clif
06-15 06:00 AM
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both? If I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
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mhtanim
06-08 05:42 PM
I don't live in the tri-state...
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.
As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.
As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.
Joozz
09-21 09:50 AM
Or may be the fact that they gave me new visa in the embassy means that everything fine with that extension?
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spicy_guy
04-08 04:47 PM
I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)
Krupa
If that were to happen, EB3 I should move at least one month ?!!?!
Krupa
If that were to happen, EB3 I should move at least one month ?!!?!
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se_vnt3
02-24 03:41 PM
To whom it may concern, please, help us. Everything we ever learned from the U.S. about truth and justice is suddenly being deprived of any meaning by the U.S. itself. The hardest part for us is believing that everything we�ve based our lives on � the American way, has no merit.
I was deported from the United States of America on February 18, 2005. I lived there nearly 30 years since I was 20 months old, when my mother crossed the Rio Grande into the country with me illegally. I was given an opportunity to become legal under the NACARA law but was to afraid of being deported like Maricela Soza was under the same law and didn�t go through with the entire process. I have both a husband and a son who are U.S. citizens but I am permanently prohibited by Immigration law from immigrating to the United States, while at the same time I am allowed to visit. Due to my drug convictions amounting to possession of more than one count of 30 grams of marijuana. It�s Immigration law�s contradicting policies which I find disturbing.
U.S. Immigration is concerned with their citizens� welfare but it is denying my husband�s and my son�s requests to have me back by their side for good. Although Immigration law will value my wish to receive admission into the United States. Needless to say I prefer returning, immigrating and remaining in the country by my family�s side. That�s not taking into account the fact that I am still homesick and continue experiencing culture shock in Nicaragua. What the Department of Homeland Security is doing to my family and I is cruel, inhumane and unpatriotic. No free country�s government has any business deciding how families should be formed or whose personal choice is agreeable or not. Like that of my son�s and husband�s choice to overlook my shortcomings and begin our lives over together again.
The 212(d)(3) Waiver allows a visitor�s visa into the U.S. to be issued to an Alien like me if I show evidence of rehabilitation such as becoming a practicing professional with a U.S. job offer. Sometimes with lone proof of a bank savings account, school registration and satisfactory travel record. On the other hand there isn�t one waiver available for United States Citizens who wish to rebuild their lives with an Alien deported for any drug charge(s) of possession of more than one count of 30 grams of marijuana. Not only are Andrew�s(my son) and Thomas�(my husband) needs being ignored but my needs are being placed before their own. An act I dare name TREASON.
How much more is the United States citizens� welfare secured if an Alien with an undesirable drug history enters the United States merely to visit and not to immigrate? Shouldn�t all United States citizens� needs and rights within and from their country � such as my husband�s and my son�s, come before any Alien�s need or right to receive admission into the U.S., including my own? Also, shouldn�t Family-Based Immigration take first place over �Alien travel� for any reason?
I regret to say it�s these types of injustices with devastating consequences to the recipient�s and his/her immediate relatives� personal lives remaining raveled, much more unacknowledged that play a large role in the cause for conflict concerning disloyalty and unpopularity among U.S. citizens and foreign nationals inside and outside of the United States. I trust that once this oversight is brought to DHS�s attention they will not knowingly continue punishing my husband and my son for loving me, an Alien who once stumbled while attempting to survive in the U.S.. I�m afraid to imagine how many individuals involved in cases like my family�s and mine go on thinking that the U.S. is a bad country for having the audacity to pass judgment on them. I�ve had to believe there�s a glitch somewhere in immigration law caused by simple human error. I can�t accept that the U.S. I grew to know as a loving, Christian country with caring values is intentionally causing my loved ones and I grief. It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed. I know the United States of America will do right by my son, my husband, me, and the rest of its citizens and foreign nationals in our predicament.
