indianabacklog
08-06 07:09 AM
My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?
but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to
follow-to-join, then the date on which the derivative will be considered to have sought LPR status for
purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the
derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to
join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted
in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary
within one year of a visa becoming available (i.e., within one year of the case becoming current or petition
approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens
adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the
I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.
I have found this point please have a look and determine if there is a chance?
VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE
JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?
ALSO there is a last hope
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within
a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately
terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A
203(g) termination will be considered a "final determination.")
AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.
WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current
Please correct me.
You do not give the date when the I140 was approved? This is the only thing as I see it that can make a difference. Also, when did you file your I485?
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newbie2020
02-10 09:34 PM
If i am not mistaken We are looking at a legislation which will atleast renew them for few more months....So just as a word of caution it is too early for any assumption that EB4 Religious workers and EB5 is going to completely expire........ Wait 2 more weeks and we will know...
iman.karta
04-16 06:05 PM
The good news is that I found my I-20s inside of a box, buried with some DVDs, cassettes (yes cassettes for cassette player) and random knick knacks! I was literally doing flap jacks after that.
The bad news is that now I have to clean up the mess!
Txh1b and Number30; thanks for the concern and suggestions!
Txh1b: Yes, scan all your I-20s and send it to yourself in your email account. That's what I immediately did.
Now the question is that: how long usually does it take for the response after I submit my evidences? It has to be 60 days or less, but I heard differently. Can anyone help me with that?
The bad news is that now I have to clean up the mess!
Txh1b and Number30; thanks for the concern and suggestions!
Txh1b: Yes, scan all your I-20s and send it to yourself in your email account. That's what I immediately did.
Now the question is that: how long usually does it take for the response after I submit my evidences? It has to be 60 days or less, but I heard differently. Can anyone help me with that?
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lostinbeta
09-06 03:54 PM
Nice links dan, also nice update on the footer, with the beam approaching from the side. I likes again......
more...
dvb123
02-10 06:17 PM
Once these categories are eliminated how can a spill over take place?
pd_recapturing
04-28 08:32 AM
I also exactly same cris email as legal_A_IN_limbo yesterday. My employer revoked my H1B.
Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.
Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.
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bitzbytz
05-12 06:47 PM
waiting...
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chanduv23
09-10 06:51 AM
If people think reversal of bulletin has solved their issues, it is far from truth. From what I understand and based on experience, Ron Hira and his likes will now work on a non reversible damage.
If the immigrant community is still ignorant - God save the community.
If we do not have enough numbers show up at the rally - Ron Hira, Lou Dobbs, Roy Beck and John Miano will start architecting something that is irreversible
If the immigrant community is still ignorant - God save the community.
If we do not have enough numbers show up at the rally - Ron Hira, Lou Dobbs, Roy Beck and John Miano will start architecting something that is irreversible
more...
pappu
09-22 02:07 PM
I'd like to think it was our media campaign letters that did it :)
Yes. We got a lot of interest from reporters due to the letters and press releases members sent. The credit for all media coverage goes to each and every member who participated in the media action item.
Yes. We got a lot of interest from reporters due to the letters and press releases members sent. The credit for all media coverage goes to each and every member who participated in the media action item.
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GC_Geek
10-01 05:52 PM
I already pllued all of my paperwork from attorney.
You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
So, better have a copy of all paprework before..
I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..
You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
So, better have a copy of all paprework before..
I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..
more...
ras
07-15 12:46 PM
I have used AC21 to change jobs
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
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coolvigo
07-12 11:02 PM
Guys,
Looks like a good news here....read following link.....looks like couple ppl have posted that their lawyers advised them to file for 485 in this case :-)
http://www..com/discussion-forums/i485-1/114468227/
:)
Looks like a good news here....read following link.....looks like couple ppl have posted that their lawyers advised them to file for 485 in this case :-)
http://www..com/discussion-forums/i485-1/114468227/
:)
more...
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sbmallik
05-29 10:15 AM
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.
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shana04
05-18 01:05 PM
RFE for Dependent - To show the valid status from day of entery till we filed I 485
One of the supporting document is I-94, but we gave at port of departure.
We have the second I-94 which we received while coming back. Is this copy good enough or do we need to get the second copy.
any body with similar experience please share your thoughts.
Thanks,
Shana
One of the supporting document is I-94, but we gave at port of departure.
We have the second I-94 which we received while coming back. Is this copy good enough or do we need to get the second copy.
any body with similar experience please share your thoughts.
Thanks,
Shana
more...
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Pagal
10-31 12:20 AM
Hello Number30,
For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.
You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.
For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.
You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.
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Mak Valley
01-29 01:15 AM
swarm all the way
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ps57002
10-05 05:09 PM
Thanks tnite for reassurance/hope...really need it :)
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vin13
10-26 01:31 PM
My wife was on H4 earlier and then she coverted her visa into F1 (student). She got I 20 form from school with her, But She doesn't have F1 stamp on her Indian Passport. She got 2 hour halt in Paris.
Does she need French transit visa ??
I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.
Does she need French transit visa ??
I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.
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jkays94
05-17 07:33 PM
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
tigerlibra
09-28 04:31 PM
Would greatly appreciate some advice regarding my fiancee.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
NELLAIKUMAR
02-16 03:20 PM
Hi Nayekal,
I am in the same situation as you. My wife's employment is expected to end in the Middle of March.
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
Can you please share your experience.
Thanks....
I am in the same situation as you. My wife's employment is expected to end in the Middle of March.
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
Can you please share your experience.
Thanks....
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