gc_chahiye
06-24 07:25 PM
Can you add a dependent after your 485 is approved?
my lawyer said yes, the important things are that:
1. you must be married before teh I-485 is approved; otherwise the dependent needs to be sponsored under family petition etc. However note that in this case the dependent would be starting his/her I-485 at that point (when you are already approved) so will 'catch up' to approval later (and if dates retrogress, then the dependent is 'stuck' longer, without GC, while you will have your GC and all related benefits (ability to stop working, change types of work etc))
2. the date needs to be current for the dependent to file, but the fact that you got approved means that your PD is current (as you can only get approved when your PD is current)
Also, if I become a beneficiary on my wife's application, will I be able to maintain my H-1 status, and keep on renewing it?
yes you can continue on your H1
My wife and I are now leaning towards independent filing, with no beneficiary for now.
we are still undecided, same boat. Warnings from some attorneys (as Pappu has pointed out above) are making us think of filing independently, with teh risk that one person gets GC first and the other would than tag along maybe an year or whatever late depending on how dates move/stay.
what do your lawyers say about multiple 485 filings?
my lawyer said yes, the important things are that:
1. you must be married before teh I-485 is approved; otherwise the dependent needs to be sponsored under family petition etc. However note that in this case the dependent would be starting his/her I-485 at that point (when you are already approved) so will 'catch up' to approval later (and if dates retrogress, then the dependent is 'stuck' longer, without GC, while you will have your GC and all related benefits (ability to stop working, change types of work etc))
2. the date needs to be current for the dependent to file, but the fact that you got approved means that your PD is current (as you can only get approved when your PD is current)
Also, if I become a beneficiary on my wife's application, will I be able to maintain my H-1 status, and keep on renewing it?
yes you can continue on your H1
My wife and I are now leaning towards independent filing, with no beneficiary for now.
we are still undecided, same boat. Warnings from some attorneys (as Pappu has pointed out above) are making us think of filing independently, with teh risk that one person gets GC first and the other would than tag along maybe an year or whatever late depending on how dates move/stay.
what do your lawyers say about multiple 485 filings?
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beautifulMind
06-16 09:02 PM
who is your lawyer
grupak
03-25 03:33 PM
Those that have been effected by this EAD discrimination, file a complaint with the govt. Otherwise why are we here in IV asking for multi-year EAD?
So what if EAD has to be renewed. GC also has a expiry date now. Next we will be asked to provide medical history to make sure we do not fall sick at work. EAD renewal is an inconvenience that the employer need NOT worry about.
So what if EAD has to be renewed. GC also has a expiry date now. Next we will be asked to provide medical history to make sure we do not fall sick at work. EAD renewal is an inconvenience that the employer need NOT worry about.
2011 #39;Surprise Oprah: A Farewell
saimrathi
07-11 02:13 PM
Is Arnold Schwarzenegger pro-immigrants? Maybe he can be approached and have him be our spokesperson... Just him, not the party he represents or the post he holds...
more...
logiclife
06-15 11:17 AM
Please cite the sources of the information when you post on this thread. Either a URL or wherever else you got the information.
gc4me
05-23 09:11 AM
+ve skin test does not mean anything.
You can be +ve if
1. If you ever had TB
2. If you ever had TB medication
3. If you ever had TB Vaccination
If you are +ve, you need to do chest x-ray to verify whether you have TB or not. Tell your doc for chest x-ray. For me, I knew I will be +ve and so I told my doc for x-ray at the first time and did not have skin test.
I Got Positive Skin Test. What Should I Do Now? Please Inform Me.
Thanks
Chhaya.
You can be +ve if
1. If you ever had TB
2. If you ever had TB medication
3. If you ever had TB Vaccination
If you are +ve, you need to do chest x-ray to verify whether you have TB or not. Tell your doc for chest x-ray. For me, I knew I will be +ve and so I told my doc for x-ray at the first time and did not have skin test.
I Got Positive Skin Test. What Should I Do Now? Please Inform Me.
Thanks
Chhaya.
more...
raju123
07-09 07:26 PM
Very good. Please post this message to the front page of IV.
USCIS has decided that the flowers sent by skilled, legal immigrants to director Dr. Emilio Gonzalez will be forwarded to injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.
We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".
---------------------------------
USCIS has decided that the flowers sent by skilled, legal immigrants to director Dr. Emilio Gonzalez will be forwarded to injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.
We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".
---------------------------------
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lvinaykumar
09-09 09:33 PM
just saw the post today. will be calling at lunch tomorrow
more...
dixie
02-22 09:05 PM
Thanks, but could i still file for a concurrent AOS even though i am currently in the country on a AP?
As far as I know, FB and EB are completely independent of each other. As long as you can prove that you have been in legal status all along, there is nothings stopping you from applying for AOS based on marriage. However, none of us here are legal experts on such niche immigration issues since there wouldnt be too many of us in that situation; so consult an expert attorney asap. In such matters I would not go by advise on a public forum.
