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  • I-485 a few questions

    Hello,

    I have a few questions and hope someone can answer. The questions are regarding my2 good friends who unfortunately don't speak English so they can't register here:

    1. If Mr. AB has a PERM approved in October 2006, he is still legal (B-2 Visa), he submitted I-485/I-140 on June 25, 2007, at this time his Eb-3 visa was not current (became current in July) however Mr. AB was told by the lawyer that DHS must accept his applications even in June because Visa Bulletin for July was announced. Is this correct? Or his applications will be returned? The checks that were sent to DHS haven't been cashed yet. No Notice of Action was received. He called his lawyer today and the lawyer says they are not going to return his package because my friend is definitely eligible to adjust his status. Do you think it's correct?

    2. Mr. XZ is under 245(i). His wife as well as their son, too. What kind of proof can he send to DHS to prove that he was present in the US on December 21, 2000? Tax return is enough? Or maybe the approval of extension of their tourist visa that they got until May 2001? It's hard to find anything with the date December 21, 2000.

    3. Is it required to send a letter from Mr. XZ company that they still need him? He has been working form them for 3 years, I-140 was approved 2 weeks ago (premium processing) with no Request for Evidence. He sent copies of his employment offer, checks etc.


    Thanks so much.

  • #2
    Hello,

    I have a few questions and hope someone can answer. The questions are regarding my2 good friends who unfortunately don't speak English so they can't register here:

    1. If Mr. AB has a PERM approved in October 2006, he is still legal (B-2 Visa), he submitted I-485/I-140 on June 25, 2007, at this time his Eb-3 visa was not current (became current in July) however Mr. AB was told by the lawyer that DHS must accept his applications even in June because Visa Bulletin for July was announced. Is this correct? Or his applications will be returned? The checks that were sent to DHS haven't been cashed yet. No Notice of Action was received. He called his lawyer today and the lawyer says they are not going to return his package because my friend is definitely eligible to adjust his status. Do you think it's correct?

    2. Mr. XZ is under 245(i). His wife as well as their son, too. What kind of proof can he send to DHS to prove that he was present in the US on December 21, 2000? Tax return is enough? Or maybe the approval of extension of their tourist visa that they got until May 2001? It's hard to find anything with the date December 21, 2000.

    3. Is it required to send a letter from Mr. XZ company that they still need him? He has been working form them for 3 years, I-140 was approved 2 weeks ago (premium processing) with no Request for Evidence. He sent copies of his employment offer, checks etc.


    Thanks so much.

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Kira_NJ:
      Hello,

      I have a few questions and hope someone can answer. The questions are regarding my2 good friends who unfortunately don't speak English so they can't register here:

      They should start not for forums but beyond.

      1. If Mr. AB has a PERM approved in October 2006, he is still legal (B-2 Visa), he submitted I-485/I-140 on June 25, 2007, at this time his Eb-3 visa was not current (became current in July) however Mr. AB was told by the lawyer that DHS must accept his applications even in June because Visa Bulletin for July was announced. Is this correct? Or his applications will be returned? The checks that were sent to DHS haven't been cashed yet. No Notice of Action was received. He called his lawyer today and the lawyer says they are not going to return his package because my friend is definitely eligible to adjust his status. Do you think it's correct?

      The USCIS may or may not accept it. The lawyer played a wild judgment call in June: fine if so and sorry if not. But he's in luck because if it's rejected, he can refile it within the new filing window from July 18th till August 17th.

      2. Mr. XZ is under 245(i). His wife as well as their son, too. What kind of proof can he send to DHS to prove that he was present in the US on December 21, 2000? Tax return is enough? Or maybe the approval of extension of their tourist visa that they got until May 2001? It's hard to find anything with the date December 21, 2000.

      How about their Forms I-94? It may be hard to provide documents dated exactly December 21, 2000, but how about before that date?

      3. Is it required to send a letter from Mr. XZ company that they still need him? He has been working form them for 3 years, I-140 was approved 2 weeks ago (premium processing) with no Request for Evidence. He sent copies of his employment offer, checks etc.

      If it's not submitted with the I-485, it's routinely being asked. Why make that an RFE trigger?

      Thanks so much. </div></BLOCKQUOTE>

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Kira_NJ:
        Hello,

        1. If Mr. AB has a PERM approved in October 2006, he is still legal (B-2 Visa), he submitted I-485/I-140 on June 25, 2007, at this time his Eb-3 visa was not current (became current in July) however Mr. AB was told by the lawyer that DHS must accept his applications even in June because Visa Bulletin for July was announced. Is this correct? Or his applications will be returned? The checks that were sent to DHS haven't been cashed yet. No Notice of Action was received. He called his lawyer today and the lawyer says they are not going to return his package because my friend is definitely eligible to adjust his status. Do you think it's correct?

        Yes your lawyer is correct. The revised bulletin allow every one to file based on June visa bulletine till August 17th as USCIS open the flood gate for July and revsered it back. This was questioned due to this unprecendented action and reverted back by USCIS by a revised August bulletin.

        3. Is it required to send a letter from Mr. XZ company that they still need him? He has been working form them for 3 years, I-140 was approved 2 weeks ago (premium processing) with no Request for Evidence. He sent copies of his employment offer, checks etc.

        It will be nice, if his company could able to provide such a letter. This will substantiate that the intent for sponsering his job is "Permanent" and they do need him in a long run.

        Thanks so much. </div></BLOCKQUOTE>

        PS: I do not know anything regarding 245(i) cases and could not comment for your question 2.

        Comment



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