Friday, June 10, 2011

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  • fromnaija
    03-18 04:53 PM
    This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.


    That is not true! (c)(9) is the right code for all pending adjustment of status applicants. See the instruction to Form I-765 here:

    http://www.uscis.gov/files/form/I-765instr.pdf





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  • Kushal
    04-24 02:18 PM
    Finally, My I-485 got approved.
    PD:MARCH2002, EB2, INDIA
    RD: MARCH 2007
    Thank you All!!
    :)

    Congrats..





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  • gccovet
    05-21 11:23 AM
    Hi All,

    Last year, my company's lawyer had filed EAD and AP for me. This year, the lawyer is giving me an option to file it myself or pay additional 500 dollars for her to file.

    What all supporting documents would I need from my lawyer to file EAD and AP this year. Do I need a copy of pending I-485, approved labor and approved I-140? Any insight would be helpful.

    Also, any guidelines on filling EAD and AP online would be helpful. How do you submit supporting material if you e-file?

    Thanks.

    HI,
    Check the following links, you will get all your questions answered.

    http://immigrationvoice.org/forum/showthread.php?t=18737

    http://immigrationvoice.org/forum/showthread.php?t=19165

    http://immigrationvoice.org/forum/showthread.php?t=18940

    HTH

    GCCovet





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  • ChainReaction
    08-04 07:53 AM
    from immigration-law.com
    08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?

    * The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
    * For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
    * The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.

    We don't need a web based status check system for our labor it just might be another tack tick to further delay labor processing. We have waited so long some even more then 5 yrs and we know that our case is still in process ; we simply shouldn�t care if BRC create some stupid website or not to show that our case is still processing, as long as they keep their word this time and finish all pending labor processing by September 07



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  • abracadabra102
    11-07 08:15 AM
    1. The 14th amendment is what this country created as a result of the civil war to end slavery. The congress-critters thinking of repealing this amendment either have forgotten their history or are evil in ways people have not understood.

    2 and 3. Expectations of a balanced budget is an excellent example of not understanding the consequences of previous policies. Either a. reduce spending or b. increase taxation.
    Neither is acceptable, but we still want a balanced budget. When I was young, I learnt these basics of supply and demand by carefully managing my pocket money. I suppose the rich congress kids never had to think like that.

    4. I don't really know enough to comment on this

    I will comment on 4.

    Estate tax is in principle a very good idea. If some one dies, a portion of that persons estate is taxed (at almost 50%) before it is distributed to whomever it was willed. This promotes re-distribution of wealth, prevents concentration of wealth in a few families. Incentivises to work and earn one's own money than depend on parents property. This estate tax was first introduced by Augustus Caesar about 2000 years ago and almost all western nations use it to varying degree. I wish this tax is imposed in India too.

    Warren Buffet and Bill Gates both support estate tax. There are some arguments against it. One argument is that if children do not have right to parents property, then society (through government) does not have that right either. This is basically a moral argument but we do many things for greater good at the cost of individual right (forcefully buying land for public works like roads etc.) and is generally accepted.





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  • ajmalnasar
    12-21 03:59 PM
    Last month I flew to New Delhi India through Continental Airlines, I did not had the visa and my Visa had expired. You have a flight to Mumbai also. It is a nonstop flight, 13 hours straight and you are in. No hassles, no need of transit visa and you save six hours that goes in vain while transit.

    Mu suggestion, fly Continental from New Jersey.


    Thats the best in all respect. Travel time, no transit visa etc.

    Thanks

    Ajmal



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  • Jaime
    09-15 06:26 PM
    People need to understand that there are some legislators who might want to push legislation favorable to us. They can only do it if they can convince other legislators who are on the fence that:

    1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.

    2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)

    3) These guys have the support of their employers.(they got/took/were allowed time off from work)

    Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
    Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.

    This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.

    Well said!!!! An image is worth a thousand words! We ca write all we can and complain on here, but an image of thousands of peaceful protestors will stic in people's and legislator's minds, who will then be moved to action! THAT'S WHY WE NEED EVERYONE IN DC!!!!





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  • INSpector
    08-13 11:46 AM
    Respectfully, I domnt think the info is right...



