neoneo
07-17 12:32 AM
Hi,
I have filed I-485 application myself for me & my wife on July 5th, 2007.
I have listed all the documents in the packet on the cover letter, but forgot to sign the at the bottom (both me & my wife) after 'Sincerely'.It has blank in place of my signature and name printed in the brackets.Will it be a problem?
What should I do now to correct this? Should I send the signed cover letter separately (explaining that I forgot to sign)? Your suggestion is highly appreciated.
Thank you.
What cover letter ?.. did u sign all the forms ? those a important ! .. cover letter-- i don't think they care, unless it has some legal info. If it's just a list, it doesnt matter.
ping ur attorney though.
I have filed I-485 application myself for me & my wife on July 5th, 2007.
I have listed all the documents in the packet on the cover letter, but forgot to sign the at the bottom (both me & my wife) after 'Sincerely'.It has blank in place of my signature and name printed in the brackets.Will it be a problem?
What should I do now to correct this? Should I send the signed cover letter separately (explaining that I forgot to sign)? Your suggestion is highly appreciated.
Thank you.
What cover letter ?.. did u sign all the forms ? those a important ! .. cover letter-- i don't think they care, unless it has some legal info. If it's just a list, it doesnt matter.
ping ur attorney though.
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PD_Dec2002
07-05 04:32 PM
From Mathhew Oh (http://www.immigration-law.com/):
07/02/2007: To File or Not To File, That Is the Question!
The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
---------------
Thanks,
Jayant
07/02/2007: To File or Not To File, That Is the Question!
The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
---------------
Thanks,
Jayant
wellwishergc
07-11 12:14 PM
^^^^^^^
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yorstruly
07-19 03:07 PM
Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.
...
:D
Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :confused:
And yes, I am totally new to IV. The way it has been effective, I will surely contribute... :)
...
:D
Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :confused:
And yes, I am totally new to IV. The way it has been effective, I will surely contribute... :)
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shahrooz
02-15 10:28 PM
260 views and not even one single opinion?
db_greencard
10-03 12:15 PM
when you send out your application to USCIS?
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Lasantha
02-20 01:53 PM
If the underlying I-140 for your 485 is from company A, then it's a different story. I think then you are OK. Are you sure that CIS accepted the old I-140 as the basis for your 485?
But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.
Also be ready for RFEs.
I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters
But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.
Also be ready for RFEs.
I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters
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ashkam
10-16 01:27 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
There should be two dates on your receipt notice, the receipt date : august and the notice date : october. If both are October, you need to contact t he USCIS.
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Aug 15
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
You should be getting your EAD by then otherwise you have to extend your H1B if you want to continue working. Once you get your EAD, update the form I-9 with your employer. As to your wife, you have to do nothing.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing ( receipt date)
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
She needs EAD approval and the physical card present with her
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
No idea.
- Would I get the fingerprinting notice directly or would my employer receive it?
You will receive it
- What other formalities would be left after (assuming) 485/765 are approved?
Wait for the green card
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
Here (http://www.ilw.com/seminars/august2002_citation2b.pdf).
There should be two dates on your receipt notice, the receipt date : august and the notice date : october. If both are October, you need to contact t he USCIS.
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Aug 15
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
You should be getting your EAD by then otherwise you have to extend your H1B if you want to continue working. Once you get your EAD, update the form I-9 with your employer. As to your wife, you have to do nothing.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing ( receipt date)
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
She needs EAD approval and the physical card present with her
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
No idea.
- Would I get the fingerprinting notice directly or would my employer receive it?
You will receive it
- What other formalities would be left after (assuming) 485/765 are approved?
Wait for the green card
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
Here (http://www.ilw.com/seminars/august2002_citation2b.pdf).
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a_yaja
01-22 01:35 PM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
Why don't you try to apply for the H1B visa again in India?
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
Why don't you try to apply for the H1B visa again in India?
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vts31
10-17 06:47 PM
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eadguru
11-06 08:34 PM
No FP yet. How can I contact USCIS regarding FP? Does I need to contact TSC or VSC?
Your help will be appreciated.
----------------------------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07(TSC -> VSC -> TSC). ND=10/16/07
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24, Received 11/01
AP - RFE for clear copies of PP 11/01
Your help will be appreciated.
----------------------------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07(TSC -> VSC -> TSC). ND=10/16/07
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24, Received 11/01
AP - RFE for clear copies of PP 11/01
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bp333
09-25 12:51 PM
I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.
Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??
Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??
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Administrator2
12-09 11:38 AM
Is there any hope for us...
There is always Hope. For those who want guarantees even before making an attempt, just remember that seeking such assurances will certainly cause failure for everyone.
Is recapture there? Will Eb-3 or my eb2 date move? Then when will I get my green card approval? Those are all valid questions.
But perhaps we need to rise up above simple answers from a very complicated situation and just do our share, give it our best for the solutions we are looking for. Do not intended to get preachy here, but I hope you get the point.
Thanks for everyone's hard work for actively participating in Action Items and calling your Senators.
There is always Hope. For those who want guarantees even before making an attempt, just remember that seeking such assurances will certainly cause failure for everyone.
Is recapture there? Will Eb-3 or my eb2 date move? Then when will I get my green card approval? Those are all valid questions.
But perhaps we need to rise up above simple answers from a very complicated situation and just do our share, give it our best for the solutions we are looking for. Do not intended to get preachy here, but I hope you get the point.
Thanks for everyone's hard work for actively participating in Action Items and calling your Senators.
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kevinkris
03-05 02:20 PM
They will apply for H1 again in 2010, but good news is you will not be in 65k cap.
They can apply anytime and get a fresh H1.
That i what i think.
They can apply anytime and get a fresh H1.
That i what i think.
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desi3933
02-18 01:43 PM
Well, thanks all for your responses, but I am as cfused as I was before I posted the question. Do any of you have any sources to back your claims. I know for sure that worldwide income has to be reported, so thanks for that clarification desi3933. But do you have a source that mentions that a person on H4 can for sure work outside. Many thanksa again guys. All your help is appreciated.
I just checked and earlier info was incorrect. Please accept my apologies for providing incorrect info.
It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 status holders can only do voluntary work.
_____________________
Not a legal advice.
US citizen of Indian origin
I just checked and earlier info was incorrect. Please accept my apologies for providing incorrect info.
It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 status holders can only do voluntary work.
_____________________
Not a legal advice.
US citizen of Indian origin
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hsingh82
03-09 09:47 AM
Dear All,
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).
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smartboy75
10-17 03:22 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
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05-17 09:14 PM
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i99
09-07 06:17 PM
Seems like you are safe, but, I would ask an attorney just just just in case. Worth the $150.
garybanz
09-27 06:49 AM
Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?
Thanks.
Thanks.
sam_hoosier
11-15 03:33 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
As long as you dont get paid for the marketing & promotional work in the US, you will not be breaking any immigration laws.
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
As long as you dont get paid for the marketing & promotional work in the US, you will not be breaking any immigration laws.
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