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InTheMoment
05-26 07:19 PM
First of all when it is visa information it is just that!
Please see answers below
Hi Friends,
I am in the process of filling I-485 form and got the following question, can you please help?
My stamped visa expired 1 year back and I am currently with H1B approval notice. In the 2nd page of I-485 form, under Part 3. Processing Information, I am wondering what I need to fill for the following columns.
1. Nonimmigrant visa number: Is this the EAC number of my current I797 or the visa number from my expired visa?. If it is from the expired visa, there are multiple numbers in the visa stamp, which one is the visa number?
------> The figures in red, not the control number on your
visa stamp.
2.Consulate where visa was issued: Is it the name of the consulate issued my last visa or Department?
------> If it was issued at a consulate state that, if
department mention department.
3.Date visa isssued: Is this is the date of last visa issued or the approval date of my current I797
-----> Again the one on your visa stamp.
Thanks advance for all your valuable suggestions.
Please see answers below
Hi Friends,
I am in the process of filling I-485 form and got the following question, can you please help?
My stamped visa expired 1 year back and I am currently with H1B approval notice. In the 2nd page of I-485 form, under Part 3. Processing Information, I am wondering what I need to fill for the following columns.
1. Nonimmigrant visa number: Is this the EAC number of my current I797 or the visa number from my expired visa?. If it is from the expired visa, there are multiple numbers in the visa stamp, which one is the visa number?
------> The figures in red, not the control number on your
visa stamp.
2.Consulate where visa was issued: Is it the name of the consulate issued my last visa or Department?
------> If it was issued at a consulate state that, if
department mention department.
3.Date visa isssued: Is this is the date of last visa issued or the approval date of my current I797
-----> Again the one on your visa stamp.
Thanks advance for all your valuable suggestions.
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chanduv23
11-18 04:22 PM
Chandu, what if a person has used only 4 out of total 6 years of H1 period. Still it needs stamping?
Yes, unless your h1b comes with a i 94 extension - you have to get it stamped as per my understanding. Only h1b transfers come with i 94 extensions attached. Gurus can correct me if I am wrong
Yes, unless your h1b comes with a i 94 extension - you have to get it stamped as per my understanding. Only h1b transfers come with i 94 extensions attached. Gurus can correct me if I am wrong
leoindiano
01-08 05:21 PM
Just an idea !
Please stress about how you cannot buy a house because your immigrant status is always in limbo and you have plans to buy house as soon as you receive greencard.
Look at the market today. It tanked another 250 points. Give greencards, alleviate mortgage crisis to an extent.
Please stress about how you cannot buy a house because your immigrant status is always in limbo and you have plans to buy house as soon as you receive greencard.
Look at the market today. It tanked another 250 points. Give greencards, alleviate mortgage crisis to an extent.
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Saralayar
01-05 09:37 PM
Yes we can consider that too for our argument. 10 years in another country without citizenship is meaningless (most important part of our life is being spent here).
more...
nuke
09-24 02:58 PM
Current visa bulletin states following.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
Question: What does the line 'Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.' means???
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
Question: What does the line 'Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.' means???
PlainSpeak
04-04 08:04 AM
Yes, because there was no other way I could rack up 2300 minus points. I find this game as silly as it is irritating, but letting them know it doesn't work with me anymore. Yeh unka bachpana ka nishana hei.. They're just being kiddish
You are kidding right. I currently has - 20,000 points. So that would mean 20 k IV members did not like what i stated and yes that is 20 k within a week :D:D:D
You are kidding right. I currently has - 20,000 points. So that would mean 20 k IV members did not like what i stated and yes that is 20 k within a week :D:D:D
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RDB
11-26 01:22 AM
Yup, you got it buddy......my point is more from a general perspective than any individual scenarios........and sledge_hammer.....I am well aware of the risk associated with every investment - I do own a house and am paying monthly mortgage installments even when knowing that my investment is at least 100k under water :)......so I perfectly understand the risk that comes with any investment AND i am not blaming my lender for giving me money - as I said before, I could afford it then and I can afford it now!
