srarao
07-23 12:05 PM
R.Pitcher
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purplehazea
06-01 06:18 PM
Guys I had started this thread for people who have already filed for I485 and are waiting for a visa number. I am surprised at how this thread has been altered with a poll and the kind of posts people are making.
EB2_Jun03_dude
11-29 04:49 PM
I got this RFE email Nov 28th. Yet to receive the letter so do not have the "response time window".
Assuming they give me 6 weeks (Jan 7th) to respond. I will request my attorney to fax and then courier the Response to USCIS on Jan 3rd(Friday). I am planning to fly back on Jan 5th(Sunday). This way when I am at POE the I-485 status is still pending. It s..ks to do all these manipulations... but this trip is long pending and some urgent issues need to be taken care during this trip.
Assuming they give me 6 weeks (Jan 7th) to respond. I will request my attorney to fax and then courier the Response to USCIS on Jan 3rd(Friday). I am planning to fly back on Jan 5th(Sunday). This way when I am at POE the I-485 status is still pending. It s..ks to do all these manipulations... but this trip is long pending and some urgent issues need to be taken care during this trip.
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Hong12
02-04 01:12 AM
I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
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sunny1000
10-14 12:51 AM
My girlfriend is an Australian citizen and I am an Indian citizen.
Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.
Her parents have greencards too.
She believes her greencard was filed for her by her uncle after he got his US Citizenship.
1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )
Does she or does she not have a green card in her hand?
We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.
This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?
2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?
Yes.
I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.
Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?
All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?
3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.
However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.
Not true.
Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?
Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card
4. Are not all greencards created equal?
Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.
5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?
If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.
Any special serial numbers/markings/etc?
I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated
Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.
Read between the lines for answers.
Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.
Her parents have greencards too.
She believes her greencard was filed for her by her uncle after he got his US Citizenship.
1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )
Does she or does she not have a green card in her hand?
We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.
This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?
2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?
Yes.
I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.
Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?
All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?
3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.
However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.
Not true.
Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?
Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card
4. Are not all greencards created equal?
Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.
5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?
If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.
Any special serial numbers/markings/etc?
I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated
Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.
Read between the lines for answers.
Lord Rahl
01-25 12:21 PM
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apatel_17
07-18 06:02 AM
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
please do some research on immigrationportal.com. i recall reading that short visits should not reset the H1B 365 day clock. days of short visits will just not get counted towards the 365 days.
please do some research on immigrationportal.com. i recall reading that short visits should not reset the H1B 365 day clock. days of short visits will just not get counted towards the 365 days.
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veni001
01-18 05:48 PM
How u know that the chances are 95%? Why can't it be 5%? :D
Simple, Employer got audited and had a denial ! Second almost all software related EB2 PERM/I140 gets audited, if not you are in that 0-5% ;)
Simple, Employer got audited and had a denial ! Second almost all software related EB2 PERM/I140 gets audited, if not you are in that 0-5% ;)
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GCBoy786
09-11 01:21 PM
Did any one of you receive receipts matching above criteria. I-140 approved from NSC and 485 sent to NSC.
Also respond if anyone is in the same boat as me waiting for receipts and matching above criteria.
Also respond if anyone is in the same boat as me waiting for receipts and matching above criteria.
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FinalGC
10-24 11:19 AM
I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.
Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN
I have couple of friends who have claimed like this....
if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....
Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN
I have couple of friends who have claimed like this....
if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....
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gaggu
07-12 02:20 PM
This place is addictive...
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rajivkumarverma
10-16 07:16 PM
Whats the reason for the denial ?
My Labour was For EB-3 and my I-140 was filled in EB2
One of my Colleague also had same case but he got query on his
I-140 and mine got denied
I have a question
Now I will have to file new labour and I-140 can
Will I loose my old priority dates
My Labour was For EB-3 and my I-140 was filled in EB2
One of my Colleague also had same case but he got query on his
I-140 and mine got denied
I have a question
Now I will have to file new labour and I-140 can
Will I loose my old priority dates
more...
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sammyb
09-24 12:45 PM
In June'09 USCIS issued RFE for both of our I-485 for medical and it was sent to my old address even tough I updated address online for both the application ... fortunately a copy was sent to the lawyer and we were able to respond in time ...
