seratbabu
02-23 01:32 PM
I got the scanned copy of the RFE of my wife's case from my attorney this morning, here are the details - "Need secondary evidence to demonstrate the claimed relationship..."
I had submitted the marriage certificate, but now they want more. Gurus, has anyone received something like this before, please suggest how this can be taken care of. Can someone point me to a sample affidavit, please?
Thank you!!
I had submitted the marriage certificate, but now they want more. Gurus, has anyone received something like this before, please suggest how this can be taken care of. Can someone point me to a sample affidavit, please?
Thank you!!
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pady
08-20 03:39 PM
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
tikka
06-07 12:54 PM
PLEASE CONTRIBUTE IF YOU HAVE NOT DONE SO ALREADY!
IV NEEDS FUNDS FOR LOBBYING EFFORTS
thank you
IV NEEDS FUNDS FOR LOBBYING EFFORTS
thank you
2011 Heidi Klum had another fun and
starving_dog
11-16 08:50 PM
Pappu, automotive insurance is another area of concern. U.S. insurance companies navel gaze when it comes to prior coverage or driving record. I am a Canadian citizen who had insurance with a Canadian affiliate of an American country. Well it turns out the insurance companies phones can't penetrate the border.
Despite all my clean years of driving (no moving violations, no DUI's, no accidents and no claims) I still had the luxury of paying premium prices in my new found country for the first couple of years.
Despite all my clean years of driving (no moving violations, no DUI's, no accidents and no claims) I still had the luxury of paying premium prices in my new found country for the first couple of years.
more...
vikki76
06-23 02:02 PM
Why can't garbage be thrown in Walmart shopping plastic bags?
It doesn't make sense to harm environment even more by buying new things.In fact, there are new trash cans available whose upper mouth is designed to fit in shopping bags itself.
Regards photos-Let's say you save $20 by saving on photo. You can put this extra $20 in bank @rate of 5%. or you can spend it on extra dinner/movie.
Both options will still rejuvenate economy.
If you send saved $20 to India-Indian govt will be happy to reduce its oil import bill by $20, your family will use this $20 to buy a new Motorola cell phone/Nike shoes or eat dinner at MacDonalds.
Circle of Money never stops.
It doesn't make sense to harm environment even more by buying new things.In fact, there are new trash cans available whose upper mouth is designed to fit in shopping bags itself.
Regards photos-Let's say you save $20 by saving on photo. You can put this extra $20 in bank @rate of 5%. or you can spend it on extra dinner/movie.
Both options will still rejuvenate economy.
If you send saved $20 to India-Indian govt will be happy to reduce its oil import bill by $20, your family will use this $20 to buy a new Motorola cell phone/Nike shoes or eat dinner at MacDonalds.
Circle of Money never stops.
dpp
01-31 09:10 AM
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
more...
rweworld1
08-12 09:31 AM
In my case my GC sponsoring employer had consent signed from me before filing my GC that- I need to work for them for 1 yr at least after getting my GC. Otherwise I need to pay them all legal expenses they have spent on my GC process if I leave them before 1 yr.
Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)
Thanks,
R
Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)
Thanks,
R
2010 Heidi Klum picks up a confused
svr_76
03-11 10:49 PM
Are you so powerful to make all these changes ? You don't have to do so many things for me. Just get me a GC. I won't ask for anything else from you.
Take it easy.
I think these baby steps on enforcing due-diligence will get us all there....
Take it easy.
I think these baby steps on enforcing due-diligence will get us all there....
more...
lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
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makemygc
07-06 06:29 PM
Just like USCIS, they duped us at the last moment.
more...
smohan
08-21 10:35 PM
Kumar,
Thanks for your detailed postings.
One question to Kumar and other knowledgeable readers here.
My child is now over 21 years of age, however is OK with our present EB-3 filing. We all are on EAD. Now if I go for EB-2 route, my doubt is that my child who is already 21 plus years, will not be eligible to be beneficiary in this new EB-2 route...or is there any way?
Thanks for your attention guys.
Thanks for your detailed postings.
One question to Kumar and other knowledgeable readers here.
