vinzak
10-14 12:21 PM
Most likely her uncle sponsored his sibling and she was a dependant under 21 of that sibling (ie. one of her parent's) while applying.
Once she has a GC it doesn't matter how she got it. The same rule applies, unless she got it through marriage, which doesn't seem to be the case here.
To apply for citizenship she not only has to maintain residency but be present in the US for a majority of Five continous years. To maintain residency she only has enter the US once every year.
Is she normally resident in the US or outside the US?
Once she has a GC it doesn't matter how she got it. The same rule applies, unless she got it through marriage, which doesn't seem to be the case here.
To apply for citizenship she not only has to maintain residency but be present in the US for a majority of Five continous years. To maintain residency she only has enter the US once every year.
Is she normally resident in the US or outside the US?
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485_spouse
09-25 03:14 PM
She is not out of status but you need to move fast (first 180 days) and talk to some good lawyer.
In 2007 I had a long consultation with a lawyer and told about INS act 245(k)
Google it.
Furthermore. One of my co-worker was approved while his wife's case was not filled in 2007. they used 245(k) and there was no issue.
In 2007 I had a long consultation with a lawyer and told about INS act 245(k)
Google it.
Furthermore. One of my co-worker was approved while his wife's case was not filled in 2007. they used 245(k) and there was no issue.
bkn96
02-18 10:58 AM
My MTR got approved in 2 months from TSC.
But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
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manderson
10-29 02:03 PM
stylepoet, while I don't speak for the core-group, I think I represent the majority when I say this: Realistically speaking, if you plan to stay in the US for a very long term and want to do so without any visa hassles (or kids aging out issues that you mentioned), then getting a Green Card (GC) is the best way to go, instead of jumping around non-immigrant visas. And if u r financially capable of being an E2 why not just file for a EB5 GC (which is way faster than EB2 and EB3 these days -- please check out this site for more info)? Sure, there is a difference in the minimum investment reqs. E2 = 200K+ and EB5 = 500k. But if you have lived here for a couple of years (assuming this from the implication that your kids recently turned 21 or are going to turn 21) surely you can makeup the 300k difference. No?
Please feel free to educate if I am out of line here.
Please feel free to educate if I am out of line here.
more...
Ramba
09-25 07:40 PM
:) Ramba, I agree, but CBP issues I-94 based on passport expiry date. then what do you do ?
Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).
You are right. You don't need to renew the passport, if you are not planing to travel (planning to leave USA and come back). :)Even you can through your expired PP in waste bin after making a copy for records, if you dont want to leave USA.
Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).
You are right. You don't need to renew the passport, if you are not planing to travel (planning to leave USA and come back). :)Even you can through your expired PP in waste bin after making a copy for records, if you dont want to leave USA.
martiansoldier
08-20 03:17 PM
If you applied for a change status (like H4 - H1) or change of employer (like H1 - H1) or extension of stay (like H4 extension or H1 extension), while in the US, the I-797 approval notice will have an I-94 card as long as you were not out of status prior to filing your application. However, if you were out of status, then you wouldn't get the I-94 along with your I-797 and you are still out of status. You will have to leave the country and get a visa stamped on your passport before entering the US again. If you have been out of status, there is always the risk of being denied a visa at the consulate.
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digital2k
08-06 12:39 PM
*
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giddi_raja@yahoo.com
11-02 02:43 PM
It takes 60 days from the RFE received date to make a decision on your AP. If dec 31st passes and if you don't hear anything from USCIS, you may need to call them.
If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.
I am on the same case, waiting for USCIS reponse. Thanks.
If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.
I am on the same case, waiting for USCIS reponse. Thanks.
more...
loveiv
07-29 11:03 AM
Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
That is nt true.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
That is nt true.
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arnet
11-16 12:20 AM
Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
more...
Gravitation
07-23 03:09 PM
I'm surprised that there's no poll on this.
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dolicus
08-27 12:11 PM
Can you please Post the Dates of when you applied for I-140 & when you were APPROVED.
Thx
Thx
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x1050us
06-25 09:46 PM
If I 539 was filed with I 129 they mostly get approved togther .DId you apply ext in PP ? If I 539 was not filed ,just bump your H1 to PP and get an appointment in home country for the spouse to get the Visa at the consulate. Just plan every thing will go smooth
Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?
Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?
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omved
07-17 06:48 PM
We should thank them all who worked for the cause. An official thank you gesture from IV would be sufficient I guess...
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justin150377
07-01 02:38 PM
Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.
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manderson
10-30 09:58 AM
stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.
Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.
One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...
Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!
:)
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.
One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...
Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!
:)
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
more...
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garybanz
10-28 09:41 AM
Congrats ! I guess the 3 green card is a magic number as mine was 10 yrs stay and 3 GC applications as well.
Did you receive the I-797 approval letter and at which service center was your case approved at.
Thanks
Nope did not getthe I-797 yet, just an e-mail from USCIS. This was at NSC
Did you get your physical green card? Have you completed your FP?
Did you receive the I-797 approval letter and at which service center was your case approved at.
Thanks
Nope did not getthe I-797 yet, just an e-mail from USCIS. This was at NSC
Did you get your physical green card? Have you completed your FP?
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vivek_k
03-09 02:22 PM
Even though this is the wrong thread, can somebody please recommend a good attorney in Oklahoma City Area. I need to hire a different one since the one I am with currently is not good.
I would appreciate if somebody would point me to the right direction.
I would appreciate if somebody would point me to the right direction.
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days_go_by
08-04 07:20 AM
from immigration-law.com
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
thomasstuart
11-22 05:59 AM
Hi there,
I haven't got any ideas, but I was wondering if you ever got a solution
as I would like to do the same thing. Cheers!
I haven't got any ideas, but I was wondering if you ever got a solution
as I would like to do the same thing. Cheers!
divakarr
09-05 10:49 AM
She checked my file over 20 minutes and also talked to her supervisor. they thought USCIS maybe lost my application somewhere. right now, I am waiting response from NSC for my application. I really do not know what need to do.
wish I am the only bad luck one here and good luck to everyone.
wish I am the only bad luck one here and good luck to everyone.
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