
gc_check
07-19 10:17 AM
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
You can still apply for 485 since your wife is in US and also their is a 180 days window you can apply for 485 even the primary is approved on certain cases, Contact an attorney and apply asap without any delay and also have a document with all details. It is still possible to file 485 for your spouse.
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
You can still apply for 485 since your wife is in US and also their is a 180 days window you can apply for 485 even the primary is approved on certain cases, Contact an attorney and apply asap without any delay and also have a document with all details. It is still possible to file 485 for your spouse.
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Tantra
07-13 11:40 AM
Please post a message here to help encourage more guests of join in.

boreal
09-02 04:39 PM
Below is the response I got today in email. For the "additional review" part should I be concerned
The status of this service request is:
Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
How long did it take them to send the SR response? When did u open the SR? Thanks in advance...
The status of this service request is:
Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
How long did it take them to send the SR response? When did u open the SR? Thanks in advance...
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abc
05-30 03:42 PM
Asian,
Not sure what you are getting at here.
The managers amendment of S. 2611 does have the provision of filing I-485 even when visa numbers are not available. This provision exists precisely because IV asked for it.
Read the post on http://immigrationvoice.org/forum/showpost.php?p=15093&postcount=2
Berkeleybee
I think what Asian means is that the stringent rule of 'Same kind of job' in AC21 makes AC21 usability very limited. If that condition is abolished, 485 is as good as GC in terms of job mobility.
Not sure what you are getting at here.
The managers amendment of S. 2611 does have the provision of filing I-485 even when visa numbers are not available. This provision exists precisely because IV asked for it.
Read the post on http://immigrationvoice.org/forum/showpost.php?p=15093&postcount=2
Berkeleybee
I think what Asian means is that the stringent rule of 'Same kind of job' in AC21 makes AC21 usability very limited. If that condition is abolished, 485 is as good as GC in terms of job mobility.
more...

kondur_007
02-23 08:37 PM
I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.
First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).
She starts to accure illegal presence starting from Feb 22.
Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.
Good Luck.
ps: I am not a lawyer. Follow your lawyer's advise.
First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).
She starts to accure illegal presence starting from Feb 22.
Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.
Good Luck.
ps: I am not a lawyer. Follow your lawyer's advise.

sinziana
01-20 01:04 PM
I am a teacher at an NGO. I am not sure if I understood your question, but hope this helps,,,
First, you have to comply with the state procedures for teacher certification and eligibility. You need the work/H1B visa; the procedure is same as that for all other jobs. The school/orgaization should be ready/willing to sponsor one for a work visa.
sdudeja, nice to meet another teacher on the forum!
hi,
tell me please how is this NGO
i AM teacher and I am looking for ajob in USA
THANKS
First, you have to comply with the state procedures for teacher certification and eligibility. You need the work/H1B visa; the procedure is same as that for all other jobs. The school/orgaization should be ready/willing to sponsor one for a work visa.
sdudeja, nice to meet another teacher on the forum!
hi,
tell me please how is this NGO
i AM teacher and I am looking for ajob in USA
THANKS
more...

validIV
04-27 02:58 PM
My I-140 receipt date is Feb'20 2009..
Dont you mean 2008 like it says on your profile?
Dont you mean 2008 like it says on your profile?
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legaleagle
06-08 11:31 AM
Dhundhun,
Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
Thanks again
Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
Thanks again
more...

jfredr
07-26 01:49 PM
my colleague whose 485 was mailed on june 27th had his checked cleared yesterday.
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Hey Ram GC
05-05 05:33 PM
I did try to change the title, but can not. In the body, i did, but main page, i can not.
BUT I can wish about EB3- India to be current soon
BUT I can wish about EB3- India to be current soon
more...

