shar533
05-23 11:03 AM
Mr Aggarwal
Thanks a lot for clarification. So that means I dont have to worry about anything and if USCIS approve my case that shall be for 1 year and 4 days.
Sharma
Thanks a lot for clarification. So that means I dont have to worry about anything and if USCIS approve my case that shall be for 1 year and 4 days.
Sharma
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sertasheep
03-26 12:48 PM
Sai,
HOW: Some attorneys have what they call "consular representation" (ie a good working relationship with the Consulates in Canada). I do NOT know how this is feasible, but several applicants who are unable to travel to their home countries due to long consular wait times, fear of retribution, etc., go through a attorney to get the stamping done in Canada.
WHO: There are quite a few who specialize only in consular representation. And, they're VERY successful at this. They travel to Canada, ask you to be present at a rendezvous and then you go together for the interview. But it costs you quite a packet $$$!!!!
How can a attorney help in getting H1 stamped at a Canadian US consulate ?
HOW: Some attorneys have what they call "consular representation" (ie a good working relationship with the Consulates in Canada). I do NOT know how this is feasible, but several applicants who are unable to travel to their home countries due to long consular wait times, fear of retribution, etc., go through a attorney to get the stamping done in Canada.
WHO: There are quite a few who specialize only in consular representation. And, they're VERY successful at this. They travel to Canada, ask you to be present at a rendezvous and then you go together for the interview. But it costs you quite a packet $$$!!!!
How can a attorney help in getting H1 stamped at a Canadian US consulate ?
vallabhu
10-24 12:50 PM
Talk to a lawyer I think if you have approved GC you dont to wait for Priority date You have to add her within 6 months.
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h12gc
04-30 02:42 AM
Thanks Morcha for your reply.
more...
wandmaker
02-23 10:53 AM
Hi
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
You are NOT on a non-immigrant visa now and you are in AOS, Hence, if you kid is born outside the US, you would not be able to bring him/her on a non-immigrant dependent visa (H4). The only option, as a layman, I see is that file 485 for your kid in the consulate once your PD becomes current or file follow-to-join once gc is approved. Others can throw light on this!
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
You are NOT on a non-immigrant visa now and you are in AOS, Hence, if you kid is born outside the US, you would not be able to bring him/her on a non-immigrant dependent visa (H4). The only option, as a layman, I see is that file 485 for your kid in the consulate once your PD becomes current or file follow-to-join once gc is approved. Others can throw light on this!
Steve Mitchell
March 23rd, 2004, 03:14 PM
Actually a 300mm from the stands would yield some great shots. I hope you can make it happen.
I am trying to score the publisher's courtside tickets for the Heat game. I'll bring a 300 to the game and see if someone says something from the sidelines there.. :-)
I am trying to score the publisher's courtside tickets for the Heat game. I'll bring a 300 to the game and see if someone says something from the sidelines there.. :-)
more...
uffyegc
10-21 02:25 PM
Hi Prashanthi,
Thank you for your reply.
As per company immigration HR, "since H1B extension was filed (Jun-06-2008) one week after GC labor filing (May-29-2008), we can apply next H1B extension based on May-01-2011 expiry".
Can you please reaffirm that we ought to file extension based on April 16, 2010 and not May-01-2011.
Thanks again for your input.
Thank you for your reply.
As per company immigration HR, "since H1B extension was filed (Jun-06-2008) one week after GC labor filing (May-29-2008), we can apply next H1B extension based on May-01-2011 expiry".
Can you please reaffirm that we ought to file extension based on April 16, 2010 and not May-01-2011.
Thanks again for your input.
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knowDOL
06-19 03:39 PM
Senthil,
Let me correct my post. If your I140 is approved and if your I485 is pending, you can come back to H1B status and get three years extension. One of my friend changed company after 6 months he god EAD and with new company(microsoft) he applied for H1B extension and his extension is approved for three and spouse is on EAD. So, that area is fluid you can jump from EAD to H1 and H1 to EAD. The rule is in AC21 section 104(c). You can google it and you will know.
Let me correct my post. If your I140 is approved and if your I485 is pending, you can come back to H1B status and get three years extension. One of my friend changed company after 6 months he god EAD and with new company(microsoft) he applied for H1B extension and his extension is approved for three and spouse is on EAD. So, that area is fluid you can jump from EAD to H1 and H1 to EAD. The rule is in AC21 section 104(c). You can google it and you will know.
more...
xgoogle
06-25 10:52 AM
Thanks so much for clearing our doubts.
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gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
more...
weasley
01-06 04:37 PM
Don't worry about the Red. People are anxious and may be frustrated. I have seen most of your posts. You are polite and friendly and so I gave you green for your post. Also, I wish you get a chance to file your I485 this year.