I am against this 'nobody saw it coming' and 'too big to fail' business - banks very well knew what was coming and what would it's effect be; they still went ahead and irresponsibly gave out money to people who can't even afford an eat out at Mcdonalds!!!! Nobody should give any bail out to these guys - let them suffer for what they have done; if I am acting responsibly for my deeds (paying monthly installment because I signed up for it) the same should apply to these banks - they should be allowed to fail simply on the fact that they didn't make good business decisions!
From the punjabi's perspective, it is entirely punjabi's fault. Because he knew what he is getting into when he signed the contract. From the public perspective, the banks were stupid to loan money to everthing that moves and later asking for bailout money from tax payers. I think this is what RDB is trying to say.
I am against this 'nobody saw it coming' and 'too big to fail' business - banks very well knew what was coming and what would it's effect be; they still went ahead and irresponsibly gave out money to people who can't even afford an eat out at Mcdonalds!!!! Nobody should give any bail out to these guys - let them suffer for what they have done; if I am acting responsibly for my deeds (paying monthly installment because I signed up for it) the same should apply to these banks - they should be allowed to fail simply on the fact that they didn't make good business decisions!
From the punjabi's perspective, it is entirely punjabi's fault. Because he knew what he is getting into when he signed the contract. From the public perspective, the banks were stupid to loan money to everthing that moves and later asking for bailout money from tax payers. I think this is what RDB is trying to say.
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SunnySurya
08-07 12:33 PM
My simple question to you is are you in or are you out. If I rember correctly, you have masters and in Eb2 line...
If you are in, I want to give you call to discuss the logistics..
Ha ha
If you are in, I want to give you call to discuss the logistics..
Ha ha
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godbless
01-22 02:12 PM
If you really want to be on h1(very safe decision), why don't you leave for a couple of days and re-enter on your H1?
You mean even when my application for h1 extension has already been sent to USCIS?
You mean even when my application for h1 extension has already been sent to USCIS?
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snathan
08-26 01:32 AM
I just talked to one of teleblend rep (live chat on their website, very easy to do and I can do this during lunch time from office). The guy said they are working on something but was not providing any time line or details. I told him to hurryup else I will switch. Looks like we need more teleblend customers contact them to get this done faster. Guess they are waiting to see what effect or how many customers actually switch to vonage. Teleblend must offer $20 world plan in order to stay afloat in competition. I say this as they now offers $15 unlimited us-canada Vs. vonage $25 unlimited us-canada plan so far.
I'm also using teleblend and will call them tomorrow to ask for the deal...Currently their unlimited india plan is $35 + $15 + tax = close to $55.
I'm also using teleblend and will call them tomorrow to ask for the deal...Currently their unlimited india plan is $35 + $15 + tax = close to $55.
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Sri_1975
08-20 11:56 AM
Nice. Whats next.:mad:
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gcisadawg
08-20 02:33 PM
I'm at Oct 2004 (EB3-I), 35 years for me .... you don't say!
No seriously guys, 'spatial' brings up a good point; the laws are up for interpretation by the USCIS.
Man, believe me, I'd be happy to accept that my numbers are incorrect!
Thanks,
gcisadwag
No seriously guys, 'spatial' brings up a good point; the laws are up for interpretation by the USCIS.
Man, believe me, I'd be happy to accept that my numbers are incorrect!
Thanks,
gcisadwag
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bkam
02-04 08:40 AM
There are lots of ideas how to resolve the immigration problem. And this problem has many aspects. The retrogression/GC certification mess is just one of those problems and definitely not the biggest one of the bunch.
If we want to help ourselves (i.e. GC applicants stuck in the backlog centers and retrogression trap), we have to have a clear strategy what to pursue and by what means. In opinion, there are two things which would be helpful to our cause in a short run:
1. Representing our case to the American public via the mass media - one of the participants here clearly indicated that proper presentation of our case by 20/20, 60 min etc would be a great help.
2. Launching a class law suit against the American government about return of Social Security funds to legal aliens who do not became permanent residents and leave the country. Regardless of the reason why they have left the country - this is their money !
