gc2
02-19 11:22 AM
Green Card Through Marriage To U.S. Citizen (http://srwlawyers.com/ImmigrationOptions/GreenCard/GreenCardThroughMarriageToUSCitizen/tabid/173/Default.aspx)
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martinvisalaw
02-23 06:10 PM
so assuming all goes well i would be protected from deportation from the time of filing until decisions are made?
No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
ravi98
03-18 10:45 AM
3 days of active work or countless years of waiting....
you have vacation time, use it to get your green card faster.....
you have money, donate to the advocacy fund, or sponsor a friend.....
you are curious, but not sure what to do, decide now - time is running out.......
you have no idea what the advocacy is all about, ask a question here.....
Work to get the change you want instead of reacting to adverse immigration laws that affect you.....
Be pro-active rather than re-active.
you have vacation time, use it to get your green card faster.....
you have money, donate to the advocacy fund, or sponsor a friend.....
you are curious, but not sure what to do, decide now - time is running out.......
you have no idea what the advocacy is all about, ask a question here.....
Work to get the change you want instead of reacting to adverse immigration laws that affect you.....
Be pro-active rather than re-active.
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PD_Dec2002
07-06 12:52 PM
?????????
Yeah, my bad. Thanks to other posters for correcting this.
Thanks,
Jayant
Yeah, my bad. Thanks to other posters for correcting this.
Thanks,
Jayant
more...
indyanguy
07-31 11:02 AM
Damn.. with this fear of what might happen to our I485s, it becomes almost natural to everyone not to use their EAD and maintain their H1 status. It sucks not to be able to enjoy the benefits even when we have it!! or am I overreacting? :)
sujan_vatrapu
10-21 10:18 AM
Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.
I have been saying this over and over, Dems are pro-immigration but they are not pro-legal immigration, just because grassley is anti-immigration does not make the whole republican party is against immigration, get the facts right, aint schumer the one who introduced this special fees on h1-b to put republicans in defense, few senators like mccain (R-AZ) spoke against the provision, bush pushed congress to increase the h1b quota and tried to pass CIR twice, isnt clinton the one who let illegals file AOS in EB3 which is why EB3 is stuck in 2001?
I have been saying this over and over, Dems are pro-immigration but they are not pro-legal immigration, just because grassley is anti-immigration does not make the whole republican party is against immigration, get the facts right, aint schumer the one who introduced this special fees on h1-b to put republicans in defense, few senators like mccain (R-AZ) spoke against the provision, bush pushed congress to increase the h1b quota and tried to pass CIR twice, isnt clinton the one who let illegals file AOS in EB3 which is why EB3 is stuck in 2001?
more...
sandy_77
09-16 06:06 AM
They may ask you whether you are going to work at the employers location or whether you are going to work at some third party's location. In the latter case you you may be asked to submit a copy of the contract between the end client and your company for your job specifically. Your previous denial may have an impact but your new case should not be rejected if you have sufficient documentation. Only if the previous denial was because of a "fraud" should it become a difficult issue for you to get a visa because i think such cases have a limitation of a few years before you can re-apply.
Hi Suresh,
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
Hi Suresh,
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
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sammyb
10-15 04:29 PM
Hi Guys,
I Fedex my 485 package on July, 11th and it got reached to USCIS on July, 12 (I have the acknolegement) but still did not receive the receipt number. I am seeing who filed after me started getting receipt numbers.
I am kind of concerned about it as I did not see any movement in my case.
Any inputs Or wondering if anybody else facing similar situation??????
Appreciate your inputs.
Thanks,
M
did USCIS cashed your checks... just wondering ...
I Fedex my 485 package on July, 11th and it got reached to USCIS on July, 12 (I have the acknolegement) but still did not receive the receipt number. I am seeing who filed after me started getting receipt numbers.
I am kind of concerned about it as I did not see any movement in my case.
Any inputs Or wondering if anybody else facing similar situation??????
Appreciate your inputs.
Thanks,
M
did USCIS cashed your checks... just wondering ...
more...
pd_recapturing
02-27 08:47 AM
180 days are counted from RD of I-485 but its safer to count it from notice date to avoind any issues.