I don't know why I received reds for my post, anyways I respect the opinion of members,
I don't know why I received reds for my post, anyways I respect the opinion of members,
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va_labor2002
08-23 11:13 AM
please continue to send mails to your local lawmakers regarding Skil Bill. Use the webfax too at
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broadsupport for such reforms.
FYI Numbersusa have been sending messages against this bill--
http://www.numbersusa.com/faxcenter?action=preview&ID=5665
--
Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
The useful information is available here--
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
--
Please tell your friends too.
These are good suggestions. What can we do as a group ? Can we arrange a demonstration in DC ?
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broadsupport for such reforms.
FYI Numbersusa have been sending messages against this bill--
http://www.numbersusa.com/faxcenter?action=preview&ID=5665
--
Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
The useful information is available here--
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
--
Please tell your friends too.
These are good suggestions. What can we do as a group ? Can we arrange a demonstration in DC ?
more...
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kumar v
08-09 04:54 PM
As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.
My Approved H1 B petition does not have change of status i.e 1-94.
I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.
As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.
My question is:
If for some reason, I have not issued H1 visa at Canada consulate,
Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?
Please suggest me the better approach.
My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.
Regards
My Approved H1 B petition does not have change of status i.e 1-94.
I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.
As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.
My question is:
If for some reason, I have not issued H1 visa at Canada consulate,
Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?
Please suggest me the better approach.
My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.
Regards
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Steven-T
February 12th, 2004, 09:55 AM
Am I the only one who thinks it would be sheer genius if Kodak was to license the Canon mount? Imagine if they offered both Nikon and Canon mounts (even better - an interchangeable mount plate so you could have it both ways on one body)!
Surely this is possible. Perhaps Canon is blocking them or it's just not cost-effective?
Don
And Fujifilm too. But I think its a "business decision" somehow, and I don't expect it will happen, when Canon is so dominant, for that market segment concerned. At least not now, not soon. I wish I am wrong.
Steven
Surely this is possible. Perhaps Canon is blocking them or it's just not cost-effective?
Don
And Fujifilm too. But I think its a "business decision" somehow, and I don't expect it will happen, when Canon is so dominant, for that market segment concerned. At least not now, not soon. I wish I am wrong.
Steven
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ashkam
10-26 10:47 AM
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.
I hope this helps and good luck on your green card pursuit...
Labor has to be pending 365 days and not 180 days to get a one year extension.
I hope this helps and good luck on your green card pursuit...
Labor has to be pending 365 days and not 180 days to get a one year extension.
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GIDOC
07-14 01:46 AM
pmb76,
Good job on your letter to her. I am trying to write one to her also and will use yours as a template.
Good job on your letter to her. I am trying to write one to her also and will use yours as a template.
more...
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gcisadawg
05-05 04:03 PM
I think other simple RFE is for medicals. We just have to mail the envelope provided by Civil surgeon along with the cover page sent by USCIS as part of RFE.
The cover page they sent us includes
1> Officer #
2> CUD ( They should receive the mail on or before this date)
3> Form # ( I-485, I-140 etc)
4> File #: A # if available
5> Receipt #: receipt # for the form # above
6> Address to which the document should be mailed.
I didn't see any bar code as one poster suggested.
The cover page they sent us includes
1> Officer #
2> CUD ( They should receive the mail on or before this date)
3> Form # ( I-485, I-140 etc)
4> File #: A # if available
5> Receipt #: receipt # for the form # above
6> Address to which the document should be mailed.
I didn't see any bar code as one poster suggested.
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transpass
07-13 01:19 AM
Hi Folks, I have a question about traveling to India...
Want to travel from US to Indore, India. As I need to change planes either Mumbai or Delhi, how does it work?
1. I came to know that in Mumbai, it is just change of terminals, not airports. Am I right?
2. How about Delhi? Once I arrive at International airport in Delhi, to catch a domestic flight to Indore, is it change of airports or just change of terminals? Is there a shuttle provided?
Thank you very much and I appreciate an accurate response...
Want to travel from US to Indore, India. As I need to change planes either Mumbai or Delhi, how does it work?
1. I came to know that in Mumbai, it is just change of terminals, not airports. Am I right?
2. How about Delhi? Once I arrive at International airport in Delhi, to catch a domestic flight to Indore, is it change of airports or just change of terminals? Is there a shuttle provided?
Thank you very much and I appreciate an accurate response...
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lazycis
02-14 04:42 PM
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
rajev_kk
06-19 09:14 PM
Hello,
Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!
Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!
gc_check
03-10 07:55 AM
I guess I should agree with Jerrome because I am going to India 2 weeks from now and My friend who recently had been to India mentioned the same. I have asked the same question to my immigration lawyer, I will post it when I get a reply.
In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.
Please let me know if anybody had this situation.
-Success.
Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.
In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.
Please let me know if anybody had this situation.
-Success.
Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.
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