gcdreamer05
11-19 02:06 PM
This processing dates is just an act or rather a scam. USCIS and DOS will do what they like. I personally know a lot of people who applied there 485 a month after I did during July 2007 and whose priority date was 6 to 7 months behind me and they got there green card in August 2008 and I did not, I am sure a lot of you are in the same position. Whats the point in looking at these processing dates when there is no order or proper manner in which USCIS processes them, it is worse than a fish market. If we are lucky the monthly bulletin dates might move again (I doubt it), even if it moves you just dont know how far it might move, it might be 1 month or even to 2007. USCIS will then issue GC to 2007 and make a fool of 2004 and 2005 folks. I guess we have no choice but to bear this brutality. I for one have stopped looking at processing dates and even monthly bulletin. On top of it we have Obama\Durbin in control of washington, not sure what sort of nightmarish "immigration reform" they are cooking. I am at a low point, for the first time I am fearing I might have to leave US (or might be kicked out of US by Obama \Durbin "Immigration reform") after comming here and staying legally for 10 years and obeying all the laws.
Hi pitha, i understand your frustration but one thing in which the processing dates helps is like in my case, if my h1b extension is pending for 60 days i can call them only if their processing dates says less than 2 months, otherwise these guys wont even answer the call saying call back after checking processing dates.
Hi pitha, i understand your frustration but one thing in which the processing dates helps is like in my case, if my h1b extension is pending for 60 days i can call them only if their processing dates says less than 2 months, otherwise these guys wont even answer the call saying call back after checking processing dates.
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scorpioca
05-17 04:38 PM
Hi,
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
seaken75
11-01 01:36 PM
The document you have reffered is -->EXTENSION OF REGISTRATION PERIOD
FOR CERTAIN NONIMMIGRANTS
and this extension is valid till on or before April 25, 2003
for the following
And you were last admitted to the United States as a nonimmigrant on or before
September 30, 2002; and
� If you are a male, born on or before February 24, 1987; and
� If you did not have an application for asylum pending on January 16, 2003, or if you are
not otherwise exempt as described in the attached questions and answers; and
� If you will remain in the United States at least until April 25, 2003.
So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....
The original regulation does not include my country and therefore the extension. The requirements in the document uses the word AND, not OR. So even though i will remain in the U.S. after April 25, 2003, i should still be exempted since my last entry date to U.S. was after Sept 30, 2002.
Is my lawyer and me the only people that interpret it this way?
FOR CERTAIN NONIMMIGRANTS
and this extension is valid till on or before April 25, 2003
for the following
And you were last admitted to the United States as a nonimmigrant on or before
September 30, 2002; and
� If you are a male, born on or before February 24, 1987; and
� If you did not have an application for asylum pending on January 16, 2003, or if you are
not otherwise exempt as described in the attached questions and answers; and
� If you will remain in the United States at least until April 25, 2003.
So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....
The original regulation does not include my country and therefore the extension. The requirements in the document uses the word AND, not OR. So even though i will remain in the U.S. after April 25, 2003, i should still be exempted since my last entry date to U.S. was after Sept 30, 2002.
Is my lawyer and me the only people that interpret it this way?
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map_boiler
06-28 10:57 PM
I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept
Should I use the OPT A# everywhere on the application?
NO. Just mark it as "None". USCIS will assign you a new A# when you file I-485. In my case my OPT A# and A# assigned with approved I-140 are different. In your case, since your I-140 is pending, they have not yet assigned you a number. You should receive one with your I-485 receipt or with your I-140 approval (which ever is received earlier).
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
You should provide front and back copies of the expired OPT EAD card. Also check with your attorney regarding any other documentation required. I've submitted copies of the expired OPT EAD and form I-765 I filed to obtain my OPT EAD (not sure if my attorney will use this when he files my I-765, though).
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
I answered yes. The USCIS service center will depend on the state in which your school is located...and to which you mailed the I-765 for OPT EAD.
Should I use the OPT A# everywhere on the application?
