Lasantha
03-18 04:10 PM
Welcome to IV. Wish I could help you but I don't have a clue about marriage based GC applications. Infact majority of the people here are on the Employment Based GC path but I hope someone can show you the path.
In the meantime also try these forums.
http://britishexpats.com/forum/forumdisplay.php?f=34
http://groups.google.com/group/misc.immigration.usa/topics
They have a more diverse (Both EB and other GC applicants) mix of people in those forums. Hope that helps.
Best of luck and congratulations !!!:cool:
I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!
We both will be in the US during this process.
Me > :confused:
My Wife > :(
Here is our current situation:
1. I've been back and forth to Thailand for better part of three years for tsunami relief.
2. Met my wife doing relief work.
3. She applied for visitor visa at US Embassy in Bangkok March 2007.
4. Came first time to US May 2007
5. Married in California in July 2007 (had not intended to, but we fell in love!)
6. Returned to Thailand Sept 2007
7. Returned to US (together) Dec 2007 and are here now (March 2008)
8. Have filled out forms:
I-130 Petition for Alien Relative
I-485 Permanent Res/Adjust Status
I-325A Bio for each of us
I-134 Affidavit of Support
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?
Please get me going on this and then I can stop pulling my hair out.
I discoverd this forum today and am so happy I've found it! :D
In the meantime also try these forums.
http://britishexpats.com/forum/forumdisplay.php?f=34
http://groups.google.com/group/misc.immigration.usa/topics
They have a more diverse (Both EB and other GC applicants) mix of people in those forums. Hope that helps.
Best of luck and congratulations !!!:cool:
I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!
We both will be in the US during this process.
Me > :confused:
My Wife > :(
Here is our current situation:
1. I've been back and forth to Thailand for better part of three years for tsunami relief.
2. Met my wife doing relief work.
3. She applied for visitor visa at US Embassy in Bangkok March 2007.
4. Came first time to US May 2007
5. Married in California in July 2007 (had not intended to, but we fell in love!)
6. Returned to Thailand Sept 2007
7. Returned to US (together) Dec 2007 and are here now (March 2008)
8. Have filled out forms:
I-130 Petition for Alien Relative
I-485 Permanent Res/Adjust Status
I-325A Bio for each of us
I-134 Affidavit of Support
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?
Please get me going on this and then I can stop pulling my hair out.
I discoverd this forum today and am so happy I've found it! :D
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freeskier89
02-09 03:09 PM
^^^ :eyeup:. Did you really actively go out and seek votes?
a_yaja
04-05 12:09 PM
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.
Are you sure AC21 is valid for Consular Processing? AFAIK, AC21 applies only to AOS applications. See Murthy's note on CP vs AOS @ http://www.murthy.com/news/UDaosvcp.html
Also, if you move outside of the country permanently, why would one want to pursue GC option? GC is only for people who want to stay in the US permanently. After getting the GC, there are other conditions you need to meet to maintain your GC status - one of them is to have the US as your country of residence.
You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.
Are you sure AC21 is valid for Consular Processing? AFAIK, AC21 applies only to AOS applications. See Murthy's note on CP vs AOS @ http://www.murthy.com/news/UDaosvcp.html
Also, if you move outside of the country permanently, why would one want to pursue GC option? GC is only for people who want to stay in the US permanently. After getting the GC, there are other conditions you need to meet to maintain your GC status - one of them is to have the US as your country of residence.
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ascetic
04-30 11:49 AM
Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
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ak_manu
10-20 12:29 PM
Thanks!
Appreciate your response.
Appreciate your response.
shortchanged
08-28 12:34 PM
Thank you !This whole thing has cost me a lot.I had to cancel the airtickets,the travel agent charged 300.00/ticket. $1500.00.I am sitting at home for 3 weeks as the vacation is not cancelled,as I can't carry it over to next year,per employer's policy.I wished I could finally go home first time,after 6 years in the US,now that is not happening anytime soon.
I suffered lot of anguish on september 30,2005 when I filed with a PERM certified labor that morning, my attorney took his sweet time to give it to FedEx, it indeed reach VSC at 7PM, so they rejected my application, as the next working day oct 3,2005, my country's PD jumped 6 years back to 11/1999 from current!I see a few cases of 485 approvals for persons who sent their forms on the same day 30/2005!
So even though I feel a lot weight off my chest as you do, it still rankles, as I was always on top of these things and even offered the attorney to be there on September 30,2005, and was willing to fly to Vermont even at the last moment, but he could not keep those packages ready to hand it to FedeEx. He did not faul to collect the fee for his NON-service anyway.
This forum is like a balm to a lot of people:)
I suffered lot of anguish on september 30,2005 when I filed with a PERM certified labor that morning, my attorney took his sweet time to give it to FedEx, it indeed reach VSC at 7PM, so they rejected my application, as the next working day oct 3,2005, my country's PD jumped 6 years back to 11/1999 from current!I see a few cases of 485 approvals for persons who sent their forms on the same day 30/2005!
So even though I feel a lot weight off my chest as you do, it still rankles, as I was always on top of these things and even offered the attorney to be there on September 30,2005, and was willing to fly to Vermont even at the last moment, but he could not keep those packages ready to hand it to FedeEx. He did not faul to collect the fee for his NON-service anyway.
This forum is like a balm to a lot of people:)
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belmontboy
08-14 08:41 PM
Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
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masterji
04-02 04:44 PM
Are you sure that it needs to be done on stamp paper? I just notarized them from India on plain paper.
I got exact query.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
I got exact query.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
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Ramba
01-03 03:57 PM
USCIS process 485 based only on received date of 485. They dont consider PD, country of chargability, immigration class EB1 or EB2 etc, when processing/reviewing your file..
