blake
03-06 11:29 PM
Hi everyone!
On May 29, 2009, I filed a Form I-485 to get my wife's (from Japan) green-card. On August 11, 2009 it was denied because I had "failed to submit all tax documentation". On August 25, 2009 I filed a Form I-290B which is a motion to reopen and reconsider my case. I included all the additional tax information which they asked for so that I my I-485 would be complete. Finally, today March 6, 2010 I received a notice in the mail saying that my I-290B Form was denied simply because accidentally signed one area of the form where my wife should have signed. What am I supposed to do from here? I had a lot of people recommend that I contact my Commissioner... does he have any power to help me with that? Any help would be appreciated!!
On May 29, 2009, I filed a Form I-485 to get my wife's (from Japan) green-card. On August 11, 2009 it was denied because I had "failed to submit all tax documentation". On August 25, 2009 I filed a Form I-290B which is a motion to reopen and reconsider my case. I included all the additional tax information which they asked for so that I my I-485 would be complete. Finally, today March 6, 2010 I received a notice in the mail saying that my I-290B Form was denied simply because accidentally signed one area of the form where my wife should have signed. What am I supposed to do from here? I had a lot of people recommend that I contact my Commissioner... does he have any power to help me with that? Any help would be appreciated!!
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mrajatish
08-08 12:33 PM
On a different note, how many labor applications does each one of the applicants in BEC have? Among the 250,000 applications still pending in BEC, how many are applications that still have a legitimate benefactor? For example, in your case, it is pretty evident that you are likely going to use the other company's labor, but what happens to the labor you filed from your current company? If this labor is used for sub, then thee is another legitimate applicant who is being denied the opportunity to file 485 by some one who will use this date.
I think this issue is equally important in solving retrogression.
I think this issue is equally important in solving retrogression.
vinzak
03-31 11:47 AM
I applied by mail to the DC embassy. I sent photocopies of everything and no problem.
The only thing to note though is that the DC embassy took a whole month to process my visa. I was going to Canada in September, applied in early july and received it somewhere in August. In the meanwhile when enquired about the status through email, they said they will delay it more now because I enquired. :) (and we think Indian govt. offices have bad attitude)
So I'd advise you to accomodate for the long time to get the Visa, if applying by mail.
The only thing to note though is that the DC embassy took a whole month to process my visa. I was going to Canada in September, applied in early july and received it somewhere in August. In the meanwhile when enquired about the status through email, they said they will delay it more now because I enquired. :) (and we think Indian govt. offices have bad attitude)
So I'd advise you to accomodate for the long time to get the Visa, if applying by mail.
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Blog Feeds
06-26 03:40 PM
If you hold a green card and know in advance that you must be outside the United States for more than one year, it's worth applying to USCIS for a reentry permit (http://www.h1b.biz/lawyer-attorney-46E25CCD-3076-4CAE-B8909FA9BFF73FEA.html). This lets you to stay away for up to two years.
You should send in your application before leaving. Your reentry permit will serve as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed. I assume this is due to fact that many Green Card holders living abroad were trying to apply for the permit from overseas. In order to stp the practice, USCIS is trying to impose the strict biometrics schedule to make sure applicants apply form inside the US.
Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe.
Here is a good tip to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.
More... (http://www.visalawyerblog.com/2009/06/how_to_keep_you_green_card_cha.html)
You should send in your application before leaving. Your reentry permit will serve as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed. I assume this is due to fact that many Green Card holders living abroad were trying to apply for the permit from overseas. In order to stp the practice, USCIS is trying to impose the strict biometrics schedule to make sure applicants apply form inside the US.
Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe.
Here is a good tip to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.
More... (http://www.visalawyerblog.com/2009/06/how_to_keep_you_green_card_cha.html)
more...
987Image
July 4th, 2006, 01:18 PM
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payur
10-16 01:39 PM
Arkbird,
You cant get into the armed forces without a GC
Don't you have to be citizen??
You cant get into the armed forces without a GC
Don't you have to be citizen??
more...
IneedAllGreen
06-22 09:35 PM
Can someone post sample employment letter for filling I-485. I will need this letter to forward it to my employer.
Appreciate your help.
Thanks
INeedAllGreen
Appreciate your help.
Thanks
INeedAllGreen
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akashya
08-14 03:18 PM
Hi All,
I am thinking of doing PERM filing on my own under EB2 category.I need suggestions from optimistic members about this possibility.Also,please if you can provide links(website) which can help me through this stupid & cumbersome process.
PEACE
I am thinking of doing PERM filing on my own under EB2 category.I need suggestions from optimistic members about this possibility.Also,please if you can provide links(website) which can help me through this stupid & cumbersome process.
PEACE
more...
BharatPremi
07-23 11:32 PM
If they reject the application if a signature or something is missing. Can we refile again? Or do we wait for PD to become current again.
In my oinion,
1) you can file again before August 17th if you got a rejection notification well before that.
2) If you may not be able to send proper application till August 17th then yes you will have to wait till PD becomes current again
In my oinion,
1) you can file again before August 17th if you got a rejection notification well before that.
2) If you may not be able to send proper application till August 17th then yes you will have to wait till PD becomes current again
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kirupa
05-02 05:05 PM
HAHA - very clever :)
more...
Madan Ahluwalia
02-23 03:05 PM
H1b extension can be filed only 6 months before so it will be April 10.
Going to consulate 3 months before the visa date - you will not be entertained.
My suggestion is file for H1b after coming back from India.
Going to consulate 3 months before the visa date - you will not be entertained.
My suggestion is file for H1b after coming back from India.
