cdeneo
03-27 12:50 PM
No real evidence but when I had looked into doing this for my parents this is what I found out -
You can apply for an extension - but would need to give a valid reason with proof along with a confirmed return air ticket for a later date. Some reasons that get accepted with the correct proof:
1. More travels planned within the US - provide itinerary with dates and reservations of where the travels are planned for. And a confirmed return ticket to India later on.
2. Medical - maybe a letter from the doctor may suffice but they would need to still have good explaination and this may not fly for a 6 month extension.
3. Marriage of a family member in the US with wedding invitation and a confirmed return ticket to India after the wedding has occured.
4. Any other valid reason with proof...
I had consulted an immigration attorney and he said that he could prep the paperwork for me - the form itself is very simple, you need to attach an explaination for why you are asking for an extension and this needs to be done properly.
Another thing the attorney told me was - USCIS had become more stringent than before on giving the extensions (not sure how stringent though as he said that one could get an extension with the right documentation provided). Also one needs to provide proof of funds to support your parents while they will be here - you can provide your bank statements, pay slips, etc for them...
Also the attorney had mentioned that if they did grant an extension one time - most likely they would not do this again in the future (once in a life time thing sort of deal). Best bet is to go back and save your extension for a later time when you would utmost need it.
Traveling out of the country and returning in one month used to happen a lot in past years - officers at POE have become more strict and may see that you were just here for 6 months and are back this quickly. The officer at POE would ask you the reason for a visit this quickly and may grant you a one month or a three month stay - completely in the hands of the officer at the POE (you may still get six months but it's all luck at this point).
Good luck with whatever you decide to do.
Hi Everyone,
I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.
I wanted to know what options do i have and what would be the repurcursions.
1. extend thier stay. if so, whats the process.
2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.
Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.
Your opinions and suggestions will be greatly appreciated.
Thanks
You can apply for an extension - but would need to give a valid reason with proof along with a confirmed return air ticket for a later date. Some reasons that get accepted with the correct proof:
1. More travels planned within the US - provide itinerary with dates and reservations of where the travels are planned for. And a confirmed return ticket to India later on.
2. Medical - maybe a letter from the doctor may suffice but they would need to still have good explaination and this may not fly for a 6 month extension.
3. Marriage of a family member in the US with wedding invitation and a confirmed return ticket to India after the wedding has occured.
4. Any other valid reason with proof...
I had consulted an immigration attorney and he said that he could prep the paperwork for me - the form itself is very simple, you need to attach an explaination for why you are asking for an extension and this needs to be done properly.
Another thing the attorney told me was - USCIS had become more stringent than before on giving the extensions (not sure how stringent though as he said that one could get an extension with the right documentation provided). Also one needs to provide proof of funds to support your parents while they will be here - you can provide your bank statements, pay slips, etc for them...
Also the attorney had mentioned that if they did grant an extension one time - most likely they would not do this again in the future (once in a life time thing sort of deal). Best bet is to go back and save your extension for a later time when you would utmost need it.
Traveling out of the country and returning in one month used to happen a lot in past years - officers at POE have become more strict and may see that you were just here for 6 months and are back this quickly. The officer at POE would ask you the reason for a visit this quickly and may grant you a one month or a three month stay - completely in the hands of the officer at the POE (you may still get six months but it's all luck at this point).
Good luck with whatever you decide to do.
Hi Everyone,
I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.
I wanted to know what options do i have and what would be the repurcursions.
1. extend thier stay. if so, whats the process.
2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.
Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.
Your opinions and suggestions will be greatly appreciated.
Thanks
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jatinr
07-24 01:01 PM
As per EBFAQ release by USCIS dated July 23, the
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or
July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin
107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
As per Oh-Law Firm , it states the fees is 180 for EAD and 170 for AP if only filed concurrently.
Do you guys also have same understanding.
My company has filed by AOS and I am filing EAD/AP on my own, I am now confused that if I file me EAD/AP on August 15th , what fees I will have to pay - 180 or 340 for EAD , 170 or 305 for AP.
Can someone please verify.
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or
July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin
107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
As per Oh-Law Firm , it states the fees is 180 for EAD and 170 for AP if only filed concurrently.
Do you guys also have same understanding.
My company has filed by AOS and I am filing EAD/AP on my own, I am now confused that if I file me EAD/AP on August 15th , what fees I will have to pay - 180 or 340 for EAD , 170 or 305 for AP.
Can someone please verify.
IVLageRaho
09-23 04:40 PM
Hello,
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.
The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.
I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.
Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?
Thanks for your help.
I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.
on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.
on the same day I type a covering letter in think blue color paper - mentioning .
ATTN: CRU Supervisor - Case Improperly Rejected for Fees.
And I explained in the covering letter the amount of the fees paid and the date the case was received.
When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.
I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.
Best of luck
See the question number three answer by murthy -
http://www.murthy.com/news/n_faqrec.html
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.
The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.
I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.
Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?
Thanks for your help.
I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.
on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.
on the same day I type a covering letter in think blue color paper - mentioning .
ATTN: CRU Supervisor - Case Improperly Rejected for Fees.
And I explained in the covering letter the amount of the fees paid and the date the case was received.
