http://forums.immigration.com/ en Sat, 21 Nov 2009 00:51:22 GMT vBulletin 60 http://forums.immigration.com/images/misc/rss.jpg http://forums.immigration.com/ http://forums.immigration.com/showthread.php?t=306359&goto=newpost Thu, 19 Nov 2009 14:32:16 GMT I have approved I130 and as per December visa bulletin I can file another AOS thru family. My category is married son over 21 of US Citizen.

My father's income is not enough and I am working with the same company who sponsored my H1 and GC.
Can I use my own income for affidavit support or I need someone else?

Please let me know

Thanks ]]> General I-485 and Related Issues GC4all111 http://forums.immigration.com/showthread.php?t=306359 http://forums.immigration.com/showthread.php?t=306334&goto=newpost Thu, 19 Nov 2009 00:42:24 GMT It may take about at few months before i could apply for my GC. Meantime my wife may go back to India for personal reasons. Meantime if the GC dates are current then my wife has to be in US to apply for GC? Also can we complete our FP and background check at the same time? Please advice It may take about at few months before i could apply for my GC. Meantime my wife may go back to India for personal reasons. Meantime if the GC dates are current then my wife has to be in US to apply for GC? Also can we complete our FP and background check at the same time?

Please advice ]]> General I-485 and Related Issues GChopelost http://forums.immigration.com/showthread.php?t=306334 http://forums.immigration.com/showthread.php?t=306325&goto=newpost Wed, 18 Nov 2009 22:07:02 GMT Hello, everybody. My question is : When two immigrants get married and one of them is having a GC, can this permanent residency status be applied to his new spouse somehow? The spouse is having H1B status at the moment. Thanks Hello, everybody.

My question is :

When two immigrants get married and one of them is having a GC, can this permanent residency status be applied to his new spouse somehow? The spouse is having H1B status at the moment.

Thanks ]]> General I-485 and Related Issues jok_07089 http://forums.immigration.com/showthread.php?t=306325 http://forums.immigration.com/showthread.php?t=306276&goto=newpost Tue, 17 Nov 2009 21:39:45 GMT what is the law about the salary requirement after getting the GC through employment? I know that employer needs to pay the stated salary in labor application after GC is approved. How is non-gauranteed bonus treated? Can it be considered part of the salary? How long should the salary be in... what is the law about the salary requirement after getting the GC through employment?

I know that employer needs to pay the stated salary in labor application after GC is approved. How is non-gauranteed bonus treated? Can it be considered part of the salary?

How long should the salary be in compliance? Is there any time-limit, precedent or law regarding that? I heard from my employer that it needs to be in compliance only for a year after gc approval. Is it true? ]]> General I-485 and Related Issues decipher http://forums.immigration.com/showthread.php?t=306276 http://forums.immigration.com/showthread.php?t=306265&goto=newpost Tue, 17 Nov 2009 16:38:48 GMT Does anyone know the logic INS is supposed to follow in processing 485 cases, basically, how is the queue constructed? In every EB category for a specific country of chargeability - Every case has number of dates Labor Priority date (Date when underlying labor was filed) 140 Filing or... Does anyone know the logic INS is supposed to follow in processing 485 cases, basically, how is the queue constructed?

In every EB category for a specific country of chargeability -
Every case has number of dates
Labor Priority date (Date when underlying labor was filed)
140 Filing or Received date (Date when 140 was sent to INS or date when it was received by INS)
140 Notice date (Date when 140 case is entered in the INS system and notice issued)
485 Filing date (Date when 485 was sent to INS or date when it was received by INS)
485 Notice date (Date when 485 case is entered in the INS system and notice issued

Is the Labor Priority Date the only date that decides my location in the 485 queue?

So, (a hypothetical case)
Person X, EB3 INDIA, PD Mar 2001, files for 485 in Jan 09
Person Y, EB3 INDIA, PD Mar 1999, files for 485 in Nov 09

Assuming, INS is not working on any of these 2 cases between Jan 09 and Nov 09;
Does Person X remain in the queue at the top or does Person Y appears in the queue at the top?