I am aware there is no enogh time to organize and complete both events before March 27th but it worth try. And it would be good if the idea of a class law suit "slips" away to the mass media and the lawmakers before this date. Money is a very powerful factor.
And, btw, do not close yourselves in a "race-abused" group (Indians-Chinese-Filipinos) and do not draw a line between this "group" and the rest of the immigrants. It is big mistake - I am from a country that is not in this group and I feel that dividing people by their race is wrong. I am sure that many other like me think this way. Do not help the "race" issue grow, try to exstinguish it...
If we want to help ourselves (i.e. GC applicants stuck in the backlog centers and retrogression trap), we have to have a clear strategy what to pursue and by what means. In opinion, there are two things which would be helpful to our cause in a short run:
1. Representing our case to the American public via the mass media - one of the participants here clearly indicated that proper presentation of our case by 20/20, 60 min etc would be a great help.
2. Launching a class law suit against the American government about return of Social Security funds to legal aliens who do not became permanent residents and leave the country. Regardless of the reason why they have left the country - this is their money !
I am aware there is no enogh time to organize and complete both events before March 27th but it worth try. And it would be good if the idea of a class law suit "slips" away to the mass media and the lawmakers before this date. Money is a very powerful factor.
And, btw, do not close yourselves in a "race-abused" group (Indians-Chinese-Filipinos) and do not draw a line between this "group" and the rest of the immigrants. It is big mistake - I am from a country that is not in this group and I feel that dividing people by their race is wrong. I am sure that many other like me think this way. Do not help the "race" issue grow, try to exstinguish it...
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h1bmajdoor
01-11 06:50 AM
On the real risk of inviting personal attacks, being called Darth Vader of pessimism and negativity etc,
i would humbly request yous guys NOT to mess with AC21 UNLESS you have legitimate grievances, and bad things have happened to you / people know to you because of AC21.
A lot of us have used AC21 and consider this one of the few points in our favour. Please do not make it any worse than it is.
i would humbly request yous guys NOT to mess with AC21 UNLESS you have legitimate grievances, and bad things have happened to you / people know to you because of AC21.
A lot of us have used AC21 and consider this one of the few points in our favour. Please do not make it any worse than it is.
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imm_pro
09-09 02:43 PM
Just finished calling all CA congressmen,so far pretty good response..no NAYs yet..will get to the rest of the list soon..guys please call.Only takes 10 to 15 minutes.
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jayleno
01-13 03:31 PM
Looks like Obmudsman office have acknowledged the problem. Just read this on their site
......
However, the Ombudsman understands that USCIS may deny the Form I-485 in cases of portability (the ability to change jobs) before first issuing a Notice of Intent to Deny in certain limited circumstances. These include, for example, where the beneficiary is ineligible for the benefits of the Form I-485 by statute, or the Form I-140 is withdrawn before the Form I-485 was pending for 180 days........
http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm
Once again a big Thank You to all of the volunteers behind this campaign.
......
However, the Ombudsman understands that USCIS may deny the Form I-485 in cases of portability (the ability to change jobs) before first issuing a Notice of Intent to Deny in certain limited circumstances. These include, for example, where the beneficiary is ineligible for the benefits of the Form I-485 by statute, or the Form I-140 is withdrawn before the Form I-485 was pending for 180 days........
http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm
Once again a big Thank You to all of the volunteers behind this campaign.
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eb3_2004
08-20 03:00 PM
It actually comes down to the language. I haven't read the rollover from EB to FB (if at all it happens), but look at the language for EB1. It talks about regular number + any not used by EB5. The language for EB5 is lost when it trickles down.
Does it mean: 1. EB5 can only be used by Eb1 and not rolled down further?
or
2) Does it mean that any of the EB5 unused numbers that are also not required by Eb1 rolls down to EB2.