As far as I know, FB and EB are completely independent of each other. As long as you can prove that you have been in legal status all along, there is nothings stopping you from applying for AOS based on marriage. However, none of us here are legal experts on such niche immigration issues since there wouldnt be too many of us in that situation; so consult an expert attorney asap. In such matters I would not go by advise on a public forum.
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hsingh82
06-13 01:49 AM
Keep up the good work L1fraud!
more...
desi3933
08-07 12:48 PM
Let me add my 2cents here.
This came up when I was discussing this topic with my lawyer friend -
Person can still file for GC when he/she is at school in eb3 and after finishing school, he/she can file another one for EB2 and can port the date to earlier PD, just like eb3 person who started work instead of going to school. Remember, GC is for the future job and person can not claim that he/she needs to be employed in order for GC to be filed.
Law does provide equal opportunity to both for PD recapture (aka PD porting).
SunnySurya -
I suggest, you should seriously consider discussing above legal point with your lawyer. I hope you agree with me that in legal court, rationality wins whereas emotions lose.
Good Luck!
Disclaimer: I am green card holder for 6 years and personally this issue does not affect me.
This came up when I was discussing this topic with my lawyer friend -
Person can still file for GC when he/she is at school in eb3 and after finishing school, he/she can file another one for EB2 and can port the date to earlier PD, just like eb3 person who started work instead of going to school. Remember, GC is for the future job and person can not claim that he/she needs to be employed in order for GC to be filed.
Law does provide equal opportunity to both for PD recapture (aka PD porting).
SunnySurya -
I suggest, you should seriously consider discussing above legal point with your lawyer. I hope you agree with me that in legal court, rationality wins whereas emotions lose.
Good Luck!
Disclaimer: I am green card holder for 6 years and personally this issue does not affect me.
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pappu
08-04 06:07 PM
http://usinfo.state.gov/gi/Archive/2006/May/04-878088.html
Immigration Security Checks�How and Why the Process Works
Background
All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion.
Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin.
USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases.
Why USCIS Conducts Security Checks
USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.
How Immigration Security Checks Work
To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
� The Interagency Border Inspection System (IBIS) Name Check� IBIS is a multi-agency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
� FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
� FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.
For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or even several years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.
Immigration Security Checks�How and Why the Process Works
Background
All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion.
Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin.
USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases.
Why USCIS Conducts Security Checks
USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.
How Immigration Security Checks Work
To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
� The Interagency Border Inspection System (IBIS) Name Check� IBIS is a multi-agency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
� FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
� FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.
For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or even several years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.
more...
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SunnySurya
08-07 12:57 PM
I definitely will. But first I have to mobilize enough people to support this.
I appreciate that.
May I ask to share your legal defense for this point, when you have one?
Thanks!
I appreciate that.
May I ask to share your legal defense for this point, when you have one?
Thanks!
tattoo Patti LaBelle. #39;Surprise Oprah
sri1309
01-07 12:50 PM
I fully support this...
People who meet the conditions above can benefit the US Economy in a long run because...
1)Deficits are going to be high for a long time...in trillions, and if we are allowed to apply for naturalization directly, there is a better chance for us to pay taxes to reduce the burden.
2)If we are asked to leave now, the US is committed to Social Security payments(with the minimum 40 points) even if we are outside.
3)By now, we already have kids who are American citizens... which means that when they become 18, they can always sponsor us as citizens. All that we are asking is for the congress to do the same a few years earlier. It is better we are here in our earning years than when we are in our older years.
If this Bill is introduced in congress, people will listen because...
1)People waiting for 10 years... and done all the right things, no one can simply ignore. Also, there will be a sense of guilt on the US Government to have let the situation deteriorate. They will think of ways to make the transition smoother... remember they created a special green card category for Iraqis since there was a sense of guilt.
2) Whether this passes congress or not, there is a legitimate argument of asking for the congress to rectify the situation. That is the best we can do.
3) We need to give more and more options to the congress. Not everything sticks, but even if one or two get passed, it goes a long way to help all of us.
I personally will contribute bigtime if IV core want to take this up!
Hi,
Your point below is good. I have never noted this point in my letters. We will include this point. Makes so much sense. Lets ask them to help us when we can contribute more, than to let us just get in when we start consuming SSN benefits and other due to age related issues..How do I give a green to you. Is this is your first post ever?
"3)By now, we already have kids who are American citizens... which means that when they become 18, they can always sponsor us as citizens. All that we are asking is for the congress to do the same a few years earlier. It is better we are here in our earning years than when we are in our older years.
"
People who meet the conditions above can benefit the US Economy in a long run because...
1)Deficits are going to be high for a long time...in trillions, and if we are allowed to apply for naturalization directly, there is a better chance for us to pay taxes to reduce the burden.