My child is now over 21 years of age, however is OK with our present EB-3 filing. We all are on EAD. Now if I go for EB-2 route, my doubt is that my child who is already 21 plus years, will not be eligible to be beneficiary in this new EB-2 route...or is there any way?
Thanks for your attention guys.
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SEP03NY
12-20 12:07 PM
If someoe is on H1B then he converted to H4. Then He converted to H1B.
He didnot leave(USA) the country any time. How his time calculated.
Thanks
He didnot leave(USA) the country any time. How his time calculated.
Thanks
more...
house Heidi Klum and Seal Run Around
days_go_by
01-31 12:59 PM
Guys - why is the Hike in immigration fees conciding with strong opposition to funding of the Iraq War.....These funds may well go to Iraq....as Bush is not able to garner support for additional funding from congress.
--------
No, most of those funds will go to sister agencies like ICE to catch illegal immigrants, they will not go towards expediting processing, improving efficiency of USCIS.
01/31/2007 08:00 a.m: USCIS Proposed New Filing Fee Schedules to be Published Tomorrow
* The controversial proposed new filing fee schedules will be published in the federal register tomorrow with 30-day comment period. It is anticipated that the agency may be flooded with the comments from the immigration stakeholders and public during the period. One of the issues that may be raised is the basis of calculation of fees, to wit, whether it is required to cover the increased cost for the processing of the immigration benefits applications as caused by the inflation or, as reported in the CRS, most of the fee funds will be generated to fund the other divisions of the DHS such as ICE and CBP. For the CRS report, readers may want to reread our posting on December 22, 2006 in our Archive XIV. If it is the latter, there is a room for substantial dabate in the Congress, the DHS oversight authority, and potential lawsuits. Please stay tuned.
--------
No, most of those funds will go to sister agencies like ICE to catch illegal immigrants, they will not go towards expediting processing, improving efficiency of USCIS.
01/31/2007 08:00 a.m: USCIS Proposed New Filing Fee Schedules to be Published Tomorrow
* The controversial proposed new filing fee schedules will be published in the federal register tomorrow with 30-day comment period. It is anticipated that the agency may be flooded with the comments from the immigration stakeholders and public during the period. One of the issues that may be raised is the basis of calculation of fees, to wit, whether it is required to cover the increased cost for the processing of the immigration benefits applications as caused by the inflation or, as reported in the CRS, most of the fee funds will be generated to fund the other divisions of the DHS such as ICE and CBP. For the CRS report, readers may want to reread our posting on December 22, 2006 in our Archive XIV. If it is the latter, there is a room for substantial dabate in the Congress, the DHS oversight authority, and potential lawsuits. Please stay tuned.
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ronhira
07-08 12:44 PM
No. I am not anti-immigrant. I am anti-illegal immigrant.
Some people die at twenty five and aren't buried until they are seventy five.
Some people die at twenty five and aren't buried until they are seventy five.
more...
pictures Seal, Heidi Klum and Leni
apahilaj
12-03 03:28 PM
Got the same too. I git frustrated and sent out an e-mail on Friday. Not sure if I should really fill in the form. What a mess at every stage :mad:
I have filled out the forms for my self and my spouse. Going to mail them tonight. What's the worse that can happen? We are already in a sh** situation...
I have filled out the forms for my self and my spouse. Going to mail them tonight. What's the worse that can happen? We are already in a sh** situation...
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eilsoe
02-10 03:06 PM
lol, yearh right! :P
Ask Kirupa to check which members voted, and them compare IP's! :bad:
or.. whatever he does...
I remember the last "cheater" we had here :P
Ask Kirupa to check which members voted, and them compare IP's! :bad:
or.. whatever he does...
