crazyghoda
05-06 02:54 PM
Wearing a badge and walking around doesnt have that much impact. What would make an impact would be if someone from IV was a speaker at the conference and highlighting the issues and wait times faced my legal immigrants from India and China.
Presenting a case study of 2-3 immigrants - one who came and was successful and one who got fed up and went back and became successful would drive home the point nicely.
Presenting a case study of 2-3 immigrants - one who came and was successful and one who got fed up and went back and became successful would drive home the point nicely.
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paritp
02-03 05:48 PM
Mine was approved on Nov 15th 2010 but still have not received it. I called customer service 4 times but no user.
Last week I had info pass appointment and the lady told me they will track my package as they have already sent it on Nov 15th. Still nothing
All the best in you case.
Last week I had info pass appointment and the lady told me they will track my package as they have already sent it on Nov 15th. Still nothing
All the best in you case.
Texascitypaul
02-23 04:24 PM
I just like to add that if your wife is not making enough money, then you have to find someone who can provide affidavit of support along with the filing of green card for you.
1. You are entitled to file adjustment of status application.
2. Affidavit of support is required for anyone who files green card application.
Good luck.
Just to clarify
I can file for AOS even though i am well over my 194 and came in under the VWP from the uk?
Finding a sponsor for me would not be difficult though i was led to believe it had to be my spouse is this not the case?
Thankyou very much for your response it is much appreciated
Paul.
1. You are entitled to file adjustment of status application.
2. Affidavit of support is required for anyone who files green card application.
Good luck.
Just to clarify
I can file for AOS even though i am well over my 194 and came in under the VWP from the uk?
Finding a sponsor for me would not be difficult though i was led to believe it had to be my spouse is this not the case?
Thankyou very much for your response it is much appreciated
Paul.
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martinvisalaw
06-29 05:12 PM
Hi Ms Martin,
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.
What if my visa petition gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.
First, you cannot get admitted to the US with an expired visa, unless your trip is just a short one to Canada or Mexico.
Re. your second point - your H-1B extension will still be valid even though you entered using the AP. You can use that approval notice to get a new H-1B later if you want one.
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.
What if my visa petition gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.
First, you cannot get admitted to the US with an expired visa, unless your trip is just a short one to Canada or Mexico.
Re. your second point - your H-1B extension will still be valid even though you entered using the AP. You can use that approval notice to get a new H-1B later if you want one.
more...
hpandey
12-24 03:29 PM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .
If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .
What you are suggesting is certainly possible but complicated.
Easy way would be to go on AP and use your EAD and AC21 to move to another company .
But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .
If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .
What you are suggesting is certainly possible but complicated.
Easy way would be to go on AP and use your EAD and AC21 to move to another company .
But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .
sanjay02
07-28 02:47 AM
Hi
My PD is Nov 2005 , I had I-485 interview in Feb 2009, because dates werent current I was given a letter saying "Your case has been continued because of VISA unavailability"
My question is if I claim unemployment insurance would I have issues in GC adjucation? ( Since my case is already pre-adjucated)?
Thnks
My PD is Nov 2005 , I had I-485 interview in Feb 2009, because dates werent current I was given a letter saying "Your case has been continued because of VISA unavailability"
My question is if I claim unemployment insurance would I have issues in GC adjucation? ( Since my case is already pre-adjucated)?
Thnks
more...
unseenguy
05-16 03:49 PM
How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.
CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.
There is nothing to be scared of in the interview. If you are skilled immigrant from any country and your case is genuine, what are you scared of in the consular interview? Attorneys here will always ask you for I485, sure it helps most people than those filing CP , but there is also economic advantage to attorneys suggesting this option.
As I said, those from non retrogressed countries can file concurrently, also those countries such as India which are experiencing wide swings in visa bulletins are able to file concurrently. If I140 is NOT approved and date is current, it makes sense to file I485 as it gives you additional protections by law.
CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.
There is nothing to be scared of in the interview. If you are skilled immigrant from any country and your case is genuine, what are you scared of in the consular interview? Attorneys here will always ask you for I485, sure it helps most people than those filing CP , but there is also economic advantage to attorneys suggesting this option.