When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.
I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.
Best of luck
See the question number three answer by murthy -
http://www.murthy.com/news/n_faqrec.html
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HRPRO
02-23 10:26 AM
Depends Jax
If you are still on a H or L and have a valid visa, you can enter using that as well but if you working on an EAD, all yopu will need is the parole document.
If you are still on a H or L and have a valid visa, you can enter using that as well but if you working on an EAD, all yopu will need is the parole document.
more...
desiron
08-09 08:54 PM
Thanks for the update... what a relief.
Ron
What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.
We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.
Update from Murthy.com
USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)
Ron
What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.
We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.
Update from Murthy.com
USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)
devan
11-04 01:43 AM
Hello gurus,
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
more...
cleopatra
02-07 03:28 PM
That is the problem. There is no such thing in the flcdatacenter, but in onet online, there is a
15-1099.11 - Information Technology Project Managers. This is not present in flcdatacenter.
Here is the problem. So by this token, does it mean that IT Project managers either need to be classified as CIS managers or not get classified at all? This is absurd.
The attorney is not giving out any suggestions on what to do as they already filed, got a high PW and appealed which got denied.
The attorney is suggesting to refile, something I don't think is going to change the outcome.
Any suggestions?
15-1099.11 - Information Technology Project Managers. This is not present in flcdatacenter.
Here is the problem. So by this token, does it mean that IT Project managers either need to be classified as CIS managers or not get classified at all? This is absurd.
The attorney is not giving out any suggestions on what to do as they already filed, got a high PW and appealed which got denied.
The attorney is suggesting to refile, something I don't think is going to change the outcome.
Any suggestions?
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mrane1
07-18 04:19 PM
ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
more...
jasmin45
08-10 10:24 PM
Dude,
Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.
retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..
I would say file it together.. thats the best..
Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.
retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..
I would say file it together.. thats the best..
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masaternyc
01-13 07:34 PM
I think USCIS should substitute permanent labor not the date to be fair, because substituting date makes an individual jump the line.
more...
jungalee43
08-27 02:52 PM
Dear Attorney Prashanthi Reddy,
Thank you very much for your reply. It helps a lot comforting and relieving tension in the family.
The denial notice is clear on revocation and withdrawl. My previous employer wrote to them one day after I resigned. He did not waste any time in that.
Surprisingly the denial notice is silent on the two RFEs and our replies and evidence submitted. It mentions when the I-140 was filed, approved and then the date my first employer advised them to revoke. And then it says "based on forgoing disccussion it is ordered to deny..."
Once again thanks a lot for your reply.
Thank you very much for your reply. It helps a lot comforting and relieving tension in the family.
The denial notice is clear on revocation and withdrawl. My previous employer wrote to them one day after I resigned. He did not waste any time in that.
Surprisingly the denial notice is silent on the two RFEs and our replies and evidence submitted. It mentions when the I-140 was filed, approved and then the date my first employer advised them to revoke. And then it says "based on forgoing disccussion it is ordered to deny..."
Once again thanks a lot for your reply.
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ronhira
12-19 09:15 AM
History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
more...
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kmk2002
07-02 03:36 PM
There are many EB3 cases going back to 02 which are approvable with I-140 already approved. I am no expert of immi. rules but if point 2 is true, it is a case for further research.
You cannot sue them for any of the above.
1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.
2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.
3) See (2)
You cannot sue them for any of the above.
1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.
2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.
3) See (2)
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chandrajp
06-14 11:12 PM
Hey did you get the receipt notices(485/ead/aos) mailed to you directly from USCIS or it went to your attorney?
EAD and AP receipt notices are mailed to me. I-485 receipt notices are mailed to me. I don't remember receiving I140 receipt notice
EAD and AP receipt notices are mailed to me. I-485 receipt notices are mailed to me. I don't remember receiving I140 receipt notice
more...
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bmeduru11
11-09 01:50 PM
Can you tell me ur category (EB2 or EB3) and RFE received date?
EB2 with Nov'04 priority date
EB2 with Nov'04 priority date
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GCard_Dream
01-04 04:02 PM
On the homepage, just click on "Forum". At the end of that page you'll be able to see all the details.
Is there a place the membership number is shown?
Is there a place the membership number is shown?
more...
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beautifulMind
08-02 06:07 PM
seems like too much trouble
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desi3933
08-28 03:40 PM
internal for who do u work DOS/USCIS u jerk
You must be *so proud* of yourself.
You must be *so proud* of yourself.
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gc_chahiye
08-26 11:22 PM
gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough.
for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).
I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
All the best!
for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).
I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
All the best!
ca_immigrant
08-05 02:10 PM
Thanks for your hard work, hope more and more people come here to sharing their valuable business experience. Let improve business skills together. Thanks your suggestion. Just for my need. I've been listening to this album a bunch recently. Really great. I'll assume this is directed to me since it's right under my post. stainless steel pipe (http://www.steelpipes-china.com/)
what is with the pipe dude ? looks like a spammer....
what is with the pipe dude ? looks like a spammer....
yabayaba
08-19 11:28 AM
Hi,
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
Yes...You could....
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
Yes...You could....
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