gccovet
05-21 11:23 AM
Hi All,
Last year, my company's lawyer had filed EAD and AP for me. This year, the lawyer is giving me an option to file it myself or pay additional 500 dollars for her to file.
What all supporting documents would I need from my lawyer to file EAD and AP this year. Do I need a copy of pending I-485, approved labor and approved I-140? Any insight would be helpful.
Also, any guidelines on filling EAD and AP online would be helpful. How do you submit supporting material if you e-file?
Thanks.
HI,
Check the following links, you will get all your questions answered.
http://immigrationvoice.org/forum/showthread.php?t=18737
http://immigrationvoice.org/forum/showthread.php?t=19165
http://immigrationvoice.org/forum/showthread.php?t=18940
HTH
GCCovet
Last year, my company's lawyer had filed EAD and AP for me. This year, the lawyer is giving me an option to file it myself or pay additional 500 dollars for her to file.
What all supporting documents would I need from my lawyer to file EAD and AP this year. Do I need a copy of pending I-485, approved labor and approved I-140? Any insight would be helpful.
Also, any guidelines on filling EAD and AP online would be helpful. How do you submit supporting material if you e-file?
Thanks.
HI,
Check the following links, you will get all your questions answered.
http://immigrationvoice.org/forum/showthread.php?t=18737
http://immigrationvoice.org/forum/showthread.php?t=19165
http://immigrationvoice.org/forum/showthread.php?t=18940
HTH
GCCovet
arnet
11-16 12:39 PM
if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
gc_on_demand
10-05 10:50 AM
If they are planing for such process and so confident about passing it soon in 2010 why would they layoff tons of temp and perm trained employees because of 100 Million gap in budget.
I think whole thing is politics. One day Mr President says it will happen , next day Vice President says will not happen ... few days after Senators agrees to introduce by certain date, but does not. Again congress man agrees to introduce but not going to happen. and then all sudden USCIS directors says they are working on it with laying off people.
All these talks are only talks .. There will not be any firm action by this administration or congress.
I think whole thing is politics. One day Mr President says it will happen , next day Vice President says will not happen ... few days after Senators agrees to introduce by certain date, but does not. Again congress man agrees to introduce but not going to happen. and then all sudden USCIS directors says they are working on it with laying off people.
All these talks are only talks .. There will not be any firm action by this administration or congress.
eilsoe
10-22 04:44 PM
AAahhh....
I think I remember something now yes...
I was in that basement... d*mn... then i was close to finding him...
I think I remember something now yes...
I was in that basement... d*mn... then i was close to finding him...
more...
chetanjumani
03-14 02:35 PM
And with a new USCIS leader, it might get his attention, when he/she is trying to learn about what all needs to be taken care of.
immigrationSantosh
02-07 03:29 PM
Could you please advise how do I get the lawyer for this ? Do you know any in specific?
more...
OlgaJ
May 25th, 2005, 06:01 AM
I think the starkness of the Cherry Creek Reservoir area makes it difficult to capture its charm. (I lived 1-2 miles away from there for 24 years.) If I still lived there, I would be concentrating more on the cloud formations (which you don't see in too many places) when using the 17-85 lens. I would also take a couple of shots of the same scene, one metered for the sky and another for the shadow areas and blend them in PS.
Olga
Olga
willIWill
04-30 05:43 PM
Yes one from Mother and one from Father.
You may find a sample by googling.
You may find a sample by googling.
more...
sunny1000
10-14 12:51 AM
My girlfriend is an Australian citizen and I am an Indian citizen.
Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.
Her parents have greencards too.
She believes her greencard was filed for her by her uncle after he got his US Citizenship.
1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )
Does she or does she not have a green card in her hand?
We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.
This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?
2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?
Yes.
I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.
Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?
All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?
3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.
However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.
Not true.
Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?
Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card
4. Are not all greencards created equal?
Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.
5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?
If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.
Any special serial numbers/markings/etc?
I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated
Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.
Read between the lines for answers.
Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.
Her parents have greencards too.
She believes her greencard was filed for her by her uncle after he got his US Citizenship.
1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )
Does she or does she not have a green card in her hand?
We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.
This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?
2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?
Yes.
I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.
Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?
All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?
3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.
However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.
Not true.
Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?
Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card
4. Are not all greencards created equal?
Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.
5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?
If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.
Any special serial numbers/markings/etc?
I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated
Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.