After processing, when it comes to take decision (to approve) they will check for visa number availabilty based on PD, country, class etc. If visa number is available on the day of their reviewing your file, they approve it. If not, they pre-approve the application and close the file. Your name will be in the pre-approved data base with PD, country, class etc... They priodically check this data base with visa number availability (DOS visa bulliton) and issue the GC whoever eligible based on visa bulliton. This is what happened when uscis approved about 40-60K 485s in July first week.
After processing, when it comes to take decision (to approve) they will check for visa number availabilty based on PD, country, class etc. If visa number is available on the day of their reviewing your file, they approve it. If not, they pre-approve the application and close the file. Your name will be in the pre-approved data base with PD, country, class etc... They priodically check this data base with visa number availability (DOS visa bulliton) and issue the GC whoever eligible based on visa bulliton. This is what happened when uscis approved about 40-60K 485s in July first week.
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India76
09-17 01:53 PM
On different note, I just realized that I have one red dot against my name... :-) I never posted anything to offend anybody.. How can see who gave me a red dot and for what reason?
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TomPlate
07-17 10:35 PM
You should not have a problem. But you will get an RFE and then you need to complete. But good if you can get medical examination completed, because almost everyone would have put that shot in India. Convey your doctor to say yes and complete it.
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GreenCard4US
08-21 12:25 PM
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
__________________
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
__________________
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Hewa
09-22 06:55 AM
My case was also transferred to CSC. The transfer notice has a different receipt date than the receipt notice. MY case is now transferred back to NSC.
I would like to know if anybody of you have received finger print notice. I have not received it yet.
No FP, or any other communication whatsoever. Just the transfer notice.
I would like to know if anybody of you have received finger print notice. I have not received it yet.
No FP, or any other communication whatsoever. Just the transfer notice.
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gchetna
09-10 11:44 AM
Thanks for your response. I am hoping that I will be able to tell them to give me time to get my H1B transfered. They have always been very understanding so far, but you never know...Thanks guys
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sathishkrish
08-13 10:33 PM
Does filing of dependent's I-485 anything to do with LUD on approved I-140/I-131 of Primary applicant? Anybody having similar experience?
Thanks
I got an LUD too for 8/12 but not on my underlying 140 petition but on a differant I140 petition. I have two I140's - I applied 485 thru my current employer on 8/3 at TSC.
Thanks
I got an LUD too for 8/12 but not on my underlying 140 petition but on a differant I140 petition. I have two I140's - I applied 485 thru my current employer on 8/3 at TSC.
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jayleno
08-28 11:48 AM
Be doubly sure that this is a standard response for SR or otherwise from USCIS. Customer service says the same. Sometimes infopass too.
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MDix
07-30 08:57 AM
Your lawyer (and most of them including some famous on wwww) are DHAKKAN. They have no clue what's going on with VB. They just know how to fill some some form , that also they screw lot of time.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
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delhirocks
06-29 12:55 PM
My documents will reach attorney on Monday and he promised to file before July4.
Good lawyer...mine is taking 6-7 business days after submission atleast. Though, I did not fill any forms, I filled a questionairre and she will use that to fill the forms, that might delay things a little.
Good lawyer...mine is taking 6-7 business days after submission atleast. Though, I did not fill any forms, I filled a questionairre and she will use that to fill the forms, that might delay things a little.
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Refugee_New
01-03 03:35 PM
hi i have a question here:
suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
so whose application processed first? is x's or Y's for final GC process.
thanks for your answers.
As per USCIS trend, Z's application would be processed first and finally A and B will get the GC.
suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
so whose application processed first? is x's or Y's for final GC process.
thanks for your answers.
As per USCIS trend, Z's application would be processed first and finally A and B will get the GC.
sendmailtojk
02-29 05:23 PM
Ok so herez the update. I went to the INS office and gave them all the details. and since I was supposed to travel out of the country in 3rd and 4th week of March, I requested the lady that if possible can you ask them to give me a date either before March 14th or after March 30th. She made a note of this and said that I should be expecting the FP notice soon.
So I get the FP Notice yesterday with an appointment date of 20th March. Great ... now I cant even go for the appointment. I guess will have to reschedule it.
I've read that its ok to reschedule the appointment just once but not more than once. Any advice on this would be really helpful.
thanks again Leoindiano for your advice !!
-----------------------
You can reschedule it as many times as you need. There is no limit. However, going by my experience, rescheduling third time will have the USCIS put your request at the bottom of the pile and it takes for ever to get the 3rd appointment letter.
Like in my case, go to a not-so-busy ASC (preferably in the non-urban area) and they will do your FP without a need to reschedule.
Thanks
JK
So I get the FP Notice yesterday with an appointment date of 20th March. Great ... now I cant even go for the appointment. I guess will have to reschedule it.
I've read that its ok to reschedule the appointment just once but not more than once. Any advice on this would be really helpful.
thanks again Leoindiano for your advice !!
-----------------------
You can reschedule it as many times as you need. There is no limit. However, going by my experience, rescheduling third time will have the USCIS put your request at the bottom of the pile and it takes for ever to get the 3rd appointment letter.
Like in my case, go to a not-so-busy ASC (preferably in the non-urban area) and they will do your FP without a need to reschedule.
Thanks
JK
sachug22
07-21 05:12 PM
As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?
The gold coversheet is sent to lawyer, you only get a copy of the RFE letter. You can still respond to RFE without this letter just make sure you provide all the details (Receipt number, Alien number, RFE refernce, copy of RFE) when responding to this RFE.
The gold coversheet is sent to lawyer, you only get a copy of the RFE letter. You can still respond to RFE without this letter just make sure you provide all the details (Receipt number, Alien number, RFE refernce, copy of RFE) when responding to this RFE.
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