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munnu77
04-29 08:50 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
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sku123
12-01 12:20 PM
I have a troublesome situation for which I need some help and potentially some legal inputs:
I am a green card holder with a priority date of april 2006.
I am planning to get married to an Indian citizen with no visa to USA (in fact, I tried to marry her before my green card got approved, but the way things turned out, I couldnt).
I now see that the priority for FB 2A is Aug/2010. If I were to marry her in Dec, can I file for her FB green card right away? How long would it take for her to the approval?
She is also working with her indian employer (software firm) to file for her H1B and/or B1. But, it is taking a long time.
Would a visitor visa or any other mechanism be possible? Could you please help me understand and fix my situation.
Can i go to India for a longer duration? How long can I move back to India without hurting my green card?
Regards,
Srinivas
I am a green card holder with a priority date of april 2006.
I am planning to get married to an Indian citizen with no visa to USA (in fact, I tried to marry her before my green card got approved, but the way things turned out, I couldnt).
I now see that the priority for FB 2A is Aug/2010. If I were to marry her in Dec, can I file for her FB green card right away? How long would it take for her to the approval?
She is also working with her indian employer (software firm) to file for her H1B and/or B1. But, it is taking a long time.
Would a visitor visa or any other mechanism be possible? Could you please help me understand and fix my situation.
Can i go to India for a longer duration? How long can I move back to India without hurting my green card?
Regards,
Srinivas
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Blog Feeds
01-21 09:50 AM
Via The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
more...
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bugmenot
11-17 01:39 PM
I dont think there is one (at least legally). However, even if revoked, you may apply for new H1 (without quota bar, if you are within 6 years). The IO may or may not give you a new I94, so you may have to exit the country to get a new visa/I94.
uh? no time period to transfer h1b?? does anyone have a clarification on this point?
i heard it was between 10 days to 2 weeks???
anyone??
uh? no time period to transfer h1b?? does anyone have a clarification on this point?
i heard it was between 10 days to 2 weeks???
anyone??
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saimrathi
07-18 09:52 AM
lets fight to recapture Visa numbers from the previous years.. As this article rightly points us, the road ahead:
Not the End of the Road
Still unresolved is the issue of green cards that have gone unused in the past decade or more. USCIS estimates that 10,000 green cards of the 140,000 allotted for employment-based applicants were not issued last year. Immigration Voice estimates that 200,000 in total have gone unused in the last decade. Immigrant advocates have been urging the federal government to offer make these green-card slots available to help relieve the backlog of those waiting for green cards, an estimated 500,000.
Using green cards from previous years would require legislation from Congress. Lofgren says there have been "some discussions going on informally" about whether such a move is possible. But it's no sure thing. It would be difficult to pass such legislation in a Congress that is leery of any immigration issue after a comprehensive reform effort with the support of President George W. Bush and bipartisan leaders in the Senate got shot down earlier this summer.
Meanwhile, immigrant advocates say they will continue to press to speed the process of turning workers with visas into permanent residents. "This [decision] helps us move from a more painful limbo to a less painful limbo, but it's limbo nonetheless," says Immigration Voice's Pradhan. "Adjustment of status is not our final destination; green-card status is."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080_page_2.htm:)
Not the End of the Road
Still unresolved is the issue of green cards that have gone unused in the past decade or more. USCIS estimates that 10,000 green cards of the 140,000 allotted for employment-based applicants were not issued last year. Immigration Voice estimates that 200,000 in total have gone unused in the last decade. Immigrant advocates have been urging the federal government to offer make these green-card slots available to help relieve the backlog of those waiting for green cards, an estimated 500,000.
Using green cards from previous years would require legislation from Congress. Lofgren says there have been "some discussions going on informally" about whether such a move is possible. But it's no sure thing. It would be difficult to pass such legislation in a Congress that is leery of any immigration issue after a comprehensive reform effort with the support of President George W. Bush and bipartisan leaders in the Senate got shot down earlier this summer.
Meanwhile, immigrant advocates say they will continue to press to speed the process of turning workers with visas into permanent residents. "This [decision] helps us move from a more painful limbo to a less painful limbo, but it's limbo nonetheless," says Immigration Voice's Pradhan. "Adjustment of status is not our final destination; green-card status is."
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080_page_2.htm:)
more...
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svam77
12-04 06:49 PM
Thanks !! My 140 is indeed pending. But I dont have plans to move to EAD now. I am moving to EAD only after my 140 is approved.
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sagar_nyc
08-25 10:48 AM
I think Canada is much better option . It's cheaper and convenient. I have heard many success stories of H1 stamping in Canada
I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
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whitecollarslave
01-17 11:14 PM
Not normal, but what about I140 approval?. It is part of that and must be there. Did you apply I140 and I485 togther? If yes, it may be missing because of processing backlogs.
I did not apply together. 140 was approved in May 2006. 140 does have the Priority Date but in the 485 Receipt Notice the Priority Date field is blank. I applied for 485 in July 2007.
I did not apply together. 140 was approved in May 2006. 140 does have the Priority Date but in the 485 Receipt Notice the Priority Date field is blank. I applied for 485 in July 2007.
shimul99
09-21 03:32 PM
I�m confused about using the EAD. Someone please clarify me�.
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
pibeeneri
12-20 12:03 PM
Dec. 06 expired a lettler that USCIS send to my employer but we never received the lettler, it was a wrong information for the address my boss was talking with an officer of USCIS and she reported electronically to Nebraska about this problem, we send just in case last Friday again all the documents with the I-140 we don't know what evidence they need, but the thing is that we have to wait ; we don't have a lawyer everything was fine the only problem was that we never received a letter about the I-140 because the address omit the suite number do you think that no matter what we have to find a lawyer ...or just wait... the adjusment was submit in May 2006.
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