Thursday, June 30, 2011

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  • paddy.
    10-04 06:07 PM
    Just renewing my offer of affordable freelance work. If you're interested in a free, no obligation project quote then email me at paddy@paddyduke.co.uk (paddy@paddyduke.co.uk).




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  • rockstart
    07-20 08:32 PM
    Spoke to Virgin Atlantic cust rep last week for flight from US to India via London and they said they cannot accept Advance Parole for transit and I would need UK Transit Visa or Valid US visa.




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  • sanjose16
    02-24 11:03 AM
    How can you file H-1B for your spouse? Please explain.

    I mean (employer) not me..:)




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  • sri2007
    05-05 10:14 PM
    Gurus,

    Pls advice

    1. Does Employer still have any ways to revoke the I140 even after 180days crossed from the filling of I485, if Iam transfering my H1 to other company.

    2. Also for new job if I were to get title such as Senior Software Engineer, or Data engineer wherein my appointment letter/I140 shows as a Programmer. Will it be difficult to raise AC21 though responsibilities match in both the jobs.



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  • shaikhshehzadali
    07-08 05:52 PM
    In case anyone needs to reimburse some of the medical costs from the insurance co, following are the HIPAA procedure codes.

    Testing / Lab HIV-1 and HIV-2 86703
    Testing / Lab Syphilis test (RPR) 86592
    Preventive Care PPD (tuberculosis) intra-dermal skin test 85680
    Preventive Care MMR immunization (subcutaneous) 90707
    Preventive Care Varicella immunization 90716
    Preventive Care TD immunization (Tetanus) 90718


    Are u a doctor?




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  • apb
    10-01 02:39 PM
    My friend had applied for GC through B (never worked, PD-2004/EB2, 140 approved and 485 more than 6 months) and he was continuing with company A on H1B.
    Company A was laying him off. He tried to go to company B. But Company B was getting folded.
    He went out and got a better offer from company C. He had two choice. Apply H1B transfer from A to C or use AC21.
    He chose to use AC21 and started with C. Lawyer explained the situation with AC21 info to USCIS.

    Now the best part. HE GOT GC last month.



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  • rp0lol
    04-08 09:10 AM
    To be on safe side, I suggest you first get 3 yr. ext. and then change your job.

    "After job change can I use old PD ? Can I apply EB2 perm after changing job ?"

    Answer of first question, yes you can use your old PD only if your current employer (old if you change job) does not revoke it.
    second answer, you can apply in perm-eb2 with new employer as you now have more exp. (old job).


    But still check with another lawyer.




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  • andy garcia
    05-22 05:11 PM
    Hello

    I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.

    NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?

    I'd appreciate your help. Thank you

    can I recapture the priority date?
    NO

    PD are attached to either a Labor Certification or a I-140. It has to be your own LC or 140 in order to transfer the PD.



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  • perm2gc
    05-27 10:33 PM
    I am stuck in PBEC. Please let me know if you need any information.
    please contact pdakwala at the number he mentioned in the thread.




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  • shahraj
    01-20 08:24 PM
    Hi,

    When I came into the United States, they documented my fingerprints. Now I want to apply for a reentry permit. Do I still have to pay for the Biometric fee? What exactly is it for?

    I would really appreciate any help on the topic.



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  • reddy_h
    08-18 10:08 PM
    Hi All,
    ****** I have searched all related posts but could not find an answer ********
    I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.

    with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?

    Thank you.

    I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.

    In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.




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  • i_aged_out
    03-22 10:26 PM
    Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks



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  • Sakthisagar
    03-11 10:36 AM
    Folks,

    Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins

    Cyrus D. Mehta & Associates, PLLC (http://cyrusmehta.com/news.aspx?SubIdx=ocyrus20103925436)




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  • eyeswe
    05-15 12:49 PM
    Thanks for the quick reply. Did you have a permanent US address though as you shuttled between Toronto and US?



