gcfriend65
01-19 07:44 AM
Mine was filed on May 01, 2006 EB-2 and I am still waiting. I has been close to 9 months now. I also logged in an enquiry 35 days ago, but still no reply. Worried as what to do. Do, I convert to Premium?
jthomas
04-24 12:47 PM
A Memorandum of Marriage is different from the Certificate of Marriage.
A Memorandum of Marriage is required to obtain a Marriage Certificate.
Here is a sample (Schedule A) of the Memorandum of Marriage.
You will need to obtain one from your local Marriage Court.
http://ncw.nic.in/compMarriageBill.pdf
I would say, the marriage certificate, a notarized copy of the Memorandum of Marriage from India, with some additional proof, like photos, invites', etc should suffice.
To avoid the RFE, will it be okay to get registered at the local county in US?
I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL
A Memorandum of Marriage is required to obtain a Marriage Certificate.
Here is a sample (Schedule A) of the Memorandum of Marriage.
You will need to obtain one from your local Marriage Court.
http://ncw.nic.in/compMarriageBill.pdf
I would say, the marriage certificate, a notarized copy of the Memorandum of Marriage from India, with some additional proof, like photos, invites', etc should suffice.
To avoid the RFE, will it be okay to get registered at the local county in US?
I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL
grajesh2000
05-02 10:32 AM
Count me in
LostInGCProcess
10-24 01:18 PM
Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.
My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.
It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.
My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.
It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.
more...
Prashanthi
02-05 10:13 PM
Hello Chandra, i am trying to figure out how this works, that is why the delay.
ArkBird
09-09 05:37 PM
That sucks big time!
I hope they resolve it promptly. Secondly, you can also try contact ACLU and get their consultation on this issue stating excessive harassment of legal immigrant. I have heard of few cases where they helped big time though they were asylum cases.
@ArkBird,
NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.
@Dealsnet,
How much time do you think it will take for NBC to schedule an interview ?
I hope they resolve it promptly. Secondly, you can also try contact ACLU and get their consultation on this issue stating excessive harassment of legal immigrant. I have heard of few cases where they helped big time though they were asylum cases.
@ArkBird,
NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.
@Dealsnet,
How much time do you think it will take for NBC to schedule an interview ?
more...
kirupa
11-11 01:18 AM
Yep - there 2 more hours from this post to be counted :P
forgerator
07-31 07:08 PM
I hope they did not hire "loser's guild" to do the job :D:D:D
That would be a conflict of interest. If they were hired, I'm sure they would start writing code like "If status == H1B then Add delay = 50 yrs"
That would be a conflict of interest. If they were hired, I'm sure they would start writing code like "If status == H1B then Add delay = 50 yrs"
more...
wellwishergc
07-13 11:32 AM
yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.
Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.
Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.
ashutrip
06-15 04:52 PM
that is not a backlog in the sense of retrogression based backlog. That is like any other processing time for any other type of application
Chicago is taking 2-3 weeks then y Atl is taking 6 months
Chicago is taking 2-3 weeks then y Atl is taking 6 months
more...
ena23
03-08 12:33 PM
they got confused that he is a full time ??..pls share more light..your situation is not clear to me
ivar
04-10 09:40 AM
All the best pal....welcome to the club !:rolleyes:
Now that i am a part of this immigration struggle once again, i will make a small donation to IV.
Now that i am a part of this immigration struggle once again, i will make a small donation to IV.
more...
hsingh82
04-14 08:11 PM
My Perm got filed today :).. atleast 1st step in the door.
AnalyzeThis
03-19 12:36 AM
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
more...
karthikdurai
02-01 09:11 PM
Thanks MC thats a valid Point.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
prasadn
03-01 08:27 PM
When my wife entered the US, since her passport was nearing expiration, the officer at POE put in the I-94 valid until passport expiration date (March 15, 2009), even though H-1 is valid till Sept. 2010. Eventually she got her passport renewed, but we are not sure if she has to travel out of the country before this date to get a new I-94. We have filed for 485 and she has a valid EAD & AP. Here are my questions.
1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?
2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?
Thanks in advance,
Prasad
1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?
2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?
Thanks in advance,
Prasad
more...
saratswain
11-06 12:27 PM
I did not have it either and I had tow A# number for me. This is what my lawyer did
> Wrote a letter citing ref# to the porting rule
> Submitted evidence
I did it through my company attorney. I have full access to her though.
Please send me a personal msg and I can give templates for the letter, it might help.
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
> Wrote a letter citing ref# to the porting rule
> Submitted evidence
I did it through my company attorney. I have full access to her though.
Please send me a personal msg and I can give templates for the letter, it might help.
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
addsf345
12-02 11:44 PM
This in from Ron Gotcher website....I guess they are reading our letters.....
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
------
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.:mad:
__________________
read carefully all those who are thinking that the issue is over. I don't want to spoil the party, but this issue is still far from over.:confused:
Please do help IV, help yourself, help ourselves. Take part in IV letters campaign for wrongful AC21 denials. Click here (http://immigrationvoice.org/forum/showthread.php?t=22182) & send letters.
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
------
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.:mad:
__________________
read carefully all those who are thinking that the issue is over. I don't want to spoil the party, but this issue is still far from over.:confused:
Please do help IV, help yourself, help ourselves. Take part in IV letters campaign for wrongful AC21 denials. Click here (http://immigrationvoice.org/forum/showthread.php?t=22182) & send letters.
sreenivas11
07-02 10:31 AM
UPDATE ON JULY VISA AVAILABILITY
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
helpfriends
04-15 01:35 PM
I thought it would be considered fraudulent. I don't know why they didn't wait until the L1 application was approved first before coming over - it was only a week later? It makes no sense.
Thanks for your input.
Thanks for your input.
villamonte6100
10-15 10:03 AM
Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?
When did you renew your DL?
Homeland Security is getting tough these days and DMV will ask for your H1 or H4 visa or EAD.
In other words, they check for your immigration status.
There is even a "SAVE" program on other states which makes it difficult to renew. The SAVE program first verifies your immigration status with USCIS, and after being cleared, then DMV could renew your DL,
When did you renew your DL?
Homeland Security is getting tough these days and DMV will ask for your H1 or H4 visa or EAD.
In other words, they check for your immigration status.
There is even a "SAVE" program on other states which makes it difficult to renew. The SAVE program first verifies your immigration status with USCIS, and after being cleared, then DMV could renew your DL,