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DV 2011 AOS Only

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 Antin,

I suggest you to consult a qualified lawyer. I am not sure just applying for H1b extension will have in status or not, you can do your research on that part. But since you will have only about 8 days between the expiration of your current H1b and applying for AOS, I don't think it is that big of a problem though as you have already applied for the extension of H1b. I am from Maryland too and my field office is Baltimore. I am current in Nov. Good luck to you and all of us.

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.)?"
 
I would apply on Oct 1, 'cos Advanced Notification for November is already out. But it is up to you.

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.)?"
 
Sundaram, thank you for your reply. I would recommend you not to risk and not to send it in November. You want to save time but you could lose it because your application is more likely to be rejected and sent back. There is a reason why they give CN in a specific month. Can you imagine what happens if everybody start sending papers in October! They need time to process October applications first. My lawyer told me that there is a policy to send the doc-nts in advance but local offices can give trouble to people. He offered me to do the same due to my H1B expiration but he didnt recommend it.
 
Surname means the Lastname of a person.

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 (((
 
Tahoe

read the tips for assembling in USCIS website;

In preparing your packet, please take note of the following:

*
Do not use binders or folders that cannot be easily disassembled.
*
Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.
*
The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing.
*
Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.

also regarding your first Q, I think as long as the sum adds up to 1,010, that would be fine.
 
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?

antin,

as long as you're on pending (you've applied for extension and have not got the result) that would be fine (even if it is rejected). I mean in this gray period your status is legal. this is a general rule for all visa applications. but to be sure you can ask a lawyer also.
 
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
 
I believe it is not true and it is not mentioned anywhere in the instruction or whatsoever. Goodluck guys, we will follow your progress through this forum.
Keep us updated. Cheers!

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
 
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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
 
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!
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
 
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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!

Hello Winners!!

Regarding the $1010 fee, is it best to pay with a personal check or a banker check?
 
sundaram,

I am aware of one case over the top of my head that was current on November and sent AoS application on October 10th (the day November VB came out I think). You could do the same, that way the November VB would be out "officially" and USCIS can't really "reject" your application for early filing. That person did just fine...its just matter a of 10 days...really upto you!

Good Luck!

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.)?"
 
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Keepkeep,

No, its not true. But you may write your full name and DV case number on each of your forms and evidence in pencil (just a personal preference, not mandatory).

Good Luck!

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
 
Guys/gals,

I've lost the count, what is it...4 days to Oct 1!!! (and it had to be a Friday!)...My best wishes and good luck to all who are ready to send in their papers!!!

The rest, same thing in advance! :D :D :D

Stop stressing now and start praying!
 
Frenchie,

Yeah, you can use personal check, refer to page 8 i-485 instructions under "Notice to those making payment by check".

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!

Dear Izzy!!!!

Thank you SO MUCH for those very helpful links and advices. Thank you!

Lisa,
As those different threads state (see the links), i am gunna have affidavit from my friend that I stayed with them until 3pm on July 4, 2010 and I am gunna have my employer states that I was at my office working on July 5, 2010.

I got an info pass for this coming Tuesday, i will defnitely ask for the IO opinion and i will let you know
please, could you keep me update about what your intention is regarding this situation?

Thank you
 
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