NO. Just mark it as "None". USCIS will assign you a new A# when you file I-485. In my case my OPT A# and A# assigned with approved I-140 are different. In your case, since your I-140 is pending, they have not yet assigned you a number. You should receive one with your I-485 receipt or with your I-140 approval (which ever is received earlier).
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
You should provide front and back copies of the expired OPT EAD card. Also check with your attorney regarding any other documentation required. I've submitted copies of the expired OPT EAD and form I-765 I filed to obtain my OPT EAD (not sure if my attorney will use this when he files my I-765, though).
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
I answered yes. The USCIS service center will depend on the state in which your school is located...and to which you mailed the I-765 for OPT EAD.
more...
WaitingForMyGC
01-11 02:38 PM
What would happen if the labor is approved and I-140 is pending and you have to apply for your 7th/8th year extension? I think this could happen to many people who are getting yearly extensions as nowadays it is usually taking 6 months to get your H1 approval/I-140 approval.
rick_rajvanshi
09-12 01:44 AM
Hi Friends,
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Yes you should get the Visa till 2008 - once passport is near expiry - get it renewed from indian consulate and later tag both passports together.
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Yes you should get the Visa till 2008 - once passport is near expiry - get it renewed from indian consulate and later tag both passports together.
more...
krishmunn
04-25 04:22 PM
I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
.
Was this a recent experience ? ICICI claims to have a network through United Health Care; not sure if it is true .
As for US v/s India, none of the US insurance companies selling these travel health insurance are licensed and regulated by US authorities. Most , if not all, of these are underwritten by carriers at Lloyds of London.
I would say there is not a single travel insurance company (US or India) which provides good service.
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
.
Was this a recent experience ? ICICI claims to have a network through United Health Care; not sure if it is true .
As for US v/s India, none of the US insurance companies selling these travel health insurance are licensed and regulated by US authorities. Most , if not all, of these are underwritten by carriers at Lloyds of London.
I would say there is not a single travel insurance company (US or India) which provides good service.
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anilsal
07-17 12:51 AM
But that idea may face long odds. AILA's Kuck says that current law prohibits green cards from one year to be used in other years. And he thinks there is no appetite in either Congress or the White House for writing new pro-immigration legislation, after the comprehensive immigration reform proposal went down in flames earlier this summer. "I don't think they'd touch the issue with a 10-foot pole," says Kuck. "This issue has become radioactive."
Which law prohibits usage of unused visa numbers? I guess that is one of our provisions that we are demanding. :)
Which law prohibits usage of unused visa numbers? I guess that is one of our provisions that we are demanding. :)
more...
Jaime
09-15 08:35 PM
bump
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monkeyman
10-19 09:07 AM
Q : What if I need advance parole? NEW
We anticipate completing the receipting of the I-131 documents by the end of October 2007. Due to the heavy volume of cases, we are encouraging customers to wait until the end of October before inquiring about their case. If special circumstances exist and advance parole is needed quickly, please make an InfoPass appointment to visit your local USCIS office or call the National Customer Service Center (NCSC) at 1-800-375-5283. When you visit the local district office, be prepared to explain the need for urgent travel, provide the U.S. Postal Service tracking number associated with the original application filed, and the date the application was received at the Service Center where you filed.
We anticipate completing the receipting of the I-131 documents by the end of October 2007. Due to the heavy volume of cases, we are encouraging customers to wait until the end of October before inquiring about their case. If special circumstances exist and advance parole is needed quickly, please make an InfoPass appointment to visit your local USCIS office or call the National Customer Service Center (NCSC) at 1-800-375-5283. When you visit the local district office, be prepared to explain the need for urgent travel, provide the U.S. Postal Service tracking number associated with the original application filed, and the date the application was received at the Service Center where you filed.
more...
puskeygadha
01-13 03:31 PM
even with MTR same company can file LC for a different position
it is completely legal
it is completely legal
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gaurav_sh2
04-30 08:41 AM
I feel I had taken the right decision. I moved back to India in Nov 09 itself. I had a PD of feb 08 and was in EB-2 but looking at all the mess,I had decided to move back.
more...
