pappu
01-07 07:18 PM
http://immigrationvoice.org/
Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
Contact your chapter leaders for various state chapter action items.
Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
Contact your chapter leaders for various state chapter action items.
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clif
07-29 08:10 AM
Two other issues could be:
1. You will not be able to travel on student visa. If you enter US on student visa, it is considered as abandonment of I-485 application.
2. You need recent salary statements for EAD renewal every year.
1. You will not be able to travel on student visa. If you enter US on student visa, it is considered as abandonment of I-485 application.
2. You need recent salary statements for EAD renewal every year.
Dipika
11-25 12:43 PM
Hi, is anyone planning for H1b stamping at Tijuana mexico on 30th November. If so, please contact and we shall plan together. I am in LA area. Thanks!
Did you last stamped in Tijuana? Because Rule is just changed.
NEW RULE:
http://www..com/experience/readentries.do?category=22
You can have H1B stamping in Tijuana, only if you had last stamped in Tijuana.
Did you last stamped in Tijuana? Because Rule is just changed.
NEW RULE:
http://www..com/experience/readentries.do?category=22
You can have H1B stamping in Tijuana, only if you had last stamped in Tijuana.
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pbojja
03-30 07:57 PM
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
more...
gcwanted101
09-02 08:44 AM
I wanted both Approval notice and Application(ETA-750), please tell me how to make this request?
you can mention what all you need in your application. go to the link (http://www.uscis.gov/files/form/g-639.pdf) and www.uscis.gov/foia (http://www.uscis.gov/foia)
You can find all detail.
you can mention what all you need in your application. go to the link (http://www.uscis.gov/files/form/g-639.pdf) and www.uscis.gov/foia (http://www.uscis.gov/foia)
You can find all detail.
qualified_trash
11-14 08:01 PM
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
as it is clear from this post of yours, and reading your first post again, your LC conversion from regular LC to a RIR LC was rejected. does not mean your LC has been rejected and it definitely means that you do retain your PD.
while it is certainly painful for you, it definitely is not as bad as our reaction to your first post made it out to be...... so hang in there!!
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
as it is clear from this post of yours, and reading your first post again, your LC conversion from regular LC to a RIR LC was rejected. does not mean your LC has been rejected and it definitely means that you do retain your PD.
while it is certainly painful for you, it definitely is not as bad as our reaction to your first post made it out to be...... so hang in there!!
more...
milind70
11-03 12:54 PM
From first hand experiences of fellow friends and collegues who tried to extend the visitors visa for their parents or their in laws ,99 percent of the time they have been denied reentry . I personally know a case where a friends mother in law successfully extended her stay for another 3 months after initial grant of 6 months. After that vist she was denied reentry for 3 times atleast that i know of. One thing here is to note that whether to grant entry or not is in the hands of the IO at POE. By extending your stay plants seeds of doubts about overstay. Also medical reasons and taking care of child are not considered strong reason for extension unless the medical condition is very serious
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amitkhare77
10-08 10:38 AM
If the JOB requires EB2 then you can file EB2 and not because your qualification/experience is equivalent to EB2. If your company can prove why you are the best suited for this JOB which is EB2 category, there should not be any problem. Given the circumstances - filing EB3 will be a safe bat.
Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...
Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...
more...
dkshitij
02-07 01:38 PM
The video can be found at Immigration Policy - C-SPAN Video Library (http://www.c-spanvideo.org/program/ImmigrationPolicy19)
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enthu999
03-27 01:40 AM
Just an idea, if emails or letters doesn't reach Obama...may be IV should consider an open letter to Obama,Congress and Senate by buying space in major news papers
and suggesting the obvious economic benefits(buying homes, home renovations, buying durable goods etc) of speeding legal immigration.
and suggesting the obvious economic benefits(buying homes, home renovations, buying durable goods etc) of speeding legal immigration.
more...
joshraj
10-13 04:32 PM
Atlast something is happening :)
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milmuk
07-23 11:24 AM
Hi,
I am planning to renew my AP while in India. What is the procedure to do this?
My details :
Applied for H1 transfer - Dec 15,2008 - normal category -still pending
Ap - valid till Nov 2009
EAD - valid till Nov 2010.Using AC21 for working with the present employer.
