الأربعاء، 29 يونيو 2011

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  • Sparkling
    04-26 04:37 PM
    Dear Lawyer,
    I posted my story in "all other green card issues" I'm sorry I don't know how to link it.

    I am married to a US citizen - married since 10/23/04 - we have lived in the US before where I obtained a conditional green card : given 01/17/06 expired 01/17/08. We left the US in may of 07 to live in denmark (my home country) and thought the conditional green card was "gone" when it expired and did not apply to remove conditions in time.

    In 2009 we decided to return to the states - I came here 10/16/09 on a visa waiver. In december 09 we filed i130 and in march i485 thinking we had to start over on the process of getting a green card.

    April 8th -10 we recieved a denial letter saying:
    "A review of agency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
    " therefore , the beneficiary is not eligible for the benefit sought and this additional petition is denied"
    " This denial will have no adverse effect on the lawful permanent residence status that the beneficiary has previously aquired"
    Attached to the letter is an appeal form.

    So my query now is: since they already consider me a lawful permanent resident according to that letter - how do I go about getting my green card? and what happens to the i485 that they still have in initial review?

    My husband and I are very confused about all this - we were told we had to reapply so we are puzzled about that denial letter. Customer service at uscis only reiterates the content of their website and we cannot get through to anyone that can shed any light on this. Infopass is not available in our area either, so I turned to this forum.

    Than you so much for your time in considering this matter and for any information you might have for us.

    Sincerely,
    A danish citizen :-)




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  • frostBite
    06-29 11:41 PM
    super cool picture, sweet idea too




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  • pmandappa
    10-12 06:59 AM
    I have an approved I-140 with a priority date of April 2008 (EB2). Unfortunately, my husband's employer did not go through with the GC filing process as promised and his H1B runs out next summer. I had heard that there were cases in which an individual could apply for additional extension based on the spouse's approved I140. Is there any truth to that?




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  • gc_chahiye
    10-02 01:30 AM
    Can anyone tell me after my 6th year of H1 i have a 3 year extension of h1 visa, can i go to india and come back on that visa or do i need to have AP. I got my 140 approved and i got my 485 receipt notices.

    you can use the visa, need not use AP if you dont want to. If you have a visa stamping already, using the H1 visa is the preferred way to return:
    - you get an I-94 valid for 3 more years (with AP you get one for just one year, which is a bit weird)
    - using AP atleast sometimes pushes you into secondary inspection which is another hour spent with the customs and border patrol folks. While they are typically nice and friendly, I personally hate being stuck in that no-mans land at the airport.

    Only advantage of AP is if your GC is approved while you are abroad, you are supposed to return on AP as your H1 status would have ended. in practice people have re-entered on H1 in such cases and its been ok. Depending on your PD this may not may not be a concern



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  • wandmaker
    08-21 11:44 PM
    My PERM for EB3 has been approved on July 2008. My I-140 is pending. 485 has not been submitted yet. I don't have EAD card either. For some reason, I have to change job.

    My question is, if my current employer will not revoke my current I-140 sponsorship, even I have left company, and in case my current I-140 will be approved, can my priority date be carried over?

    Bunch of thanks!!

    Yes




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  • kk_kk
    09-24 05:47 PM
    If I understand correctly, once the I-140 is approved, the PD is fixed. Make sure you have all the details of your privious I-140.

    you can take up new FT and once the new I-140 is approved and if EB2 July is current at that time, you can ask USCIS to apply that PD to your new I-140. Also the new I-140 needs to be with same or similar job duties / description.

    HTH.



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  • saro28
    01-12 09:46 PM
    Even I noticed the same in my case EB3 12/2001. Don't know what it means!
    Feb. Bulletin may give some hope




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  • supers789
    08-07 08:00 PM
    I have an approved i140 from old employer, using which I am planning to file i485 (As PD from old PERM/i140 is current for the month of Aug. & no labor filed for ne employer). As I am in good terms with old employer, they are ready to give me a "future employment letter" for my GC processing.

    Can someone please let me know -
    1. Format of the letter, details thats needs to be present in it,
    2. Anything else I need from the old employer.

    Thanks!



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  • rajenk
    07-22 01:29 PM
    The old I-140 is all valid. The only thing that you are taking is the date. When your new I-140 is approved and you interfile with I-485 then you request USCIS to take the new I-140 instead of the old one. Also if your new I-140 has problem at that stage (even after approval, some time it happens), still the old I-140 is valid.

    Good luck
    Raj:)




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  • hnordberg
    June 25th, 2005, 01:23 PM
    One way to deal with the maintenance ugliness, would be to cover it with a foreground object. That way it would feel like the whole bridge was in the picture. Just a thought, not sure how it would turn out.

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  • Ramba
    10-29 06:19 PM
    Hi ,
    One of my friends applied for his GC thru a consulting company which he does not work for...He used to work for the company but left that company before he decided to file with them...Since he has good relations with the company, they decided to file for him.
    The company recently filed his I140 but they got a RFE on I140. INS wants to know why does the company want to hire him and why he left the company in the first place..does anyone in the forum has a similar experience to share...The RFE is actually for the conmpany but the owner wants my friend to write a letter and mail it to the lawyer. Any help is appreciated.