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GcInLimbo
11-18 01:22 PM
Timeline is from Dec 16 2006(Previous H1B expired on this date) to July 18 2007. This is when my H1B extension was pending due to an RFE. USCIS received my 485 application on July 18.
more...
msyedy
02-12 01:57 PM
People,
Yes I am guilty. I am one of those Lazy fence sitters caught in reto that peruses this forum on a daily basis looking for for some glimmer of hope.
Silently i cross my fingers and hope that IV will get something done for us but guilty of doing nothing to help. Sound familiar?
Let me start by saying that i became a member and watched this forum for over 6 months and did nothing to contribute (whether financially or physically). I'm lazy and theres nothing i can do about it - thats my personality. We all have busy lives and we all have personal agendas and unless we are affected by something directly, we choose the path of least resistance.
something changed for me last month. I dont know what it was, since it was nothing physical, personal, familial or anything tangible. I was reading the IV website posts "as normal" and while i read all the posts on funding drives, increasing members, those brillant NJ chapter folks etc I was ashamed at how little i was doing towards a cause that had a direct impact on my life and how a small group of people could be so passsionate about the same interest. I was also surprised at the number of mainly Indian professionals in the US who were caught in this mess but at the difficulty that IV was having getting people to get off their a** and do something.
COME ON PEOPLE - even if we are lazy, self centered, and busy lets at least show that the Indian "minority" in the US is at least a UNITED and PROUD lot. We cant let IV down for a few dollars. "Izzat ki Sawal Hai"
Well, i thought about it, and thought some more..... and decided i was still as lazy as i was before even after my ephiphany, but i could definitely manage a few clicks with my mouse. So i decided, If can't do anything physical (like pass flyers, meet in DC to help Core, start some fangled chapter locally, or harass my local congresman) then at least i could pass on some financial contribution so that somebody could do it for me!
So this is what i did
a) - setup a $20 recurring contribution (Yes its $20 - I'm cheap and so are a lot of you - but $20 is better than nothing - its less than a dinner at a restaurant).
b) forwarded the website info to a few of my collegues at work and told them what i did.
I have not made any earth shattering differences by my actions, but at least im doing SOMETHING. This, coming from one of the laziest members definitely should mean something to all of you.
If you cant contribute your time, at least send some money so someone else can do it for you! Also please stop harrassing IV on where the funds are going - its $20 per month for Christ's sake, not your family inheritance. Let's try and make a difference one way or another. Our national pride is at stake here.
Hari
(IZZAT KI SAWAL) ... It is IZZAT KA SAWAL.
I am lazy and may be more lazy then anyone. Good to hear from a new enthusiastic person.
Your enthu will go away soon.
Yes I am guilty. I am one of those Lazy fence sitters caught in reto that peruses this forum on a daily basis looking for for some glimmer of hope.
Silently i cross my fingers and hope that IV will get something done for us but guilty of doing nothing to help. Sound familiar?
Let me start by saying that i became a member and watched this forum for over 6 months and did nothing to contribute (whether financially or physically). I'm lazy and theres nothing i can do about it - thats my personality. We all have busy lives and we all have personal agendas and unless we are affected by something directly, we choose the path of least resistance.
something changed for me last month. I dont know what it was, since it was nothing physical, personal, familial or anything tangible. I was reading the IV website posts "as normal" and while i read all the posts on funding drives, increasing members, those brillant NJ chapter folks etc I was ashamed at how little i was doing towards a cause that had a direct impact on my life and how a small group of people could be so passsionate about the same interest. I was also surprised at the number of mainly Indian professionals in the US who were caught in this mess but at the difficulty that IV was having getting people to get off their a** and do something.
COME ON PEOPLE - even if we are lazy, self centered, and busy lets at least show that the Indian "minority" in the US is at least a UNITED and PROUD lot. We cant let IV down for a few dollars. "Izzat ki Sawal Hai"
Well, i thought about it, and thought some more..... and decided i was still as lazy as i was before even after my ephiphany, but i could definitely manage a few clicks with my mouse. So i decided, If can't do anything physical (like pass flyers, meet in DC to help Core, start some fangled chapter locally, or harass my local congresman) then at least i could pass on some financial contribution so that somebody could do it for me!
So this is what i did
a) - setup a $20 recurring contribution (Yes its $20 - I'm cheap and so are a lot of you - but $20 is better than nothing - its less than a dinner at a restaurant).
b) forwarded the website info to a few of my collegues at work and told them what i did.
