gbof
01-28 09:16 PM
Folks, please help:
I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.
My questions are:
1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?
Thanks in advance.
I can not say on on Q1 or Q3 but for Q2, I am told by attorney USCIS does not entertain BC from consulate or BC issued by school board.
I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.
My questions are:
1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?
Thanks in advance.
I can not say on on Q1 or Q3 but for Q2, I am told by attorney USCIS does not entertain BC from consulate or BC issued by school board.
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JunRN
08-18 01:28 PM
Speculation is always part of one's life. We want to know our future options, that's why we speculate. Some speculations are deduction from facts and some are just inference. We cannot avoid speculating. What we can do is trying to know which speculation is nearer to the truth and which ones are not.
Ram_C
11-08 12:44 PM
Hi all,
This year I got my H1B approved with start date Oct 1st 2007 through a consultancy. I had also applied for GC in July (as derivative) and got my EAD October last week.
The consultancy hasn't placed me on project so far (it's been more than a month) , and I am concerned , if this period of "no pay" will affect my GC process in anyway.:(
The consultancy wants me to get an SSN now, because a couple of their clients want to know the SSN number before considering for projects.
Would getting an ssn number based on the H1B effect me in anyway later on.....in case it takes longer for the consultancy to assign me a project?:confused:
In the mean time I have been looking for jobs in my area , and if I find one before the consultancy assigns a project, I have decided to go ahead and use my EAD card.. and get SSN based on EAD.
Could someone please please let me know if there is any effect on GC if I get an SSN on H1B...or if I use EAD to get an SSN would it invalidate my H1B?:confused:
I would much rather be safe than sorry.
Thank you all for ur replies...
you can use your EAD to obtain SSN. using EAD for SSN purpose will not invalidate your H1-B status.
This year I got my H1B approved with start date Oct 1st 2007 through a consultancy. I had also applied for GC in July (as derivative) and got my EAD October last week.
The consultancy hasn't placed me on project so far (it's been more than a month) , and I am concerned , if this period of "no pay" will affect my GC process in anyway.:(
The consultancy wants me to get an SSN now, because a couple of their clients want to know the SSN number before considering for projects.
Would getting an ssn number based on the H1B effect me in anyway later on.....in case it takes longer for the consultancy to assign me a project?:confused:
In the mean time I have been looking for jobs in my area , and if I find one before the consultancy assigns a project, I have decided to go ahead and use my EAD card.. and get SSN based on EAD.
Could someone please please let me know if there is any effect on GC if I get an SSN on H1B...or if I use EAD to get an SSN would it invalidate my H1B?:confused:
I would much rather be safe than sorry.
Thank you all for ur replies...
you can use your EAD to obtain SSN. using EAD for SSN purpose will not invalidate your H1-B status.
2011 new york state bird and
deecha
08-06 11:22 AM
Hello everyone,new to the forum
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
Get a new competent lawyer ! If you were in deportation proceedings and you won the case, then the IJ should have granted you the adjustment of status right then and there.
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
Get a new competent lawyer ! If you were in deportation proceedings and you won the case, then the IJ should have granted you the adjustment of status right then and there.
more...
raydon
09-30 01:55 AM
The processing times for I-140 applications in the TSC show no change since the last update. Are there any changes in the NSC processing times ?
I haven't been following the I-485 times for a while since my priority date (EB3/ Mar 2004) is not current and I'm more keen on the I-140 approval for now.
I haven't been following the I-485 times for a while since my priority date (EB3/ Mar 2004) is not current and I'm more keen on the I-140 approval for now.
redcard
05-20 10:39 AM
and your question is?
how can she get a Green Card..
how can she get a Green Card..
more...
menezeswayne
12-11 02:30 PM
My H1-B extension was filed on June 3 2010 requesting for additional 3 years (after the 1st 6 yrs). My labor and I-140 were also approved. The case has been pending since then. It has been more than 5 months now. I was wondering if anyone else is experiencing similar delays? My I-797 has expired in September and I'm still working on the basis of the pending application.
Thanks in advance.
Thanks in advance.
2010 new york state flower. new
Jaime
09-06 04:49 PM
I have worked in Europe for 4+ years and i can say that life in US and Europe is the same (cost of living is higher in Europe but social security is better). I was seriously considering a move to UK (despite racism) to gain job/life freedom for me and my family. I have HSMP from UK and got a job offer that paid me better (including 35% raise in cost of living) than current US job with flexibility to change employment, also my wife could take up job any day she wants (unlike H4).
You are a poster child of the U.S. Reverse Brain Drain. Shame on Congress if the United States loses you and your family!
You are a poster child of the U.S. Reverse Brain Drain. Shame on Congress if the United States loses you and your family!
more...
dskhabra
02-26 01:17 PM
You'll get 3 year H1 extension beyond 6 years with I-140 approval.
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thakurrajiv
01-29 07:11 PM
I have done this. No problems at all. For me they did not ask any question at all. I was carrying old and new I797. Hope this hepls.
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eborbust
07-01 09:19 AM
To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
Search Results - THOMAS (Library of Congress)
S.2611
Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.
