Thursday, June 30, 2011

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  • raysaikat
    03-18 10:50 AM
    I happen to hear that its more easy to convert from L1 visa to Green card .Is it something that the employer has to initiate ? Can we start the process by ourselves.

    please shed some light on this.
    Thanks

    You may be eligible to file under EB1-C. Your employer needs to sponsor.




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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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  • mrdelhiite
    08-11 11:59 AM
    hello all,

    i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.

    i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.

    thanks
    -M:confused:




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  • pappu
    03-10 04:33 PM
    Thanks. Any ideas how we can make the WIKI popular. We should make this a useful resource for everyone.



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  • krishna
    06-30 03:06 PM
    Since your attorney is not filing (No G28 is filed when you DIY). I did this and I got approval for both EAD/AP in a month's time.




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  • xgr3
    05-21 11:06 PM
    My I-485 status is updated with the below message. LUD 05/21/2009. Surprisingly they mailed the document on 09 March 2009 and status update is on 05/21/2009

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Document mailed to applicant.

    ***On March 9, 2009*** we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    Previous LUD 03/31/2009 after completing FP in March 2009 with this message.

    Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.

    Any clue, whats going on ?

    Thanks

    ---------------------------------
    Category : EB3
    Labor PD: Jul 2006
    I-140: approved
    I-485/EAD: applied on July 2007
    Finger Print - Completed two biometrics on March 2009
    Medical is pending



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  • guy03062
    07-06 02:42 PM
    07/06/2007: Hard Working Women and Men in USCIS Behind the Visa Number Fiasco

    From the information available thus far, this reporter believes that no one in the agencies intended to bring about this fiasco. It was lack of close communication and coordination between the USCIS and the DOS and more or less a poor handling of the situation at some level within the USCIS. The people should remember that there are many and many women and men in the agency involved who worked hard just like you and me to do the given jobs, including managers, supervisors, and other higher ups. The agencies should take this fiasco as a good opportunity to learn a lesson on what could go wrong in the management of immigration services and responsibilities affecting hundreds and thousands of other human beings. This reporter has been visiting the field offices, particularly Nebraska Service Center and other local field offices, almost every single year for over past 20 years and have met the "human" faces of hard working officers and other workers working in tiny cubicles and facilities that cannot be described as fancy offices but more or less factories and plants. When I report the current news, this reporter sees the faces of the women and men that I have met who worked in the not necessarily fit office space and environment. Without doubt, the current fiasco should be one way or another corrected and prevented in the future. However, the people should not take this opportunity to dehumanize the current event and easily demonize other people with no faces. Probably this is the time when these women and men need most an emotional support and boost from their invisible customers. After all, things will go through the legal process or other processes to correct the mistake. Low morale of these women and men will help no purposes and causes. On behalf of our readers, we want to send a big "CHEER UP" to these women and men!

    Source:- http://www.immigration-law.com/




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  • H1B-GC
    06-18 11:14 AM
    Wondering if we need to Pay $80 towards Biometric Fee when Renewing I-131? Paid the Biometric Fee last year when the Travel Document was Applied for the First Time.



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  • saravanaraj.sathya
    08-17 03:26 PM
    I think this should not be a problem.If you have finished all the courses and ve ur degree certificate then its fine.

    Good luck

    Has any one ever heard of 140 denial due to less percentage of marks secured in graduation.




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  • desi3933
    06-16 04:53 PM
    Do I need to provide any proof during the interview stating he is my step son? or the documents between the mother and the son will suffice?

    Proof that he is biological son of your wife (birth certificate).



    ___________________
    Not a legal advice.



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  • immitul
    09-05 12:44 PM
    I am on the same boat...my wife got H1 approval recently without COS, and H4 extension applied two weeks ago (on top of it I-485 has been applied).

    My lawyer suggested to file for H4 extension to cover that gap that is there before H1-B takes effect i.e. October 1st (or she will be Out Of Status). And after October 1st, revoke the H4 petition.