I have not made any earth shattering differences by my actions, but at least im doing SOMETHING. This, coming from one of the laziest members definitely should mean something to all of you.
If you cant contribute your time, at least send some money so someone else can do it for you! Also please stop harrassing IV on where the funds are going - its $20 per month for Christ's sake, not your family inheritance. Let's try and make a difference one way or another. Our national pride is at stake here.
Hari
(IZZAT KI SAWAL) ... It is IZZAT KA SAWAL.
I am lazy and may be more lazy then anyone. Good to hear from a new enthusiastic person.
Your enthu will go away soon.
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immique
07-03 01:50 AM
H1B transfer pending & going out of US for 3 days.
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
more...
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rajenk
08-19 04:25 PM
All,
To add to the question of doubt. I have received FP (Biometrics) appointment notice on Saturday!!
When USCIS will come out of this confused messy Spaghetti handling!!!
Thanks
Raj
To add to the question of doubt. I have received FP (Biometrics) appointment notice on Saturday!!
When USCIS will come out of this confused messy Spaghetti handling!!!
Thanks
Raj
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gcnirvana
10-25 05:31 PM
Primary and secondary applications are totally independent once its receipted. I got my EAD 3 weeks ago but nothing for my wife. The status says 'Received and pending'. After FP, my LUD got updated but again nothing for my wife.
Go figure...:confused:
Go figure...:confused:
more...
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mnq1979
06-26 10:12 PM
I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.
My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.
I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?
Thanks in advance. !!!!
My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.
I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?
Thanks in advance. !!!!
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LookingForGC
02-01 06:53 PM
Give all your account access to your wife, then she feels that is secure :)
You got good options already posted here from some of our buddies.
You got good options already posted here from some of our buddies.
more...
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Lydia
06-18 11:23 AM
I understand it is law but he is denying... I did offer him money, but he says a big NO.
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senk1s
10-12 11:25 PM
call uscis - as per the listen in conference call (cis ombudsman) if the date displayed is after your mail carrier date
FYI:
I know 2 of my friends Jul2 didnt get anything ... one more july 16 - just got the checks cashed today
FYI:
I know 2 of my friends Jul2 didnt get anything ... one more july 16 - just got the checks cashed today
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gemini23
07-27 08:34 AM
Can someone with a EAD be in US without a job (say for 1-2 months). Would he be out of status. Will he have any problemsin renewing ead?
bluekayal
03-03 02:22 PM
It happened to me as well. I had a Labor stuck in Dallas and I continued doing a Schedule A application. I did a premium processing and mentioned that I had an approved labor from 2004 (that got approved during my Schedule A processing in 2006). The USCIS sent me an I-140 approval with the old 2004 PD.
Then I kept waiting. My lawyer was suspicious from the beginning. And yes, unfortunately the lawyer was right.
In 2008 after having seen no movement I got in touch with the Ombudsperson's office and requested review. The final result? They said it was a mistake on the part of USCIS and reset the the I-140 place to the correct PD - in my case August 2006.
And now because of the labor rule, so I lost the August 2004 PD as no I-140 was filed within 180 days of approval... The Schedule A I-140 just used the older PD...and later rescinded...
So I have no go...
But thankfully, at least I have a 2006 I-140.
In the meanwhile I've lost my job as well.
If anyone knows an editing job please get in touch!
Then I kept waiting. My lawyer was suspicious from the beginning. And yes, unfortunately the lawyer was right.
In 2008 after having seen no movement I got in touch with the Ombudsperson's office and requested review. The final result? They said it was a mistake on the part of USCIS and reset the the I-140 place to the correct PD - in my case August 2006.
And now because of the labor rule, so I lost the August 2004 PD as no I-140 was filed within 180 days of approval... The Schedule A I-140 just used the older PD...and later rescinded...
So I have no go...
But thankfully, at least I have a 2006 I-140.
In the meanwhile I've lost my job as well.
If anyone knows an editing job please get in touch!
Libra
08-15 12:12 PM
Congrats and welcome to IV, hope you become an active member and contribute your efforts to IV.
I thought this will give some hope to you.
Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.
Hope yours on the way too...
I thought this will give some hope to you.
Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.
Hope yours on the way too...
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