    First, employer or his agent only reply to RFE, not your friend.

    Second, it is a simple stright forward RFE, unless INS found some fishy thing (or doubting as it is a bonafide sponsership) as employee not working for sponser. May be they are trying to control future employee loop hole. Employer can write the reason why he left and why they want to hire him back. It is a strightforward easy question to answer.




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  • die_exquisita
    07-07 02:45 AM
    Hello,

    I came across this particular requirement in VFS website for a H4 applicant:

    'letter from employer that describes the relationship with the Principal Applicant and the purpose of travel'

    I would really appreciate it if anybody has a sample of the same or an inkling as to what exactly it is (as far as I know, the employer can provide an employment verification letter, but not stating that the spouse is applying for a dependent visa and so on).

    Thank you for your time and help!



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  • qasleuth
    05-15 11:48 PM
    Can someone shed light on this topic?

    I know Writ of mandamus cases are common for FBI name check delays.

    What about AC 21?

    When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?

    What are the costs involved?

    How much time does it take to get a ruling from the court?

    Per Wikipedia "The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:[3]It must be a duty of public nature and the duty must be imperative and should not be discretionary."

    The last sentence is key. AC21 is the law but USCIS issued multiple 'Memos' clarifying, making rules, giving 'recommendations' etc etc. These memos are not cast in law but sound like "discretionary". It also perhaps depends on the exact reasons for denial. Did the person get an RFE before a denial, the applicant move to same or similar job, was the I140 approved or was it merely 'approvable'. Many moving parts.




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  • tinamatthew
    07-22 11:26 PM
    I got busted going twice the speed limit in a 55 MPH zone and just got convicted of Reckless Driving.I got 364 Days Suspended Sentence.

    Does that count as an "crime of Moral Turpitude". Does that mean that I-485 will be deined?

    Do you know anyone who was convicted of reckless driving and got their green card?

    All replies are appreciated.

    Hope this encourages you

    unless you hit someone and was jailed or something. Getting a speeding ticket due to reckless driving is just a traffic violation and should not be mentioned. I had some reckless driving tickets, never mentioned that and got my GC last week.

    So enjoy.
    Aman


    http://immigrationvoice.org/forum/showthread.php?t=5700



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  • shivagaddam
    10-07 10:03 PM
    Hi,

    What happened to your case. I'm in the same boat and it was denied.




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  • Pasquale
    03-31 02:19 AM
    :mu: widescreen eh?



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  • sgorla
    02-08 01:57 PM
    My company uses Cheryl-Lenz Calvo. They took long time to apply for the labor certification part of the greencard process, but otherwise they are very professional, and I would recommend this firm.


    does anyone know of any good chicago based immigration lawyer?
    References are welcome!!!!
    :confused:




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  • vskp
    12-28 03:14 PM
    Following is the situation:

    My H1 (6 years) expiring on 7th Mar'08 (have 35 days of vacation might be good till 11th Apr'08)
    Labour filed on 06/20/2007 , still awaiting..(so 365 days rule does not apply for 7th yr ext)
    Spouse was on H4, got H1 in Oct'2007 (no stamping done for H1).

    Falling short of 10 weeks to get the 365 days rule

    Options that I learnt for me getting 7th yr extension and staying in the country:

    Option1:
    Convert to H4 toward the end of H1 6 yrs expiry date till June 20th(to get the 365 days rule in effect)
    File for 7th year extension based on the 365 days rule
    Convert from H4 to H1 and start working.

    Option 2:

    Get Canada working visa (not sure how long it will take to get though) and work till June 20th there (to get the 365 days rule in effect)
    File for 7th year extension based on the 365 days rule
    Stamping in canada to return to USA.
    (I am hoping 7th year extension can be done while I am outside the country)

    Option 3:

    Go back to India for 3 months wait till June 20th,
    File for 7th year extension based on the 365 days rule
    Stamping in India to return to USA.
    (I am hoping 7th year extension can be done while I am outside the country)


    Option 4:

    Leave for India immediately and stay there for 10 weeks and recapture them along with 7th year extension(while I am in India )

    Can the gurus/experts please put in any issues I might be running into or if any of the option above are not at all feasible(may be I am ignorant)




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  • sam5
    09-11 12:13 PM
    pls someone respond, who has a clear understanding on this query. I would like to hear to an Attorney's view.




    arunkotte
    07-22 10:24 AM
    One required initial evidence (not medical) was not included in my recently submitted 485. Is it possible to send it now without receipt before 08/17?
    If it's possible, what's the proper procedure?

    Please kindly share your comments and experience.


    What is that initial evidence?




    viksi82
    11-09 09:37 PM
    For B-2 visa for my parents do i need to send the I-134 or is this a thing of the past?

    Also, these are the documents that i have. Do i need to send anything else?
    copy of my passport
    copy of visa/petition/i-94
    copy of renewed petition /i-94
    Pay slips for the past few months
    Employment letter/Deputation letter
    Copy of W2



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