(b) Adjustment of Status-
(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
................
Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.
We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
Search Results - THOMAS (Library of Congress)
S.2611
Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.
(b) Adjustment of Status-
(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
................
Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.
We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...
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husamymd
12-30 01:58 PM
Let me put my 2 cents worth. I am one of the members who would be able to contribute $500. Not sure if I can do it on a recurring basis. But you guys wanted to identify the initial group and here I am. Hope that helps
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srikondoji
07-26 02:47 PM
pappu,
Just made another contribution of $100. AS i said to you in the past, that i will be making contributions every now and then instead of recurring.
Transaction ID: 2FX50463NH320233G Placed on Jul. 26, 2007
Just made another contribution of $100. AS i said to you in the past, that i will be making contributions every now and then instead of recurring.
Transaction ID: 2FX50463NH320233G Placed on Jul. 26, 2007
tattoo the new york state bird.
yabadaba
07-22 12:33 PM
It is a bit early. No checks will be cleared except the legal fee checks. :)
Tomm will be the 23rd...so logically my application has been there for three weeks along with all the other july 2nd filers.
they say they will reach receipting compliance by 1st of August at the NSC...if that is true we need to see some cleared checks right away
Tomm will be the 23rd...so logically my application has been there for three weeks along with all the other july 2nd filers.
they say they will reach receipting compliance by 1st of August at the NSC...if that is true we need to see some cleared checks right away
more...
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HOPE_GC_SOON
07-19 04:35 PM
Thanks Meridiani.
Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.
Let's keep fingers crossed..
Thanks,
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.
Let's keep fingers crossed..
Thanks,
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
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pdakwala
02-24 04:45 PM
Oh actually I was working with Spector so that we can have markup out asap. Just Kidding. Got busy with work.
Any way fox please wake up now. It's a show time. We have 27 days left. We all have only one option and that is to "Kill Retrogression virus". There will be no negotiation on that.
Cheers
Any way fox please wake up now. It's a show time. We have 27 days left. We all have only one option and that is to "Kill Retrogression virus". There will be no negotiation on that.
Cheers
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teky
03-25 11:31 PM
You can use follow to join to allow your wife to get an EAD after she finishes her waiver (If you have a GC by then and your PD is current). I am not sure if she can immediately file after her waiver. Any gurus please reply. Signing another contract in a waiver location is painful (after initial contract pf 3 yrs is over). Also if anybody can reply on how much time we can stay legally after the initial 3 years.
As far as issues, its a lenghty and a painful journey to a waiver job and clearance. Needs a lot of work. But once you r thru with getting a H-1b to start the job should be no issues.
Let me know if you need anything. Mine is EB3 PD-04/2002 India and still waiting.
Regards,
Teky.
As far as issues, its a lenghty and a painful journey to a waiver job and clearance. Needs a lot of work. But once you r thru with getting a H-1b to start the job should be no issues.
Let me know if you need anything. Mine is EB3 PD-04/2002 India and still waiting.
Regards,
Teky.
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chanduv23
09-14 02:14 PM
Lets all compliment people coming from coast to coast
North west
North East
South West
South East
Central
PEOPLE FROM ALL OVER THE COUNTRY ARE COMING FOR THE HISTORIC EVENT
LETS ALL MAKE IT TO DC
North west
North East
South West
South East
Central
PEOPLE FROM ALL OVER THE COUNTRY ARE COMING FOR THE HISTORIC EVENT
LETS ALL MAKE IT TO DC
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vikramy
06-05 03:12 PM
Some of the answers i know. I did a H1 transfer in 2004 and travelled to india.
I have to leave for India on Saturday for my wedding next weekend.
My possible scenarios :-
1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
Yes. Make arrangements for your company to send you these approval notice to India
2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
For h1 transfer i think yes. Alway your company responds. You need to just provide the info. confirm with others, i am not completely confident
3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
You can travel and your company can send you the approval. I did it in 2004
Can someone advise ?
My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
yes, but your visa has to be renewed on new approval. Old approval may not be valid. If you already have a valid visa you don't need a new visa. (This was what i was told that time. Things may have changed) Always better to get a new stamping
Thanks, and keep up all the good work.
I have to leave for India on Saturday for my wedding next weekend.
My possible scenarios :-
1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
Yes. Make arrangements for your company to send you these approval notice to India
2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
For h1 transfer i think yes. Alway your company responds. You need to just provide the info. confirm with others, i am not completely confident
3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
You can travel and your company can send you the approval. I did it in 2004
Can someone advise ?
My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
yes, but your visa has to be renewed on new approval. Old approval may not be valid. If you already have a valid visa you don't need a new visa. (This was what i was told that time. Things may have changed) Always better to get a new stamping
Thanks, and keep up all the good work.
ssdtm
11-06 02:23 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.
Maverick1
11-08 05:31 PM
Some where around December after completing Data Entry for all the AOS applications
Now that they have almost done with the receipts and most of the EAD and APs, they might consider starting the PP early next year.
Now that they have almost done with the receipts and most of the EAD and APs, they might consider starting the PP early next year.