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  • sgupta33
    08-28 05:12 PM
    Hello,

    The dept. of labor uses two types of codes, one of which is the SOC code. Yours may be a SOC code (Standard Occupational Classification) or the other one (name I can't remember). If you look at Murthy.com and search for articles on AC21, you'll find information on the two types of codes the DOL uses. The go to the DOL website and do a search for the two types of occupational codes and see which classification system your code matches. Once you access the classification, just look for your number and it should give you a brief description. I did this for my code.



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  • Administrator2
    11-07 04:53 PM
    Dear IV Members,

    For those of us who have followed the immigration debate for last couple of years, we know that Stuart Anderson is one of the few sane voices when it comes to high skilled immigration.

    Stuart has recently published a complete book on Immigration and how it applies to business and economics. The book also covers important background and relevant history of the Immigration bills, key players and how the events around us affect us all. Here is the link to the recently published must read book by Stuart -

    Amazon.com: Immigration (Greenwood Guides to Business and Economics) (9780313380280): Stuart Anderson: Books (http://www.amazon.com/Immigration-Greenwood-Guides-Business-Economics/dp/0313380287/)

    Thanks,

    Team IV




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  • QuintonBermuda
    05-06 02:05 PM
    Hello,

    I am currently working on an H1 visa. I would like to go to school to pursue a Master's degree. Is it possible for me to qualify for in-state-tuition. I live in Georgia. Thanks in advance!!



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  • sangmami
    07-18 08:34 AM
    i have the same question,,,but i contributed already:)




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  • kaisersose
    08-22 06:02 PM
    I am in a very Bad situation it seems, please help.

    I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.

    In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.

    I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)

    Please help

    Check your H-1b approval notice. If it is a visa to be issue abroad petition,then you have nothing to worry about.

    if it is a change of status approval with an I-94, then you need to get out of the US on or before the day the change of status becomes effective and then return back to the US on or after the day the change becomes effective with your current L visa.



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  • uppaji
    10-27 03:28 PM
    Hi,
    My labor was filed in Feb 2003. I got my 45 day letter last year or so and was replied by my employer. But still now no word on it? What do you suggest? Are we supposed to contact USCIS through my attorney?
    Please suggest.




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  • wc_user
    07-27 01:54 PM
    It turns out that it was the photos. I had already sent it. So, don't know why they are asking again. I am resending the photos now. I had a question. Though it is simple, I don't want to take any chances as we are planning a travel soon. They have asked me to write my name and Alien number on the back of the photo in pencil or felt pen. I tried writing using a pencil and it is not readable. So, what is a felt pen ? Is the idea here that whatever is written on the back of the photo should not leave an impression on the front of the photo. Thanks for your response.




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  • waiting_4_gc
    08-24 08:00 PM
    Hello Gurus,

    Here is my situation and I really appreciate your advice:

    I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.

    I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.

    Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.

    1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?

    2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?


    Thanks in advance!!!




    DDLMODES
    07-17 08:47 PM
    I used these guys and they did a great job. Mine was translated from romanian though.

    http://www.uscts.com/indiancert.html

    Good luck !:)




    javadeveloper
    07-27 05:40 PM
    I am starting this thread for Interview related discussions.

    Here is my question:I live in NY and my attorney is located in CA.I got Interview with Immigration and I want to attend that interview along with my attorney.Is it possible to schedule my Interview in CA where my attorney works/lives? Or is it like we need to attend where USCIS specifies?

    Share your experiances.

    Note to Admin:Please make this thread sticky if you feel it is worth enough.



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  • smdfarooq
    06-09 05:33 PM
    Thanks you so much




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  • lazycis
    05-14 12:33 PM
    Hi,

    My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.

    Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?

    Whats the right way of handling this?

    USCIS regs require skin test results. The easiest way to take care of the RFE is to do what they ask for.
    As for G-28, you should send a new G-28 with your name as both representative and applicant to the service center where I-485 is pending.




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  • plassey
    08-14 03:24 PM
    How would you do that? You need a company to sponsor you.:confused:
    Hi All,

    I am thinking of doing PERM filing on my own under EB2 category.I need suggestions from optimistic members about this possibility.Also,please if you can provide links(website) which can help me through this stupid & cumbersome process.