If it is choice 1, then I suspect we have no case. If however, it is choice 2, then it is clear through the language that spill over Eb1 goes to Eb2 and EB3 at the same time. If not, based on the language of EB1, Eb3 would have just said "unused numbers of EB2", which means it would use Eb1 numbers only if Eb2 did not need them.
Suggestion to go via AILA is a good one, but do we have contact into AILA??
I feel it is Choice 2 as Choice 1 is not possible..If Choice 1 is the case how is EB5-->EB1-->Eb2 happening now justified???
Also, Is EB1-I/EB1-ROW quota used up every year???If not that has to trickle down to EB2 and EB3 if they change the EB3 allocation interpretation.
Does it mean: 1. EB5 can only be used by Eb1 and not rolled down further?
or
2) Does it mean that any of the EB5 unused numbers that are also not required by Eb1 rolls down to EB2.
If it is choice 1, then I suspect we have no case. If however, it is choice 2, then it is clear through the language that spill over Eb1 goes to Eb2 and EB3 at the same time. If not, based on the language of EB1, Eb3 would have just said "unused numbers of EB2", which means it would use Eb1 numbers only if Eb2 did not need them.
Suggestion to go via AILA is a good one, but do we have contact into AILA??
I feel it is Choice 2 as Choice 1 is not possible..If Choice 1 is the case how is EB5-->EB1-->Eb2 happening now justified???
Also, Is EB1-I/EB1-ROW quota used up every year???If not that has to trickle down to EB2 and EB3 if they change the EB3 allocation interpretation.
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vg1778
10-02 01:45 PM
I didn't get the phone# for USCIS compaint dept. But some one(may be ashres11) posted one phone#18003238603 for DHS. I called that number and it turned out Inspector General office. As i reported earlier. He told me to call regular USCIS 800. I said it's useless. He took some note and asked to call this new number 877-246-8253.
E-mail :
cisombudsman.trends@dhs.gov
joint.intake@dhs.gov
Fax :
202-344-3390
I got the LIN# I-765 from congresswoman office per USCIS reply.
who is cisombudsman.trends@dhs.gov? Is this a name of some person or some department name?
E-mail :
cisombudsman.trends@dhs.gov
joint.intake@dhs.gov
Fax :
202-344-3390
I got the LIN# I-765 from congresswoman office per USCIS reply.
who is cisombudsman.trends@dhs.gov? Is this a name of some person or some department name?
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smitha
07-09 09:37 PM
Nice! So what you're saying is that this creative form of protest is a waste of time, even though Mr. Gonzalez responded to it? And we shouldn't indulge in creatively letting our heart-felt feelings known to a step that can be termed as nothing but injustice, and unfair to all uncocerned.
- Injustice to the hard-working USCIS folks who had to work the weekend before the 4th of July week... (frankly, not the fault of USCIS rank and file, they have our collective sympathies and certainly mine)
- Injustice perhaps to Dept of State and Ms. Condi Rice who had to answer the ridiculous questions when DoS was going about its work as normal, or so it seems
- Injustice to all of us waiting in line of course, for having been given the glimmer of hope of being able to file for an AOS (frankly, a lot of us don't care as much about the eventual approval of I-485 as we do about the ability to file for it when the visa bulletin was announced as current... it's about getting done with the last step, and most importantly being able to get the interim benefits of EADs particularly for our spouses, AP to travel freely, and most importantly the benefits of AC21 portability... ).
Yes, that's an option - suggested by your inaction - do nothing, and take what you get.
Or we can let the world know about this injustice, and hope for a fair hearing on the issue (rather than having it ignored completely), by at least getting a shot at getting the ability to file pursuant to the original July visa bulletin.
Perhaps you were'nt on the same roller coaster ride we were put through these past few weeks since June 13th, or perhaps you don't care enough.
Either way, it doesn't make sense to dissuade the majority from pursuing their creative forms of protest - at least for Mr. M. K. Gandhi's sake and ideals.... :)
Even if we're asked to pay the higher filing fees that would come into effect on June 30th (which is what this was all about anyways, as it seems... ), it will a good solution for a lot of us. USCIS accepting the applications as they've been filed with current filing fees would be golden...