I remember the last "cheater" we had here :P
more...
makeup Heidi Klum, Seal #39;aren#39;t
v2neha
03-27 04:00 PM
Team,
The meeting with Rep. Pete Stark's district director Jo Cazenave went very well. She had a little idea about, but was not fully aware of EB process for obtaining GC, and was impressed with our presentation that explained the process in graphical manner. Jo confirmed that Congressman Stark was against illegal immigration and also clarified that he was all in for high tech legal immigration. She listened attentively and took notes. She showed more interest in knowing facts about provisions of S.2454 and Spector's mark up that would reverse provisions of AC21 and Sen. Fienstein's amendments to these proposed bills. She repeatedly reminded me to make sure to forward more details on these after the meeting. I've sent her these details in the 'Thank you' email after the meeting. As it has been the case with outcome of other lawmaker staff's meetings, she suggested that we agressively meet with as many lawmakers as possible - especially in DC, seek support of big companies who hire EB workers and encourage people to contact their congress reps in case of unacceptable administrative delays. Jo has extended her invitation to members of IV to attend Rep. Stark's town meetings. (The next one to be held on 1st Apr'06 in Newark - details on http://www.house.gov/stark/contact/townmeeting.htm ). She asked my personal experience with the GC Processing and how it has impacted me. She noted down my home address and promised that she will not only convey a picture of the issues faced by EB immigrants to the rep, but also have him contact me via mail for anything he might have to say or ask.
The meeting with Rep. Pete Stark's district director Jo Cazenave went very well. She had a little idea about, but was not fully aware of EB process for obtaining GC, and was impressed with our presentation that explained the process in graphical manner. Jo confirmed that Congressman Stark was against illegal immigration and also clarified that he was all in for high tech legal immigration. She listened attentively and took notes. She showed more interest in knowing facts about provisions of S.2454 and Spector's mark up that would reverse provisions of AC21 and Sen. Fienstein's amendments to these proposed bills. She repeatedly reminded me to make sure to forward more details on these after the meeting. I've sent her these details in the 'Thank you' email after the meeting. As it has been the case with outcome of other lawmaker staff's meetings, she suggested that we agressively meet with as many lawmakers as possible - especially in DC, seek support of big companies who hire EB workers and encourage people to contact their congress reps in case of unacceptable administrative delays. Jo has extended her invitation to members of IV to attend Rep. Stark's town meetings. (The next one to be held on 1st Apr'06 in Newark - details on http://www.house.gov/stark/contact/townmeeting.htm ). She asked my personal experience with the GC Processing and how it has impacted me. She noted down my home address and promised that she will not only convey a picture of the issues faced by EB immigrants to the rep, but also have him contact me via mail for anything he might have to say or ask.
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Gravitation
07-06 04:39 PM
LITERALLY BEGGING FORYOUR GCs.
THEY ARE KICKING US OUT AFTER USING US YET WE PROCLAIM OUR SELVES TO BE LOYAL TO AMERICANS...
NOT ONE HAVE I SEEN WITH SELF RESPECT WHO WOULD SAY ...WE SHOULD WORK TOWARDS BUILDING INDIA SO THAT THE FUTURE GENERATIONS WONT HAVE TO KISS THE WHITE ARCE...
SHORTCUTS ...huh ...??
DISGUSTING
:D Thanks for the laughter. :D I almost fell out of chair imagining the depths of your imbecility! :D
THEY ARE KICKING US OUT AFTER USING US YET WE PROCLAIM OUR SELVES TO BE LOYAL TO AMERICANS...
NOT ONE HAVE I SEEN WITH SELF RESPECT WHO WOULD SAY ...WE SHOULD WORK TOWARDS BUILDING INDIA SO THAT THE FUTURE GENERATIONS WONT HAVE TO KISS THE WHITE ARCE...
SHORTCUTS ...huh ...??
DISGUSTING
:D Thanks for the laughter. :D I almost fell out of chair imagining the depths of your imbecility! :D
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myvoice23
07-20 07:27 AM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
arc
10-03 11:21 AM
Transfer people are stuck for FP notices... If only csc could have done the FP along with the ead/ap...
felix31
04-02 03:43 AM
i've just checked. As of now
300 faxes sent (fax # 10)
267 faxes sent (fax # 11)
we need more faxes.....more more many many more...
300 faxes sent (fax # 10)
267 faxes sent (fax # 11)
we need more faxes.....more more many many more...