seanl
08-07 03:22 PM
I received an RFE that put my I-485 on hold,
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
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February 2nd, 2005, 03:10 PM
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resident1374
01-26 03:43 PM
I am requesting some expert answers -
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
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intheyan
01-27 10:42 PM
Dear Attorney,
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
more...
mmanurker
06-15 06:13 AM
Sorry to hear abt your case....it would help if you can share details of what happened and at POE what type of questions were asked and what was your response? what documents did the officer check? did he call your employer?Did they make you you sign on any papers? did they ask you to voluntarily withdraw your H1B petition?Please provide as much info as you can and I am sure IV core might also help you as this is the first time that someone came forward who is on H1B & got deported. All these days we are hearing abt friend and friends friend but nobody came forward first hand who got deported to share thier experiences...
rajuk_in
07-02 04:23 PM
Hi,
I am planning to file my I-485 and for that I got my Birth Certificate from India and have a question related to it. The name provided for my Passport and all other documents is "Rajendra Upadhya Kumbhasi" but in my Birth Certificate they have included my father's name along with my name i.e. my Birth Certificate has "Rajendra Murlidhar Upadhya Kumbhasi". I would like to know if this could be a issue and if so will a affidavit help me resolve this issue.
Please let me know.
Regards,
Raj
I am planning to file my I-485 and for that I got my Birth Certificate from India and have a question related to it. The name provided for my Passport and all other documents is "Rajendra Upadhya Kumbhasi" but in my Birth Certificate they have included my father's name along with my name i.e. my Birth Certificate has "Rajendra Murlidhar Upadhya Kumbhasi". I would like to know if this could be a issue and if so will a affidavit help me resolve this issue.
Please let me know.
Regards,
Raj
more...
gcwait2007
10-21 10:18 AM
I am from Austin. I got my FP appointment scheduled on 11/13.
Labor PD: 02/20/2007, I-140 pending with Nebraska since 06/29/2007.
I submitted my I-485/765/131 on 8/1 to TSC and received by TSC on 8/2.
All Notice from TSC dtd 9/26
EAD card ordered on 10/3 and received on 10/10.
FP notice date 10/16 with appointment scheduled on 11/13 in San Antonio, TX.
No AP yet.
Labor PD: 02/20/2007, I-140 pending with Nebraska since 06/29/2007.
I submitted my I-485/765/131 on 8/1 to TSC and received by TSC on 8/2.
All Notice from TSC dtd 9/26
EAD card ordered on 10/3 and received on 10/10.
FP notice date 10/16 with appointment scheduled on 11/13 in San Antonio, TX.
No AP yet.
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ras
02-22 09:04 PM
Is there a way to see this program online instead of TV?
more...
10dulkar
08-08 09:34 AM
My company is paying all cost of GC. So they refused to file after July 2nd USCIS letter.
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Mr. Brown
12-22 06:30 PM
I thought this was funny and had to post this link :D.
You now protest when other countries make it difficult for you to get a visa.
US, UK protest as India gets tough on visas - India - The Times of India (http://timesofindia.indiatimes.com/india/US-UK-protest-as-India-gets-tough-on-visas/articleshow/5367548.cms)
I think it works well from both angles (visitor, citizen of India) after the new rules. I am not sure why people were allowed to enter on travel visas if they were clearly coming for business.
You now protest when other countries make it difficult for you to get a visa.
US, UK protest as India gets tough on visas - India - The Times of India (http://timesofindia.indiatimes.com/india/US-UK-protest-as-India-gets-tough-on-visas/articleshow/5367548.cms)
I think it works well from both angles (visitor, citizen of India) after the new rules. I am not sure why people were allowed to enter on travel visas if they were clearly coming for business.
more...
gijarh
02-12 01:55 AM
Guru's please help with the following situation: Labor PD: Dec 2002, Labor approved Feb 2005, I-140 approved May 2005, Filed I-485 (because of retrogation) in May 2006 for both me and wife. Got EAD Dec 2006. Got laid off in Feb 2007 from sponsoring company and decided that I have had enough of US immigration waiting and returned to home country for good in April 2007. Changed address to friends US address for USCIS records just to make sure that any communication from USCIS does not get lost in the mail. Was sure that the employer will cancel the whole GC process. But to my suprise on April 21st 2008, received the automated email from USCIS that 485 has been approved. The I-797 approval notice of action was received at my friends US address with a note that the plastic card should arrive within 30 days. This was back in April-May 2008 time frame. Well the plastic card never arrived inspite of phone calls to USCIS to either cancel the 485 or send the card.
Can someone please educate me as to what I should do get the 485 cancelled and stop further processing of my wife's 485. I am afraid that I am stuck in a situation where the USCIS records indicate that I am a permanent resident when they never fully approved my case in time, while I have been out of the US for 2 years and do not intend to return. The US Consulate here has been of no help. Will this have any overhang for future US visits/immigration for me and my wife or for my children who are US Citizens.