Dude, where's my EAD + AP + AC21 portability? :)
jazz
This is just a message to 2005/2006/2007 PD guys. Please don't think that some miracle will happen and dates will be current soon, it will take its own time. Mostly for EB2 & EB3June 2006- June 2007 guys, it will be like a lottery if the PD becomes current somewhere in 2007 Oct-Nov time. Right??
So life is not always easy. There are people waiting since 2002-03-04.
Don't think that life is not a FIFO always.
Why some of the guys became violent when I said, INDIA IS GREAT???
Guys.. do you know why I always feel like this???
As my parents,in laws and most of my relatives stay there. Not only mine, allmost all guys who are in the IV, they must have parents and relatives in India for sure. There is no other reason why I said India is great.
Someone asked me to pack up... YES, I will if nothing happens;however, I will be waiting to see the progress for sure. This is July. Let's have a look over OCT bulletin after 2 months and for sure dates will move atleast 4-6 months for EB2 guys and 1 year for EB3 guys. So wait, be patient, instead of doing all this.
Anyway, our turn will come sooner or later, so why to become impatient just seeing the JULY bulletin CURRENT and then "U".
Mainly this is the message for 2005-2006-2007 PD guys. Please don't take it otherwise.
- Injustice to the hard-working USCIS folks who had to work the weekend before the 4th of July week... (frankly, not the fault of USCIS rank and file, they have our collective sympathies and certainly mine)
- Injustice perhaps to Dept of State and Ms. Condi Rice who had to answer the ridiculous questions when DoS was going about its work as normal, or so it seems
- Injustice to all of us waiting in line of course, for having been given the glimmer of hope of being able to file for an AOS (frankly, a lot of us don't care as much about the eventual approval of I-485 as we do about the ability to file for it when the visa bulletin was announced as current... it's about getting done with the last step, and most importantly being able to get the interim benefits of EADs particularly for our spouses, AP to travel freely, and most importantly the benefits of AC21 portability... ).
Yes, that's an option - suggested by your inaction - do nothing, and take what you get.
Or we can let the world know about this injustice, and hope for a fair hearing on the issue (rather than having it ignored completely), by at least getting a shot at getting the ability to file pursuant to the original July visa bulletin.
Perhaps you were'nt on the same roller coaster ride we were put through these past few weeks since June 13th, or perhaps you don't care enough.
Either way, it doesn't make sense to dissuade the majority from pursuing their creative forms of protest - at least for Mr. M. K. Gandhi's sake and ideals.... :)
Even if we're asked to pay the higher filing fees that would come into effect on June 30th (which is what this was all about anyways, as it seems... ), it will a good solution for a lot of us. USCIS accepting the applications as they've been filed with current filing fees would be golden...
Dude, where's my EAD + AP + AC21 portability? :)
jazz
This is just a message to 2005/2006/2007 PD guys. Please don't think that some miracle will happen and dates will be current soon, it will take its own time. Mostly for EB2 & EB3June 2006- June 2007 guys, it will be like a lottery if the PD becomes current somewhere in 2007 Oct-Nov time. Right??
So life is not always easy. There are people waiting since 2002-03-04.
Don't think that life is not a FIFO always.
Why some of the guys became violent when I said, INDIA IS GREAT???
Guys.. do you know why I always feel like this???
As my parents,in laws and most of my relatives stay there. Not only mine, allmost all guys who are in the IV, they must have parents and relatives in India for sure. There is no other reason why I said India is great.
Someone asked me to pack up... YES, I will if nothing happens;however, I will be waiting to see the progress for sure. This is July. Let's have a look over OCT bulletin after 2 months and for sure dates will move atleast 4-6 months for EB2 guys and 1 year for EB3 guys. So wait, be patient, instead of doing all this.
Anyway, our turn will come sooner or later, so why to become impatient just seeing the JULY bulletin CURRENT and then "U".
