
the guy who posted....is definitely a "zombie".. ..chumma screwing around in life...
Set up your own company LLC. and ask them to sign corp-corp or 1099 and you be the sole owner of this company.
This way even if you dont get full time offer you can defend self employment.
W2 Contract can be a problem because of USCIS's perception of permanent job.
the guy who posted....is definitely a "zombie".. ..chumma screwing around in life...
Set up your own company LLC. and ask them to sign corp-corp or 1099 and you be the sole owner of this company.
This way even if you dont get full time offer you can defend self employment.
W2 Contract can be a problem because of USCIS's perception of permanent job.
more...
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kevinkris
08-16 12:36 PM
Hi All,
My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?
When i asked for the reason they are saying they did intentionally. Please clarify.
My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?
When i asked for the reason they are saying they did intentionally. Please clarify.
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ak_2006
10-19 03:52 PM
I will donate same amount i.e. $250 when I get GC.
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PD_Dec2002
05-22 10:38 AM
OK, my bad for getting the name of the lobbying firm wrong. The moderator is free to change the name of the thread.
Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.
As I said, it just would be interesting to know ... ...
But if no one else finds it interesting, ignore this thread. Don't reply to it.
Thanks,
Jayant
Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.
As I said, it just would be interesting to know ... ...
But if no one else finds it interesting, ignore this thread. Don't reply to it.
Thanks,
Jayant
drirshad
08-07 07:28 AM
Guys does RD change every time we get a I-485 notice. The first receipt I got shows correct RD as July 02, 2007 then the second notice that was send Oct 07 to say my case has been transferred to Lincoln has an RD of Sep 08, 2007 does this RD change every time the receipt notice is sent. Does it matter if it changes.
Ramba
05-19 02:31 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
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