    PEACE




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  • lj_rr
    07-01 03:57 PM
    This should be "Department of Homeland Security" per Attorney.

    for 482 the 2 checks of 325 and 70 and one check of 180$ for I765 should be payble to 'Department of Homeland Security', or 'United States Citizenship and Immigration Service'

    The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .

    Please suggest and sorry if this si a repost. I could not find a exact answer.

    Thanks
    -M:confused:



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  • salvador marley
    04-29 05:05 PM
    i want to delete it - send it to the recycle bin where it deserves




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  • drirshad
    07-01 08:26 AM
    Ya thats true but these people must return these GC's as they were processe by mistake, anyday they figure it out these guys will be out of US ....



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  • good idea
    04-20 02:12 PM
    My emp. filed H1 ext in Jan 2011 and got RFE.

    My (existing) H1 extension is expiring on 25th March... which is just less than a week away.
    and my employer may submit RFE documents in First week of May...

    What would be my legal status during this period?

    My H1 extension was filed with regular processing, Is it advice able to upgrade it to premium while or before submitting the RFE docs?

    Please advice.

    Thx....




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  • srini1976
    03-26 11:14 AM
    Do i also need chest X-Ray Report to submit with I-693 ??

    Physician will advise you if a chest X-Ray is needed.



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  • ssdtm
    11-06 02:14 PM
    If you are lucky, your 485 case may continue without issues for next 1 year. (this is a high possibility). After 1 yr, once you come back, there may not be any issues if there is no RFE / Interview.

    Problem with 485 may arise later if there is RFE / Interview and you are asked for paystubs/W2 for this period.

    There is certainly some risk involved to your 485. Given that RFE / Interview comes for only a small percentage, this risk is not very high. Also, RFE / Interview doesn't necessarily collapses your case, but this will be a sticky wicket in that case.




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  • jtravers
    04-01 11:12 PM
    Actually folks staying in the UAE can apply to the U.S. consulate there even if they are not local citizens of UAE. The disadvantage of applying in the consulate in UAE is that the visa will be slated to expire when the UAE visa expires. Logic being that if your status in the UAE expires, your US visa expires. In addition, chances of rejection are higher since the only local tie you have to the UAE is your job.

    I would try to see if you could go to your home country and apply. If it is urgent, then you would want to try the US consulate in UAE.



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  • Ann Ruben
    04-16 09:15 AM
    Unfortunately the rules of the PERM process are pretty rigid. It is unlikely that you would succeed in getting the denial reversed and the appeal process could take a year or more. Unless you are beyond your 5th year of H-1 status, your best course is to start the process again.




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  • roseball
    09-01 05:30 PM
    Gurus,

    I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.

    I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.

    Thanks.

    You should tell them to file a H1 Change of Employer petition based on your approved I-140. Let them know they need to file a LCA requesting a 3 yr term and get the LCA approval and then file form I-129 requesting for a 3 yr H1.



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  • pappu
    12-14 09:27 PM
    IV is aware of this and already in contact with indian orgs. pls go through some of the last month's threads about our Boston, MA conference participation to know how we are working with the Indian American communiy.




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  • newbie2020
    10-13 02:43 PM
    You can count me in...

    By the way it makes more sense to meet Senator Arlen Specter since he is also on Senate Judiciary committee...

    Committee Members (http://judiciary.senate.gov/about/members.cfm)



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  • millersoul
    12-15 01:31 PM
    Hi all,

    I graduated this June and started working in a company on my OPT status (valid July 2009 to July 2010) since July until now. In October, my company filed H-1B petition, and on Nov 24, we got approval notice I-797B (without I-94) instead of I-797A, as well as a DENIAL of concurrent change of status.

    Shortly after we filed the petition, I took a short trip to my home country and then come back(with OPT status) on Nov 1.

    In the notice, it states "...the beneficiary departed the US on Oct. 15 2009, thereby abandoning the requested change of status. As such, the beneficiary has failed to maintain his F-1 status. Accordingly, the concurrent request for change of nonimmigrant status is denied."

    I am really confused here because I re-entered the US with my F-1 OPT status on Nov. 1 without any issue.

