fittan
03-16 03:12 PM
HumHongeKamiyab,
Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.
Fittan
Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.
Fittan
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iman.karta
04-23 11:32 AM
Quick question you said they asked you to submit your legal status papers since 1999 which was when you went out of country? I have 2 questions
1) Since when have you been in US, rather first time when did you come to US
2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation
your responses will be appreciated.
Rockstart,
I apologize for the tardy response.
I first entered the US in 1997 using F-1 visa. I traveled back to Indonesia (my home country) 1999 for the holiday. After that, I never travelled out of the US. Since then, I have worked and obtained H1-B and am in the last stage of I-485. PD is ROW (of course) and biometrics code 3 was done a while ago. Hence, I believe USCIS requested RFE since 1999; the last time I travelled out of the country.
I always maintain a legal status.
I hope this helps. If you have rather a more personal msg, please feel free to email me. I am more than glad to give you more info and help you.
1) Since when have you been in US, rather first time when did you come to US
2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation
your responses will be appreciated.
Rockstart,
I apologize for the tardy response.
I first entered the US in 1997 using F-1 visa. I traveled back to Indonesia (my home country) 1999 for the holiday. After that, I never travelled out of the US. Since then, I have worked and obtained H1-B and am in the last stage of I-485. PD is ROW (of course) and biometrics code 3 was done a while ago. Hence, I believe USCIS requested RFE since 1999; the last time I travelled out of the country.
I always maintain a legal status.
I hope this helps. If you have rather a more personal msg, please feel free to email me. I am more than glad to give you more info and help you.
suny_saini
08-05 11:46 PM
My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
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mambarg
07-20 01:53 PM
The only reason I see the lawyer not applying with enotice, could be he was very busy.
Even my attorney did not file concurrently on 28th as it was last day for PP of 140 and her office was extermely busy applying PP on 28th.
I then walked on 29th and signed all 485 , and she said she will wait for receipt notice and then apply and then July2nd showed up and this fiasco.
Once I got e-notice of approval for 140 by email, I called up the attorney and she filed 485 one day before the announcement of July17th.
At that time she did not have Hardcopy of either receipt notice nor approval notice. So she filed with e-notice of approval.
Next day we got hard copy of approval notice. The receipt notice is yet to arrive in mail.
I hope this is ok. Otherwise 140 receipt notice is a initial evidence and app could get rejected and returned.
But it should return by Aug 17th . So still there is some time to act.
If I dont get receipt notice of 485 by aug 16th, I plan to apply duplicate 485 and say in cover letter that this is because of so and so.
Sad that 485 receipt is not emailed ? like 140 e-notice.
Even my attorney did not file concurrently on 28th as it was last day for PP of 140 and her office was extermely busy applying PP on 28th.
I then walked on 29th and signed all 485 , and she said she will wait for receipt notice and then apply and then July2nd showed up and this fiasco.
Once I got e-notice of approval for 140 by email, I called up the attorney and she filed 485 one day before the announcement of July17th.
At that time she did not have Hardcopy of either receipt notice nor approval notice. So she filed with e-notice of approval.
Next day we got hard copy of approval notice. The receipt notice is yet to arrive in mail.
I hope this is ok. Otherwise 140 receipt notice is a initial evidence and app could get rejected and returned.
But it should return by Aug 17th . So still there is some time to act.
If I dont get receipt notice of 485 by aug 16th, I plan to apply duplicate 485 and say in cover letter that this is because of so and so.
Sad that 485 receipt is not emailed ? like 140 e-notice.
more...
gg_ny
07-17 06:00 PM
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
As I feared, the questions about lost, returned, missed, mislaid and vanished visa numbers went unanswered in this bulletin. There is a vague reference to the returned visas while in truth 1) visa numbers have been returned to DOS
2) there is no real proof that even majority of claimed visas had been used by CIS. It is left to Ombudsman in 2008 to cry over the numbers that would be lost by sept 2007. Basically, the relief from fiasco benefits those who are filing 485 and CIS (in terms of hiked EAD/AP fees for next 4-5 years for each 485 applicant).
I believe that in a master move CIS (and maybe DOS) has buried the skeletons for good now. This has become almost like a game of chess. With each bulletin, CIS is becoming stronger and nastier like Voldemart!
As I feared, the questions about lost, returned, missed, mislaid and vanished visa numbers went unanswered in this bulletin. There is a vague reference to the returned visas while in truth 1) visa numbers have been returned to DOS
2) there is no real proof that even majority of claimed visas had been used by CIS. It is left to Ombudsman in 2008 to cry over the numbers that would be lost by sept 2007. Basically, the relief from fiasco benefits those who are filing 485 and CIS (in terms of hiked EAD/AP fees for next 4-5 years for each 485 applicant).
