ChangeIsNeeded
08-25 01:45 PM
Hi! I hope this is the right place to post this. If not, can you please tell me where it should be posted?
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
wallpaper After Braces 5
I_need_GC
10-27 01:25 PM
We had filed AC21 for one our consultants it was $1000 atty fee, no filing fee
shreekhand
02-22 09:33 AM
:) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.
2011 Orthodontic Therapy: A New
gondalguru
07-08 08:16 PM
Depends on whether your I-140 is approved or still pending.
Here what I think.
Lets assume your I-140 is approved.
Remember GC is based on future employment.
Now if AILF wins lawsuite and USCIS accept your application you will get receipt date of July 2007. Your I-485 is not going to get processed in 6 months. It is surely not going to get adjudicated in 6 months. By Jan - Feb 2008 you will be able to invoke AC21 and change your intent and still be able to get your I-485 adjudicated. This all you can do working for a company other than the one who filed your I-140 / 485.
Only risk here is that if USCIS processes your case in first 6 months and send you a RFE for a current Employment verification letter / paystubs. But again chances of this thing happening is rare and remote given the numbers of I-485 petitions they will receive in July 2007.
my 2 cents.
This is my personal opinion and Its always better to get an advise from a good immigration lawyer.
Here what I think.
Lets assume your I-140 is approved.
Remember GC is based on future employment.
Now if AILF wins lawsuite and USCIS accept your application you will get receipt date of July 2007. Your I-485 is not going to get processed in 6 months. It is surely not going to get adjudicated in 6 months. By Jan - Feb 2008 you will be able to invoke AC21 and change your intent and still be able to get your I-485 adjudicated. This all you can do working for a company other than the one who filed your I-140 / 485.
Only risk here is that if USCIS processes your case in first 6 months and send you a RFE for a current Employment verification letter / paystubs. But again chances of this thing happening is rare and remote given the numbers of I-485 petitions they will receive in July 2007.
my 2 cents.
This is my personal opinion and Its always better to get an advise from a good immigration lawyer.
more...
frostrated
08-05 03:07 PM
Thanks frostrated. When I said CPT I actually meant STEM Extension (17 month). Anyways, if I don't find employment before my OPT expires, can I go to back to school without an issue? I think I should be okay but I just wanted to make sure. I would appreciate it if I got any input on this matter. I need to double check myself to make sure I'm on a legal status
Yes, you can go back to school. But you also need to find out if you were in violation of your status. On OPT, you cannot stay without working for more than a set period of days.
Though that is rarely enforced, it is good to keep in mind.
You can get an OPT only once per degree level. So, if you got your OPT for a master's level program, you cannot get another OPT for a master's level degree. You can get one for the Phd though. So keep that in mind when you go back to school.
Yes, you can go back to school. But you also need to find out if you were in violation of your status. On OPT, you cannot stay without working for more than a set period of days.
Though that is rarely enforced, it is good to keep in mind.
You can get an OPT only once per degree level. So, if you got your OPT for a master's level program, you cannot get another OPT for a master's level degree. You can get one for the Phd though. So keep that in mind when you go back to school.
sunny1000
01-13 09:09 PM
Here are the 2 orgs that I donated money.
American Red Cross (http://www.redcross.org)
www.salvationarmyusa.org (their online donations page is a little slow).
Request fellow IVans to donate generously to relief efforts. Thoughts and prayers are with the victims and their families.
American Red Cross (http://www.redcross.org)
www.salvationarmyusa.org (their online donations page is a little slow).
Request fellow IVans to donate generously to relief efforts. Thoughts and prayers are with the victims and their families.
more...
sw33t
07-29 10:42 PM
If you are from Texas, please join the Yahoo Groups for the Texas State Chapter of ImmigrationVoice.
http://groups.yahoo.com/group/texasiv
We have some exciting stuff happening and want every texas member to be a proud ImmigrationVoice member and take part in it.
If you are not from Texas, please Bump this thread so people from texas can see it.
Thank you.
http://groups.yahoo.com/group/texasiv
We have some exciting stuff happening and want every texas member to be a proud ImmigrationVoice member and take part in it.
If you are not from Texas, please Bump this thread so people from texas can see it.
Thank you.
2010 Orthodontic Treatment: Case 2
mambarg
08-03 04:42 PM
Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another
more...
hibworker
09-15 03:13 PM
Its a typo... they copy - pasted EB3-C dates.
hair Orthodontics - Before and
vactorboy29
11-29 11:43 AM
Hello experts,
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
If he is in states then he can apply for new passport .For FP Notice he can just walk in to office get FP done on that day provided he has copy or A number with him .