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  • MA001
    12-18 01:10 PM
    My company wants me to relocate to another state. Because of which I need to re apply for new LC for green card processing. My current approved LC is EB3. My question: To be able to apply for EB2 position, can I use training & experience gained in my current company?




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  • greencard_fever
    07-17 06:15 PM
    Hi,My I-140 was approved on 07/02/2008.I recieved an email update and online status also showing Approval notice sent.This monday my attroney send me a copy of Approval notice.
    Receipt Date :01/07/2008
    Notice Date :01/09/2008
    Approval Date:07/02/2008
    Center :TSC
    Category :EB2.
    PD :Dec'2006.
    No concurrent filing.
    Waiting to file I-485.

    Thanks
    Rajesh

    Congrats Rajesh!! But what your are trying to make a point here?



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  • martinvisalaw
    06-05 05:03 PM
    It is very late to be submitting the RFE response now. CIS will probably deny the H-1B and your employer will need to refile. The employer should have asked for an extension before the due date.




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  • prout02
    02-19 12:40 PM
    So now USA considers TN as a country?? Some conspiracy, eh??




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  • MiniCooperS123
    July 23rd, 2004, 10:16 AM
    Thank you very much for the info. I've always loved photography just never found the time to learn all these things. Seems like I am making up for lost time now. I might keep the 28-80 since it came with my Rebel 2000 and I got it for my bar mitzvah. I wish I didn't though, since I would probably sell everything. I might just sell the 100-300 and get the D70. I guess I could get the 300d, but it looks like my rebel and doesn't look as nice as the D70. Who knows, I am going to a couple of camera shops to fool around with them to make my mind up. Thanks for the information.

    Applying for I-485 - Confused, please help!! [Archive] - Immigration Voice

    View Full Version : Applying for I-485 - Confused, please help!!





    GCVictim
    10-13 11:06 AM
    I am sponsoring to My In-laws next month for visiting next month. I am preparing documents for them. My questions is... What are documents required from my wife side? she is not working.

    What should I send from her?




    cbpds
    04-16 01:42 PM
    It has been posted in IV already

    Good Read

    http://www.nfap.com/pdf/1003h1b.pdf



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  • return_to_india
    12-22 08:09 PM
    They should exempt PIOs from this new rules. If back from a vacation and there was an emergency back home ( within 60/90 days?), can't i take my US citizen kid to India ?




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  • abuddyz
    01-20 07:07 PM
    I asked my company attoreny about this.. he said that immigration petition is I-140 and as I-140 is not filed for your wife (I-485 is already filed for my wife) so I should say No there for my wife's form.




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  • vss
    02-22 02:50 PM
    People are destroying this country by converting the illegal�s into legal�s. All these illegal�s and whoever is supporting them should be deported. If you want to live in US, follow the rules, if you want to break rules, live somewhere else.




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  • ashwinr
    10-07 11:44 AM
    I paper filed my EAD at NSC last month. RD was 23rd Sept & ND was 2nd Oct.

    Looks like yours is a longer delay. Not sure what can be done here. Please keep checking to see if check's are cleared.



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  • Money
    02-14 12:08 AM
    in the final bill. No need to worry




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  • nagamani
    07-02 06:33 AM
    Arizona immigration law backer politician Barry Wong wants to cut power from illegal immigrant homes (http://www.nydailynews.com/news/national/2010/06/30/2010-06-30_arizona_immigration_law_backer_politician_barry _wong_wants_to_cut_power_from_ill.html)

    One Arizona politician has made a vow to make illegal immigrants powerless -- literally.

    Republican Barry Wong, a candidate for the Arizona Corporation Commission, an elected body that decides public utility issues, says he would require the utilities to check the immigration status of customers, he told the Arizona Republic.

    Rest all states should pass similiar law............



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  • svam77
    12-04 05:35 PM
    Thanks !! My 140 is indeed pending. But I dont have plans to move to EAD now. I am moving to EAD only after my 140 is approved.