I believe that in a master move CIS (and maybe DOS) has buried the skeletons for good now. This has become almost like a game of chess. With each bulletin, CIS is becoming stronger and nastier like Voldemart!
vedicman
08-30 09:08 AM
My wife got hers from:
Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)
The school actually asked to use them.
Yes, same experience with us. The school had some evaluators and they are the only ones that are considered, so check with the university for the list first.
Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)
The school actually asked to use them.
Yes, same experience with us. The school had some evaluators and they are the only ones that are considered, so check with the university for the list first.
more...
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dc2007
08-05 12:56 PM
It was less than year. See answers below..
When was ur recent visa issued?
My recent Visa was issues in Nov 2006 (less than year). This is my 2nd H1(new) with the same company. I worked with the same company in US from 1999 till 2004 dec. Then was in India for 2 years and came back again on new H1 in Jan 2007. Labor was filed in 2004.
If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.
This is very good point. I am putting all my info as per DS-157. But the confusion is over what address I will show while I was in USA. Definitley I will put Indian addresses while I was in India and US addresses while I was in US.
Question is: What US Address should I show - which are in my tax-return ?
____________________
Contirbuted $280 so far
When was ur recent visa issued?
My recent Visa was issues in Nov 2006 (less than year). This is my 2nd H1(new) with the same company. I worked with the same company in US from 1999 till 2004 dec. Then was in India for 2 years and came back again on new H1 in Jan 2007. Labor was filed in 2004.
If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.
This is very good point. I am putting all my info as per DS-157. But the confusion is over what address I will show while I was in USA. Definitley I will put Indian addresses while I was in India and US addresses while I was in US.
Question is: What US Address should I show - which are in my tax-return ?
____________________
Contirbuted $280 so far
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11-10 03:56 PM
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shx
07-17 12:13 PM
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mdipi
11-02 04:59 PM
input please on 'me2'.
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-mike:cyclops:
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rajivkumarverma
10-16 07:18 PM
Sorry to hear about ur denail .I've been through this .Unfortunately u cant fime MTR bacause it has to be within 30 to 33 days of denail depending how u get ur denail notice .U can file an apeal but that will take more time then filing a new 140 and getting spproval .I dont know if u can use old labour .If u can use old labout then better to file new 140 with approved labour .If u cant use old labout then apeal may be batter becaue more n more labours are goin to audit and endless delays .
hope it helps .
Hi Talash
If I file my new labor and I-140 will I lose my old priority dates
hope it helps .
Hi Talash
If I file my new labor and I-140 will I lose my old priority dates
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modvik
05-24 11:41 PM
Sent
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CantLeaveAmerica
04-07 10:18 AM
Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.
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ram006
07-17 01:04 AM
I am not sure if my reply is correct.
But if the dates are current for you, can you just not reapply for 485 ?
I can re-apply, but my 485 is already approved on July 8th!
But if the dates are current for you, can you just not reapply for 485 ?
I can re-apply, but my 485 is already approved on July 8th!
more...
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factoryman
02-09 07:21 PM
Congressmen from hi-tech SF and CA.
Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
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ebizash
10-08 10:50 AM
It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.
Isn't this exactly what we have to go thru here in US by paying SS Tax?
Isn't this exactly what we have to go thru here in US by paying SS Tax?
more...
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EkAurAaya
07-17 12:09 AM
From what I have heard so far, you need the receipt number. Talk to your lawyer asap.
yes that is what my lawyer said, i think you need to include the a# once you have it from one application
yes that is what my lawyer said, i think you need to include the a# once you have it from one application
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cox
October 22nd, 2005, 12:05 AM
There have been some E coast meets at Indy, but as far as I know, no W coast. QJ and I have threatened to meet here since we both live around SF Bay Area, but haven't managed it yet. I'm game for a get together, but my work schedule is hideous. :(
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01-25 12:21 PM
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sukhyani
12-20 01:09 PM
I found his website http://www.governor.state.ia.us/
Well the website doesnt stipulate his position on the issue of legal or illegal immigration, so I went ahead and sent him an email asking for such. Let's see if he replies back.
Well the website doesnt stipulate his position on the issue of legal or illegal immigration, so I went ahead and sent him an email asking for such. Let's see if he replies back.
Yeldarb
11-12 04:28 PM
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