    What should I do now in order to get my H-1B visa? Am I still maintaining F-1 status (legally staying in the US) even if it stated that I have failed to??

    Great Thanks in advance!!


    MT




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  • pappu
    03-28 03:08 PM
    Core is working on a seperate campaign with a strategy specifically for us. Please stay tuned. At this time, we urge everyone to seek appointments from their lawmakers as per our newsletter.



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  • LostInGCProcess
    11-01 04:54 PM
    I think you should send a copy of the 485 Receipt notice.. This is a classic, Right hand not knowing what the left hand does situation with USCIS..

    Thank you. I'll do that.




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  • santa123
    06-09 07:52 PM
    Hello Everyone,

    I must be newest member here. Our company attorney (fragomen) is going to file/send I-140 application today.

    I am excited to join the loooong queue forward!

    :p

    Since you applied recently, can you share the list of docs you sent to the attorneys for filing 140? are you EB2 or 3?




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  • exploitedone2008
    03-13 09:59 PM
    what is Freedom of Information Act and how can it help him




    desi3933
    08-08 02:17 PM
    Why don't you file a lawsuit? :)


    Good one. :D




    rama0083
    11-26 03:24 PM
    Just wondering if anybody is giving up hopes of GC and switching from H1B to E3D (Dependent of Australian spouse) to take advantage of 2-yr renewable EADs...? How long does it take to get the initial EAD...Continue working without pay (or is there a workaround) while waiting for EAD?....any problems getting visa stamped with a 'yes' for past immigrant petition filed...
    7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.

    My cousin (unmarried) is on an E-3 visa. But if I remember correctly, an E-3 visa holder cannot have immigrant intent. So the "immigration petition filed" question might create trouble. You should consult a lawyer.



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  • deba
    01-25 11:35 PM
    As far as I know, USCIS considers CP as abandonment of I485 app. I am not sure you will be able to convert back to I485 again. Also, I think you will lose all your AP/EAD benefits. Check with a lawyer tho.
    Here is a helpful link on the subject from Murthy's website:

    http://www.murthy.com/Chatdb.asp?Search=&Type=cp&page=3




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  • GCHope2011
    06-25 08:10 AM
    If the cruise goes outside of US territorial waters, everyone on the ship needs to show eligibility to re-enter the US on return. This is true even if the ship does not make any port call in a non-US territory.

    In your case it looks like the ship even makes a stop at BC. Irrespective of whether the ship makes the stop or whether you get out of it or not, the fact that it goes out of US waters is what matters.

    So yes, you will have problems coming back if you go on this cruise.

    You can however fly to Alaska and come back (like a domestic flight) without any problems, as long as it is a non-stop flight from the US to Alaska (no stops in Canada).




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  • beautifulMind
    11-20 11:27 AM
    I have i485 pending and working on EAD. H1b expired. I am on Eb3.

    I have a opportunity to become a Manager in the same company....The job duties would ofcourse be different from Programmer/analyst position...

    So can I take the promotion and use the EAD...Will I be using AC21




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  • americandesi
    02-01 01:22 PM
    Most of the times all they want it that you introduce them as a sub vendor and pay them $2-5/hr. So the new relation ship will be

    Z -> New Vendor -> Y -> X -> You

    On the other note, these kinds of multiple layers are illegal and subcontracting is not allowed as per H1 rules.

    Refer the following thread
    http://immigrationvoice.org/forum/showthread.php?t=12185



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  • grupak
    03-28 05:45 PM
    Thank you. So we do have to answer "Yes" to all the 3 questions!

    I think so, if an I-485 has been applied for the dependent.




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  • vdlrao
    10-24 01:41 PM
    Hi !
    My husband just had his performance appraisal today. He is presently working as a Senior Consultant.What we are wondering is that if there is any change in the designation, will it affect the GC process in any way ?

    We got our I-140 last month and EAD two weeks back.
    Kindly advice us on this.

    Thanks
    Vinki :)

    Until its the same kind of work, it wont effect the GC process. Your employer could send an ammendment saying that theres an appraisal.





    P.S: I am not a lawyer. I said just based on my knowledge.