I came back to India in March, after completing the project.
My present employer wants me to come to the US only when I have a project in hand.
Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.
In this scenario, I am still not sure, if coming back to US will be a good option or not.
But I may need to come if the AP renewal is not possible from India.
In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?
Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
I am not very confortable with this situation.
I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
Can you give me some guidence on this?
I am planning to renew my AP while in India. What is the procedure to do this?
My details :
Applied for H1 transfer - Dec 15,2008 - normal category -still pending
Ap - valid till Nov 2009
EAD - valid till Nov 2010.Using AC21 for working with the present employer.
I came back to India in March, after completing the project.
My present employer wants me to come to the US only when I have a project in hand.
Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.
In this scenario, I am still not sure, if coming back to US will be a good option or not.
But I may need to come if the AP renewal is not possible from India.
In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?
Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
I am not very confortable with this situation.
I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
Can you give me some guidence on this?
more...
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bingl
04-15 11:47 PM
My Driving license is expiring soon (the day my I94 expires ) ....I have been on H4 till now ....but my husband is on EAD now . When I went to renew my license they asked me to get EAD since my I94 will expire soon . Is that the only way to renew ? Can I file for AP and use that, since I will have to travel to India anyways ?
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sintax321
09-04 03:32 PM
You are right that picture explains everything=)
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americandesi
08-11 03:44 PM
I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let’s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let’s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?
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maverick_iv
11-27 02:03 PM
There were two ways to substitute a labor. One by applying for an I-140 with an approved labor certification. Another way was to substitute the beneficiary name in a pending labor certification application. Maybe thats what the company lawyer did.
For the latter, I am not sure if one needs the beneficiary's signature to do so. One way to check is to ask the company's lawyer for the case number and you could check the status. If the labor is pending with one of the BECs you could request for a screenshot of the case status and that would have the beneficiary's name. But since the BECs are being phased out, I am not sure if they still honor status requests.
My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
Thank you
For the latter, I am not sure if one needs the beneficiary's signature to do so. One way to check is to ask the company's lawyer for the case number and you could check the status. If the labor is pending with one of the BECs you could request for a screenshot of the case status and that would have the beneficiary's name. But since the BECs are being phased out, I am not sure if they still honor status requests.
My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
Thank you
more...
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arpu31
11-13 07:35 PM
I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
So my questions are,
1.Can I apply for visa status change from H1B to H4 in USA or
a. I need to go outside USA and reapply for H4 visa in my home country or
b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
5. Under what scenarios and When would I be considered out of status?
Thank You in advance.
Arpu
So my questions are,
1.Can I apply for visa status change from H1B to H4 in USA or
a. I need to go outside USA and reapply for H4 visa in my home country or
b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
5. Under what scenarios and When would I be considered out of status?
Thank You in advance.
Arpu
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chanduv23
09-15 09:47 PM
Nothing will happen to you if your employer sees you on TV
EVERYONE TO DC
EVERYONE MUST GO
EVERYONE TO DC
EVERYONE MUST GO
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puskeygadha
07-11 04:38 PM
I am in the same boat.
I think good idea will be to ask lawyer and seek opinion..
my fragomen lawyer said they do not have a clue on the timeline
I think good idea will be to ask lawyer and seek opinion..
my fragomen lawyer said they do not have a clue on the timeline
mckottayam
05-02 08:03 PM
mckottayam: did you tell the IO explicitly that you had I-797 extensions approved to get I-94 stamped thru end of I-797?
I gave the passports and the I797s together. IO gave me the 797s back and then I told him the dates are different as it was extended and he took them back. No more questions about this matter.
I gave the passports and the I797s together. IO gave me the 797s back and then I told him the dates are different as it was extended and he took them back. No more questions about this matter.
desi3933
06-21 05:21 PM
I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
Thanking you in advance.
You need to have 2 (or more) approved I-140s for Priority Date transfer.
Job Title, Description and Salary do NOT matter.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
Thanking you in advance.
You need to have 2 (or more) approved I-140s for Priority Date transfer.
Job Title, Description and Salary do NOT matter.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
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