Ramba
06-18 06:15 PM
485 is a very simle procedure you can do your self. The best thing is download the latest I-485 form from USCIS website and spend some time in reading it. It clearly says what should be attached. Each lwyer says different things. Do not send too much. Do not send all the pages of paspoort. It will defenitly add weight.
Here is the list I sent long time back.
I-485 form
Attachements:
1. 140 approval notice
2. Offer letter.
3. Fee
These three are very important.
3. 4 biographic pages
4.Medical cover.
5. Latest I-94
6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
7. Bio-graphic and visa pages of old and new passport.
8. Birht certificate.
Dependent and Child.
All the 3 to 8.
1.I-134 (sponsership)
2. Bank statemnet (no tax or w2 forms, not needed)
3. Marrage certificate.
Thats all.
got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.
Here is the list I sent long time back.
I-485 form
Attachements:
1. 140 approval notice
2. Offer letter.
3. Fee
These three are very important.
3. 4 biographic pages
4.Medical cover.
5. Latest I-94
6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
7. Bio-graphic and visa pages of old and new passport.
8. Birht certificate.
Dependent and Child.
All the 3 to 8.
1.I-134 (sponsership)
2. Bank statemnet (no tax or w2 forms, not needed)
3. Marrage certificate.
Thats all.
got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.
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eb2dec2005
02-23 10:59 PM
Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?
Please share your views.
Please share your views.
walking_dude
12-05 04:53 PM
If I'm not wrong AILF is the litigation arm of AILA, meaning AILF is a subsidiary of AILA. Not an independent org.
AILF is a non-profit organization. You are probably right regarding AILA :)
AILF is a non-profit organization. You are probably right regarding AILA :)
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Ramba
08-07 08:31 PM
Thanks. Yes, I am an Indian citizen.
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?
---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.
In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
---
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?
---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.
In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
---
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lostinbeta
09-06 10:40 AM
I did my footer in Photoshop 7, exported as .png and imported the images into Flash MX. Added a little actionscript and *bam*, I got me a new footer.
Umm.. there is also www.carbonfour.com ....they are pretty good.
Umm.. there is also www.carbonfour.com ....they are pretty good.
greencard_fever
04-07 05:56 PM
Here's another parallel Idea.
Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.
By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.
we can do this to get the Dems attention to our problems...right now Obama and Clinton are campaining in PA..so the IV members who are from PA can try to meet them and explain our problems.. when they are out there for campaining..
Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.
By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.
we can do this to get the Dems attention to our problems...right now Obama and Clinton are campaining in PA..so the IV members who are from PA can try to meet them and explain our problems.. when they are out there for campaining..
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dingudi
09-30 06:48 PM
Hi, can anyone shed some light on what happens if the 485 and 140 both are pending for more than 180 days and the applicant is laid off? Does AC21 come handy or any other way out? Also, only 6 months remain on the H1B(8th year extension).
I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.
As for AC21 law, it is associated with an approved I-140 and not a pending I-140.
I-485 July 2 filer , ND Sept 10
No FP yet
I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.
As for AC21 law, it is associated with an approved I-140 and not a pending I-140.
I-485 July 2 filer , ND Sept 10
No FP yet
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aat0995
08-07 11:50 AM
Mine was transferred sometime in Nov or late october of 07. They didn't do anything until the date for I-485 became current on 1st august. However, it might be just a co-incidence as my I-485 is still pending. So I am probably not under PPP program going on in TSC.
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rongha_2000
10-11 04:52 PM
Ok, if this is true, its sure that your employer is exploiting you and thats shameful. Keep all your correspondence in writing. If employer is not reply in writing somehow record your phone conversation with him and then
1) You have a valid case to file a complaint with the DOL and suing your employer and seek punitive damages. Since your I140 is approved then you switch to another employer and port your PD. Atleast that will not be lost. If the judge grants you the punitive damage, I'd say Dude take that and go back to india cos that money will be enough for you to live a peaceful life there :)
2) In above case the only flip side is that you will not be able to file I485 anytime soon and will loose benefits like EAD and stuff.
3) If you can ride it through, do it and after 180 days using AC-21 change jobs and first thing you do is sue your employer and seek punitive damages. In that case you will have numbers to prove the financial, emotional hardships you experienced in this ordeal.