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  • aworker
    02-09 04:11 PM
    Please help...




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  • kodey7
    12-10 12:00 PM
    Thanks beuhler.

    Yes, I have been residing in the US for several years now. I was not sure if the consular districts are determined based on the state of current residence or based on the state of my permanent address in India or state that issued my passport. After reading your reply, I looked up what the embassy "loosely" defines consular district as at :
    http://newdelhi.usembassy.gov/nivconsdist.html

    So it does state that US residents can apply for the NIV at any of the four consulates. So does this mean that their emergency appointment requirement of being from the New Delhi consular districts applies only to residents of India and not residents in the US ? This seems subject to interpretation.

    In your case, was it an emergency appointment or a regular one ?

    Thanks.



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  • manish756
    04-12 06:06 PM
    Thank you sir for you response .My wife is coming on wednesday. I just wanted to have some advice. sorry if you think putting urgent or pls help is wrong on the post




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  • dale
    04-09 02:55 AM
    i love yours! it's very cool
    -dale



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  • austingc
    04-30 03:05 PM
    Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
    thank you wandmaker.




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  • gcharry
    11-11 07:46 PM
    Hi, Last August 07, I have applied for 140 & 485 and have a priority date of Feb 2005. I got married in July 08. Now, I can't apply 485 for my spouse as dates are not current. My 140 got approved. I am just worried that My 485 might get approved before I could apply 485 for my spouse. And no one knows when 485 date will be current again. Any ideas? Any one is in my situation?
    Thanks.



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  • eswaraprasad73
    02-07 03:25 PM
    Thanks for the information




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  • gaz
    12-14 04:34 PM
    I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.

    wow! thank you - this is really helpful.

    My spouse is still on h1b and we will definitely try for this. Do you think the extension would be affected by the priority date (higher chances of approval if severely retrogressed) - or if theres something like a memo/ruling/logic for the approval, or is it just random chance?

    Also in case the motion is declined, does it lead to a future (negative) impact on either a fresh h1b filing, or green card application or such?

    Thank you!



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  • anilkumar0902
    08-15 12:52 AM
    Thank you for the response dentist1.

    I am not sure on how to interpret LUD, here is the summary

    1. 485 received date Aug/1/2007, notice date Sep/27/2007 - for all three of us.
    2. We applied for a change of address in May/2009 and received acknowledgement from USCIS in June/2009 - for all three of us.
    3. My son's RFE response acknowledgement dated July/2009.

    Please help me to figure out LUD for our applications.

    Thanks

    LUD : Last Update Date
    It shows up while you check your case status. You can easily see all of them, if you sign up for case updates on the USCIS website..It is very easy to set-up as you can see for yourself.

    Good luck for next month

    Cheers




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  • Gravitation
    01-20 06:10 AM
    If you're a lot of people and one fine Saturday eve, you get calls from more than one of 'm to go out than the hotter one is what's called a "pririty date".:D

    Sorry. Couldn't help.



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  • va_dude
    10-07 01:30 PM
    also found this on the net:

    http://www.nafsa.org/uploadedFiles/acwia_-_american_competitiveness.pdf?n=6685

    page 6/18 - section (vi)




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  • billu
    05-25 01:02 PM
    does anyone have any clue on this??




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  • Ann Ruben
    03-01 09:21 AM
    Sganny,

    It is possible to obtain extended B-2 status based on the need for medical treatment in certain cases. In addition to providing strong documentation of your son's medical needs, you would also need to show that he would not be able to get adequate treatment in your home country. Additionally, you would have to provide documentation to show financial resources sufficient to support your family without having to work in the US.

    Ann




    chintu25
    08-16 01:42 PM
    Feel free to email me or call me




    pscdk
    08-30 02:12 PM
    I applied my 485 as a single on July 17th.
    I got married and then applied my spouse's on Aug 16th.

    Since I am married now, will that cause my application to get rejected as I applied as Single.

    I am not sure how would this be handled at USCIS end ?

    Any idea ?

    I believe your application won't be rejected as you can always add on your spouse to your 485 application after you get married, before your 485 application gets approved or rejected and when your priority date is current