We want the 212(d)(3) Non-Immigrant Visas Waiver made into an Immigrant Visas Waiver for Immediate Relatives of U.S. Citizens to make sure United States citizens receive competent protection from the Department of Homeland Security and adequate protection from the United States of America. I believe a Waiver should be available to me for my deportation charge including possession of more than one count of 30 grams of marijuana so my husband and son can claim me and I can immigrate to the U.S.. But immigration law only makes such a Waiver available to Foreign Nationals who wish to travel to the U.S.(and who also have the same charge as me: deportation including possession of more than one count of 30 grams of marijuana). My husband�s and my son�s Freedom Of Belief civil liberty is being violated because their belief is being discriminated against. I am not able to immigrate to the U.S. because immigration law doesn�t allow me a Waiver enabling my husband or son to claim me successfully. If I had a Waiver available to me they wouldn�t have to be at this crossroads making their case public in the courts, therefore their Right To Privacy is also being violated as a result of their belief being discriminated against. Please, help bring justice to these afflicted, we need your input. How should we proceed?
I was deported from the United States of America on February 18, 2005. I lived there nearly 30 years since I was 20 months old, when my mother crossed the Rio Grande into the country with me illegally. I was given an opportunity to become legal under the NACARA law but was to afraid of being deported like Maricela Soza was under the same law and didn�t go through with the entire process. I have both a husband and a son who are U.S. citizens but I am permanently prohibited by Immigration law from immigrating to the United States, while at the same time I am allowed to visit. Due to my drug convictions amounting to possession of more than one count of 30 grams of marijuana. It�s Immigration law�s contradicting policies which I find disturbing.
U.S. Immigration is concerned with their citizens� welfare but it is denying my husband�s and my son�s requests to have me back by their side for good. Although Immigration law will value my wish to receive admission into the United States. Needless to say I prefer returning, immigrating and remaining in the country by my family�s side. That�s not taking into account the fact that I am still homesick and continue experiencing culture shock in Nicaragua. What the Department of Homeland Security is doing to my family and I is cruel, inhumane and unpatriotic. No free country�s government has any business deciding how families should be formed or whose personal choice is agreeable or not. Like that of my son�s and husband�s choice to overlook my shortcomings and begin our lives over together again.
The 212(d)(3) Waiver allows a visitor�s visa into the U.S. to be issued to an Alien like me if I show evidence of rehabilitation such as becoming a practicing professional with a U.S. job offer. Sometimes with lone proof of a bank savings account, school registration and satisfactory travel record. On the other hand there isn�t one waiver available for United States Citizens who wish to rebuild their lives with an Alien deported for any drug charge(s) of possession of more than one count of 30 grams of marijuana. Not only are Andrew�s(my son) and Thomas�(my husband) needs being ignored but my needs are being placed before their own. An act I dare name TREASON.
How much more is the United States citizens� welfare secured if an Alien with an undesirable drug history enters the United States merely to visit and not to immigrate? Shouldn�t all United States citizens� needs and rights within and from their country � such as my husband�s and my son�s, come before any Alien�s need or right to receive admission into the U.S., including my own? Also, shouldn�t Family-Based Immigration take first place over �Alien travel� for any reason?
I regret to say it�s these types of injustices with devastating consequences to the recipient�s and his/her immediate relatives� personal lives remaining raveled, much more unacknowledged that play a large role in the cause for conflict concerning disloyalty and unpopularity among U.S. citizens and foreign nationals inside and outside of the United States. I trust that once this oversight is brought to DHS�s attention they will not knowingly continue punishing my husband and my son for loving me, an Alien who once stumbled while attempting to survive in the U.S.. I�m afraid to imagine how many individuals involved in cases like my family�s and mine go on thinking that the U.S. is a bad country for having the audacity to pass judgment on them. I�ve had to believe there�s a glitch somewhere in immigration law caused by simple human error. I can�t accept that the U.S. I grew to know as a loving, Christian country with caring values is intentionally causing my loved ones and I grief. It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed. I know the United States of America will do right by my son, my husband, me, and the rest of its citizens and foreign nationals in our predicament.