I am trying to find out if the 140 notice date and/or 485 notice date has any impact on the queue. ]]> General I-485 and Related Issues justdoit http://forums.immigration.com/showthread.php?t=306265 http://forums.immigration.com/showthread.php?t=306264&goto=newpost Tue, 17 Nov 2009 16:27:15 GMT Hi What is the best way to find a lawyer, i am changing job and would like to file for AC21 and other stuff like renew EAD and AP in future etc, Is there any suggestion or experience with a good lawyer, i am in CT, how much would they charge for this kind of work Hi
What is the best way to find a lawyer, i am changing job and would like to file for AC21 and other stuff like renew EAD and AP in future etc,
Is there any suggestion or experience with a good lawyer, i am in CT,
how much would they charge for this kind of work ]]> General I-485 and Related Issues kulkarni_ash http://forums.immigration.com/showthread.php?t=306264 http://forums.immigration.com/showthread.php?t=306227&goto=newpost Mon, 16 Nov 2009 21:50:49 GMT Hello All, I have an employment based GC with my employer. I am EB3 category PD of March 2006 and have labor and 140 approved. I had an interview with my regional office and they said the case is ready to be approved just waiting on the visa numbers. EB3 numbers to come to 2006 levels can take... Hello All,

I have an employment based GC with my employer. I am EB3 category PD of March 2006 and have labor and 140 approved. I had an interview with my regional office and they said the case is ready to be approved just waiting on the visa numbers.
EB3 numbers to come to 2006 levels can take a long time I am guessing.

If in the mean time I plan to change my job, do I need to file AC21? If the GC is for future employment? Also my employer said that if I need to change jobs then he will give me letter saying I will come and work for him once the GC is approved.

In this scenario while changing jobs, do I need to see that the job title is same or similar and the job responsibilities are same as my LC?

I have a higher degree now while working as H1B and processing of 485 so the chances of me working in the same field are going to be slim if I actually do change jobs.

Please let me know your views. Your help and suggestions are really appreciated.
Thanks in advance. ]]> General I-485 and Related Issues kiranmm13 http://forums.immigration.com/showthread.php?t=306227 http://forums.immigration.com/showthread.php?t=306195&goto=newpost Mon, 16 Nov 2009 11:04:57 GMT Hello,

I'm currently OUTSIDE USA, and will stay outside for some time. I was staying in apartment which will be rented out.
I have pending 485 application and I'm represented by a lawyer.
But USCIS will continue to send mail to old apartment address (e.g. new fingerprinting request), which I will not receive.

Should I update my address to my USA OFFICE address?
Should I file form AR-11 electronically https://egov.uscis.gov/crisgwi/go?action=coa ?

Please advise how to proceed.


Thank You. ]]> General I-485 and Related Issues ip1f http://forums.immigration.com/showthread.php?t=306195 http://forums.immigration.com/showthread.php?t=306168&goto=newpost Sun, 15 Nov 2009 18:28:43 GMT Hello, just wanted to know if anyone has had similar experience. A friend of mine has pending I-485 and had advance parole based on employment sponsorship and he frequently used AP to travel to India. Most recently, he traveled to India while making a big mistake of overlooking the date on... Hello, just wanted to know if anyone has had similar experience. A friend of mine has pending I-485 and had advance parole based on employment sponsorship and he frequently used AP to travel to India. Most recently, he traveled to India while making a big mistake of overlooking the date on Advance Parole which was expired. On his way back, he was held at LAX by Immigration folks and then they deported him back. He has his wife and daughter still in the US.

Knowing that the law states that once you leave the country without AP or with an expired AP, you abandon your case with USCIS, I want to know if anyone in the past in similar situation was able to sort it out and how.
Any immediate help would be greatly appreciated. We are in toch with the top-notch attorneys at this time, but wanted to see what others folks did and if they were succesful. ]]> General I-485 and Related Issues sumesh http://forums.immigration.com/showthread.php?t=306168 http://forums.immigration.com/showthread.php?t=306155&goto=newpost Sun, 15 Nov 2009 04:54:20 GMT Hello, I was approved as Asylee last year and I applied for I-485 about 7 months ago. After not getting any update so far, I tried to follow up my application by calling USCIS customer service and I got a email like this which I cannot understand. Can anyone please help me understand and tell if... Hello,
I was approved as Asylee last year and I applied for I-485 about 7 months ago. After not getting any update so far, I tried to follow up my application by calling USCIS customer service and I got a email like this which I cannot understand. Can anyone please help me understand and tell if it's something I need to be worried? Any help or suggestion would be greatly appreciated.

Here is what I got as a inquiry :


"The status of this service request is:

Your case is on hold because you appear to be inadmissible under ?212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security?s discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case."


Thanks. ]]> General I-485 and Related Issues subarnak http://forums.immigration.com/showthread.php?t=306155 http://forums.immigration.com/showthread.php?t=306144&goto=newpost Sun, 15 Nov 2009 00:14:44 GMT Hi I am a senior executive who transferred with my US MNC from India on a L1-A visa this year. I suppose I will come under the EB-1 (Multinational Exec/ senior Manager category) when I apply for my GC. I will be applying for the I-140 in Dec 09. I will go to India to get married in mid-Jan... Hi

I am a senior executive who transferred with my US MNC from India on a L1-A visa this year. I suppose I will come under the EB-1 (Multinational Exec/ senior Manager category) when I apply for my GC.