In either case dont spare the blood-sucking employer. Its employers like these that make general american public think that H1-B is being abused.
hi,
this might look an essay but this is true ----------------
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions
thanks and regards
1) You have a valid case to file a complaint with the DOL and suing your employer and seek punitive damages. Since your I140 is approved then you switch to another employer and port your PD. Atleast that will not be lost. If the judge grants you the punitive damage, I'd say Dude take that and go back to india cos that money will be enough for you to live a peaceful life there :)
2) In above case the only flip side is that you will not be able to file I485 anytime soon and will loose benefits like EAD and stuff.
3) If you can ride it through, do it and after 180 days using AC-21 change jobs and first thing you do is sue your employer and seek punitive damages. In that case you will have numbers to prove the financial, emotional hardships you experienced in this ordeal.
In either case dont spare the blood-sucking employer. Its employers like these that make general american public think that H1-B is being abused.
hi,
this might look an essay but this is true ----------------
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions
thanks and regards
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Axilleus
10-23 11:36 AM
I found that EADs from NSC are being issued for filers until Aug13, as of now. I guess the processing time is like a week and half of the week, for every day. So you could be getting in 3 weeks.
Just wondering how do you know that EADs are being issued for Aug 13 filers?
Just wondering how do you know that EADs are being issued for Aug 13 filers?
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Googler
02-15 12:06 AM
Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
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sweet_jungle
11-17 12:26 AM
it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.
Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.
The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.
In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.
Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.
The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.
In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.
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Refugee_New
01-03 03:35 PM
hi i have a question here:
suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
so whose application processed first? is x's or Y's for final GC process.
thanks for your answers.
As per USCIS trend, Z's application would be processed first and finally A and B will get the GC.
suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
so whose application processed first? is x's or Y's for final GC process.
thanks for your answers.
As per USCIS trend, Z's application would be processed first and finally A and B will get the GC.
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sammas
07-14 12:36 PM
Please look at the text below
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
Based on the above text, you are supposed to pay $340. Chances are that your EAD application might be rejected due to no filing fee.
Coming to your questions, below are the answers
1. Probably not
2. If you have the application number like SRC or LIN etc., you may be able to do this. Before doing it, please take the advice of your attorney.
3. If no application number was generated, this might be a good idea.
Hope this helps.
Note : I am not an attorney, please make sure to take legal advice.
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
Based on the above text, you are supposed to pay $340. Chances are that your EAD application might be rejected due to no filing fee.
Coming to your questions, below are the answers
1. Probably not
2. If you have the application number like SRC or LIN etc., you may be able to do this. Before doing it, please take the advice of your attorney.
3. If no application number was generated, this might be a good idea.
Hope this helps.
Note : I am not an attorney, please make sure to take legal advice.
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another one
07-09 01:26 PM
8 Million elderly americans live alone....
p.s. sorry not a legal immigration issue
I know its hard to get it noticed, but in order to make a real impact, we must strive to put this news on the front page of major media, while its sill hot. Last week CNN had an article on the front page regarding the "plight of hindu widows". I was baffled to see an article like that get the headline space and not a small comment from CNN about the JULY VB fiasco.
p.s. sorry not a legal immigration issue
I know its hard to get it noticed, but in order to make a real impact, we must strive to put this news on the front page of major media, while its sill hot. Last week CNN had an article on the front page regarding the "plight of hindu widows". I was baffled to see an article like that get the headline space and not a small comment from CNN about the JULY VB fiasco.
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FrankZulu
08-20 09:45 AM
Status is still initial review on 485 and when checked with infopass I was told that my case in in extended review.
And yes, my case is current from last 10 months.
Are you working for the same company who filed your I-140?
And yes, my case is current from last 10 months.
Are you working for the same company who filed your I-140?
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gc_peshwa
11-17 11:18 AM
I think its a wise move on IV's part to keep all lobbying and campaigning efforts private. That way the NumbsersUSA and other anti's can not sniff what IVians are upto. Keep up the good work. Someone at the top (God!!) is watching your hard work and you will be rewarded soon.
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trueguy
08-28 02:09 PM
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.
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GCFROMOHIO
05-04 10:39 PM
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
starlite
07-21 01:55 AM
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
seaken75
07-17 10:19 PM
Today is a great day in IV history!
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
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