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  • bigboy007
    11-01 11:46 AM
    bump ... any ideas please



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  • msadiqali
    01-07 08:22 PM
    Any help guys?




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  • MightyIndian
    10-11 06:20 PM
    The first status is that USCIS has approved your EAD and ordered for a card. The second status means that they mailed you the card. You should get the card in next 5 business days.



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  • gc28262
    02-04 08:45 PM
    I have mis-placed my EAD. Normally I can just apply for another EAD. But, I will be travelling to India in Mid March on Advance Parole and I'm not sure if I'll get the EAD by then.

    My question is, will they ask for EAD upon re-entry.

    I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?

    Any advice is appreciated.

    EAD is not needed while entering on AP. 485 receipt notice is sufficient documentation while entering on AP.




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  • admin
    03-15 09:19 AM
    It would be really great if such a person working in a big Indian Company and is able to express himself well, can contact us. For this requirement, time is of essence. So please contact us at the earliest at info@immigrationvoice.org



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  • buehler
    12-10 07:20 AM
    If you have been in the US for more than 1 year, you are a resident of the US and not any particular state in India. You are free to go to any Consulate in India. Even though I was previously a resident of AP, I have been able to get successful stamping in New Delhi.




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  • glus
    05-11 06:51 AM
    I have a B1/B2 visa that I'm thinking about coverting into F1 visa when I get into the US I just have few questions:

    1- How long does it take to convert the B1/B2 visa into an F1 visa?
    2- If my visa gets converted into the F1 visa, does that mean my B1/B2 visa is cancelled and I have an F1 visa or what am I?
    2- Will it be possible to leave the country for few months(after the conversion of my B1/B2 visa into the F1) and then return back to the US with ease to continue my studies ?

    Thank you very much for answering!!!

    1. It takes 3-6 months to change STATUS from B-2 to F-1;
    2. Your visa does not get "converted". Your status changes to F-1 if approved. In your passport you will still have a B-2 visa.
    3. If you leave the country after changed status to F-1, you need to go for F-1 Visa stamp in order for you to comeback and continue studies. Risk of not getting F-1 stamp is high for those who changed status to F-1 while in U.S. I never left US after changing to F-1 because my attorney and my International Student advisor advised it was too risky to do so. This is because if US consulate denies issuing F-1 visa, the consulate my also cancel B-2 visa at the same time because both carry non-immigrant intent amongst other factors. You can't just leave for a "few months" and just comeback while studying on F-1. The F-1 visa and related I-20 documents specify how long the program of studies is and you should be attending every semester taking at least 12 credits each semester, with the exception of the last semester, in which you don't have to carry 12 credits as long as after the last semester your degree is granted.

    Hope this helps. It is based on my own experience. Speak to an International Student Advisor at the school which you have selected for more details. Good luck.



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  • Mahatma
    01-15 09:26 AM
    To the best of my knowledge and what I have heard from our international office and immigration lawyers: Once you are counted (Baptised!!!), you do not need to worry about cap-subject ceiling.

    For making it doubly sure, always check with recruiting firm's lawyers and your non-profit company's lawyers. They will be doing the paper work. If confusions previal, you can give advise, counsel or consult attorney.

    My guess is: this is well known fact and may not need attorney. See what others say.




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  • makemygc
    07-24 04:36 PM
    Hi,

    If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.

    I'm assuming you both have filed 2 I-1485 and 2 EAD each. Based on your I-485, it's safe to change job only after 180 days of I-485 receipt date. You can change after 4 months but if for some reason your I-140 get revoked you are screwed. Same thing if you use the EAD obtained using your wife's 485. If you change your job before 6 months but use your wife's EAD and later on your company revoke your I-140, your I-1485 application is screwed up but you will stil be in status if your wife 485 is fine.

    Again, there is risk involved with such a peculiar cases and you might get NOD. I've seen one such case in IV where husband got a rfe on wife's I-485 even though he withdrew his application long back. But that case has some other issues as well so it all depends on case-to-case.

