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  • sriramkalyan
    03-09 03:52 PM
    That when he applies for 485 based on eb2 he has to request for eb3 priority





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  • franklin
    02-10 10:14 PM
    It actually depends what nationality you are, since that CAN mean a huge amount of difference with the speed of getting your greencard through EB3 or EB2.

    I'm in a similar situation, and could apply in the EB2 category, if I decided to change my job, however, I do have a good deal of company loyalty so I am reluctant to do that.

    If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker

    You should eligible for Eb2 by default because of your education unless your current job does not need one..

    It is nothing to do with the individuals education level, a person with a PhD would qualify for an EB3 only, if that was what the job description stated





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  • ilovestirfries
    09-27 06:42 PM
    1. My EAD application status at USCIS website got changed to,

    Current Status: Approval notice sent.

    this morning. My heartfelt thanks to ImmigrationVoice activists for this.

    My spouse's EAD application status still shows as,

    Current Status: Case received and pending.

    In my case, my spouse's application is the derivative application of mine. Any incidence of spouse's EAD case getting stuck while the primary's application going through?

    2. Also, Is EAD approval anyway related/tied to I-485 Application? In that case, it is understandable for my spouse not to see her status changed. Because, her I-485 Applications status is shown as,

    Current Status: Fingerprint fee rejected and notice mailed; case in suspense.

    though we both have already finished our finger printing. Our attorney says, its USCIS's mistake and he has already sent $70(once again) towards her fingerprinting fees to be on the safer side.

    Any information would be helpful.

    Thanks,





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  • Dipika
    12-23 12:18 PM
    Thanks looivy for the details of your exp.
    We would like to know when did you go to Nogales for H1 stamping?

    My Husband had H1B visa stamped from India in 2002 . Then we changed to H4 in 2003, then changed to H1 in 2004 and again changed to H4 in 2005. since then he is on H4 staus.

    i have H1B visa, but my husband doesn't have H4 visa stamp in passport. (He had only H1B visa - expired in passport, when first time came from INDIA). He has H4 approval. He used AP in 2007 to visit india.

    IS my husband eligible to go to Nogales for H4 stamping?

    I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

    At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

    1. Passports (old and new)
    2. The original Notice of Action (Form I-797).
    3. Employment Contract
    4. Labor certification (LCA)
    5. The entire approved petition (I-129)
    6. Original letters verifying your employment history and specific work skills.
    7. Original degree certificates along with mark sheets.
    8. Relevant diplomas or certificates, e.g. computer certification.
    9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
    10. Employment letter from current employer
    11. DS-160
    12. DS-160 confirmation letter with barcode
    13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    15. Payslips
    16. All previous I-797s
    17. Original AP (For your own backup if applicable)
    18. Original EAD (For your own backup if applicable)
    19. I-485 Notice of action
    20. Appointment confirmation printout
    21. Company annual report (if any)
    22. Company's tax returns (if applicable)
    23. Your personal tax returns for last 5 years. He asked for last three years.
    24. Marriage certificate (if applicable)
    25. Take your business card, if you have one
    26. Driver license
    It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

    The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

    Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

    Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

    Hope this was helpful.

    Good luck!



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  • senthil
    02-06 10:59 PM
    good question. i guess you were thinking we both were on AOS stage.

    only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.

    hope this explains. thanks.





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  • akhilmahajan
    10-31 09:00 AM
    4 months from now, there will be another rush for applications for EADs and people will be spending money for it. Everyone will be back on the forums talking about notices and late processing for these applications. Lot of people will have heartburns and their jobs can be in trouble if their EADs do not arrive on time.

    We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)

    The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.

    Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.

    Please dont forget to apply for AP renewal, as if you have to travel, without an AP u will be struck.

    So, make sure EAD & AP Renewals are filed close to each other to be on a safer side.

    Pappu,
    Thanks a lot for bringing it up.
    The question we should be asking is "WHEN WILL OUR WORRIES REGARDING RENEWING EAD & AP FINISH?"

    Folks come on, lets do something about this situation.

    GO IV GO.
    TOGETHER WE CAN.



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  • mnq1979
    10-22 02:36 PM
    Hi,

    I have a question and would really appreciate if some one can provide guidance.

    My brother (currently in USA) got his H1B approved and he plans to go to US embassy in Ottawa to get the visa. We know that the H1B visa can take days to get approved due to administrative processing; therefore, he plans to give the interview to the US embassy and then leave for Pakistan.

    My question is that in how many days my bro has to go back again to US embassy in Ottawa to collect his visa after the embassy informs him that his visa is back from administrative processing and is ready for stamping.

    For example lets say my BRO gives the interview to US embassy on 2nd Dec. and then leaves for Pakistan on 4th Dec (since the actual time of administrative processing is unknown) and now lets say on 15 Dec. the US embassy informs him that his visa is ready and he can come for stamping (collect). So now in how many days my brother has to report to the embassy to get his visa stamp on his passport?

    Does any have any idea about it !!!!
    Thanks





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  • VenuK
    06-15 01:20 PM
    hi,
    Can someone help me with the situation i'm in.
    I had H1B Visa validityfrom X company from 06/2004 - 12/2007.Applied for extension in June 2007. I had
    query on it and i got status update in Feb 2008,stating request for evidence(RFE) documents.
    X company send the documents but got denial on May 2 , 2008. I had 2 options at this point of time
    first one was make an appeal with right documents. second one was to leave the country in 30
    days which i has NOT choosen obviously.
    In the mean time, i have applied for H1-B Transfer with new company with premium processing. Also made appeal with old company (X) , I'm waiting for the decision of appeal. but now, i got
    APPROVAL on my H1-B Transfer with new company.
    I-94 that i have on my passport is with Old company(X) .

