Hi guys. thank you for this forum and your info. I've been reading it for a couple of days. I'm also current in October. My number is EU9xxx. I dont know if any of you have a similar situation but I'm a little worried: My H1b expired on the 22 of september. I applied for extension on june 18 but it's still pending and uscis is likely to start processing it only in October (it's taking really a long time). So, by the moment I'm filing I-485 I dont have H1b, only pending extension. i'm not even sure if I get it before november, because now they require RFE (that'll take 2 more months). So, my question is if the absence of H1b approval, but only notice receipt can affect my getting the green card.? What if my H1b extension is rejected in October or November? do I lose my GC or filing I485 already guarantees me my legal status here, even if my H1b is denied or i dont get an approval by the interview? Thank you for your responses. By the way i am in MD. Is there anyone from MD?
Hi guys,
I apologize for the redundancy, since this issue has been brought here several times before but I would like to put it in a slightly different way. I am current in Nov and is planning to apply around OCT 15th after the Nov visa bulletin is out. My question is " Has anyone heard of the case in the past where the application has been returned back when the applicant has applied 15 days in advance? And what would you have done if you were me (this question is for those who are current in OCT.)?"
Hi Khayat.
You said Surname? On I-485 there is no Surname just Last, First, Middle name.
On E-Dv application I didn't know difference, I was thinking that Middle name is Surname (((
Hi guys. thank you for this forum and your info. I've been reading it for a couple of days. I'm also current in October. My number is EU9xxx. I dont know if any of you have a similar situation but I'm a little worried: My H1b expired on the 22 of september. I applied for extension on june 18 but it's still pending and uscis is likely to start processing it only in October (it's taking really a long time). So, by the moment I'm filing I-485 I dont have H1b, only pending extension. i'm not even sure if I get it before november, because now they require RFE (that'll take 2 more months). So, my question is if the absence of H1b approval, but only notice receipt can affect my getting the green card.? What if my H1b extension is rejected in October or November? do I lose my GC or filing I485 already guarantees me my legal status here, even if my H1b is denied or i dont get an approval by the interview? Thank you for your responses. By the way i am in MD. Is there anyone from MD?
Hi guys,
Cant wait to submit the AoS package !! ^^
Btw, I read somewhere in this forum that we need to put our initials in every I-485 page? Is that true?
If so, where should we put it?
Good luck for all of us !!
keepkeep
Lisa,
For visits less than 30 days, the CBP officers usually don't entry-stamp the passport/I-94 (unless you specifically ask them to "entry-stamp" your passport, which is what most people do) especially for those coming back from Canada by land (there are tons of stories on trackitt.com and on murthy.com forum about this very issue).
Whether or not you received a new I-94, you did make a new entry into the US at that time.
If I were in your place, I would be truthful and disclose information about the Canada trip even though it does not match the I-94 (since it wasn’t my mistake they didn’t stamp my passport at the CAN/US POE) and attach an addendum explaining the situation, that way I am in the clear. If they entered anything in the system, and find out that you lied while under the oath, the lying itself would be a big no no. And you can’t really say you lied because you didn’t want things to get complicated. That’s what I would do. But of course the decision is yours.
This very thing happens a lot of times to a lot of people. Many don’t even know that the I-94 does not need to be turned in for trips less than 30 days and the passport needs to be entry-stamped upon re-entry, so its not really your fault.
It is highly likely that there isn’t any record of you exiting and entering the US for that trip especially that being a road trip. But, like I said before, if I were you, I would be truthful about it and explain it, this happens a lot of times to a lot of people and USCIS will understand especially if you are honest about it.
THIS IS WHAT I WOULD DO, THE DECISION IS YOURS.
Dear Izzy,
Thank you very much for your advice.
Lisa,
I did a mistake. My passeport was NOT stamped when I entered the US on July 4. It was stamped on July 3 in Niagara falls, Canada. I am gunna go with what Izzy said. I am gunna tell the truth and say I entered in Niagara Falls, USA. I will write an explanation abt it on the extra page: " i don't see in my passeport a stamp that i entered in Niagara falls, USA, but i did. I drove back to nyc on July 4, 2010 from Niagara falls, Canada". I will add a copy of the canadian stamp I have in my passeport.
Please, let me know what you re gunna do with this situation.
Thank you
Hello Winners!!
Regarding the $1010 fee, is it best to pay with a personal check or a banker check?
Hi guys,
I apologize for the redundancy, since this issue has been brought here several times before but I would like to put it in a slightly different way. I am current in Nov and is planning to apply around OCT 15th after the Nov visa bulletin is out. My question is " Has anyone heard of the case in the past where the application has been returned back when the applicant has applied 15 days in advance? And what would you have done if you were me (this question is for those who are current in OCT.)?"
Btw, I read somewhere in this forum that we need to put our initials in every I-485 page? Is that true?
If so, where should we put it?
Its really your choice! With personal checks, you can track then it is cashed out, with money order you really can't (and you have to break it into two separate checks ) but it maybe 1-2 days faster than personal check...
Don't forget to spell it out i.e., write "US Department of Homeland Security" or "US Citizenship and Immigration Services"
Good Luck!
Dear Izzy,
Thank you for your response.
So they do accept personal check from my personal check booklet? it does not have to be a banker check ?
I am just making sure I understand well.
Thank you very much in advance for your response
Frenchie and Lisa,
Here is what I would do:
On the forms, indicate the actual dates and places you last made entry from overseas (i.e., JFK, etc.), and indicate on the form (a sticky or something) about an attached addendum where you can explain the situation of not having a new I-94/passport stamp due to trip to Canada/Bahamas for less than 30 days. That way, when they search your I-94 #, they will be able to see your lawful entry to US from overseas (if they can't find anything about Canada and so, they won't be confused about it). Again, this happens a lot of times since people are traveling in and out of Canada/Mexico/Caribbean for just a couple of days, and I am pretty sure, USCIS knows about it. The only reason I am asking you to add an addendum is because you both have a stamp for an entry into Canada (which the IO may see and inquire about at interview when s/he asks to see your passport and give you a hard time for not disclosing it in your application). And although unlikely, there maybe a record of your trip to Canada/Bahamas.
Hence, the information you give would be consistent on both ends.
Do NOT take my advice as final, seek legal counsel anytime you are unsure (I am not asking you to hire a lawyer for your case!). Or, you can try infopass and see if they are any helpful about it (sometimes you may just get lucky!).
In the meantime, I called up USCIS for you guys and asked about the same issue, the customer service rep was puzzled (duh!) and asked me to talk to my lawyer...I also did some searching for you guys, following are discussions about pretty much the same issue, please read carefully:
http://www.trackitt.com/usa-discussion-forums/i765/127595425/ead-renewal-urgent-please-help
http://immigrationvoice.org/forum/f...ing/20581-question-on-last-port-of-entry.html
http://www.immigration-information....mmigrant-visas/12169-reg-last-port-entry.html
http://forums.immigration.com/showthread.php?165295-Canada-Visit-I485-RFE-Please-Help!! - talks about the addendum
http://forums.immigration.com/showthread.php?145094-Please-Help-Me-With-My-RFE-%28Part-2%29&pp=15&highlight=canada - talks about the addendum
PS: I also e-mailed my previous immigration lawyer "friend" who took care of our (prior) case, he also said that the last real POE should be mentioned (i.e., Canada/Mexico) and attach an affidavit to explain lack of new I-94/passport stamp (at least that is what he said they do in such cases...). Again, if you feel like you need legal advice, please go for it!
Hope this helps!