    Moral of the story is, if it is not a do or die situation, keep your case as simple as possible and switch job only after 6 months of 485.

    Please close this thread also as there are several threads with similar questions.



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  • vin13
    01-30 08:52 AM
    H1 getting cancelled should not affect your Green Card.

    You should be able to change as many times as you want. There is no rule. I have changed jobs twice using AC21.

    Keep a copy of the AC21 letter and pay stubs, that was submitted by the lawyer for your reference.

    There are no clear guidelines or rules for using AC21. As you may already know, there is no need for submitting the AC 21 letter either. So use your judgement.As long as you are working in the similar job type GC process should go fine.




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  • martinvisalaw
    02-25 02:17 PM
    Sorry to read about your mother's problems. As the other posters have said, please do NOT use any agency, office, notario, or other service that claims to be able to help unless they are really attorneys or a charity. Be especially careful of notarios - these are not lawyers in the US.

    Your mother would not be eligible for TPS unless she was in the US before Jan 12, 2010. Hopefully you are a US citizen and can petition for her permanent residence (green card)




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  • ak_2006
    08-16 12:39 PM
    My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.

    My friend did not face any issues at POE .




    chanduv23
    06-14 11:19 PM
    My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.

    Anyone has experience who filed I-485 MTR and it was successfull through this attorney.


    Please PM me if you do not want to share the experience in public.

    After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.

    Do send your story to IV as IV ios collecting such stories




    PDOCT05
    11-19 12:30 PM
    Congrats man...what date did you do the resubmit?



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  • mchhokar
    05-15 02:45 PM
    Hi,
    I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.

    Here are facts:
    I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
    We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.

    My company is open and willing to appeal against the decision.

    Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
    -Can appeal process buy me some time and should I start my H1B process simultaneously?
    If yes, is that something which I can do legally.
    -How much time can appeal process buy, is it two months, 4 months, 6 months ??
    - My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.

    I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.

    Regards,
    Manu




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  • chanduv23
    11-17 05:39 PM
    Hi,
    My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-

    1) What all papers are required?
    2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.

    Thanks.

    Not sure about the rules now, but when I did it in 2002, it was a single entry visa for 6 months - though it is single entry - going from US is an exception - from US it is multiple entry and it costed $50 during those times.

    Documents - appp form, fee, your legal status here (485, EAD etc..), bank statements and usually they ask why r u visiting Canada and you can say "tourism"




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  • bhartigorkar
    04-13 09:58 AM
    Congrats guys!!!
    Thanks to the judges!!!




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  • mrsr
    08-09 02:39 PM
    not yet



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  • rockstart
    03-31 01:30 PM
    I was in same situation, My Labor & I 140 was approved before I got married and at the time when I was applying for my wife's H4 visa and we answered it NO since none of those applications had her linked any where.


    Hello,

    My wife is planning to attend for a H4 Visa Re stamping. I have couple of questions regarding the visa application process. Appreciate if you can help me with my questions

    1) In DS156 should my answer to the Question� �Has Anyone Ever Files an Immigrant Petition on your behalf� be NO. FYI, my 140 is approved and waiting on 485 priority date. I don�t think I gave my wife�s name yet in my labor or 140 approval process

    2) There is a section to be filled in VFS website called� Petition Details from 797/. I assume that principal applicant would be me. However I am not sure what to fill in the following questions
    Petition Receipt #
    Petition Expiration date
    Petitioner Name: I assume it is my company name

    Is the above info to be filled in from My 797 ( case type I129)or my wife�s 797( case type I539) Receipt #?

    Please advice

    Thanks,




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  • gc_buddy
    07-24 01:27 PM
    To my knowledge, the PD field is always blank for EAD reciept notices.

    I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?

    Is anybody else in the same boat?



