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  • statuslaw
    01-24 04:56 PM
    Yellow Admin Review is usually TAL (Technology Alert List) check. This kind of makes sense with your Chemical background. This is usually faster check compared to other types (like name-check). This used to take 21 days, you are around the same timeframe.

    casinoroyale, Thanks!

    But I was told name check first and then security check when I called DOS the second time. Do the both are the same?





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  • deecha
    02-26 12:28 AM
    If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.

    All these forms are available at the USCIS website.

    They will ask you to come for fingerprining at a biometric center in a few weeks.

    After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.

    Goodluck with the process !

    Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.





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  • ubetman
    08-04 03:14 PM
    Thank you guyz for your responses.

    I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.

    This is the process which i have gone through:

    1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.

    2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.

    when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...

    My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.

    thanks in advance....





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  • stupendousman11
    08-18 12:51 PM
    Hi stu*
    Did you get an answer whether we can send the medical papers to USCIS now with I-485 receipts?
    Would it work?
    Anyone??


    As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."

    She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.



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  • stuckinretro
    10-28 11:22 AM
    One more Diwali passes by with no day light in sight!

    Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.

    Change is hard - but change definitely brings new hope and prosperity.

    With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.

    Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.

    Lets all be together in turbulent times and work towards the change that we always want to see.

    IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.





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  • STAmisha
    07-30 04:48 PM
    Yes. It is called interfiling



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  • gceverywhere
    06-10 08:00 PM
    1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
    Seriously, what will it take for the rest of you to call?

    Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.





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  • psaxena
    06-30 01:13 PM
    When I asked my attorney she said no you cannot.. thats what I quoted here.

    Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)

    On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?

    This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.

    I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

    Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

    Mr Saxena

    Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.

    Now on to the OP :-

    YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
    It would be a seperate case.

    It should not have any effect on your current H1 or 140.



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  • morchu
    04-23 12:32 PM
    Do not assume things. I had waited for my LC approval more than probably the time you spend in college. So dont even go there. Anyway I chose to remain anonymous, and I will remove all details from my profile.
    Dude,
    You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.





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  • RedHat
    08-29 11:41 PM
    Today i got REF regarding my GC .
    USCIS is asking me to provide following:

    1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
    2)Copies of all US Federal Tax retuns ever filed.
    3)Copies of first and last pay stubs of all US employers.
    4)Birth Ceritificatates
    5)Marriage cetificate and cermony photos.



    I have all documents except my first paycheck of the first employer.

    I came to USA in the year of 1999 without my employer permision.
    I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.

    Only problem is , i stayed 8 months in the USA without job(without status).


    Between 1999 to 2007 i visited inida 4 times without any issues.

    USCIS is asking me submit my first paycheck. - I did not work first 8 months


    Anyone can guide me how to handle this case?.

    If i tell my employer was not paid first 8 months will that be any problem?
    And what are chances of get my GC.

    Please help!



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  • tabletpc
    08-27 09:16 AM
    Thanks guys for response...
    so basically in short....
    I can aply for visitors visa an visit cananda while my PR is in proceess right..??





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  • anemmani
    01-04 10:11 AM
    H1B is considered a dual intent visa and spouses of H1B beneficiaries have a difficulty proving non-immigrant intent that is required for F1. If the primary applicant has I-140 approved, it is even more difficult. As a result, my wife did not pursue the F1 option. Instead, she is enrolled in college as a H4 dependent. H4 dependents under certain circumstances are eligible for instate tuition. However, they are not eligible for teaching & research assistantships. They are also not eligible to OPT (because it is a form of employment.)

    Nag



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  • ganesha
    02-20 06:15 PM
    Any enquiry on 140 can only be done by the company or the lawyer. You have no other option except being nice with them:mad:

    My husband's I-140 is pending at TSC receipt date Dec 07. The processing date is in Jan 2008. how can we enquire why his I-140 is still pending. no LUD what so ever.

    Contacted his HR. they say, they are waiting for reply from law firm.

    Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
    Thanks.





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  • gcisadawg
    08-11 04:14 PM
    bump

    done. EB3-I Oct 2003



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  • anemmani
    01-04 01:06 PM
    Can someone reply on my question . Please help .

    My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
    She will come back to US again on H4 visa .

    Can she apply again for COS to F1 after coming back in US on H4 ?

    nit_sea,

    You need to ask yourself the following questions.

    Which university/college is your wife going to?
    - Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.

    Does she have an offer for financial assistance from the university?
    - She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.

    Is she interested in OPT option available to F1 students?
    - Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.

    In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.

    Nag





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  • zeta411
    12-02 11:58 AM
    Here is what I am going through.
    On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.

    I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.

    Please take this as a lesson and have the AP applied ASAP.



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  • Rajeev
    10-10 09:58 PM
    It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

    Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

    It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

    Please call your Senators to co-sponsor/support this bill.





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  • techskill
    08-10 11:49 AM
    thats sigh of relief for me.
    My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
    Not sure why attorneys do this



    If the address in the checks and the applications should match then most of the AOS applications will be rejected for mismatch.





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  • Dhundhun
    06-03 03:19 PM
    I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.

    I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.

    J Thoams

    Thanks Thomas.





    sledge_hammer
    02-22 12:46 PM
    By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.

    I think you should consult an attorney.

    To all Experts/Gurus, please advice on this issue.

    I hold a H-1B status as well as I-485 Adjustment of Status Pending.
    I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

    I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

    1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
    2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
    3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
    4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
    5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
    6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
    7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
    8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
    9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

    These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

    Thanks.





    gc28262
    04-20 09:20 PM
    Hey gc28262,

    I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Approval notice sent.

    On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.


    I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).

    Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.

    Thanks

    Srini

    Here is the complete instruction with address:


    Fill out I-131 Application ( Or use the copy of the original application )
    attach two photos

    Mention the receipt no on the top of the form
    Also mention REPLACEMENT : no Fees included
    Add a covering letter explaining the situation

    Post it to the following address

    USCIS Texas Service Center
    Attn: SIIO Rhonda Hill Johnson
    4141 St Augustine Rd
    Dallas, TX, 75227

    On lower left corner of the envelope mention the following:
    do Not open in the mail room, No fees are attached



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