Mainly this is the message for 2005-2006-2007 PD guys. Please don't take it otherwise.
gc_vbin
04-01 12:48 PM
I too had similar thoughts.. why would CIS/DOS stop keeping buffers? Is there any particular reason? Once they complete all 7/2007 applications I think it makes sense to move the date for a few months so they can accept applications. Also, remember there will be new monthly quota getting allocated to all categories. So to use those numbers should they not be progressing dates?
Rodnyb,
The below number is depressing, however dont you think DOS/USCIS always believe in keeping buffer and they may push the dates somewhere into 2009 just to accept 485 filings?
Why do think they will stop keeping any buffer?
[QUOTE=rodnyb;2494192]Teddy, I agree some of your data. Mine would be (90% confidence level)
0 pass 09/31/2007
Rodnyb,
The below number is depressing, however dont you think DOS/USCIS always believe in keeping buffer and they may push the dates somewhere into 2009 just to accept 485 filings?
Why do think they will stop keeping any buffer?
[QUOTE=rodnyb;2494192]Teddy, I agree some of your data. Mine would be (90% confidence level)
0 pass 09/31/2007
MCQ
11-12 12:18 PM
For more information, we went to visit our home country and re-entered from JFK with no issue twice after 2004. We got H4 tranfered, EAD advanced Payrole too with no issue al all. Looks like "nunc pro tunc" is the solution according to Murthy. Anybody has experience with "nunc pro tunc" please post your experience. http://www.murthy.com/news/n_nunpro.html
gc4me - I have experience using "nunc pro tunc" - and it saved my I-485 (AC21).
I had just come back from vacation (09/01) and the Officer at the POE stamped my I-94 with the date on my visa (11/01), instead of the date of my then H1-B extension I-797 approval notice (03/03) which I had with me.
I explained to her she had stamped the wrong date, she said that was all I was allowed. I tought this wrong so mentioned it my attorney when I got home. My attorney confirmed that the POE Officer was wrong - so drafted a letter for me to take to my local INS Office to get the card corrected - along with one of her paralegal assistants. The Officer at the INS office took one look at the letter and supporting documents and told me I was ok as the I-797 had me covered to 2003. The paralegal then typed up a eport of the meeting with the INS, saying everything was ok, and we thought that was the end of the matter.
How wrong we were.
I next left the US to go on vacation in November 2002. By this time I had renewed my visa through the now non-existant Department of State mail in program, got my Labour Certificate, my I-140 and had filed my I-485. The issue of my erroneously stamped I-94 was a distant memory and I had no trouble getting back into the US with the new Visa, and my I-797.
The following Februaury my company ran into some problems and I was let go. Luckily I had passed the magic 180 days so was able to invoke AC21 and went to find a new job, which I did. My new employers were quite happy to take over the GC sponsorship as all they had to do was send a letter to the now USCIS and work with their lawyers.
That's where the trouble started. USCIS got the letter, put it on my file and started their review of my I-485.
They then sent me an RFE asking me to prove I had been here legally between the expiration of my old I-94 in 11/01 and when I submitted the I-485 in July 2002. (I-485 for AOS can only be submitted if you are legally in the US at time of submittal). I was devastated as it looked as though they were going to deny my I-485 due to an INS mistake.
As it was more than 365 days from when my I-94 "Expired" till I left on my next trip, I was looking at deportation and a 10 year ban from the United States.
Luckily it is a good thing I am a pack rat and keep every bit of correspondance between me and my lawyers. I was able to go to my new lawyers with the info and statements from my old lawyers about what had happened back in 2001 with the INS and my I-94 and after getting Sworn Affadavits (on pain of Perjury) from my old lawyer, paralegal and myself, we went to the local USCIS office and made an appointment with the Director and asked for a "Nunc pro Tunc" decision on the I-94 as it was clearly an INS mistake and that we had acted in Good Faith throughout in trusting the INS official.
We got the "Nunc pro Tunc" and responded to the RFE. Six weeks after that - I got the I-485 Approval notice and my passport stamped the week after.
The things for anyone to take away from my experience are.