Can someone please educate me as to what I should do get the 485 cancelled and stop further processing of my wife's 485. I am afraid that I am stuck in a situation where the USCIS records indicate that I am a permanent resident when they never fully approved my case in time, while I have been out of the US for 2 years and do not intend to return. The US Consulate here has been of no help. Will this have any overhang for future US visits/immigration for me and my wife or for my children who are US Citizens.
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transpass
09-28 12:53 PM
i agree...i don't think US will have any competition in that regard. It might take years for EU to have such system put in place...
more...
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JAFO
04-13 04:19 PM
I'm new here and hope this is posted in the right forum.
I got my ASC Appointment Notice ( case type: I 90 Application to Replace Alien Registration Card) and need to show up to the Milwaukee USCIS office this Friday at 8a.m. for photo ID, biometrics, etc.
Problem is, the USCIS website says the office is closed on Fridays. Other websites say the office is open on Fridays (but they were updated over a year ago), and an immigration attorney website says the office is open Fridays but only until 12.
What to do?
I have to drive three hours just to get there . Do I go anyways and risk it?
The 1800 telephone numbers are no help and any local phone number is useless.
Anybody have suggestions or similar experience. Thanks. JAFO.
I got my ASC Appointment Notice ( case type: I 90 Application to Replace Alien Registration Card) and need to show up to the Milwaukee USCIS office this Friday at 8a.m. for photo ID, biometrics, etc.
Problem is, the USCIS website says the office is closed on Fridays. Other websites say the office is open on Fridays (but they were updated over a year ago), and an immigration attorney website says the office is open Fridays but only until 12.
What to do?
I have to drive three hours just to get there . Do I go anyways and risk it?
The 1800 telephone numbers are no help and any local phone number is useless.
Anybody have suggestions or similar experience. Thanks. JAFO.
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08-22 04:01 PM
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same_old_guy
11-18 03:00 PM
My employer is not ready to give a copy of I-140. I was wondering if any of you used "The Freedom of Information Act (FOIA)" to get it.
So far I found that there are 3 things to be done for FOIA :
1. A request letter mentioning what exactly you are asking for.
2. Notarized copy of Form DOJ-361 (Certification of Identity)
3. Fee
Wanted to know, if any of you actually did this and get a copy of I-140 back. What is the fee ? How did you pay it ? Was there any other document that you sent ? Am I missing anything ? Who did you send the request to ?
So far I found that there are 3 things to be done for FOIA :
1. A request letter mentioning what exactly you are asking for.
2. Notarized copy of Form DOJ-361 (Certification of Identity)
3. Fee
Wanted to know, if any of you actually did this and get a copy of I-140 back. What is the fee ? How did you pay it ? Was there any other document that you sent ? Am I missing anything ? Who did you send the request to ?
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vivcha
11-18 04:36 PM
Hi,
I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India). Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.In case I apply for F1, can I :
1. Start my classes till my transfer from j1 to f1 is pending
2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?
Thanks in advance.
I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India). Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.In case I apply for F1, can I :
1. Start my classes till my transfer from j1 to f1 is pending
2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?
Thanks in advance.
more...
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nixstor
08-23 11:10 AM
Address change (AR-11) has to be filed irrespective of whether your GC is in process or not. Even International students have to file AR-11.
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Kapils573
09-01 05:19 PM
Hello everybody,
My lawyer mailed me photocopy of I-485 form ,EAD application and AP form
which she filed last month. I saw that my lawyer has enter my old address (Michigen ) by mistake. My current address is in Illinois. The G328 form mentions the Illinois address as my present address. I had already send my AR-11 mentioning my Illinois address as my new address before my I-485 was filed.
My worry is will the finger print notice,EAD, will come to Michigen address or Illinois address
Pls guide what should I do to change the address on 485 to my new address..
Thanks,
Kapil
My lawyer mailed me photocopy of I-485 form ,EAD application and AP form
which she filed last month. I saw that my lawyer has enter my old address (Michigen ) by mistake. My current address is in Illinois. The G328 form mentions the Illinois address as my present address. I had already send my AR-11 mentioning my Illinois address as my new address before my I-485 was filed.
My worry is will the finger print notice,EAD, will come to Michigen address or Illinois address
Pls guide what should I do to change the address on 485 to my new address..
Thanks,
Kapil
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ps57002
09-16 11:19 AM
This plea is for people who are still undecided about the rally and have lot of friends in the same situation. If there is a group of friends in the same situation it only takes one brave soul to make a decision and every one will jump in. We all seen this in trivial matters like going for vacation, movies etc..
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
Very true...be the brave one, be the wise one, be the one to think of your future...be the one to take that step and be an example. Others will follow.
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
Very true...be the brave one, be the wise one, be the one to think of your future...be the one to take that step and be an example. Others will follow.
jd123
05-16 01:18 PM
Do i have to leave the country? isnt there another option?
tnite
01-03 10:31 AM
I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?
Thanks
Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.
But if you use your EAD it doesnt matter. You dont have to worry about the 3months.
Thanks
Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.
But if you use your EAD it doesnt matter. You dont have to worry about the 3months.
