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Monday, June 27, 2011

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  • miguy
    06-16 08:34 AM

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  • gc_dreamer_485
    10-24 09:17 AM
    Does anybody here got a rejection becuase of the incorrect filling fee?
    If so can you share the message on the lette which was received along with the rejected application.
    I have received a rejection letter for my spouse with the following message in it.
    "The above application or petition, along with any check or other form of fee payment, is attached. The application or petition cannot be accepted because the proper fee of $1010.00 U.S is not attached. Since the case is not properly filed, a priority or processing date cannot be assigned.

    Please attach a check or money order for this amount and resubmit this entire package to the address listed below. To speed processing, please leave this notice on top."

    Can anyone confirm with me if they got the same message for incorrect filing fee? The message is very ambigious if the filling was incorrect or they did not find the filing fee attached with the application.

    Please reply to this posting with the message they received for rejection of their application or if anybody has any information on this.


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  • chantu
    10-24 02:58 PM
    My wife got a job offer on contract basis for 3 months. I am on h1 and she is on h4 so far. I am planning to stay on h1 itself. If my wife accepts this job using EAD, Does my status also changes? Is it okay if she dont find a job after this contract expires, what status she will be in during that time, h4 or EAD?

    Please advice, Thanks a lot ....

    No..your status will not change. You can still maintain your H1. She can go on EAD and work for 3 months and she will be in AOS status if she does not find any job. She will not go out of status. She can work 40hrs, 20hrs or will not affect her status.

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  • godbless
    05-09 03:04 PM
    In your letter of sponsorship which employer you are going to mention? You will need a letter of employment from your employer.


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  • dionysus
    01-23 02:12 PM
    Today, January 23, 2009, USCIS put up new processing times.

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  • nat23
    12-15 08:49 AM
    In very simple terms : Progressive experience means your job responsibilities increase with time.


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  • lord_labaku
    04-12 02:42 PM
    mergers and acquisitions come under successor of interest and GC process is usually status quo. at yous stage, M&A wouldnt need any inputs from ur side. Confirm with attorney.

    Ofcourse you can also join company C, using AC21 with all the caveats that apply.

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  • svermani
    04-05 01:14 AM
    I got RFE on 485 so looking for a good attorney in Chicago area. I made a mistake on 485 application, so need to contact an attorney urgently.

    Please help.


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  • PD_Dec2002
    06-27 09:15 PM
    Hi All,

    I would like to know if i can file multiple 485s being primary on both ?

    Here is my current status ...

    1. Company A sponsored my GC and the priority is Oct'03 (never worked for this company)
    2. Company B sponsored GC (priority Nov'05). - Currently working for this company
    3. Both are EB-3
    4. Applied 140 & 485 thru concurrent processing (Company A) in 2004
    5. Now that all the dates are current, I am eligible to file 485 (Company B)

    So my question is can i have two 485s filed ?

    First case is future employment case but has '03 priority
    Second case is more strong, but with '05 priority.

    I am confused, what to do now.

    Any advice is appreciated.


    Please search the forums for answers before starting new threads. There are several threads that discuss the issues with multiple I-485 filings.


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  • roseball
    04-05 04:52 PM
    You dont have to apply for a COS as long as she is leaving US before her current I-94 expires. However, note that when she goes for her H4 interview, she might be asked to prove her H1 status by showing her employment details (recent pay checks, tax documents..) in addition to your employment documents before they give her the H4 Visa...This happened with one of my friends at Chennai embassy...Just wanted to give you a heads up on that....


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  • ApprovedI140
    06-20 01:26 AM
    Hi All,

    How many of you gone through this postings in website.

    "Priority Date Movement and H1B Extension Strategies"

    This article states that one can't apply for 3 years H1b even if their I140 is approved and they should go for 1yr extension. In my case I am short of 20days to be eligible for 1yr extension. since my H1B expires 20days before my Labour filling date.

    a) I dont have my visa stamped on my pp
    b) My wife's H4 expires on July07 mine oct\07
    c) I have already filed for 3yrs of H1B and H4 extension as of May before the PD became current.

    1) So What are my options?
    i) Apply for 485 and wait for EAD.
    ii) Leave the H1B petition as such Apply EAD and wait for the decisions on my case
    iii) Go to canda for 25 days and come back with out stamping and recapture the dates and apply for 1yr extension
    iv) Go to canada get H1B stamped and go to INDIA for a month and get H4 stamping for my wife and come back and recpature the dates and get 1yr extension.
    v)File 485 get receipt and go to INDIA for 3months and recapture the dates
    and get 1Yr extn and come back in H1B.
    vi) Don't File 485. Go outside country gain 21days and apply 1Y extn.
    vii) with draw current petition and apply for my wife till 10\07.