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Raj Iyer
09-13 12:02 PM
Filing I-140 petition on your behalf signifies immigrant intent. So if you travel outside, you could potentially be denied entry.
The safer option would be wait till your I-140 gets approved, if your PD becomes current, filed I-485. If the PD is not current, seek 3yr H-1B COS under the AC 21 provisions.
The safer option would be wait till your I-140 gets approved, if your PD becomes current, filed I-485. If the PD is not current, seek 3yr H-1B COS under the AC 21 provisions.
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seahawks
07-27 03:13 PM
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
more...
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tanu_75
02-09 03:43 AM
The only diff b/w these illegals vs legals is education. These illegals r uneducated and dont fear law and can go to any extent as opposed to legals who're well educated. At the same time, the Tri-valley situation brings to the fore the credibility of educated indians too!!! All those students came to US "legally" but started violating the law from the word GO by working at Gas stations, Mc Donalds etc...to make ends meet. Infact some even got in very well knowing that it was not completely legal as the guy from the university who was bringing ppl was a desi who worked for the university and forged fake documents for the students.
Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)
Spot on. Pretty sure at least some of the students were complicit, even though on the news everybody claims innocence. How hard is it to get information about a university in the Bay area, seriously? Everyone in India knows someone living in the Bay area. I guess if legal immigrants are getting involved in rackets like Trivalley, then it's logical that either the laws have to be enforced or they need to be changed.
Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)
Spot on. Pretty sure at least some of the students were complicit, even though on the news everybody claims innocence. How hard is it to get information about a university in the Bay area, seriously? Everyone in India knows someone living in the Bay area. I guess if legal immigrants are getting involved in rackets like Trivalley, then it's logical that either the laws have to be enforced or they need to be changed.
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RNGC
07-05 12:17 PM
Guys,
I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .
When ?
First Saturday of November ? This way we do not disturb people's summer time vacations.
How does this help ?
First, it will help to meet State members face to face.
We can invite distinguished people to our meeting to give a speech, so we get press coverage.
We can decide our next steps.
Basically we can do a lot.
We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.
Every one please share your thoughts as what we can do in this annual meet.
I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .
When ?
First Saturday of November ? This way we do not disturb people's summer time vacations.
How does this help ?
First, it will help to meet State members face to face.
We can invite distinguished people to our meeting to give a speech, so we get press coverage.
We can decide our next steps.
Basically we can do a lot.
We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.
Every one please share your thoughts as what we can do in this annual meet.
more...
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eb3retro
01-08 01:27 PM
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
i think you should ask the same question to your lawyer with the same tone. you would get a huge bill seperately for your tone other than charging you for the answer.
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
i think you should ask the same question to your lawyer with the same tone. you would get a huge bill seperately for your tone other than charging you for the answer.
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roseball
05-02 10:52 AM
I understand that the chance is slim.... almost microscopic :rolleyes: But I need to prepare for the worst case (or is it the best...?? :confused:) hence the question.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?
Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.
Thanks again.
Yes, CP depends on PD as well. The best option for you is to have her fly back to US once the Visa bulletin shows your PD as current and start the prep work (documents, medical tests etc) and file her case along with AP/EAD so once she gets her AP approval, she is free to travel again.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?
Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.
Thanks again.
Yes, CP depends on PD as well. The best option for you is to have her fly back to US once the Visa bulletin shows your PD as current and start the prep work (documents, medical tests etc) and file her case along with AP/EAD so once she gets her AP approval, she is free to travel again.
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amenon
05-01 05:38 PM
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
gc_chahiye
10-26 03:52 PM
W... For regular applications, they don't even have a column asking for any valid reason.
....
Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:
An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).
Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.
....
Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:
An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).
Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.
krishmunn
12-23 09:35 AM
There is one option which you can try. Take a online appointment at one of the consulates in Mexico. It costs $8 or so. They ask to send the 797 by fax before the appointment date. Presumably they ask for the 797 to do a PIMS verification. I do not know if that helps in confirming PIMS but for $8 , it is worth taking this additional step.
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