Becks
02-23 09:24 PM
Here are the answers.
Hi Everyone
I am filling out my i-485 and I had a couple of questions.
A) What is the Expires On field in Part 1 referring to (right under the I-94#)?
Is it the actual expiry of my Visa (as printed on the Visa) or the date written on my I-94?
It should be the expity date on I94 form. If the current I94 form is expired / your visa(like H) is renewed you should get I94 attached with it with expiry date.
B) In part 3 it asks which consulate the Visa was issued. I got it at the American embassy in Oslo. I assume this is what they want to know. Could anyone reassure me?
Yes, it is the consulate where you got the visa stamp with which you entered USA.
C) In part 3b I list my wife who is an American. I assume that I should leave her A# blank. Is this correct? I also kinda think I read somewhere that even though it says middle initial (also in 3b) you should actually list the entire middle name? Is there any truth to this?
I think you can leave A# blank for your wife (but plz check with your lawer / others). Also I think you should write your name same as in your passport/other docs.
Thanks a lot. Hope someone can help me.
Hi Everyone
I am filling out my i-485 and I had a couple of questions.
A) What is the Expires On field in Part 1 referring to (right under the I-94#)?
Is it the actual expiry of my Visa (as printed on the Visa) or the date written on my I-94?
It should be the expity date on I94 form. If the current I94 form is expired / your visa(like H) is renewed you should get I94 attached with it with expiry date.
B) In part 3 it asks which consulate the Visa was issued. I got it at the American embassy in Oslo. I assume this is what they want to know. Could anyone reassure me?
Yes, it is the consulate where you got the visa stamp with which you entered USA.
C) In part 3b I list my wife who is an American. I assume that I should leave her A# blank. Is this correct? I also kinda think I read somewhere that even though it says middle initial (also in 3b) you should actually list the entire middle name? Is there any truth to this?
I think you can leave A# blank for your wife (but plz check with your lawer / others). Also I think you should write your name same as in your passport/other docs.
Thanks a lot. Hope someone can help me.
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Kapils573
12-12 08:13 AM
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BECsufferer
09-28 01:13 PM
Two reasons why this will take long time;
1. Multiple languages spoken in EU. Outside England, everybody prefers conversation in their native language. This will be big barrier for english speaking asian community.
2. UK did this experiment and failed. A lot of Doc's left UK to US, Canada and Australia.
So I won't suggest anyone to venture into EU. US is still the best place for foriengers and immigrants.
1. Multiple languages spoken in EU. Outside England, everybody prefers conversation in their native language. This will be big barrier for english speaking asian community.
2. UK did this experiment and failed. A lot of Doc's left UK to US, Canada and Australia.
So I won't suggest anyone to venture into EU. US is still the best place for foriengers and immigrants.
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desi3933
02-18 11:36 AM
......
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
more...
gregspirited
08-19 09:17 PM
I thought labor cert is tied to a specific position and once I change my profile completely (say from software engineer to product management) I need to re-apply PERM eventhough I work for the same company.
Any thoughts?
Any thoughts?
cest la vie
01-30 08:53 AM
Sorry, but I didnt understand what you meant when you said "if i'm not upfront with my visa". Could you please explain me that part?
thank you very uch for your attention.
thank you very uch for your attention.
more...
cinqsit
10-12 10:32 PM
Hello I am in H4 in usa.
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?
You have 2 options
1. Convert your h1 to premium processing and hopefully get it approved before
your current h4 expires
2. apply for h4 extension - and wait for your h1 application to get through
To be really conservative - its best to file for H4 extension anyway irrespective
of whether you convert your h1 to premium
Dont let your h4 expire cause you wont have any valid status - if for some reason your h1 gets denied
Good luck!
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?
You have 2 options
1. Convert your h1 to premium processing and hopefully get it approved before
your current h4 expires
2. apply for h4 extension - and wait for your h1 application to get through
To be really conservative - its best to file for H4 extension anyway irrespective
of whether you convert your h1 to premium
Dont let your h4 expire cause you wont have any valid status - if for some reason your h1 gets denied
Good luck!
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indio0617
07-15 05:40 AM
Presently I am on H1B visa status, valid till March 2009. My PD is of June 2005 and I-140 was done in 2005 also, presently trapped in retrogression.
I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.
In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.
Thanks for your time guys.
Advertising requires just one month period. Depending on how much advertising has been done before for the same job. You could typically file for PERM easily by mid september if not sooner.
I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.
In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.
Thanks for your time guys.
Advertising requires just one month period. Depending on how much advertising has been done before for the same job. You could typically file for PERM easily by mid september if not sooner.
more...
bigboy007
04-09 08:26 PM
Well they are always saying they "want to start" discussions things can turn quick if they want to ... But the point is whether we "in" or are we "out" of discussions if we have atleast one point representation in those talks I think there would some help instead of asking all of us to go back and start process again, this is what 2007 CIR did and it would be if we do nothing... For me I have sent emails / calls when HR XYZA legislation of Lofgren was in discussions.. but those are small numbers and I wonder whether IV Core is doing something through their Lobbying channels... Surely its coming if not today during the tenure of President Obama.
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meridiani.planum
09-14 02:35 AM
Hi:
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
more...
newbie2020
04-29 08:45 PM
I'm guessing you meant "insight" (understanding, revelation) not "oversight" (supervision, mistake)
Insight or Oversight all it really matters is the content, Do u care if it were a doc file instead of a PDF
Insight or Oversight all it really matters is the content, Do u care if it were a doc file instead of a PDF
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Kevin Sadler
June 6th, 2005, 05:34 AM
I put in my thumbs up for the 3d effect. Very cool. The first thought that comes to my mind is one of those lovey dovey greeting cards with the gold scripted lettering. This is definitely a candidate for that.
more...