Read between the lines for answers.
priderock
09-01 05:27 PM
Congrads!! you seem to be lucky. I noticed that several other of our regular posters have PDs earlier than you and are still waiting. Why do you say 10 years? your PD is 04 so that makes it 5 years :D:D
I believe they go by RD if the PD is current. My RD is jul 2nd and my application reached them early AM on Jul 2nd.
Thank you all for the congrats !!
I believe they go by RD if the PD is current. My RD is jul 2nd and my application reached them early AM on Jul 2nd.
Thank you all for the congrats !!
more...
chanduv23
03-08 08:48 PM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.
It if definitely interesting to note that eb1 India has so much demand.
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.
It if definitely interesting to note that eb1 India has so much demand.
gckalafda
03-20 11:46 AM
RoseBall,, here is my query..Please answer
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
more...
Blog Feeds
10-30 12:30 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjbGKLjX2ZDyPjn67JvPfE2rv7KKlcfet6Lc9ud4vs0QSgQ6Wu_Gwt1X-qOux-1I2CAdyS_lsRrJbLd_8hL5M3OeZTgrGmlBeQaHAQlr6EOKZexuSwLiPVZzKaoTTSTjhIBm_hqeiJz2tC0/s320/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjbGKLjX2ZDyPjn67JvPfE2rv7KKlcfet6Lc9ud4vs0QSgQ6Wu_Gwt1X-qOux-1I2CAdyS_lsRrJbLd_8hL5M3OeZTgrGmlBeQaHAQlr6EOKZexuSwLiPVZzKaoTTSTjhIBm_hqeiJz2tC0/s1600-h/uscisLogo.gif)
USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."
The Fact Sheet explains that "public charge" means
an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.
The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care
Children's Health Insurance Program (CHIP)
Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
Housing benefits
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
Non cash benefits under TANF such as subsidized child care or transit subsidies
Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
Unemployment compensation is also not considered for public charge purposes.
https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)
USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."
The Fact Sheet explains that "public charge" means
an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.
The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care
Children's Health Insurance Program (CHIP)
Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
Housing benefits
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
Non cash benefits under TANF such as subsidized child care or transit subsidies
Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
Unemployment compensation is also not considered for public charge purposes.
https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)
NKR
08-04 10:18 AM
How about some green dots guys for sharing such a inspirational story...
Sorry dude, I couldn't give you a green though I wanted to because some people gave me a red for speaking the truth and now I need to have some more reputation to give you a green again.
The processing time is different for different cases depending on the time it takes for background processing and all that. I think that is why sometimes we see an earlier case getting processed ahead of a later case, but I just cannot think of a reason why the processing of a 2002 case got delayed.
Sorry dude, I couldn't give you a green though I wanted to because some people gave me a red for speaking the truth and now I need to have some more reputation to give you a green again.
The processing time is different for different cases depending on the time it takes for background processing and all that. I think that is why sometimes we see an earlier case getting processed ahead of a later case, but I just cannot think of a reason why the processing of a 2002 case got delayed.
more...
sumitghaiin
09-18 11:57 PM
Could anyone please let me know from where I could check my H1b-transfer status online ?
Thanks a lot
Thanks a lot
wandmaker
06-10 01:39 AM
I heard I-140 premium processing has been restarted. Is it true?
No
No
more...
dskhabra
01-06 09:42 AM
There will be no movement for EB2I without spill over. It seems this year is the key as the spillover expected is much more than the previous years (based on the pending application numbers). 10K from last year's family based leftover numbers should also go to EB2 I and EB2 C.
Powersa
07-09 09:21 PM
There is a story that all flowers received will be forwarded to injured service members at a medical center.
xu1
08-02 11:35 PM
I believe MS + 2 is good enough if your company supports it and your lawyer is not too conservative in filing (both are important)... I heard the perm is more inclined to reject EB2 than EB3 though. the lawyer needs to therefore prepare a good case.
GCVivek
04-10 01:18 AM
Almost all visitors from most countries need to appear for visa interview before coming to the US. As for the question about the student niece, there are more formalities. DS-160 is the least of them. School must approve and issue a SEVIS form, you have to show lots of documentation to show you can financially support the student or she has funds. I know because I have my niece here who i have sponsored but she is in community college. I suspect for 8th grade to be even more strict. Check with US consulate for requirements of interview in your home country.
shantanup
10-15 11:17 AM
I renewed mine 3 months ago. Texas is a LIBERAL state after all.
Can anybody list the states that check immigration status to renew / issue a driver's license?
Can anybody list the states that check immigration status to renew / issue a driver's license?
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