We want the 212(d)(3) Non-Immigrant Visas Waiver made into an Immigrant Visas Waiver for Immediate Relatives of U.S. Citizens to make sure United States citizens receive competent protection from the Department of Homeland Security and adequate protection from the United States of America. I believe a Waiver should be available to me for my deportation charge including possession of more than one count of 30 grams of marijuana so my husband and son can claim me and I can immigrate to the U.S.. But immigration law only makes such a Waiver available to Foreign Nationals who wish to travel to the U.S.(and who also have the same charge as me: deportation including possession of more than one count of 30 grams of marijuana). My husband�s and my son�s Freedom Of Belief civil liberty is being violated because their belief is being discriminated against. I am not able to immigrate to the U.S. because immigration law doesn�t allow me a Waiver enabling my husband or son to claim me successfully. If I had a Waiver available to me they wouldn�t have to be at this crossroads making their case public in the courts, therefore their Right To Privacy is also being violated as a result of their belief being discriminated against. Please, help bring justice to these afflicted, we need your input. How should we proceed?
jhaalaa
11-11 10:56 AM
I agree that every single job loss matters and I support keeping jobs here where possible - unless essential.
Interestingly, jobs lost due to outsourcing are far less than other factors. Here is some interesting survey link:
Where the Jobs Went - Careers (http://www.cioinsight.com/c/a/Careers/Where-the-Jobs-Went-517950/?kc=CIOMINUTE11112009CIOA)
The reason I posted it here is because the anti-immigrant lobby also views immigrants as supporters of outsourcing - which is not true because we look wholistically from an economic perspective. Also we are comparatively less emotionally charged about local issues, something that we should be more involved in to ensure comfortable assimilation for natives and immigrants alike.
Interestingly, jobs lost due to outsourcing are far less than other factors. Here is some interesting survey link:
Where the Jobs Went - Careers (http://www.cioinsight.com/c/a/Careers/Where-the-Jobs-Went-517950/?kc=CIOMINUTE11112009CIOA)
The reason I posted it here is because the anti-immigrant lobby also views immigrants as supporters of outsourcing - which is not true because we look wholistically from an economic perspective. Also we are comparatively less emotionally charged about local issues, something that we should be more involved in to ensure comfortable assimilation for natives and immigrants alike.
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needhelp!
02-18 02:44 PM
Just a gentle reminder to post us an update if you've got some by now.
Also he is against H1b Mis-use. Now does he understand PPL like us in Middle of Nowhere.
Also he is against H1b Mis-use. Now does he understand PPL like us in Middle of Nowhere.
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immigrant2007
09-13 12:30 PM
EB2 and EB3 at one point were in the same boat. Now that EB2 is advancing and is way ahead of EB3, the EB3 applicants are upset and angry. Their anger is very much justified. However, their anger should not be directed towards EB2 applicants.
As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.
"hate the game, don't hate the playa....Chris Rock" is appropriate here.
Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.
We are all in this together. We all need to stay together.
I agree and plead to everyone (I really beg to everyone of you please do not fight) lets support each other. Someone is going to get GC earlier than others. Lets not feel bad about it. And I request everyone in EB2 and EB1 to support all backlogs victims.
As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.
"hate the game, don't hate the playa....Chris Rock" is appropriate here.
Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.
We are all in this together. We all need to stay together.
I agree and plead to everyone (I really beg to everyone of you please do not fight) lets support each other. Someone is going to get GC earlier than others. Lets not feel bad about it. And I request everyone in EB2 and EB1 to support all backlogs victims.
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rsayed
02-02 09:37 AM
Best Wishes for a fabulous future! Congratulations!
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moonrah
08-27 02:39 PM
that means there is backlog of audited cased in atlanta..now they have created backlog for labor also..
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ashkam
12-08 02:35 PM
Her H4 is not valid. She did travel to India without an approved AP.
Can we cancel her GC application and bring her back on H4?
Any other options?
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
Can we cancel her GC application and bring her back on H4?
Any other options?
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
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cooldesi
01-24 11:47 PM
Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.
I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
I agree and my experience suggests that it's always better to file fresh application than mtr. this is just my personal opinion.
There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.
I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
I agree and my experience suggests that it's always better to file fresh application than mtr. this is just my personal opinion.
