jkmc
02-15 05:03 PM
Hi everyone.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
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GCDelay
11-30 11:39 AM
xxx
axp817
04-09 02:54 PM
Is this legal?
Yes.
Is it a common practice?
Apparently.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Yes, and you can also work on the EAD, unless the 485 denial notice specifically states that the EAD is also revoked/denied/rendered invalid, in which case, you can't use the EAD to work, but you are still okay to be in the country.
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Chances of a 485 application being denied multiple times due to the same reason are bleak, although if it does happen (wrongful denial of course), or if it is denied multiple times, but due to a different reason each time, my understanding is that you can keep challenging/appealing the decision.
Good luck.
Yes.
Is it a common practice?
Apparently.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Yes, and you can also work on the EAD, unless the 485 denial notice specifically states that the EAD is also revoked/denied/rendered invalid, in which case, you can't use the EAD to work, but you are still okay to be in the country.
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Chances of a 485 application being denied multiple times due to the same reason are bleak, although if it does happen (wrongful denial of course), or if it is denied multiple times, but due to a different reason each time, my understanding is that you can keep challenging/appealing the decision.
Good luck.
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thomachan72
09-07 09:59 AM
you also should note that the writer does not talk about NRE / FCNR accounts at all. The interest income from these accounts has been declared completely exempt (no matter how much) from income tax. So on one hand you have accounts which are completely exempt and on the other (NRO) you are going to tax more???
more...
hebbar77
11-23 04:06 PM
I found ICICI money2india better than CITIBANK (rate wise). I have been using ICICI money transfer for last 4 years!
I would like to know anything better too!
I would like to know anything better too!
gimmemygreen
12-19 10:10 AM
This is Pat B 's broken record. He has lost all his credibility during all these years of immigrant bashing. He can write as many of them but other than red necks, no one is impressed. He is 71 years old and in couple years he will be gone. Old age brings some mental issues with it.
more...
xbohdpukc
03-06 06:29 AM
Totally disagree. Only a small %age of employers pay the fees, rest is all borne by the applicant. This includes universities, companies etc. There are so many components of fees that everything is not covered by employer.
Do most of the companies cover EAD (every year), Adv. parole (every year), I 485 etc.. fees. The arguemnt given by USCIS (read their website) for I 485 increase is that it will be processed in 6 months and therfore no need to apply for EAD and AP fees. The argument is fallible is that it does not counts retrogression adn name check, it is simply assumed everyone will get their I485 processed in 6 months.
They are not using technology (because they can't hire more H1b and softwarre professional) but using the excessive money to support theeri old fashioned systems.
What a mess 180% fees increase on most of the applications?
I guess I am that lucky that my employer pays all the fees afterall. I also think it's a good idea to make it mandatory for the employers to carry the burden of the fees, at least through the I-485 filing process. Then if they refuse -- they definitely don't need a foreign laborer that much as they claim, it's only fair.
But then again, opposition to the fees increase coming from the most well off group of prospective immigrants doesn't really pass a laugh test, especially with such immigration opponents as Sen. Sessions and Co. "If you are saying that you are here to contribute to our country and its economy -- start with the fees, please". I think that voicing too much opposition to the fees increase will only further alienate the coming immigration debate. We don't need it, it's gonna be tough enough without a cat fight over the fees matter.
Do most of the companies cover EAD (every year), Adv. parole (every year), I 485 etc.. fees. The arguemnt given by USCIS (read their website) for I 485 increase is that it will be processed in 6 months and therfore no need to apply for EAD and AP fees. The argument is fallible is that it does not counts retrogression adn name check, it is simply assumed everyone will get their I485 processed in 6 months.
They are not using technology (because they can't hire more H1b and softwarre professional) but using the excessive money to support theeri old fashioned systems.
What a mess 180% fees increase on most of the applications?
I guess I am that lucky that my employer pays all the fees afterall. I also think it's a good idea to make it mandatory for the employers to carry the burden of the fees, at least through the I-485 filing process. Then if they refuse -- they definitely don't need a foreign laborer that much as they claim, it's only fair.
But then again, opposition to the fees increase coming from the most well off group of prospective immigrants doesn't really pass a laugh test, especially with such immigration opponents as Sen. Sessions and Co. "If you are saying that you are here to contribute to our country and its economy -- start with the fees, please". I think that voicing too much opposition to the fees increase will only further alienate the coming immigration debate. We don't need it, it's gonna be tough enough without a cat fight over the fees matter.
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sreedhar
09-07 09:01 AM
Yes… It’s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.
-Sree
This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:
If anyone has seen this already, my apologies...
http://immigrationvoice.org/forum/showthread.php?p=285637#post285637
Hello All,
I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.