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  • e3visa
    05-04 09:08 PM
    There is no requirement that states your employer has to buy your return aeroplane ticket. Hopefully you will be able to find another position.




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  • abcka111
    05-01 06:57 PM
    My husband is working for company X on H1-B and he could possibly be fired in couple of weeks. My questions are:

    1. Does he need to leave the country on his last working day? Can he stay for a couple of weeks to look for another job?

    2. If he finds a job after getting fired, will he be out of status till he finds a job?

    3. If for example, 15th of May is his last working day in Company X and his H1B transfer process starts on 25th of May. Will the gap in the number of days of visa filling be an issue in future for Green card processing?

    4. I am currently on H4. During his H1B transfer, does anything need to be done for my visa?



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  • frostrated
    08-11 02:24 PM
    My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.

    One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
    If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.




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  • pdakwala
    05-27 02:11 PM
    Hey Folks,

    I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.

    The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.

    This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.



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  • masterji
    01-27 09:21 AM
    I am in the same situation. I did not wait for 4-6 weeks for 221(g) and entered US using AP. The consulate called my home in India and was asking why I did not follow up my application? Should I withdraw my application by e-mail? Will there be any negative impact on my status in US?




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  • manbeing
    12-26 05:29 PM
    the format of employment date should be "mm/dd/yyyy", or just 'mm/yyyy'?

    my last day in my previous employer was a Friday 5/15/2009 and my attorney entered 5/17/2009 (Sunday) as my last day on the LCA coz my first day in my current employer was 5/18/2009.

    I am asking my former co-workers to write experience letter for me. Should I let them write '5/15/2009', or '5/17/2009' or just '5/2009' on the letters?

    Thanks!
    Bookmark and Share



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  • desi3933
    07-19 04:34 PM
    Hi,

    I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.

    >> Isn't EAD a non-immigrant status unlike H1B?
    EAD is not a status. EAD is just Employment Authorization Document. I-485 pending (AoS Pending) is the status.

    >> So, how can one apply for GC on a non-immigrant status?
    GC can, also, be applied for someone who is not even in US. Kind of status in US has nothing to do with GC process, as long as one is in valid (authorized) status.




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  • Curious_Techie
    10-17 10:36 AM
    Friends I have a relative who is willing to get his GC via EB-5 Category.
    Anybody who can share there knowledge on this? Recommend a good attorney who is kinda master in this category?

    Appreicate it



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  • hibworker
    12-15 02:48 PM
    Request for Change of Status means that you are physically present in US and requesting a change in your immigration status, in your case from F1 to H1. However if you leave the country when COS is pending, your COS application is considered abandoned as it is assumed that you'll re-enter using the status that you desire.

    Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).

    Here are your options:
    1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
    2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.




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  • bin2000
    08-25 01:40 PM
    Dear all,
    My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.

    I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?

    Please advice.

    Thank you



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  • reddymjm
    05-12 09:33 AM
    AAA also offers..




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  • bluekayal
    05-18 04:14 PM
    Ellen Krengel at Palo Alto?

    ekrengel@yahoo.com


    I am looking for someone in San Jose, Fremont, Milpitas, ..nearby areas. Sorry for not being specific last time.




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  • Bpositive
    02-01 11:55 PM
    Got a 221g (pink) from Chennai consulate because I have a Phd in biology. After almost 4 weeks the status on the website was updated to 'submit passport'. I have a couple of questions. If anyone who has gone through a similar situation, can answer, I would very much appreciate it..

    1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.

    2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?

    Please...appreciate responses from those who have gone through this themselves..

    Thanks. Man..this has been an ordeal....




    sushilup
    12-09 01:59 PM
    Hello Guys,

    I didn't find any thread on this topic, if there is one please give me the link.

    I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
    Please share if anyone has done this.

    Thank you in advance.




    fasterthanlight�
    05-21 02:04 PM
    I like the first one from here more: http://www.kirupa.com/forum/showpost.php?p=844144&postcount=7 :)

    Ya me too.