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desi3933
02-18 06:39 PM
If you could post some official documentation that would help rajesh1972
If the child is under 2 years old, and is accompanied by LPR parent upon their first return to the U.S. of the parent who is applying to re-enter as LPR and the parent is admissible, then the child should be issued an I-181 upon his/her first entry as a lawful permanent resident.
I-181 (Memorandum of Creation of Record of Lawful Permanent Residence)
I will get official links for that. It is recommended that LPR parent has travel document that allows LPR to be outside US for upto 2 years and preserve green card status.
**** Not a legal advise ***
If the child is under 2 years old, and is accompanied by LPR parent upon their first return to the U.S. of the parent who is applying to re-enter as LPR and the parent is admissible, then the child should be issued an I-181 upon his/her first entry as a lawful permanent resident.
I-181 (Memorandum of Creation of Record of Lawful Permanent Residence)
I will get official links for that. It is recommended that LPR parent has travel document that allows LPR to be outside US for upto 2 years and preserve green card status.
**** Not a legal advise ***
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kartikiran
11-09 05:21 PM
Done.
I would have liked another field which asks how much money has been moved away from USA due to uncertainty with the wait for green card.
Personally, I wish I had parked my savings money in USA, but due to green card limbo I ended up moving all that money outside to another country to invest.
Only reason, I am not sure where my life would end without knowing an answer to my green card application.
I think this is a key point which is missing in the survey.
I would have liked another field which asks how much money has been moved away from USA due to uncertainty with the wait for green card.
Personally, I wish I had parked my savings money in USA, but due to green card limbo I ended up moving all that money outside to another country to invest.
Only reason, I am not sure where my life would end without knowing an answer to my green card application.
I think this is a key point which is missing in the survey.
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chanduv23
07-27 03:03 PM
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
In very rare ocassions people get to know that their 485 is preadjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
In very rare ocassions people get to know that their 485 is preadjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
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delhirocks
06-21 01:20 AM
I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
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honge_kamyaab
11-30 09:24 AM
Remember I-140 is owned by your employer. If you quit the job your greencard process will start from PERM again with your new employer.
Portability applys six months after filing I-485.
Hope that helps.
Portability applys six months after filing I-485.
Hope that helps.
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a1b2c3
06-16 12:27 AM
I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!
I think so too. I think its good to ask the immigration officer why the visa is being denied.
I think its best your parents apply by themselves and leave your brothers out.
When they see so many family members travelling all together for an extended period of time, they smell something. They feel your entire family wants to be out of Indonesia and will apply for asylum.
Another thing to do is to ask for a short duration visa like a month or so. It might help.
And forget abt the elderly granddad. No one will buy all that. Make sure the reasons for coming back are rock solid.
Sorry to hear about this and wish you the best luck next time. Don't give up hope and ask your folks to schedule another appt without delay.
I think so too. I think its good to ask the immigration officer why the visa is being denied.
I think its best your parents apply by themselves and leave your brothers out.
When they see so many family members travelling all together for an extended period of time, they smell something. They feel your entire family wants to be out of Indonesia and will apply for asylum.
Another thing to do is to ask for a short duration visa like a month or so. It might help.
And forget abt the elderly granddad. No one will buy all that. Make sure the reasons for coming back are rock solid.
Sorry to hear about this and wish you the best luck next time. Don't give up hope and ask your folks to schedule another appt without delay.
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looivy
11-19 02:06 PM
I have H1B visa stamp on passport with my old employer and I have AP, EAD and H1 approval with my new employer. I am planning to travel to India in December. If I use AP on my way back, does that annul my H1 approval with new employer. Pl advise.
gcnirvana
03-30 03:36 PM
You should be fine. We travelled one month after I switched employers using the AP I got while working for the old employer. No questions asked. But do carry all supporting documents and if asked about current employer, tell him the truth that you switched employers. Don't hide anything. Good Luck!
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
leoindiano
07-09 11:55 AM
Upgraded to premium processing on June 19th. No news so far....No update on uscis website whatsoever....
Anybody in same boaT?
Anybody in same boaT?
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