I will be applying for the I-140 in Dec 09.
I will go to India to get married in mid-Jan 2010. After which I will come back to US to apply for the I-485 - as soon as the I-140 is approved (end-Jan)

My employer will be helping me with the process.

QUESTIONS
1. Do I just put my newly wed wife's name on MY (primary applicant) I-485 ...or do I have to turn in a seperate form for her.

2. Does my newly wed wife have to be in the US when I apply for both our I-485 ?

3. When can she join me in the US...and on what visa ? She has never been to the US before.

4. Does applying for my wife's I485 in anyway jeopardize my I485 application ?

thanks ]]> General I-485 and Related Issues mapillai http://forums.immigration.com/showthread.php?t=306144 http://forums.immigration.com/showthread.php?t=306110&goto=newpost Fri, 13 Nov 2009 21:02:45 GMT I-485 submitted 3 months ago (based on approved EB1b) , FP done 1 month ago, EAD/AP approved 3 weeks ago. How long normally for such I-485 to get approved? I-485 submitted 3 months ago (based on approved EB1b) , FP done 1 month ago, EAD/AP approved 3 weeks ago. How long normally for such I-485 to get approved? ]]> General I-485 and Related Issues tree72 http://forums.immigration.com/showthread.php?t=306110 http://forums.immigration.com/showthread.php?t=306089&goto=newpost Fri, 13 Nov 2009 14:54:53 GMT Have a question about Switching from H1 to EAD to H1,

1) I am on H1-B (also have EAD, sponsored by h1 employer) and I have H1 visa stamp on my passport till Feb'2010 but I got my existing I-94 valid till Nov30'09 only since my passport expires on Nov30'09 (but I got renewed passport now).

2) And I got H1-B extended, beginning from Feb'2010 and new I-94 also starts from Feb'2010 (USCIS didn't consider attorney's request of starting I-94 from Nov30'09)

3) So, one should maintain valid I-94 to be on H1-B status and in my case I have no valid I-94 from Nov30'09 to Feb'2010,

4) So, is it possible to use my EAD between Nov30'09 to Feb'2010 and come back to H1-B beginning from Feb'2010 (that's when new extended H1-B/I-94 valid from)

5) Are there any means to get new I-94 other than travel out and come back to USA to get new I-94 at POE (for period, Nov30'09 to Feb'2010)

Please share your thoughts. Thanks. ]]> General I-485 and Related Issues forumuser1 http://forums.immigration.com/showthread.php?t=306089 http://forums.immigration.com/showthread.php?t=306088&goto=newpost Fri, 13 Nov 2009 11:51:20 GMT Hello Members. *_Re-entry permit of a GC holder:_* The applicant need to be physically present in US while applying Form-131; But does the applicant need to wait in US until the decision is made by USCIS (or) they can travel out of US after applying it? *_AP of an individual pending I-485:_*... Hello Members.

Re-entry permit of a GC holder: The applicant need to be physically present in US while applying Form-131; But does the applicant need to wait in US until the decision is made by USCIS (or) they can travel out of US after applying it?

AP of an individual pending I-485: The applicant need to be physically present in US while applying Form-131; But does the applicant need to wait in US until the decision is made by USCIS (or) they can travel out of US after applying it?

It would be helpful, if you could clarify on the above 2 aspects.

Thanks,
Ram ]]> General I-485 and Related Issues ramsaiin http://forums.immigration.com/showthread.php?t=306088 http://forums.immigration.com/showthread.php?t=306084&goto=newpost Fri, 13 Nov 2009 06:57:52 GMT Hi,

Thank you so much for all the helps that I got from here.

Currently I am on EAD with I485 pending. My Advanced Parole will expire in early December, 2009. I'd like to file I131 to review/apply advanced parole for another year while I am on I485 pending. I have the following questions:

1. My current advanced parole will expire in early December 2009. However, I will probably move sometime in late December, 2009. If I submit my I131 application for travel document after I finish moving, my current advanced parole will expire before I apply again.

Do I have to file I131 before my current AP gets expires in early december? How do I handle the change mailing address issue in my I131 application if I have to file I131 before I move?



2. On form I131, last status enter the country, should I fill - Advanced parole on I485 Pending, or just I485 Pending? My last entry to US in December 2008 via advanced Parole.

3. I was laid off early this year and found another job soon after. But I haven't conacted USCIS to change my contact info to myself from the attorney hired by my previous employer for my I485 pending application.

What do I need to do to inform USCIS to contact myself instead of the lawyer in regards to my green card application? Is there a form for me to fill out?


4. What other documents do I need to submit together with my I131 application besides copies of passport, previous advanced parole approval notice, I485 receipt, I140 approval notice, driver license?

Thank you very much for all the helps!!! ]]> General I-485 and Related Issues pleasehelpout http://forums.immigration.com/showthread.php?t=306084