MrDesi
02-07 06:04 PM
Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
deardar
09-14 08:25 AM
Can you guys think of an Immigration Voice jingle. A tune that is catchy.
IV members who have an eye for lyrics and music lets see what you got.
Let me try:
************************************************
"Immigration Voice, Immigration Voice, Immigration Voice Rocks!
When dark clouds of labor backlog envelops my domain
Immigration Voice is one sure place that can help my spirits regain
Lot of questions and a long wait for my green card
Immigration Voice is where I get sage advise from the bard
Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
In the dark storm, one shining light, like minded people who share my plight
One day I will wake up from this nightmare,
I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care
One day soon, I will become a proud story,
One more American dream, till then Immigration Voice makes me forget my worry
I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
Silver lining on a dark cloud, one single ray of hope
Immigration Voice, Immigration Voice, Immigration Voice Rocks!
***********************************************
Please improve
Cheers!
_____________
How would we know the tune ? Ya got to sing and put that in you tube .
IV members who have an eye for lyrics and music lets see what you got.
Let me try:
************************************************
"Immigration Voice, Immigration Voice, Immigration Voice Rocks!
When dark clouds of labor backlog envelops my domain
Immigration Voice is one sure place that can help my spirits regain
Lot of questions and a long wait for my green card
Immigration Voice is where I get sage advise from the bard
Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
In the dark storm, one shining light, like minded people who share my plight
One day I will wake up from this nightmare,
I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care
One day soon, I will become a proud story,
One more American dream, till then Immigration Voice makes me forget my worry
I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
Silver lining on a dark cloud, one single ray of hope
Immigration Voice, Immigration Voice, Immigration Voice Rocks!
***********************************************
Please improve
Cheers!
_____________
How would we know the tune ? Ya got to sing and put that in you tube .
marlon2006
09-11 09:57 PM
It is true that many politicians would not risk their bacon weeks away from the election. Don't count that necessarily after the elections the situation will necessarily change. Sen. Frist himself argued that he is OK passing the enforcement only bill within the next couple of weeks and he has said that he expects to leave the immigration thing for the NEXT CONGRESS to decide. Now the key question remains; will enough pro amnesty or even pro immigration lawmakers remain in their job after elections in November ? It remains to be seen. I would love to be optmistic, but if enough incumbents get kicked out of the office, then our chances are not necessarily better next year.
Sorry folks, but that's the truth.
Sorry folks, but that's the truth.
fromnaija
11-08 07:55 AM
Your current employer experience has to be prior to your labor filing date (PD). You can not use the experience you got after the filing date.
You can use your experience with current employer if the future job is substantially different than your current job.
You can use your experience with current employer if the future job is substantially different than your current job.
more...
meridiani.planum
11-06 05:01 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status.
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
ganguteli
03-02 03:34 PM
Its pathetic that nobody is looking at this thread. IV should not be wasting its time and effort on people who are ungrateful and do not value it. They are more happy picking up fights with each other and spending time on threads that do not do any help
more...
sankap
07-20 01:10 PM
We're in a unique situation. My wife and I married in India and didn't register our marriage; we're now citizens of country X. To get our marriage (and birth) certificate, we went to the local Indian consulate, which provides these services. But we were told that, since we're no longer Indian citizens, we should go to X's consulate. Is there a way we can get the certificates? How about registering our marriage in the US?
For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through mymanindia.com. Is there a quicker solution?
For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through mymanindia.com. Is there a quicker solution?
wanna_immigrate
05-24 10:19 AM
Can we delete this thread ?
more...
willgetgc2005
10-31 04:16 PM
This This happened to me as well. My AP which was approved in 2005 and has already expired had an LUD today. I have an approved AP in 2006. But my expired 2005 AP had LUD.
In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
purethoughts
01-24 12:00 PM
The cheapest way will be to give some $50-75 to the immigrationpro.com attorney. They will answer your questions through email. At least you have some opinion to verify with. I would also suggest to go through the yellow pages and find immigration lawyers who give you first hour free consultation. Do not rely on people like me for the prefessional opinion. Even though we have good things in mind, we are not prefessional lawyers. Get 4-5 professional opinion and then you will automatically know what is the truth.
Best luck !
Best luck !
more...
WaitingForMyGC
01-11 01:39 PM
Any more suggestions.. guys?
beautifulMind
02-24 09:03 AM
Do you have to refile 485? i am assuming you have already filed as you said you have EAD. i thought interfiling can be done by just sending a letter to USCIS and there is no need to refile 485.
No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140
No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140
more...
royus77
07-10 12:02 PM
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
Do you have the number of people who held like that ?Most of the people are struck because of the Name Check which USCIS cannt also do any thing because of security .