Apply for duplicate copy of H1B approval ,I think it cost @ 200 - 300 $
2.The lost passport includes the old passport with old visa in it.
Get duplicate copy of h1b and go outside usa and get visa stamp on new passport.
Can you please throw some light as to what are his options.
Thanks & Regards
Just my 2 cents...
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
If he is in states then he can apply for new passport .For FP Notice he can just walk in to office get FP done on that day provided he has copy or A number with him .
Apply for duplicate copy of H1B approval ,I think it cost @ 200 - 300 $
2.The lost passport includes the old passport with old visa in it.
Get duplicate copy of h1b and go outside usa and get visa stamp on new passport.
Can you please throw some light as to what are his options.
Thanks & Regards
Just my 2 cents...
more...
priya.r
12-24 01:30 PM
Hello,
Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.
The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.
If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?
Should the increase happen on October 1st 2010 when the H1B kicks in,
or should the increase happen when the H1B gets approved ( between april - october )
or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?
or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010
I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).
Hoping for your valuable replies as soon as possible.
Thanks
Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.
The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.
If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?
Should the increase happen on October 1st 2010 when the H1B kicks in,
or should the increase happen when the H1B gets approved ( between april - october )
or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?
or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010
I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).
Hoping for your valuable replies as soon as possible.
Thanks
hot View Before and After Photosgt;
alex05
04-05 09:27 AM
what is the 2nnd RFE about? Is it related to the first one?
more...
house Facing races with a little
casper21
11-07 07:42 PM
Hi All,
I have a situation where I can not find proper information and would like to ask all the experts in this column.
I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.
- Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
- If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?
Thank you!
:)
I have a situation where I can not find proper information and would like to ask all the experts in this column.
I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.
- Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
- If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?
Thank you!
:)
tattoo Braces and orhodontist 91007
PDOCT05
07-23 01:04 PM
I am from Des Moines,IA. I am a member since July'2007.
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pictures What do invisible races look
prioritydate
12-31 01:34 PM
Where is the poll?
dresses Orthodontic treatment
priti8888
08-02 11:56 AM
My cousin is and was in very good terms with employer. He talked to the manager and the HR and managed to change position but not the title(on paper). If you think your PD is light years away , you can convince your company to do the same. My cousin made sure that the HR is well aware of this in case they get an RFE. If you wish, then 6 months before you think u'll get your GC-- switch to Technical position to be safe...
All this is an issue only if you get an RFE.
There is always a risk though
All this is an issue only if you get an RFE.
There is always a risk though
more...
makeup Another comparison - Before
aim-high
03-25 08:34 AM
Hi
Thanks for your reply.
See according to the consulate, they say the following
passport or travel document valid for at least three months after visa expiry date
In this case, they mean the schengen visa expiration date. For example, if I am travelling from April 1 to April 20th, they will give me visa only upto April 20th. They want my AP to have expiration atleast 3 months from April 20th (which will be July 20th) but my AP is expiring on April 10th.
Thanks for your reply.
See according to the consulate, they say the following
passport or travel document valid for at least three months after visa expiry date
In this case, they mean the schengen visa expiration date. For example, if I am travelling from April 1 to April 20th, they will give me visa only upto April 20th. They want my AP to have expiration atleast 3 months from April 20th (which will be July 20th) but my AP is expiring on April 10th.
girlfriend Paisley – efore and after
baburob2
02-13 05:35 PM
Hi
Can someone provide me a good CPA who assists in the formation of the corporation in Southern CA , Orange county and also assists in preparation of the business tax?
Can someone provide me a good CPA who assists in the formation of the corporation in Southern CA , Orange county and also assists in preparation of the business tax?
hairstyles Before and After - Braces
djmaddy
03-24 10:03 PM
Nice pencils! Is this graphite?!
waitingnwaiting
11-18 04:26 PM
Should out of status H1Bs be locked up or deported... - Dice Discussions (http://community.dice.com/t5/Tech-Market-Conditions/Should-out-of-status-H1Bs-be-locked-up-or-deported/td-p/196283)
H1B Immigrants are fighting with each other on websites and here antis are discussing this
H1B Immigrants are fighting with each other on websites and here antis are discussing this
k_usa
07-12 03:48 PM
Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)
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