transpass
08-02 06:00 PM
Hi there, First of all thanks for all active participants you are doing a great service.
One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.
1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
2. Now both are still in India and its been approximately 1 year 10 months ( didn’t fine any extensions or anything like that).
3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.
Your responses would be much appreciated. Once again thanks for all your help.
Without reentry permit, they cannot enter USA.
If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...
One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.
1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
2. Now both are still in India and its been approximately 1 year 10 months ( didn’t fine any extensions or anything like that).
3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.
Your responses would be much appreciated. Once again thanks for all your help.
Without reentry permit, they cannot enter USA.
If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...
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Jerry2009
05-11 02:04 PM
desimass77, thanks a lot for your response! Congratulations on your loan approval.
My wife's school insists that AP document from USCIS is not a valid document unless it has been stamped by customs, which forces us to re-enter US :mad:
I will argue with school again. Thanks a lot for your information.
My wife's school insists that AP document from USCIS is not a valid document unless it has been stamped by customs, which forces us to re-enter US :mad:
I will argue with school again. Thanks a lot for your information.
number30
03-27 04:45 PM
So what do I do.
I am looking to buy a SUBWAY franchise outright costing 200 K
What kind of green card you have applied for? What are you lookning to Do?
I am looking to buy a SUBWAY franchise outright costing 200 K
What kind of green card you have applied for? What are you lookning to Do?
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apahilaj
09-18 06:36 PM
WILL THE CASE STATUS BE UPDATED IF FP NOICE IS SENT?
Please let me know...
Reading on this forum, it doesn't seem so.
Please let me know...
Reading on this forum, it doesn't seem so.
more...
glus
08-10 09:49 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
larmani
10-26 01:50 PM
I am not sure about 1 week prior to appt they will allow or not. If you have real valid reason you may try talk to the officer(not the guard) and explain the situation. Kids are allowed. Our daughter is citizen and we took her with us.
more...
milind70
07-26 09:45 AM
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
I am pretty sure there could be an RFE or explanation for such kinds of goof ups . I am also sure such goof ups by attorneys are not the first time USCIS must have expierienced ,so they will understand. High volume filings can lead to errors/mistakes
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
I am pretty sure there could be an RFE or explanation for such kinds of goof ups . I am also sure such goof ups by attorneys are not the first time USCIS must have expierienced ,so they will understand. High volume filings can lead to errors/mistakes
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sandeepk_c
06-11 11:37 PM
One of the posts said that this was for folks on 6th yr and who have PERM in process (Audit in atlanta/chicago). I do fall into this category but this notice (http://www.uscis.gov/files/article/premiumproc_factsheet_i140_061108.pdf) still confuses/concerns me.
My H1-B expires in 31 Dec'08. The way I understand this bulletin is that Nov 1st 2008, I can file for PPS. But if I get an answer by Nov 20, wouldn't that mean only 40 days to get my H1 extended for another 3 yrs. Too close and I guess my H1-extension should also be PPS. Considering holidays it would be so close to get things in place but $2000 for USCIS.
Let me know what you guys think of this.
Considering that this is the first day of this bulletin, I am sure there will be edits and scenarios that USCIS might have to add to the fact sheet. We should check if one of the attorneys can get on a conference call and give us a better idea.
Another question? If I apply I-140 after my LC approval (hope that comes soon, its been 7 months now), then can I apply for just PPS on Nov1st.
My H1-B expires in 31 Dec'08. The way I understand this bulletin is that Nov 1st 2008, I can file for PPS. But if I get an answer by Nov 20, wouldn't that mean only 40 days to get my H1 extended for another 3 yrs. Too close and I guess my H1-extension should also be PPS. Considering holidays it would be so close to get things in place but $2000 for USCIS.
Let me know what you guys think of this.
Considering that this is the first day of this bulletin, I am sure there will be edits and scenarios that USCIS might have to add to the fact sheet. We should check if one of the attorneys can get on a conference call and give us a better idea.
Another question? If I apply I-140 after my LC approval (hope that comes soon, its been 7 months now), then can I apply for just PPS on Nov1st.
more...
psaxena
09-01 10:42 AM
was it EB2 or EB3
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meridiani.planum
03-12 02:46 PM
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
WTF? A red-dot for this post??? Will the coward who marked me red for this please have the decency to explain why? I have deserved red on other posts (& even got some) but what on earth was wrong here?
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
WTF? A red-dot for this post??? Will the coward who marked me red for this please have the decency to explain why? I have deserved red on other posts (& even got some) but what on earth was wrong here?
more...
Prashant
01-22 07:30 PM
Thank you IV,
I really appreciate u folks whatever be the outcome ....
Thank you once again.
I really appreciate u folks whatever be the outcome ....
Thank you once again.
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aniraj
10-19 07:33 PM
As per the FAFSA application to be eligible-non citizen one should have a valid I-94 with a valid parole stamp at the time of applying.
My daughter is in same situation & I have applied for her AP. After she receives it I am planning to go to CANADA with her. she will re enter on her AP.
My daughter is in same situation & I have applied for her AP. After she receives it I am planning to go to CANADA with her. she will re enter on her AP.
more...