EndlessWait
01-23 01:26 PM
Still waiting.. there processing time says July still.
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chanukya
10-01 05:49 PM
Same kind of comments by Hillary were slammed as racist comments, after which she had to re-tract or explain what she meant.
This is a kind of Type Casting all Indian-Americans as working for or owning 7/11 or Dun-kin Donuts, some people cannot see beyond that, as they are the day-to-day interactions they have with Indian-Americans....Remember we are still not Indian-Americans, we are still Indians only, but some are aspiring to be...
In politics, especially Election Season, anything you say will be portrayed as wrong by somebody....(bi-product of freedom of speech)....we 7/11 and Dunk-in Donut guys know well about this from our Indian Politics...Feeling kind of in India only, no difference, as far as politics is concerned, our guys have mastered this art of politics, may be US should outsource this also, they might be already doing this, we do not know.
So do not shoot the messenger....
This is a kind of Type Casting all Indian-Americans as working for or owning 7/11 or Dun-kin Donuts, some people cannot see beyond that, as they are the day-to-day interactions they have with Indian-Americans....Remember we are still not Indian-Americans, we are still Indians only, but some are aspiring to be...
In politics, especially Election Season, anything you say will be portrayed as wrong by somebody....(bi-product of freedom of speech)....we 7/11 and Dunk-in Donut guys know well about this from our Indian Politics...Feeling kind of in India only, no difference, as far as politics is concerned, our guys have mastered this art of politics, may be US should outsource this also, they might be already doing this, we do not know.
So do not shoot the messenger....
more...
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anilsal
11-15 11:23 PM
Since you are filing your GC through a lawyer, it is their job to advice you when the time comes. Keep them informed about your case and they should research and guide.
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bikram_das_in
04-20 09:48 AM
Immigration reform is for all.....
1) Path to citizenship for undocumented workers
2) Relief to backlogged EB/FB immigration - pork for us
3) Foolproof border security and enforcement of immigration law - pork for Antis
So it's a win win for everybody. We should support this march and show our solidarity to CIR.
1) Path to citizenship for undocumented workers
2) Relief to backlogged EB/FB immigration - pork for us
3) Foolproof border security and enforcement of immigration law - pork for Antis
So it's a win win for everybody. We should support this march and show our solidarity to CIR.
more...
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stemcell
02-11 11:38 AM
Albertpinto
Nice idea actually.
There have been many articles about economic growth secondary to legal immigrants.
In retrospect all of us come with couple of suitcases and end up in the top 10% of the socioeconomic strata given a time frame of 5 yrs or less.
Washington know this but the lethargy to do anything for us is i think is political.
Now that CHANGE has been elected lets see whats in store for all of us.
Nice idea actually.
There have been many articles about economic growth secondary to legal immigrants.
In retrospect all of us come with couple of suitcases and end up in the top 10% of the socioeconomic strata given a time frame of 5 yrs or less.
Washington know this but the lethargy to do anything for us is i think is political.
Now that CHANGE has been elected lets see whats in store for all of us.
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sandyn16
11-01 12:30 AM
I faced the same situation last year when my I94 expired because my passport expired in April 2007. I got my passport renewed but missed the I94 expiry date.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
more...
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indianindian2006
05-30 11:12 AM
I guess in that case there would be a conference between house and senate,and the conferees will be decided by Harry Reid and Nancy Pelosi,they would sort out the differences in the bill and then would send it back to house and senate for a vote.
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needhelp!
02-05 01:45 PM
You will have to pay again and again and again.
But you have a chance to get 2 year EAD. Thanks to IV for the effort.
Hi Prasadn,
Thanks for the reply. That sucks if I have to pay again::((
I read somewhere that if we apply with the latest fees, we dont have to pay again.
Can any one else please confirm?
Regards
But you have a chance to get 2 year EAD. Thanks to IV for the effort.
Hi Prasadn,
Thanks for the reply. That sucks if I have to pay again::((
I read somewhere that if we apply with the latest fees, we dont have to pay again.
Can any one else please confirm?
Regards
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ksurjan
07-23 02:10 PM
J Barrett
smartboy75
09-28 06:48 PM
Hi All
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
goel_ar
05-01 09:29 AM
I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag