Wednesday, June 29, 2011

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  • ndrw_fielding
    07-22 10:05 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.

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  • narentilwani
    04-12 01:36 PM
    My current situation with Company A is:

    1) I-140 approved in August 2008 (total > 180 days)
    2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
    3) EAD valid till October 2010
    4) H1-B valid till October 2010
    5) PD: Feb 2007

    Company A is in talks with company B for takeover of the division I am working in.

    I have a offer in hand with company C. They have filed for ETA 9035 and if i understand it right, i have to use AC21 portability now

    What I need to confirm is:
    1. Takeover of company A's division by company B, will it affect my GC process? What can cause issues here?
    2. If i stick with company A, it should be good for now, but maybe some layoffs after merger. Whats the best thing to do to maintain my GC process?

    Please let me know as my join date for company C is next week

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  • guyfromsg
    08-14 09:03 PM
    I live in NJ and my application was recieved on July 2nd. would that be Nebraska or Texas SC?

    NJ comes under TSC but direct filing took effect only from July 30th. Till then the 485 was supposed to be sent to the center where 140 is filed or to NSC ( if no 140 filed). Even if it was sent to the wrong center USCIS will not reject the application in this timeframe. It will be internally transferred to the the correct service center.

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  • dilbert_cal
    07-05 08:42 PM
    Can you please post your question on this thread

    ---- Please continue any discussion on this topic in the thread whose link is provide above. OP - please delete this thread or ask the mods to do the delete. Hope you understand that extra threads arent good.


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  • sanjaymk
    07-22 09:34 AM

    I am in the same situation, I called my lawyer and he mentioned that there is no problem legally, but the issue is incase they need some clarification from you and you are not in US then it would be an issue as the time frame is very short.

    I am going to canada for my stamping, so he said it might not be an issue.


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  • Ann Ruben
    02-11 08:58 PM
    Hi Vinod,

    As a practical matter, you probably want to file your wife's I-485 application as soon as possible after the first day of the month in which your PD becomes current. As you know from experience, PD's can and do retrogress dramatically with little or no notice.

    If your wife is in H4 status on the date that your GC is approve, she will automatically fall out of status. She can remain out of status for up to 180 days without losing eligibility to file for AOS, but if the PD retrogresses before she files, she has to wait and hope that your PD becomes current before 180 days have passed.

    If your wife changes status to E-3 she can still file her I-485 when your PD becomes current. But,
    E-3 status, unlike H-1 status, requires non-immigrant intent. So, theoretically, if your wife changes to E-3 status and then files the I-485 within 60 days, an allegation of immigration fraud could be made and possibly result in denial of her I-485.



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  • Green_Always
    02-27 09:16 PM
    Yes Great Inovation and Technology looks promising, need to see how this grows.

    Let it Bloom soon... in every backyard and household.

    Hope we can take this to Villages and Small cities in India.

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  • boston_gc
    05-01 03:43 PM

    Is there any specific PERM requirement as to how many days does the job posting need to be posted on a job search website like

    For some reason, I thought that it was required for the job to be posted for at least 30 days but I can't find out the source.


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  • anilsal
    11-28 02:47 PM
    We are with you. Please PM paskal. He will set you up.......

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  • chris
    09-26 04:20 AM
    Hi Sharbutt,
    Its probably a bit late now but I know a little bit about fireworks
    so I should be able to help. So when is the parts of your menu appearing and how have you constructed it (using what method):bandit:


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  • TheRealAlan
    10-25 05:45 PM
    Surely you can afford to pay $95 a year at for that. There are even cheaper deals than that around. It doesn't cost that much.

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  • permfiling
    05-18 11:03 AM
    My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?

    Member of north calif
    dontation : $500


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  • chinta_ramesh
    08-21 11:53 AM
    It seems they want to make some progress before updating the dates :rolleyes:

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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.

    A danish citizen :-)


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  • dunkin
    06-26 02:16 PM
    hi guys,

    i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.

    i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?

    also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?

    thanks in advance, and sorry if the above are dumb questions.

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  • mirage
    07-09 08:54 AM


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  • nashim
    01-07 11:34 AM
    2. What is the safest & quickest way to get my h1 status active in system..

    a) Stamping in Canada - Quickest for me. Is it safe ?
    b) Get status changed without getting out of country? - But how?
    c) Stamping from Home country? -- Last option.

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  • ssdtm
    03-14 04:44 PM
    No need for exp certificate in applying for H1.

    At embassy/consulate, for visa stamping, you should keep it as they may like to verify. It is not mandatory but good to have.

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  • roseball
    09-18 11:22 AM
    Dont worry, original receipt date will be used for processing....

    05-30 05:09 PM
    Thank you very much for the reply. I did not receive any interview letter. In the approval notice, it was mentioned that it will take 3 weeks.
    How long it took for you?

    Blog Feeds
    10-15 06:30 PM
    Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.

    If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.

    There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.

    Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.

    For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.

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