    2) What happens if my 3yrs extenson petition is rejected\RFE is sent? Will my wife be out of status bcos her h4 is valid only till 07/07.
    what happens if she has to leave if the petition is cancelled. Her I94 is expired.whether she will face any problems at the airport.

    3)Can she maintain a valid status after 07/07 if the case is still pending?
    if Yes untill when?

    thanks for reading this .

    Can anyone suggest a good and best way 2 go in this scenario.


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  • ashres11
    10-29 12:59 PM
    My wife had concived for 3 days in June. During immigration medical exams Doctor gave her MMR shots and stated don't get pregnant for another 3 months.

    After 15 days, We came to know that she is pregnant.

    last week my wife had miscarriage after 18 weeks of pregnancy. Not sure it's because of MMR or something else.


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  • DSLStart
    01-08 10:51 AM
    You can stay out of the US for up to 6 months with no consequence, as long as the person has a vaild green card and passport. Over 6 months contact with the US consulate is needed and the green card holder can stay out of the country for up to a year. Over a year the green card holder will forfeit their green card and not be allowed to re-enter the country.
    The US permanent resident CAN stay out of the country for more than a year if they apply for and are granted a re-entry permit by USCIS prior to leaving the country. However, for a PR to become a citizen, he/she must have 5 years of continuous residency and staying abroad for more than a year will typically break it regardless of whether a re-entry permit is issued/used.

    after all there is no departure date stamped in my passport? do the airlines inform INS of passenger departure dates? does INS keep a record of departure dates of green card holders in their computers?

    i know that the immigration officer at the port of entry asks "How long have u been outside the US?" In my case it will be one year and one week so can i just say "about a year"

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  • nsolanki77
    01-18 06:45 PM
    In 2005 I (american citizen) applied for a I-130 petition for my husband who is an Indian citizen. (It was approved.) Then after that the case was placed under administrative review at the Mumbai embassy in India. It is still pending for over four years now. As of Sept. 2008 My husband recieved a letter stating the petition was sent to the USCIS here for review and possible revocation. We were told to contact them here for our case. They can not find anything on our case.

    He is now in Canada on a student visa. Can I apply for a K-3 visa while he is in canada on a student visa? I was told he would need to go back to India for me to apply for a K-3 visa. USCIS agent told me to take the steps in applying for a K-3 visa for him.
    Can I?


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  • ssdtm
    06-24 10:10 PM
    Do we need to send the copy or the original of the Employment letter for filing 485?

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  • dollar500
    08-14 08:59 PM


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  • willIWill
    05-18 05:43 PM

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  • sachuin23
    10-06 02:58 PM

    My company has started process of applying for my Green card in EB2 category. However, attorney has some issues with that.

    I joined my company on a post completion OPT based on completion of course work in January 09. At that time I was MS thesis student and had to just defend my thesis. However later in Feb, because of some differences with my adviser, I converted to MS Non thesis and graduated in May 2009 with the course work that I had completed in Dec 08. In all respects, I had completed all coursework requirements for my degree prior to Dec 2008. My company's attorney recently told me that this may be a problem for an EB2 case as I joined company before I graduated with MS.

    I have all documents available with me that all course work for the degree was completed before I joined the company.

    I am bit worried. Can some one advise me on this? I will be grateful.


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  • Dhundhun
    04-24 02:54 PM
    I got one more LUD for I-485

    ie., I got One on Mar 18th and the othe LUD on Mar 25. What dows this mean.

    Can somebody clarify...
    It seems that whenever they open file a LUD is generated, e.g.
    ..FP done
    ..FP Oked
    ..I sent docs for e-filed EAD, when they received they put a LUD

    Soft LUD is happening amounts to some activity happening with file/case.

    08-07 11:50 AM
    i have a valid H1 visa on my passport till 14th dec 2007. yesterday i got the new I-797 with I-94(I-94 dates are mentioned as 15th Dec 2007 to 14th Dec 2010). Since my visa is expiring on 14th Dec 2007, I want to go for stamping before Dec 2007 to Nogales (i have some travel plans in Jan 2008). When can i go for(how soon) stamping. I am planning to go this sept. CAn I ?????

    02-09 10:26 AM
    Isn't it strange that even though Eb3-I PD Mar 04 is not current, they opened the file and sent RFE?

    My PD is Mar 2005/EB3 and I was sent an RFE in Jul 2009 since my Birth certificate has initials and not the full name.

    I read somewhere, because of the backlog, they do review the cases and in some cases even "approve" them. Once the visa number is available, GC will be issued for these cases.

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