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insbaby
03-31 05:36 PM
I have received an RFE on my I-485 application to provide a copy of birth certificate. However, I have submitted the birth certificate and affidavits from my parents when I filed for I-485.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
You said, you have a birth certificate without name. I guess, you can apply to local birth certificate issuing agency and get a new one with name. If the birth is registered properly (in your case, it is as you have the certificate), it seems possible.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
You said, you have a birth certificate without name. I guess, you can apply to local birth certificate issuing agency and get a new one with name. If the birth is registered properly (in your case, it is as you have the certificate), it seems possible.
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rameshvaid
09-16 03:12 PM
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To many bumps foR EB - 3..
To many bumps foR EB - 3..
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Marphad
01-08 02:52 PM
my pd IS Dec 2005 EB2, it is a 485 Interview
ROW?
ROW?
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NNReddy
06-13 11:12 AM
I am curious of the average networth of H1Bs excluding their parent's money. The money they just made so far. Not sure how to start a new thread. I read somewhere online there are lot of H1Bs who are working for 10 years are almost millionaires. Can they use their accumulated wealth to do an investment based green card.
more...
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Blog Feeds
03-03 11:40 AM
U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to a revised form, there are new filing locations. The changes are part of an overall effort to transition the intake of USCIS benefit forms from Service Centers to Lockbox facilities. Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.
Beginning February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox facility, depending on the eligibility category under which they are filing, as provided in the form instructions. USCIS Service Centers will forward all Form I-485 applications to the appropriate Lockbox facility until March 29, 2010. USCIS will accept previous versions of Form I-485 until March 29, 2010. After March 29, 2010, USCIS will only accept the Form I-485 dated �12/03/09.�Any previous versions of the the form that are submitted will be rejected. After the transitional period, the Service Centers will return any incorrectly filed Form I-485 with instructions to send the application to the correct location.
At this time, applicants should not concurrently file Form I-485 with an Immigrant Petition for Alien Worker (Form I-140) at a USCIS Lockbox facility. Refer to the Form I-140 filing Instructions for information on how to file forms concurrently.
When filing Form I-485 at a Lockbox facility, you may elect to receive an email and/or text message notifying you that USCIS has accepted your application. To receive notification, you must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.
For more information on USCIS programs, visit (http://www.uscis.gov/portal/site/uscis) or call the National Customer Service Center at 1-800-375-5283.
More... (http://www.visalawyerblog.com/2010/03/revised_form_i485_application.html)
Beginning February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox facility, depending on the eligibility category under which they are filing, as provided in the form instructions. USCIS Service Centers will forward all Form I-485 applications to the appropriate Lockbox facility until March 29, 2010. USCIS will accept previous versions of Form I-485 until March 29, 2010. After March 29, 2010, USCIS will only accept the Form I-485 dated �12/03/09.�Any previous versions of the the form that are submitted will be rejected. After the transitional period, the Service Centers will return any incorrectly filed Form I-485 with instructions to send the application to the correct location.
At this time, applicants should not concurrently file Form I-485 with an Immigrant Petition for Alien Worker (Form I-140) at a USCIS Lockbox facility. Refer to the Form I-140 filing Instructions for information on how to file forms concurrently.
When filing Form I-485 at a Lockbox facility, you may elect to receive an email and/or text message notifying you that USCIS has accepted your application. To receive notification, you must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.
For more information on USCIS programs, visit (http://www.uscis.gov/portal/site/uscis) or call the National Customer Service Center at 1-800-375-5283.
More... (http://www.visalawyerblog.com/2010/03/revised_form_i485_application.html)
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rajc
08-12 03:28 PM
Hi,
I recently went through same situation for my spouse on H4. You have 3 options:
1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.
2. Go out of country and come back.
3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.
Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.
I recently went through same situation for my spouse on H4. You have 3 options:
1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.
2. Go out of country and come back.
3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.
Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.
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puddonhead
07-29 01:54 PM
I would also suggest that you post messages in all college/university/school cantenes and other such visible places where students gather. I have donated blood many times (>10 times) when a student and I am sure that you will find many students who are willing to help.
I have also helped organize blood donation camps and such when a student. In fact I am was trained volunteer - for whatever value 4 days of classroom training have. I'd suggest that you should avoid the "professional"/"regular" donors - as many of them would be drug addicts and "donate" blood for drug money. Schools and colleges are good places to avoid that crowd and still get a large number of prople willing to donate blood.
I have also helped organize blood donation camps and such when a student. In fact I am was trained volunteer - for whatever value 4 days of classroom training have. I'd suggest that you should avoid the "professional"/"regular" donors - as many of them would be drug addicts and "donate" blood for drug money. Schools and colleges are good places to avoid that crowd and still get a large number of prople willing to donate blood.
abc
05-08 01:20 PM
I think if there is no time limit ( currently 6 years) on h1 visa and there are 3 yr extensions, it will make all of our lives so much easier.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
snathan
08-09 01:03 AM
Hi all
I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.
My question:
can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .
Thanks in advance .
If you are able to get the extension from company A to company B, what is stopping to get the extension for company C. I believe you should be able to get one. Go for PP....
I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.
My question:
can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .
Thanks in advance .
If you are able to get the extension from company A to company B, what is stopping to get the extension for company C. I believe you should be able to get one. Go for PP....
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