Caliber
05-08 11:47 AM
Did they issue your EAD from the time the previous one expired or from the current date. If current date, you'd have lost about 3 months or validity.
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
Next day from the expiration of present EAD
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
Next day from the expiration of present EAD
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RNGC
02-06 09:10 AM
I just wanted to bump this and get people's opinion on what paper work and other things we should be aware of by not changing the employers who sponsered our green card, but have applied for 485, have I-140 approved (180 days passed since I-140 approval and I-485 receipt dates) and received EAD/AP.
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
jthomas
03-24 07:05 PM
I have a website for past 5 years. I started this when i was a H1B holder. It has a shopping card from 2checkout.com
One has to register the name of the firm in the county and secondly get a sellers permit. To register a fiticious business name would cost you 25 dollars then a adv in a local newspaper for 2-3 times and then you can apply for sellers permit.
Once you have a sellers permit and you are paying taxes there should not be any problem.
I am a sole properitor
One has to register the name of the firm in the county and secondly get a sellers permit. To register a fiticious business name would cost you 25 dollars then a adv in a local newspaper for 2-3 times and then you can apply for sellers permit.
Once you have a sellers permit and you are paying taxes there should not be any problem.
I am a sole properitor
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moolchand_2002
03-24 04:11 PM
Hello
My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
-------------------
DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
Upon consideration, it is ordered that your I-485 be denied for the following reasons:
On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)
On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
Section 245(i) of INA further states, in Pertinent part that:
(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
(A)WHO-----
(i) entered the United States without inspection: or
(ii) is within one if the classed enumerated in subsection (c) of this section:
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
(i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
(ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
(C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....
8 C.F.R Section 245.10(n) states in pertinent part that:
(n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
(1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.
Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
(1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
(2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
(3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
(4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.
Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.
USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
------------------
Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.
I am really very depressed and tensed please help.
Thanks
My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
-------------------
DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
Upon consideration, it is ordered that your I-485 be denied for the following reasons:
On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)
On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
Section 245(i) of INA further states, in Pertinent part that:
(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
(A)WHO-----
(i) entered the United States without inspection: or
(ii) is within one if the classed enumerated in subsection (c) of this section:
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
(i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
(ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
(C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....
8 C.F.R Section 245.10(n) states in pertinent part that:
(n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
(1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.
Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
(1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
(2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
(3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
(4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.
Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.
USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
------------------
Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.
I am really very depressed and tensed please help.
Thanks
more...
sathishav
05-16 08:47 AM
I am also in the same situation and I asked my attorney. He said that if we can get notarized affidavits from Parents then it is sufficient. So get the format from your attorney and get it signed by your parents. They need at least 2 affidavits who were present at the time of the birth.
That is right. Each attorney has their own format, get your attorney's format and send it this.
That is right. Each attorney has their own format, get your attorney's format and send it this.
Bytes4Lunch
04-09 03:16 PM
My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
Has anyone withdrawn their H1B visa stamping application before ?
Appreciate any information on this.
I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
Has anyone withdrawn their H1B visa stamping application before ?
Appreciate any information on this.
more...
JunRN
07-16 11:43 PM
LC filing- No
I-140 filing and onwards- Yes
Thanks!!! This is what I know as well. Anyway, different lawyers have different advise. I just need to confirm some information that I got from my lawyer.
I-140 filing and onwards- Yes
Thanks!!! This is what I know as well. Anyway, different lawyers have different advise. I just need to confirm some information that I got from my lawyer.
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4move
10-19 10:25 PM
One of my family member went through this, in a routine medical exam (this was not for immigration office) and he referred us to a infectious disease control specialist. After chest x-rays and several other tests the specialist mentioned that tb screening test can be positive some times for BCG vaccination or exposure to TB bacteria from a person who has active TB. This is not a disease (called latent tb), but there is 5% chance that it could develop into a active TB disease (in case the positive was because of exposure to TB bacteria. Initially, he prescribed Isoniazid (300mg), which has severe lever side effects, for 9 months with blood exam to monitor lever function. But, she could not tolerate this medicine even for 5days because of several other side effects (lever funtion test was normal though). Then he switched her to Rifamfin (600mg) for 4 months. There was not any noticeable side effects of this, and level function tests was after 2 weeks for the first time and once in two months after that. But one thing to note that TB screen test would be +ve rest of the life after this and you need to carry a certificate from this physican that you have completed this course of medicine and nothing needs to be done. Hope this helps.
Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
more...
gcdreamer05
11-05 03:27 PM
After july fiasco, uscis and dol are very very cautious, in opening up the gates and calling everyone current. (They dont want another 1-2 million applications being sent).
It is defintely not going to happen in the near future.....
So even finding a pattern may not help as its not going to be current for all for EB3 atleast.
It is defintely not going to happen in the near future.....
So even finding a pattern may not help as its not going to be current for all for EB3 atleast.
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bheemi
04-03 09:56 AM
HI Admin,
I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..
thanks
I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..
thanks
more...
willgetgc2005
04-13 05:34 PM
Is a BE from India considered an advanced degree. What is the definition of an advanced degree ? GURUS please respond.
Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.
Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.
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GC_Geek
09-11 04:50 PM
For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
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kumar1
11-05 10:04 AM
For a long time, between 2001 to late 2004, All PDs (EB1-EB5) were current. Main reason for this was, labor certification used to take 2-4 years during that time. If you do not have labor certification coming out, you always have visa numbers available. Just when PERM hit, retrogression came in to the picture.
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voldemar
02-27 05:11 PM
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.That's true. Also EB3 cases are the easiest, EB2 a little more complex and EB1 the most complex. USCIS officers tend to do easiest job more often ;)
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rb_248
09-05 10:53 AM
Folks,
To celebrate or not to celebrate is the question. I received this email from my attorney's office:
Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.
However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?
Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.
It is going to be a long long long weekend for us.
To celebrate or not to celebrate is the question. I received this email from my attorney's office:
Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.
However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?
Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.
It is going to be a long long long weekend for us.
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claudia255
10-22 03:11 PM
Thanks Admin2.
more...
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hoosier07
07-25 05:37 PM
You can apply for a duplicate with the form I-824.
http://www.uscis.gov/files/form/I-824.pdf
Thanks! Anyone done this before, I am wondering how long it would take for me to get a duplicate copy.
http://www.uscis.gov/files/form/I-824.pdf
Thanks! Anyone done this before, I am wondering how long it would take for me to get a duplicate copy.
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funny
07-26 02:09 PM
I agree.
Please change the title, Its going to scare hell out of a lot of people. It centainly did the trick for me.
Please change the title, Its going to scare hell out of a lot of people. It centainly did the trick for me.
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xbohdpukc
03-26 07:33 PM
Wow ! We are in wrong field :)
Deduct all the required insurance premiums, work related stress, real possibility of a major screwup/lawsuit, as well as years spent in school/residency/training etc, and I'm sure you'll reconsider your position about being in a wrong field :D
Deduct all the required insurance premiums, work related stress, real possibility of a major screwup/lawsuit, as well as years spent in school/residency/training etc, and I'm sure you'll reconsider your position about being in a wrong field :D
EBX-Man
05-11 03:51 PM
smuggymba / getgreensoon1 / vdlrao
While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers
While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers
Sunny33
12-28 02:25 PM
Some times airline people don't even bother to collect the I94. It happend to me twice and I still have those old I94s. I think they will just collect it if you have it on the passport. They will scan your password for your depature entry which is more important. I think you should have not any problem.
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