meridiani.planum
08-11 11:41 PM
Hi Guys,
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.
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ilikekilo
06-07 05:45 PM
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
ok veni..stop geeting surprised and pl contribute for your sake
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
ok veni..stop geeting surprised and pl contribute for your sake
tnite
03-31 06:24 PM
Hi All Gurus:
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
You can change your employer 180 days after filing your I485 provided your I140 is approved.
Think twice before you act
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
You can change your employer 180 days after filing your I485 provided your I140 is approved.
Think twice before you act
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sandy_anand
08-11 02:06 PM
Good post, gave you green! Wish people would come forward to donate and/or volunteer.
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fromnaija
07-19 11:16 AM
If you are here on H1 and your dependent is in H4, it's your right to claim all the deductions that you are entitled to. For tax purposes your are a legal resident alien. I have routinely claimed Hope Credits for all my dependents and lifetime learning credits for myself.
If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
atlfp
04-08 01:26 PM
I guess everything needs to go through the house conference. However there is a much better chance to attach it to the PACE act since Sensenbrenner may not be sitting in that conference at all. PACE act goes to this committe:
Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development
It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.
like S 1932 that deals with other issues then you risk the House getting those thrown out during conference committee.
The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.
Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development
It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.
like S 1932 that deals with other issues then you risk the House getting those thrown out during conference committee.
The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.
more...
GCSOON-Ihope
06-14 04:57 PM
On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
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immi2006
05-31 09:45 AM
My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
more...
Ann Ruben
05-23 10:19 AM
What happened between April 2002 and June 2003 when you returned to the US with an H-1 visa? Did you remain in the US? Did you continue working in the US? When did you leave the US to apply for the visa? What information did you provide to the US Consul regarding your time in the US?
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loudobbs
10-17 02:52 PM
You can look at related fields for your job code on the O NETsite.
So I am guessing if your new job code falls in any of the related occupations, your oK??
Any thoughts......
So I am guessing if your new job code falls in any of the related occupations, your oK??
Any thoughts......
more...
h1techSlave
12-04 12:28 PM
I thought you can be with out a job for 6 months while AOS pending. Not on H1, but in EAD.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
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LongJourny
01-22 04:38 PM
I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case.
I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
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dupedinjuly
07-18 03:50 AM
http://www.nytimes.com/2007/07/18/washington/18visa.html
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swo
07-21 04:13 AM
The information stated here in the context of pending AoS applications is incorrect.
While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.
You may do this ONLINE at the USCIS website.
https://egov.uscis.gov/crisgwi/go?action=coa
Note, you must STILL file the AR-11.
As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.
You may do this ONLINE at the USCIS website.
https://egov.uscis.gov/crisgwi/go?action=coa
Note, you must STILL file the AR-11.
As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
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shahuja
02-06 09:06 PM
hello casinoroyal, singhv, stuckhere, statuslaw, bepositive..EVERYBODY..need help..
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
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sanjaymk
11-09 07:17 PM
Hello,
I am willing to contribute my time. I have decent writing skills and can create some PPT.
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Sanjay.
$150 donation so far.
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bidhanc
03-06 10:57 PM
Same here. We submitted 485 on Jul2 without our medicals and some other major documents like birth certificates etc. Have had not issues till now. Got our receipt notices for 485, AP & EAD. Also got our EADs pretty quickly.
Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
Hi stu*
Did you get an answer whether we can send the medical papers to USCIS now with I-485 receipts?
Would it work?
Anyone??
Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
Hi stu*
Did you get an answer whether we can send the medical papers to USCIS now with I-485 receipts?
Would it work?
Anyone??
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VenuK
07-10 07:35 PM
Hi SDDesi,
That's a good point. i will talk to my attorney and senior attorney from other resources.
Thanks,
Hi raysaikat,
I talked to my attorney about the security clearance and he said my security clearance is done successfully. basically, FBI will do all that behind the scenes thats what my attorney said, they back check in bio-data since i came into US,
then
only i have received approved I-797 with company Y on Jun 5, 2008.
addition to it, i have a letter (from my attorney) from an expert opinion who is the Professor from University of Maryland on my Education and Work Experience. correct me if this is wrong.
coming to second point
i dont think my current client will give me that kinda luxury working from remote place,
what is TAL?
what information is provided there.
what do i need to look for in there.
do u have any link where i can look into it, if so pls email me at
kvenu135 at hotmail dot com
please email me anyone who reads this thread/post with your advices.
I would be more than happy to appreciate it
With Thanks,
Venu
That's a good point. i will talk to my attorney and senior attorney from other resources.
Thanks,
Hi raysaikat,
I talked to my attorney about the security clearance and he said my security clearance is done successfully. basically, FBI will do all that behind the scenes thats what my attorney said, they back check in bio-data since i came into US,
then
only i have received approved I-797 with company Y on Jun 5, 2008.
addition to it, i have a letter (from my attorney) from an expert opinion who is the Professor from University of Maryland on my Education and Work Experience. correct me if this is wrong.
coming to second point
i dont think my current client will give me that kinda luxury working from remote place,
what is TAL?
what information is provided there.
what do i need to look for in there.
do u have any link where i can look into it, if so pls email me at
kvenu135 at hotmail dot com
please email me anyone who reads this thread/post with your advices.
I would be more than happy to appreciate it
With Thanks,
Venu
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tnite
08-03 10:28 PM
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
Per this press note, Nebraska has issued receipts for I-485 upto July 11 and Texas 26th June....
maybe they meant 07/1/2007
Per this press note, Nebraska has issued receipts for I-485 upto July 11 and Texas 26th June....
maybe they meant 07/1/2007
gc@waiting
08-27 09:42 AM
A quick question on Canadian immigration(PR) - Can someone tell me as to typically how long the entire process takes if applied from US? Starting from aplying and getting the PR approved? thanks.
franklin
07-11 07:31 PM
Thanks everyone for your offers to help. The more volunteers the better, since it will decrease the number of phone calls for each person to make.
Please remember to send contact info (email address) to either gsc999 or myself
Please remember to send contact info (email address) to either gsc999 or myself