2)If we are asked to leave now, the US is committed to Social Security payments(with the minimum 40 points) even if we are outside.
3)By now, we already have kids who are American citizens... which means that when they become 18, they can always sponsor us as citizens. All that we are asking is for the congress to do the same a few years earlier. It is better we are here in our earning years than when we are in our older years.
If this Bill is introduced in congress, people will listen because...
1)People waiting for 10 years... and done all the right things, no one can simply ignore. Also, there will be a sense of guilt on the US Government to have let the situation deteriorate. They will think of ways to make the transition smoother... remember they created a special green card category for Iraqis since there was a sense of guilt.
2) Whether this passes congress or not, there is a legitimate argument of asking for the congress to rectify the situation. That is the best we can do.
3) We need to give more and more options to the congress. Not everything sticks, but even if one or two get passed, it goes a long way to help all of us.
I personally will contribute bigtime if IV core want to take this up!
Hi,
Your point below is good. I have never noted this point in my letters. We will include this point. Makes so much sense. Lets ask them to help us when we can contribute more, than to let us just get in when we start consuming SSN benefits and other due to age related issues..How do I give a green to you. Is this is your first post ever?
"3)By now, we already have kids who are American citizens... which means that when they become 18, they can always sponsor us as citizens. All that we are asking is for the congress to do the same a few years earlier. It is better we are here in our earning years than when we are in our older years.
"
more...
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garika
07-10 12:00 AM
Don't know if anyone noticed but Mr. Emilio's statement nowhere indicates any acknowledgement of the hardships caused by the fiasco. If he (and USCIS) knows about "flowers", I am sure USCIS knows about the scramble, hardships and frustration caused by the fiasco. A simple acknowledgement through something like " ....while we regret unintended consequences of following our internal procedures, we have made arrangements to forward the flowers to ..." would have demonstrated leadership or honesty of intent which I guess is in short supply
I think he is trying to say if anybody needs flowers its our men in uniform and not us (USCIS). I hope I am wrong but thats my perspective. Have sent the flowers anyway ;)
I think he is trying to say if anybody needs flowers its our men in uniform and not us (USCIS). I hope I am wrong but thats my perspective. Have sent the flowers anyway ;)
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pani_6
09-23 05:00 PM
So for EB-3 we have 1630 from 01, and 8300 from 02 and 12500 from 03..how long would this take to clear given EB 3 allotment??. every year??.
more...
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gravi98
06-21 11:36 AM
Thanks for the FAQ.
Quick question:
I have a EB2 approved I-140 with PD 2006. Another EB2 I-140 from BEC with PD 2005 is still pending and might take another 6 months to get approval.
Will it be a better a strategy to file based on approved 140 (pd 2006) and later on capture pd 2005, once the BEC based 140 gets approved? Not sure whether interfiling applies for same category.
Thanks in advance for your suggestions
Quick question:
I have a EB2 approved I-140 with PD 2006. Another EB2 I-140 from BEC with PD 2005 is still pending and might take another 6 months to get approval.
Will it be a better a strategy to file based on approved 140 (pd 2006) and later on capture pd 2005, once the BEC based 140 gets approved? Not sure whether interfiling applies for same category.
Thanks in advance for your suggestions
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WillIBLucky
06-15 01:58 PM
I-94s are submitted at the airport when you leave the country. In many cases there are no I-94s coz they have been submitted and no one thought of making copies of them before travelling out of country. I am sure I dont have all the I-94s that I ever used. I submitted them at the airport when I went out and didnt make copies.
I think it must be ok if you dont have all of them. Can anyone advise if that's the case?
You dont need all I-94's. They only need the last I-94. But, you will need to give copies of all the H1B visa petition. For instance, if you changed your employer then you will have new petition or even when you extend your visa.
I think it must be ok if you dont have all of them. Can anyone advise if that's the case?
You dont need all I-94's. They only need the last I-94. But, you will need to give copies of all the H1B visa petition. For instance, if you changed your employer then you will have new petition or even when you extend your visa.
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chanduv23
11-04 10:22 AM
Lets this stay on top
anura
04-03 07:49 AM
Thanks.
Can somebody please give us the link of the document that shows how many applied , yearwise.
Getting any sort of data out of any of the immigration agencies is often frustrating. Especially something like how many eb2 I-140 did they accept, approve, deny... However, they do randomly throw number out and we can scavenge through them for `clues'. Here is one such link.
USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)
Can somebody please give us the link of the document that shows how many applied , yearwise.
Getting any sort of data out of any of the immigration agencies is often frustrating. Especially something like how many eb2 I-140 did they accept, approve, deny... However, they do randomly throw number out and we can scavenge through them for `clues'. Here is one such link.
USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)
sampath
04-17 06:09 PM
That closes the chapter on it.
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