VB fiasco was done due to the mis communication between DOS and USCIS and it effected nearly 700k people ..thats the reason .No body is paying AILA for the 485 lawsuit
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
Do you have the number of people who held like that ?Most of the people are struck because of the Name Check which USCIS cannt also do any thing because of security .
VB fiasco was done due to the mis communication between DOS and USCIS and it effected nearly 700k people ..thats the reason .No body is paying AILA for the 485 lawsuit
malibuguy007
10-01 08:57 PM
Come on everyone, I know ;) you have not spent it all just yet - it is still the 1st of the month. Loosen those purse strings a little and contribute to the community which is always there to help you when you have questions and need suggestions.
more...
gcdeena
04-29 06:36 PM
Obama takes immigration reform off agenda
Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)
BUMMER :-(
WASHINGTON � Immigration reform has become the first of President Barack Obama's major priorities dropped from the agenda of an election-year Congress facing voter disillusionment. Sounding the death knell was Obama himself.
The president noted that lawmakers may lack the "appetite" to take on immigration while many of them are up for re-election and while another big legislative issue � climate change � is already on their plate.
"I don't want us to do something just for the sake of politics that doesn't solve the problem," Obama told reporters Wednesday night aboard Air Force One.
Immigration reform was an issue Obama promised Latino groups that he would take up in his first year in office. But several hard realities � a tanked economy, a crowded agenda, election-year politics and lack of political will � led to so much foot-dragging in Congress that, ultimately, Obama decided to set the issue aside.
With that move, the president calculated that an immigration bill would not prove as costly to his party two years from now, when he seeks re-election, than it would today, even though some immigration reformers warned that a delay could so discourage Democratic-leaning Latino voters that they would stay home from the polls in November.
Some Democrats thought pushing a bill through now might help their party. If it failed, they could blame Republican resistance, though in reality many Democrats didn't want to deal with an immigration bill this year either.
Perhaps seeing the handwriting on the wall, top Senate Democrats released a legislative framework for immigration reforms anyway. The draft proposal, obtained by The Associated Press on Tuesday, called for, among other things, meeting border security benchmarks before anyone in the country illegally can become a legal permanent U.S. resident.
By Wednesday, House Speaker Nancy Pelosi offered little hope that the issue was still alive on Capitol Hill.
"If there is going to be any movement in this regard, it will require presidential leadership, as well as an appetite, is that the word? ... as well as a willingness to move forward in the Congress," she said.
House Republican leader John Boehner was more blunt. "There is not a chance that immigration is going to move through the Congress," he said Tuesday.
Rep. Luis Gutierrez, the Democrats' leading advocate for immigration reform, has said he voted for health care reform on the understanding that Obama and congressional Democrats would move a major immigration bill.
Even though he would like to see Latinos turn out to vote for Democrats in 2010, Gutierrez said "many will probably decide to stay home." However, he added, a strict, new immigration law in Arizona may change that dynamic. The law requires law enforcement officers to question anyone they suspect is in the country illegally.
"On one hand you are not going to vote because you don't believe people you voted for are doing a good enough job," Gutierrez said. "Then you say, 'I got to vote, because the enemy is so mean and vindictive, I got to get out there.'"
Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)
BUMMER :-(
WASHINGTON � Immigration reform has become the first of President Barack Obama's major priorities dropped from the agenda of an election-year Congress facing voter disillusionment. Sounding the death knell was Obama himself.
The president noted that lawmakers may lack the "appetite" to take on immigration while many of them are up for re-election and while another big legislative issue � climate change � is already on their plate.
"I don't want us to do something just for the sake of politics that doesn't solve the problem," Obama told reporters Wednesday night aboard Air Force One.
Immigration reform was an issue Obama promised Latino groups that he would take up in his first year in office. But several hard realities � a tanked economy, a crowded agenda, election-year politics and lack of political will � led to so much foot-dragging in Congress that, ultimately, Obama decided to set the issue aside.
With that move, the president calculated that an immigration bill would not prove as costly to his party two years from now, when he seeks re-election, than it would today, even though some immigration reformers warned that a delay could so discourage Democratic-leaning Latino voters that they would stay home from the polls in November.
Some Democrats thought pushing a bill through now might help their party. If it failed, they could blame Republican resistance, though in reality many Democrats didn't want to deal with an immigration bill this year either.
Perhaps seeing the handwriting on the wall, top Senate Democrats released a legislative framework for immigration reforms anyway. The draft proposal, obtained by The Associated Press on Tuesday, called for, among other things, meeting border security benchmarks before anyone in the country illegally can become a legal permanent U.S. resident.
By Wednesday, House Speaker Nancy Pelosi offered little hope that the issue was still alive on Capitol Hill.
"If there is going to be any movement in this regard, it will require presidential leadership, as well as an appetite, is that the word? ... as well as a willingness to move forward in the Congress," she said.