1. When you realize a mistake has been made - act on it immediately - like I did as soon as I left the airport on September 2001
2. Document everything - to prove that you acted in Good Faith throughout the process.
Every conversation you have with someone relating to your case - your employer, your lawyer, the USCIS - get the main points in writing - email is graet for this - fire off an email - get confirmation (ok - not so helpful when talking to USCIS)
3. Keep EVERYTHING. take photocopies of I-94's, I-797's - everything. Every letter, every email. You never know when you'll need them.
4. Yes, the Government really does know where everything is in your file and they will catch even the smallest mistake.
Hope that helps you gc4me. If you can prove you acted in Good Faith throughout the whole process from finding the mistake and trying to correct it - your chances of getting the "nunc pro tunc" go up.
GOOD LUCK
gc4me - I have experience using "nunc pro tunc" - and it saved my I-485 (AC21).
I had just come back from vacation (09/01) and the Officer at the POE stamped my I-94 with the date on my visa (11/01), instead of the date of my then H1-B extension I-797 approval notice (03/03) which I had with me.
I explained to her she had stamped the wrong date, she said that was all I was allowed. I tought this wrong so mentioned it my attorney when I got home. My attorney confirmed that the POE Officer was wrong - so drafted a letter for me to take to my local INS Office to get the card corrected - along with one of her paralegal assistants. The Officer at the INS office took one look at the letter and supporting documents and told me I was ok as the I-797 had me covered to 2003. The paralegal then typed up a eport of the meeting with the INS, saying everything was ok, and we thought that was the end of the matter.
How wrong we were.
I next left the US to go on vacation in November 2002. By this time I had renewed my visa through the now non-existant Department of State mail in program, got my Labour Certificate, my I-140 and had filed my I-485. The issue of my erroneously stamped I-94 was a distant memory and I had no trouble getting back into the US with the new Visa, and my I-797.
The following Februaury my company ran into some problems and I was let go. Luckily I had passed the magic 180 days so was able to invoke AC21 and went to find a new job, which I did. My new employers were quite happy to take over the GC sponsorship as all they had to do was send a letter to the now USCIS and work with their lawyers.
That's where the trouble started. USCIS got the letter, put it on my file and started their review of my I-485.
They then sent me an RFE asking me to prove I had been here legally between the expiration of my old I-94 in 11/01 and when I submitted the I-485 in July 2002. (I-485 for AOS can only be submitted if you are legally in the US at time of submittal). I was devastated as it looked as though they were going to deny my I-485 due to an INS mistake.
As it was more than 365 days from when my I-94 "Expired" till I left on my next trip, I was looking at deportation and a 10 year ban from the United States.
Luckily it is a good thing I am a pack rat and keep every bit of correspondance between me and my lawyers. I was able to go to my new lawyers with the info and statements from my old lawyers about what had happened back in 2001 with the INS and my I-94 and after getting Sworn Affadavits (on pain of Perjury) from my old lawyer, paralegal and myself, we went to the local USCIS office and made an appointment with the Director and asked for a "Nunc pro Tunc" decision on the I-94 as it was clearly an INS mistake and that we had acted in Good Faith throughout in trusting the INS official.
We got the "Nunc pro Tunc" and responded to the RFE. Six weeks after that - I got the I-485 Approval notice and my passport stamped the week after.
The things for anyone to take away from my experience are.
1. When you realize a mistake has been made - act on it immediately - like I did as soon as I left the airport on September 2001
2. Document everything - to prove that you acted in Good Faith throughout the process.
Every conversation you have with someone relating to your case - your employer, your lawyer, the USCIS - get the main points in writing - email is graet for this - fire off an email - get confirmation (ok - not so helpful when talking to USCIS)
3. Keep EVERYTHING. take photocopies of I-94's, I-797's - everything. Every letter, every email. You never know when you'll need them.
4. Yes, the Government really does know where everything is in your file and they will catch even the smallest mistake.
Hope that helps you gc4me. If you can prove you acted in Good Faith throughout the whole process from finding the mistake and trying to correct it - your chances of getting the "nunc pro tunc" go up.
GOOD LUCK
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