This whole system is a crap - their IT i mean .... no proper house keeping ... and do not depend on the online status ... even though one of the AOS appl has been denied ny USCIS the online status still shows pending - what a joke .... also the MTR for the same denial shows pending :) :) :) ...
I got it for missing Medicals for both me and my wife.
I would trust anytime my lawyer than USCIS.
here is what they did.
Wrong address even though filed for AR11 online and received Soft LUD online. This is one year old address and they didn't even put APT# in my old address. God's Grace I received it by mail fowarding without APT#
Didn't update my online status. Still showing Pending and no LUD or soft LUD
I know my lawyer put in G28 and medicals both when he was mailing it as I was the one who finally inspected and mailed the package.
Some other folks also got for Medicals. Looks to me a routine to get rid off pending cases or preadjudicate.
Weird but true in my case
This whole system is a crap - their IT i mean .... no proper house keeping ... and do not depend on the online status ... even though one of the AOS appl has been denied ny USCIS the online status still shows pending - what a joke .... also the MTR for the same denial shows pending :) :) :) ...
I got it for missing Medicals for both me and my wife.
I would trust anytime my lawyer than USCIS.
here is what they did.
Wrong address even though filed for AR11 online and received Soft LUD online. This is one year old address and they didn't even put APT# in my old address. God's Grace I received it by mail fowarding without APT#
Didn't update my online status. Still showing Pending and no LUD or soft LUD
I know my lawyer put in G28 and medicals both when he was mailing it as I was the one who finally inspected and mailed the package.
Some other folks also got for Medicals. Looks to me a routine to get rid off pending cases or preadjudicate.
Weird but true in my case
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Beemar
10-04 09:04 PM
Congratulations.
Even I got approved on saturday. What's wrong in that?
Enjoy green life now.
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
Even I got approved on saturday. What's wrong in that?
Enjoy green life now.
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
more...
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bkam
03-17 11:15 PM
EB3_PERA,
Immigration to Canada is the most obvious option in case you want to stay within North America. Being Canadian permanent resident / citizen allows you to run business in the States under certain rules.
Another option is Australia but it is a bit far away and in fact the country is not very much populated - less than 20 mln people. I.e. business is not booming.
Dubai is an excellent option for making money, or at least that was the case 10-15 years ago. Its economy is still booming.
<snip>
Immigration to Canada is the most obvious option in case you want to stay within North America. Being Canadian permanent resident / citizen allows you to run business in the States under certain rules.
Another option is Australia but it is a bit far away and in fact the country is not very much populated - less than 20 mln people. I.e. business is not booming.
Dubai is an excellent option for making money, or at least that was the case 10-15 years ago. Its economy is still booming.
<snip>
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sdrblr
09-01 03:19 PM
If you (or her ) do not get the card by 2nd week, make an infopass appointment and get the PP stamped.
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
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kriskris
07-20 02:13 PM
Do you think we can apply a duplicate 485 when the actual 485 packet is already sent. Even in this case how do you send the sealed medical reports since you have already sent them.
I am in the same boat as you are. please let me know.
I am in the same boat as you are. please let me know.
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kondur_007
07-27 06:47 PM
Thank you for the post.
This is a nice comprehensive analysis by Ron.
Eventhough the issue of maitaining other non-immigrant status (like H or L) is still up for the debate, he did clarify the very confusing memo from CIS.
This is a nice comprehensive analysis by Ron.
Eventhough the issue of maitaining other non-immigrant status (like H or L) is still up for the debate, he did clarify the very confusing memo from CIS.
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lifesucksinUS
07-13 12:56 PM
Wow Wow Wow.
Watch out..Before typing think.
You are the Administrator of the site!!!
I do understand the wild posts though
why ?????whats wrong with what the administrator has written..
Watch out..Before typing think.
You are the Administrator of the site!!!
I do understand the wild posts though
why ?????whats wrong with what the administrator has written..
gccovet
04-01 01:25 PM
Please update your profile.
GCCovet
GCCovet
susie
10-31 01:47 AM
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
maybe you can re finance your biz and invest the $500,00 and not actually sell the biz, then apply for EB5, once the case is in process you are legal to stay till decision
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
maybe you can re finance your biz and invest the $500,00 and not actually sell the biz, then apply for EB5, once the case is in process you are legal to stay till decision
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