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  • calabor2001
    06-20 05:44 PM
    Its kinda sad, but I can relate with both the sides here. For folks who are stuck in the stupid AAP (NameCheck, Security Clearance) - the life is harsh - especially if you just came for a quick trip. I am dealing with it for the last 5.5 months and it hasn't been easy. Thankfully, we have a workaround.

    But yes, I do agree that missing a lifetime wedding of a sibling because you will get stuck for a few months is perhaps taking it too far. Now, I know folks who have/are doing this and they have valid reasons. We all have our own reasons and to each his /her own.

    If you can get Advance Parole then travel with it. If you cannot, then just be prepared for the long haul and prepare your company/client - lawyer and ensure there is a support system that will see through your obligations in States. US Govt. will eventually clear the Visa - the sibling may not necessarily marry again! :) Make your choice! Good Luck and do the right thing for you!!!





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  • Hong12
    02-06 02:12 PM
    Thank you very much for your help and all the info. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.



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  • dba9ioracle
    03-17 02:51 PM
    With out a GC, you may not get the best rate. But you sure can get a mortgage loan while in H1/EAD.

    When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.

    I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.

    good luck





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  • hemasar
    05-25 03:29 PM
    Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.

    I renewed my passport at Chicago in 2003 it took just one week. I felt they are much better than the central government offices in India.



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  • smsthss
    07-02 10:16 AM
    I just spoke to my attorney. He told me that he also have the same information that we guys know. He told he is on top of this (keeping track of the developments). He also told me according to him..that the revised july visa need not necessarily come out on 2nd or 3rd. it may be now or mid july. He also told me..there might not even be a revised bulletin. Nobody is sure. He told he is tryin to rush in his applications. Told me..mine was going out today.





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  • needhelp!
    10-19 05:07 PM
    Thats exactly exact..

    Are you talking about the Diwali Mela event on November 10th?



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  • kowligi
    10-01 08:47 PM
    My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.

    The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and

    1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)

    2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic

    3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?

    4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?

    Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(

    I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!





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  • BECsufferer
    08-19 02:49 PM
    ok, you guys win. He is indeed from India. So what?

    Dude

    You took this whole issue personal. I was merely fore-warning about what had happened. Since we all ( GC expectants) are going thru horrible agony, devil tricks you to circumvent the system, especially people like Dr. Ramesh.

    On seperate note, citizenship can be revoked. Their are creterions for revocation, but this indian-origin doctor is not going to be stripped off his citizenship. I will certainly hope this happens to him, but I know it won't.

    Peace.



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  • Jaime
    02-03 04:17 PM
    Either the account of Jaime has been hacked or there is some problem with the forum showing the number of your post count incorrectly.

    Thanks, this is me, I am asr. member, I just have been away for a while due to work





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  • s_r_e_e
    08-05 04:59 PM
    Apply EB2 if you can.





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  • hdos
    06-11 09:31 PM
    Hi,
    I found from lawyer that there is no such thing called 10 days grace period after your last date of your H1. That is a big misconception. You can stay only in this country if you travel outside US and stayed more than 60 days. and that is also that rule applys to for first 6 years only.

    for example, if somebody travels to outside country for 3 months within the first 6 years of their h1. and if his/her h1 is completing today than thay can use their 3 monthns period after 3 months form today. and they can only this at end of their first 6 years expiration of their h1. thay cannot use this period if they are on 7th or more years on extension.

    after end of your h1 (does not matter after 6 years or 10 years), if you stay in US for 179 days than, your overstay is considered as illigal stay but there do not consider as violation and that does not count if you try to come back in US again. if your overstay is more than equals to 180 but less than a year than you are baan form entering US for 3 years. and if overstay is more thatn 1 year than you are baan from enterting US for 10 years.





    sunny1000
    10-14 12:51 AM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    Does she or does she not have a green card in her hand?

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    Yes.

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Not true.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

    4. Are not all greencards created equal?

    Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

    Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.


    Read between the lines for answers.





    mambarg
    07-19 11:59 PM
    Since we had filed 140 recently. we got e-approval with notice saying actual notice will follow in mail.
    Has anyone ever filed with e-approval email printout as initial evidence ?

    Thanks



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