House Republican leader John Boehner was more blunt. "There is not a chance that immigration is going to move through the Congress," he said Tuesday.
Rep. Luis Gutierrez, the Democrats' leading advocate for immigration reform, has said he voted for health care reform on the understanding that Obama and congressional Democrats would move a major immigration bill.
Even though he would like to see Latinos turn out to vote for Democrats in 2010, Gutierrez said "many will probably decide to stay home." However, he added, a strict, new immigration law in Arizona may change that dynamic. The law requires law enforcement officers to question anyone they suspect is in the country illegally.
"On one hand you are not going to vote because you don't believe people you voted for are doing a good enough job," Gutierrez said. "Then you say, 'I got to vote, because the enemy is so mean and vindictive, I got to get out there.'"
cbpds
02-23 12:53 PM
please change the subject of this thread to "loan denied" otherwise its assumed to be H1/Stamping denied
I'm not sure about Mortgage.
But for Cars I heard below.
One of my known Uncle who is having GC went to buy Lexus car in NJ and they hesitated to approve him loan and by this my Uncle got upset and he downpaid whole money. Ofcourse he is Wealthy.
One of my collegue who is in US from past 3.5 years went to Honda showroom and they didn't approve him Loan as he doens't have valid Visa & I-797 is valid for couple of months only.
Forget about Banks, even Credit Unions are doing the same.
I'm not sure about Mortgage.
But for Cars I heard below.
One of my known Uncle who is having GC went to buy Lexus car in NJ and they hesitated to approve him loan and by this my Uncle got upset and he downpaid whole money. Ofcourse he is Wealthy.
One of my collegue who is in US from past 3.5 years went to Honda showroom and they didn't approve him Loan as he doens't have valid Visa & I-797 is valid for couple of months only.
Forget about Banks, even Credit Unions are doing the same.
more...
reachinus
11-19 03:55 PM
1. My friend is on H1 and have EAD (June'07 filer) for both him and his spouse... his spouse (secondary aplicant) is currently working on her EAD.. If his company lays him off... Would his wife have any effect on her employment?
No
2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
Yes
3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment?
No
3a. If he goes to India on AP.. for how long could he go?
Untill the day before the expiry of AP
4. Could he take up any job and keep switching till priority date becomes current?
Yes. but advisible to stay in same or similiar job
5. Also what happens if and when priority date becomes current?
Should obtain an EVL from the Current\Future employer assuring a full time permanent job.
No
2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
Yes
3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment?
No
3a. If he goes to India on AP.. for how long could he go?
Untill the day before the expiry of AP
4. Could he take up any job and keep switching till priority date becomes current?
Yes. but advisible to stay in same or similiar job
5. Also what happens if and when priority date becomes current?
Should obtain an EVL from the Current\Future employer assuring a full time permanent job.
JA1HIND
03-20 04:09 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
I will certainly support if I know the cause for this fasting & if I know more details on this rally?
btw: I can also support by dancing and singing all night long (of course it comes out naturally after I have 5-6 drinks....:D) just kidding..
when you get a chance give more details on the cause for this rally, date etc., and see how I can support.
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
I will certainly support if I know the cause for this fasting & if I know more details on this rally?
btw: I can also support by dancing and singing all night long (of course it comes out naturally after I have 5-6 drinks....:D) just kidding..
when you get a chance give more details on the cause for this rally, date etc., and see how I can support.
gc28262
07-16 12:38 PM
I personally think it�s true specially for FB AOS applicants where no intermediate step like EAD and AP between visitor�s visa and final approval. It may also be true for EB AOS applicants where EAD hasn�t been issued and H1 extension hasn�t filled.
EAD - is work authorization. It is not a status document. You can be in this country without EAD if you are on AOS and not working. EAD is needed only if you are working.
AOS - AOS (I-485 pending) is a status in itself. This status allows you to stay in the country irrespective of whether you have an EAD.
EAD - is work authorization. It is not a status document. You can be in this country without EAD if you are on AOS and not working. EAD is needed only if you are working.
AOS - AOS (I-485 pending) is a status in itself. This status allows you to stay in the country irrespective of whether you have an EAD.
keaby
06-18 05:36 PM
If the non compete agreement between your employer and the vendor is about your employer directly selling your srevices to the client in the future, then you don't have any issue as you are leaving your employer.
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
pa_arora
09-21 12:49 PM
.. by trying to get our provisions included in this bill .. Duh..
I may not know the process completely, but how does it work as the Bill has already been passed. Can somebody amend the Bill after it passed? If yes, dosen't it needs to go thru the the voting again?
ciao
-p
I may not know the process completely, but how does it work as the Bill has already been passed. Can somebody amend the Bill after it passed? If yes, dosen't it needs to go thru the the voting again?
ciao
-p
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