    Question is:
    I need to revalidate my visa that was expired in December 2007. I received my H1B extention last week
    when i met Immigration officer close to where i live. she said u r good to travel with new I#94 number (which is same as old one). but without visa how would it be possible.
    Do i really need stamping to go out of US to visit my native country?

    Pls advise. Any answers would be appreciated



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  • kshitijnt
    05-14 07:44 PM
    Dont worry they would not retaliate. I had written highly critical emails back in 2004. Not a problem.





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  • va_il
    12-27 01:49 PM
    With a EB3 PD of July 2002 from IN what can i expect after this May 1st hurdle being crossed.

    Any insight would be appreciated.
    Clueless i guess.



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  • santb1975
    12-10 08:17 AM
    For question 2 - you just have to put a reminder for yourself and make a contribution of 10$ every month to donations at immigrationvoice.org. May be this can be done on par with the rent/ mortgage/ credit card bill/car payment that happens every month

    Hello-

    1) Is it possible to allow minimum ONE TIME contributions like $10?
    2) Is it possible to allow minimum RECURRING contributions like $10?

    When I am talking to my friends, we felt that the above things increase the
    Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.

    If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.

    My Contributions:
    $50 Recurring Contributions from Nov 07.
    Contributed $100 for the DC Rally.
    $25 to the local Northern California Chapter in Oct 07.
    Contributed to AILF $100 during the July visa bulletin time.





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  • sledge_hammer
    02-18 12:08 PM
    If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.

    Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!


    Incorrect.

    As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
    It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

    ______________________
    Not a legal advice.
    US citizen of Indian origin



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  • drona
    10-02 12:45 PM
    Come on So Cal folks. We are meeting in Cerritos, CA this Saturday October 6th at 3pm. Login to our yahoo group for more information.

    http://groups.yahoo.com/group/SC_Immigration_Voice/





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  • mundada
    11-25 11:50 AM
    As per the lawyers I got advice from

    1> F1 is non-immigrant visa unlike H1B which is dual intent visa.

    2> There is very high likelihood of F1 getting rejected at embassy because I have already shown my intent to immigrate by applying for GC. Hence, they suggested I will have to change status to F1 in the US and not leave the US till I complete education and join another firm on H1B. I decided not to go this path because I go to India almost every year.

    3> For reason stated in <1>, I cannot maintain both F1 and GC application. They suggested that I might slip through if I don't get RFE. However, chances of RFE are high when I would be renewing my EAD at the end of 1 year or dates become current as actually happened in July 07. I am happy I did not go this route.

    4> For reason stated in <1>, I can however maintain both H1B and GC. This means if my company agrees to maintain my H1B and GC, I can take unpaid vacation and go to school full-time. I can then come back at the end of semester and work for the company during winter or summer and return to school full-time. I did not think this was feasible.

    I will be completing my "part-time" MBA in May 08 because of the same reason. I have put part-time in quotes because many of my friends finished in 2 years and I will be finishing in two and half years.

    Finally, the above is my personal opinion and experience and I am not a qualified lawyer. Please consult a qualified lawyer about your particular case.



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  • fatjoe
    10-31 12:46 PM
    Didn't they stopped issuing interim EADs half an year ago?

    It was stopped. I went to the local office and found that.





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  • vactorboy29
    02-24 12:51 PM
    Basic purpose of our forum is to create awareness/educate legal Immigrants so that they can get help for there cause at the same time we get some help from them to push forward this movement. Recently we are seeing big inflow of queries because economy is bad our brother and sisters getting in deep trouble.
    How we can voice our concern in this bad time key is to find the solution.
    My thoughts on this................
    1) Get the help from our Indian/Chinese community on all levels like city, state and national level.
    2) We will run advertisement campaign about, who we are and where we stand. This adv. could be air on Lue's show or even on other popular shows...
    3) We need lobbying in congress .I know we have this in this place but we can show our strength through legal Indian/Chinese Immigrant plus Indian/Chinese American citizen then we got big weight in our plate.
    4) To get all of the above and may be more we need Money and Man power to execute this.



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  • tp976
    12-31 01:53 PM
    No FP notice either. Check signatue for more details.

    sept 11 notice date, EAD approved for spouse and me. case transferred to TSC, no FP yet





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  • guyfromsg
    09-09 10:19 PM
    I'm posting this question here since many of the GA members are scheduled to meet the law makers on Tuesday afternoon. Is there a dress code for the meeting i.e. formal suit, shirt and Tie or IV Tshirt is ok?





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  • simple1
    05-11 02:20 PM
    I already did, thanks.

    Kindly note:
    This thread is a question to Lawyer requesting advice from IV forum attorney.

    This is not the original thread for member / donor discussion.
    Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
    Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449#post340449

    http://www.visalaw.com/teleconform.html

    Please post and email this question at the above teleconf..

    I already did.





    Dhundhun
    11-24 05:13 AM
    Nihar, let me understand your problem and explain you, what might be happening?
    #1. You are doing MBA
    #2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
    #3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
    #4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
    #5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
    #6. If you are on dual status, your H1B will start from Jan 2008.
    #7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
    #8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.





    amslonewolf
    04-23 09:59 AM
    Thanks for all the info.. I have a eb3 pd of 5/2002.. So, will be a long wait till my turn..



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