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bp333

02-19 10:50 AM

We (me, my wife and my son) are submitted 485 applications on July 7th to Nebraska service center latter they transferred to Vermont from there it again transferred to Taxes Service. Unfortunately I forgot to write the amount in wordings in my wife's 485 application check so they rejected my wife's application on Oct 9th, they enclosed the letter to re submit the application by using the new fee. We re submitted on Oct 15th by enclose the two checks $325 and $1010 along with the covering letter and the letter what they are given.

Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.

I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.


My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.

My wife doesn't get her receipt 485 number I am not able to use my EAD.

Can any body suggest how to approach this case? Or is any one face same issue.

Thanks.


If its rejected due to "missing or incorrect fee" you can send the package back with a special cover letter to by-pass the mail room. The letter has to say something in the lines of: "Attention CRU Supervisor, case improperly rejected due to fee".. search for these in google. You will find a template.
Mine was rejected for the same and Supervisor accepted my refile.
Good luck.

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gg_ny

09-14 08:52 AM

The VFS website is good for FAQ. Also, their email reply service is appreciable as I had my doubts cleared in 24 hrs cycle. You can also call them, they DO answer. The dates keeps changing because, I think, of cancellations and other eventualities. Usually, people make appointments anticipating , and keep changing it as their schedules change. You can reuse your payment id for 1 year and hence one could make appointment for a date, KEEP LOOKING, and if you find another suitable, then cancel and reschedule right away. I believe the calendar is live or almost live. They do allow emergency appointments but I am not clear wehther you could do it from here or you need to be present there. Typically, if you have a good travel agent/company, they can handle it better in your favor.
VFS email id that worked for me: info@vfs-usa.co.in

Hope this helps.



As per http://www.murthyindia.com/content/em_appt.html if you're working in the US and are returning back to work, you can qualify for emergency quota. Is this a viable option? My travel dates in Aug / Sep / Oct are not confirmed yet and so I am planning to take an emergency appointment only.

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WillIBLucky

12-08 08:45 AM

Why is IV very silent today? Is it a good sign or something else? Or is everyone in front of Cspan?

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aamchimumbai

09-04 11:46 AM

That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.

This is my understanding....

My main question is:

Comparing two forms there are 4 additional tests recently added in the new I693 form. I needed to know if I can file my I-485 without any issues with the medical completed in May'08 or need to fill out the new form again with new set of medical exams?

I am trying to understand if USCIS will send an RFE because my I693 (may'08) form does not have these 4 additional tests.

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gondalguru

07-08 10:47 PM

i have heard in the past that you can move jobs in the same area, but never gone into the specifics....
my attorney does a lot of this stuff, you can get a free consultation.
pm me if interested.

btw it;s a good question for iv-physicians, are you part of that group? see my signature.

I have requested the membership for iv physician group for quite sometime but it is still not approved. I don't know what the problem might be.

I will pm you regarding NIW thing

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hnordberg

November 26th, 2005, 05:58 PM

I prefer the dark one. It is more interesting and would work well in a gallery. Well done!

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desi3933

02-01 07:58 AM

thanks for the reply..this means having a dependent visa is the key at the time of approval..

This is NOT what I said in my post. I mentioned "Dependent Relationship". Dependent Visa applies in most cases, though. Example - Your wife could be on F1 or other visa and that is not dependent visa.

Contrary to popular myth, it is ok to file I-485 on F1 visa status.


if the application was approved and the wife was on h4 (but didn't file her i485 yet..) then she could still file for her i485?

Correct. It is advisable to file I-485 as soon as your PD is current. However, section 245(k) covers for 180 calendar days. In some cases, she may have more time, but those cases are linked to visa status and usually don't apply to H4 status holders.

Good Luck.

____________________
Not a legal advice.
US Citizen of Indian Origin

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cptbaseball

05-14 11:59 AM

Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.

Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.


______________________
Not a legal advice.
US citizen of Indian origin

.

H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?

http://www.murthy.com/news/n_cosapp.html

Thanks..

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GCPagla

03-16 02:18 PM

Hi,

Thanks for all your replies.
I am trying to catch hold my lawyer. He is attending some conference today and said will be available tomorrow to respond.

So just to sumup all your openion is:

Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
Job Description on offer letter? should match word to word with LC

Salary? OK as long as it is heigher.
company size? does not matter.

Please let me know if all the above assumptions are correct.

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ItIsNotFunny

12-03 05:40 PM

Bump ^^^^

Keep pledging. We need to make this happen.

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ras

10-21 03:22 PM

Hi, I am in the same boat as you. Can you please provide your experience with filing the future employment I-485 and if AC21 is possible.

My question is: Can you continue to work for employer B while employer A files future employment I-485 and can we use AC-21 after 180 days without being employed with employer A?


Curious to know...

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extra_mint

02-06 11:41 AM

Congratulations Ivar.

Hi EveryOne,

I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

Thanks.

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sparky_jones

02-03 02:44 PM

Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.

It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.

I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.

Just my 2 cents,
I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.

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diptam

08-13 10:56 AM

Given the Current receipting situation at NSC this sounds like a Dream story and definitely an exception. By the way - whoever got this and enjoying FIFO i would want to Congratulate him/her - I'm very happy for that chap.

But just few stray good cases can't make me say that CIS following FIFO :D

Congratulations but I was wondering if you are more an exception then a rule...:confused:

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bheemi

03-15 11:05 AM

Hi,
I dont think anybody pushing forward about this issue..Filing of 485 during retrogression..
Immigration Voice :
Is there any scope any where to add this to current bill...are our immigration voice working towards this issue at all...if so can you pls let us know what you are doing for this issue..because I did not see anywhere updates from immigration voice ..or any ammendments on this issue..

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munnu77

04-06 10:56 PM

If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.

i agree immiration-law has not updated...
see cnn at 11 30 pm ET...
http://www.cnn.com/2006/POLITICS/04/06/immigration.ap/index.html
http://www.msnbc.msn.com/id/12184299/
http://www.foxnews.com/story/0,2933,190770,00.html

they update every half hr

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Soul

06-14 08:36 AM

:beam: Thanks for all your votes peoples!

I vow never to design to this standard again :P:P

- Soul :s:

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gc_dream07

08-05 06:30 AM

I am in similar situation.

I have AP valid till Oct 3rd, 2010. My new AP application is with USCIS and have not received the approval. I will be traveling to Canada on August 15th for one week. I am planning to return on current AP. My question is: if my new AP gets approved when I am in Canada, will that cause any issue in my I-485 or re-entry to US.

i was in same situation. couldn't get new AP in time. went for stamping in India.

my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.

if u read 131 instructions, it talks about abandoning app.

basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
and if u leave US before approval of AP, ur 485 considered abandoned.


Ref:

http://www.uscis.gov/files/form/i-131instr.pdf

Page 4, Section E.

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glus

06-28 04:47 PM

O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp

You are as stupid as what you wrote.

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ItIsNotFunny

12-02 03:46 PM

How about you become core member and involve in overall efforts related to lobbying.

I promote more direct efforts like rally, mails etc than lobbying.

I never said current core members are not doing their job. I said that lobbying companies may be over charging where we don't have control.

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Rajeev

09-16 02:46 PM

Done

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