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eb3retro
04-09 01:27 PM
hassan,
If I were you I would keep the AP also in hand, just in case, you know to be on the safe side. we spend so much money in this freakin GC journey, may be AP is worth it, cos, you dont want issues after spending 24 hours of travelling of facing this crap in the POE.
If I were you I would keep the AP also in hand, just in case, you know to be on the safe side. we spend so much money in this freakin GC journey, may be AP is worth it, cos, you dont want issues after spending 24 hours of travelling of facing this crap in the POE.
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sheela
10-04 02:45 PM
Receipt date Jul 2
Transferred from NSC>CSC
Receipt Notice Aug 23
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
This transfer is delaying fp. We had fp done on 9/19 but my daughter's 485 filed at NSC was transferred to CSC ( i got r n with wac....) saw 2-luds last one on 10/3 said your case transferred from CSC to TSC. Now hopefully fp will be generated from TSC. Hopefully in next week or so. What a mess NSC>CSC>TSC
Transferred from NSC>CSC
Receipt Notice Aug 23
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
This transfer is delaying fp. We had fp done on 9/19 but my daughter's 485 filed at NSC was transferred to CSC ( i got r n with wac....) saw 2-luds last one on 10/3 said your case transferred from CSC to TSC. Now hopefully fp will be generated from TSC. Hopefully in next week or so. What a mess NSC>CSC>TSC
more...
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qualified_trash
08-30 12:05 PM
When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?
Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
You are right. The issue is which is more important, the academic studies or the working experience.
And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.
If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.
cheers,
QT
Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
You are right. The issue is which is more important, the academic studies or the working experience.
And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.
If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.
cheers,
QT
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alterego
10-27 07:58 PM
I think the lawyer wants her to get the h4 stamped so she can stay in status in case of any problems with the 485, especially since you are maintaining your H1b/AOS pending on which she is a dependent.
Since she has not used the H1b or got it stamped and since you have applied for 485 before it was to take effect, she is safe with your dependent 485 AOS and H4 status. Cancelling her H1b will benefit you guys from any confusion at the consulate. Either way the AP will allow her to return in AOS without problems.
Since she has not used the H1b or got it stamped and since you have applied for 485 before it was to take effect, she is safe with your dependent 485 AOS and H4 status. Cancelling her H1b will benefit you guys from any confusion at the consulate. Either way the AP will allow her to return in AOS without problems.
more...
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sarasuva
01-30 12:57 AM
Any advise/guidance on this issue guys?
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04-28 06:53 AM
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dxldad
05-12 01:38 PM
So, it always makes sense to get it done via PCP and then take that documentation to the Civil Surgeon. If we get a discount - great; otherwise still ok.
Does CS do the exactly same tests as PCP?
How much time does it take to get results from CS?
How much does CS charge?
The Civil Surgeon does not even need to do any tests if you have all the documentation. You could check the website to find civil surgeons in your area and then call them up and ask for the rates. There is no uniform rate and people charge what they feel like. If you ask around, you would get good rates.
Does CS do the exactly same tests as PCP?
How much time does it take to get results from CS?
How much does CS charge?
The Civil Surgeon does not even need to do any tests if you have all the documentation. You could check the website to find civil surgeons in your area and then call them up and ask for the rates. There is no uniform rate and people charge what they feel like. If you ask around, you would get good rates.
eb_retrogession
03-22 11:21 AM
The webfaxes are effective! I just got off the phone with Senator Chambliss' immigration department. The person I spoke with (can't remember his name) mentioned the usual spiel: They were working on increasing the H1-B cap. They didn't seem aware of the retrogression issues. I clarified the problems we are facing and how they shouldn't be combined with illegal immigration and H1-b issues. He mentioned that the senate (with Senator Chambliss' help) passed legislation a couple of months ago to recapture visa numbers and was waiting for the House to pass the same measure. Is that true? In any case, our message is reaching the corridors of power. Good job guys!
If my memory serves me right, I think Chambliss was a part of the conference committee for S1932. I would be very surprised if his staff didn't know that these provisions were taken off from that bill.
prabir, try to follow up with this gentleman and see if he can give you a chance to talk f2f
If my memory serves me right, I think Chambliss was a part of the conference committee for S1932. I would be very surprised if his staff didn't know that these provisions were taken off from that bill.
prabir, try to follow up with this gentleman and see if he can give you a chance to talk f2f
IneedAllGreen
06-21 04:45 PM
Since this thread is open and dont want to wast resouce on new thread. I want to ask people those who had already filed 485/EAD/AP that did anyone has taken photos at Walgreens.
I am getting $7.99 for taking 2 photos at Walgreens($48 for 2person with 6 photos deal) in Milwaukee. Whereas in Kinko's I am getting deal of $13.50 for first 2 photo and rest 4 photos for $13.50 ($54 for 2 person with 6 photos deal) in Milwaukee city area.
Now question besides money I want to know which one is worth taking chance for taking a picture interms of quality.
Thanks
INeedAllGreen
I am getting $7.99 for taking 2 photos at Walgreens($48 for 2person with 6 photos deal) in Milwaukee. Whereas in Kinko's I am getting deal of $13.50 for first 2 photo and rest 4 photos for $13.50 ($54 for 2 person with 6 photos deal) in Milwaukee city area.
Now question besides money I want to know which one is worth taking chance for taking a picture interms of quality.
Thanks
INeedAllGreen
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