I_need_GC
10-24 11:33 AM
Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
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prasadn
02-05 11:54 AM
Gurus,
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.
What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.
What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.
dixie
06-20 01:56 PM
:(
I wish people here are more sympathetic to those who are ignorant about
the gravity of the current situation.
supers789,
this is the painful truth. Don't think about this too much....we are all coping with this. CIR seems to be dead...Will we get some other legislation to help us out? don't know, may happen...
Unfortunately, a good many people who havent joined IV yet are also blissfully ignorant of the gravity of the situation. They think its a temporary traffic jam, while in reality our path to a GC has been blocked by a landslide.The backlogs will keep on growing till the authorities (lawmakers in our case) clear the road .. or the affected traffic takes an alternative route.
I wish people here are more sympathetic to those who are ignorant about
the gravity of the current situation.
supers789,
this is the painful truth. Don't think about this too much....we are all coping with this. CIR seems to be dead...Will we get some other legislation to help us out? don't know, may happen...
Unfortunately, a good many people who havent joined IV yet are also blissfully ignorant of the gravity of the situation. They think its a temporary traffic jam, while in reality our path to a GC has been blocked by a landslide.The backlogs will keep on growing till the authorities (lawmakers in our case) clear the road .. or the affected traffic takes an alternative route.
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sandyn16
11-01 12:30 AM
I faced the same situation last year when my I94 expired because my passport expired in April 2007. I got my passport renewed but missed the I94 expiry date.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
more...
milind70
06-21 01:48 PM
My friends recently went to the consulte in Nogales to get their H1B stamped and they told me that we can enter Nogales with out any visa ... You might want to explore that or find any other places that are closer to where u live and do not need a visa to get a new I94 ...
I am in the same boat as u and i donot even have my new passport with me yet ...
GoodLuck ... Hope things work out for you ... do post your experiences when u are done with all this ...
Nogales is in Mexico,i think u require a mexican visa to enter Nogales.
I am in the same boat as u and i donot even have my new passport with me yet ...
GoodLuck ... Hope things work out for you ... do post your experiences when u are done with all this ...
Nogales is in Mexico,i think u require a mexican visa to enter Nogales.
gemini23
07-31 04:44 PM
dont worry thats normal. when i was in florida, i always got a temp licence valid for 4 weeks. and then the actual renewed licence arrived within 3 weeks in mail .
:)
:)
more...
Googler
02-15 12:06 AM
Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
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mohitb272
03-19 03:05 PM
There are several instances when a denial notice was sent, but the website continued to show the status as pending.
So if a denial letter has been received, then the website status means nothing.
Who would get the denial notice? The company or the attorney?
My friend tells me that his company no longer hires that attorney so would it mean that my friend would never actually receive the denial letter.
So if a denial letter has been received, then the website status means nothing.
Who would get the denial notice? The company or the attorney?
My friend tells me that his company no longer hires that attorney so would it mean that my friend would never actually receive the denial letter.
more...
jlt007us
09-14 02:42 PM
jlt007us,
Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.
Soni-
Thankyou! That's what I intend to do. We need to wait till we get the denial notice and then plan on MTR/Apeal. I am planning to consult more than one lawyer just to be safe. I just wanted to see if any of the forum members came across similar case.
Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.
Soni-
Thankyou! That's what I intend to do. We need to wait till we get the denial notice and then plan on MTR/Apeal. I am planning to consult more than one lawyer just to be safe. I just wanted to see if any of the forum members came across similar case.
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nave_kum
09-12 04:33 PM
Just like *ranga*, *billa* also has a story.
billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.
Lets help to keep Billa and Ranga in the US. Lets all go to the rally
This is getting hilarious! Billa, Ranga...Whoz next? Rowdy Ranganna?:D
billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.
Lets help to keep Billa and Ranga in the US. Lets all go to the rally
This is getting hilarious! Billa, Ranga...Whoz next? Rowdy Ranganna?:D
more...
EZEkiel
10-14 08:08 PM
i voted for Phat7
1. because i like the lemon
and
2. i like the chick ! (hey i am male what else am i supposed to look at) :beam:
well done all
peace
E1kO
1. because i like the lemon
and
2. i like the chick ! (hey i am male what else am i supposed to look at) :beam:
well done all
peace
E1kO
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kaisersose
07-17 10:44 PM
Today is a great day in IV history!
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
Same as my case. This is not a problem. You can either send in her vaccine reports when she gets them or else USCIS will issue an RFE and you can send the reports as part of the response.
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
Same as my case. This is not a problem. You can either send in her vaccine reports when she gets them or else USCIS will issue an RFE and you can send the reports as part of the response.
more...
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cool_desi_gc
11-18 04:45 PM
Hey,
180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ? It is not 180 days from the EAD reciept.Correct me ?
180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ? It is not 180 days from the EAD reciept.Correct me ?
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Immigstories
01-21 06:56 PM
Gurus
Please share your thoughts on my question above.....
Please share your thoughts on my question above.....
more...
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calgirl
05-25 07:50 PM
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
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EndlessWait
12-06 11:36 AM
bump
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talash
10-16 08:28 PM
As for as i know they are very strict about MTR timings but if u can prove that u didnt get notice on time it may work .MTR is 580 bucks so it wouldnt hurt if u give a shot .I think if u file new labour u may loose ur old PD but im not sure about that .My 140 was denaied on A2p basis .didnt get denail notice till i mad 4 calls and asked attorney to write then but was abl to file MTR on 28th day which was sucessfull .
good luck
good luck
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sidd_k2002
02-11 01:45 PM
Kederex,
Were you working on H1 when you sponsored your parents for graduation? Because i am working on my OPT and that fears me most when i think of sponsoring my parents, since OPT is nothing but simply a part of F1 visa
Were you working on H1 when you sponsored your parents for graduation? Because i am working on my OPT and that fears me most when i think of sponsoring my parents, since OPT is nothing but simply a part of F1 visa
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GCTorture
12-10 08:13 AM
So 22nd Jan 02 to 01 Feb 02. What the hell this means? After how much of time it moved 10 days? Is all the technology they boast about, just a hypocrisy?
tor78
08-20 03:22 PM
Just curious, how did they find out?
extra_mint
10-12 08:47 PM
Question is why make it mandatory ??
There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!
I think it is safe to assume that answer is NO
We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.
By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)
http://www.ennislaw.com/gardasil.html
I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.
lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.
There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!
I think it is safe to assume that answer is NO
We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.
By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)
http://www.ennislaw.com/gardasil.html
I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.
lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.
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