IO: Immigration Officer
MC: My Cousin
MCL: My Cousin Lawyer
-Sree
-Sree
This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:
If anyone has seen this already, my apologies...
http://immigrationvoice.org/forum/showthread.php?p=285637#post285637
Hello All,
I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.
IO: Immigration Officer
MC: My Cousin
MCL: My Cousin Lawyer
-Sree
more...
at0474
01-09 02:30 PM
My guess:
No change in EB2 dates for India. Slight forward movement for EB3.
No change in EB2 dates for India. Slight forward movement for EB3.
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kumar26fl
09-21 09:49 PM
Good idea! Let's have a 'Membership Drive Week' and increase the membership.
more...
EB-VoiceImmigration
09-07 03:17 PM
How about even a much better solution, learn your country's national language......:)
My Initial reaction to this post and others(including the one who said he is from AP .. but I believe in reality he is not..) who think every one in india should learn hindi.
--> FCUK U. Who the hell are you to say this ?
Now.. lets dicuss...
It is not even a requirement in India to learn hindi. Why in the world it is required to access a forum based on US EB immigration?
Dont get zealous of raise of south in IT and lets not make a debate on what people are doing in our part of the world. It will never end.
My Initial reaction to this post and others(including the one who said he is from AP .. but I believe in reality he is not..) who think every one in india should learn hindi.
--> FCUK U. Who the hell are you to say this ?
Now.. lets dicuss...
It is not even a requirement in India to learn hindi. Why in the world it is required to access a forum based on US EB immigration?
Dont get zealous of raise of south in IT and lets not make a debate on what people are doing in our part of the world. It will never end.
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glus
02-19 11:38 AM
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
Surge:
Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
Surge:
Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.
more...
house Great Beginnings For 09#39; !
micofrost
07-16 02:59 PM
Hi,
My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare
Please let me know if PCC is must from US consulate only
Admin :
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare
Please let me know if PCC is must from US consulate only
Admin :
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
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jsb
08-15 02:14 PM
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
This is possible, if LC of your buddy was approved within months. In 2005 most categories were Current, so he/she filed I-140 and I-485 in 2005, which concluded with a GC now.
This is possible, if LC of your buddy was approved within months. In 2005 most categories were Current, so he/she filed I-140 and I-485 in 2005, which concluded with a GC now.
more...
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surge
02-12 07:17 AM
Hi everyone.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
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snowshoe
12-18 08:53 AM
Raj,
Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.
Can you please let me know:
- which Mexican consulate did you get your Mexican tourist visa?
- did you take an appointment before going to the consulate?
- what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
- did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.
Thanks again.
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.
Can you please let me know:
- which Mexican consulate did you get your Mexican tourist visa?
- did you take an appointment before going to the consulate?
- what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
- did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.
Thanks again.
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
more...
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reachinus
12-26 08:34 AM
Hi There,
In the substitute you have to report only the pay that you have received and you have to report to DOL if your Employer doesn't pay you atleast for the time that he got paid from the client. But logically speaking he has to pay you from the date you are on his H1.
In the substitute you have to report only the pay that you have received and you have to report to DOL if your Employer doesn't pay you atleast for the time that he got paid from the client. But logically speaking he has to pay you from the date you are on his H1.
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kk_kk
02-03 06:51 PM
I can say for sure, Canada PR is not going to work because I went through the same situation and I was not allowed to board British Airways flight in Hyderabad with Canada PR and US AP.
I am still fighting with BA for getting an refund.
I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended
I am still fighting with BA for getting an refund.
I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended
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Gravitation
06-22 10:01 AM
There are not enough numbers in the house to pass CIR. It may be pushed in Senate for political reasons and may pass easily, but there's no such hope -whatsoever- in the House.
If CIR is to ever pass, 2009 is the best year.
So, there's no hope of passing in what could the best possible year for CIR! Am I the only one to whom it all sounds very ominous?
If CIR is to ever pass, 2009 is the best year.
So, there's no hope of passing in what could the best possible year for CIR! Am I the only one to whom it all sounds very ominous?
MightyIndian
06-05 11:24 PM
The 765 instruction form mentioned an alternative address for courier/express deliveries as follows:
USCIS
Texas Service Center
4141 N St. Augustine Rd
Dallas, TX 75227.
I sent my application by USPS Express mail to the above address and someone by name D LAITZ signed for the delivery. I sent the package on 6/2 and it reached USCIS on 6/3. I just checked my bank account and the fee check was cashed revealing the receipt number.
MI
USCIS
Texas Service Center
4141 N St. Augustine Rd
Dallas, TX 75227.
I sent my application by USPS Express mail to the above address and someone by name D LAITZ signed for the delivery. I sent the package on 6/2 and it reached USCIS on 6/3. I just checked my bank account and the fee check was cashed revealing the receipt number.
MI
alisa
07-07 12:31 PM
I gave it highest ratings. I encourage others to do the same.