As I said, those from non retrogressed countries can file concurrently, also those countries such as India which are experiencing wide swings in visa bulletins are able to file concurrently. If I140 is NOT approved and date is current, it makes sense to file I485 as it gives you additional protections by law.
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alterego
03-13 12:27 AM
Congrats.
Apparently TSC is having some difficulty with their online system. My lawyer told me this this week.
Apparently TSC is having some difficulty with their online system. My lawyer told me this this week.
more...
thomachan72
03-31 03:29 PM
Congratulations!
You have a Oct 04 priority date. Your date was current for quite some time. What took them so long? Did you switch from Eb3 to Eb2?
Congrads. I have the same question. why so long? are there still people with 04 PD out there waiting? Why is it that we are seeing "card recieved" posts very rarely these days? Have they slowed issuing GC to those with PD current?
You have a Oct 04 priority date. Your date was current for quite some time. What took them so long? Did you switch from Eb3 to Eb2?
Congrads. I have the same question. why so long? are there still people with 04 PD out there waiting? Why is it that we are seeing "card recieved" posts very rarely these days? Have they slowed issuing GC to those with PD current?
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mach1343
05-13 11:36 PM
I am in the similar situation. Attended for visa interview at Toronto US Consulate on May 6. VO just kept I129 (All the annexures), Client/vendor letters. Informed you will get replay within 1-2wks. Its already been a week, I didnt get any response back. Consulate called client on the same day. No updates after that.
Appreciate if someone could let us know, usually how long it takes to get any status update ? I have been working with the same Employer/Client for last 4 years.
Are you working for a consulting company or a direct to your employer?
Appreciate if someone could let us know, usually how long it takes to get any status update ? I have been working with the same Employer/Client for last 4 years.
Are you working for a consulting company or a direct to your employer?
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PALLO
04-21 01:51 PM
[QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.
what kind of evidence you need to provide to show the intention that you will move back to the original location!
what kind of evidence you need to provide to show the intention that you will move back to the original location!
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msyedy
12-13 01:29 PM
I like your thoughts
I would want a faster GC for many things
a) Spouse can work in any field. People can be talented in many other skills but cannot work because of EAD factor.
b) I can go out of country any time. There are lot of checks at embassy and I am with them that they need to check all about me or anyone, but it takes months to get clearance and I cannot leave my job. Nor the job would keep me with 4 month vacation .Many of my friends have gone through this.
my two cents
I would want a faster GC for many things
a) Spouse can work in any field. People can be talented in many other skills but cannot work because of EAD factor.
b) I can go out of country any time. There are lot of checks at embassy and I am with them that they need to check all about me or anyone, but it takes months to get clearance and I cannot leave my job. Nor the job would keep me with 4 month vacation .Many of my friends have gone through this.
my two cents
more...
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chnaveen
03-16 03:41 PM
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
Any 485 application based on a dependent status to the Primary will be decided based on the relationship. If the relationship breaks legally (through Divorce) before the final decision on the pending 485, the dependent's 485 application will be denied. But as you said, she is on H1 and has another GC processing solely in her name, that would not be affected at all with your divorce and also her H1 status too not affected.
Dependent's current EAD based on your GC will also be revoked, but I am not sure whether EAD will be valid until 485 is denied.
You may have to send your Divorce decree to USCIS mentionig about the Change of Status in your maritial Status and referring to your pending 485 Application receipt numbers including her application's receipt numbers.
Any 485 application based on a dependent status to the Primary will be decided based on the relationship. If the relationship breaks legally (through Divorce) before the final decision on the pending 485, the dependent's 485 application will be denied. But as you said, she is on H1 and has another GC processing solely in her name, that would not be affected at all with your divorce and also her H1 status too not affected.
Dependent's current EAD based on your GC will also be revoked, but I am not sure whether EAD will be valid until 485 is denied.
You may have to send your Divorce decree to USCIS mentionig about the Change of Status in your maritial Status and referring to your pending 485 Application receipt numbers including her application's receipt numbers.
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Munna Bhai
01-09 12:50 PM
which service center? You can ask your employer to ask USCIS as 140 is employer's application.
NSC
NSC
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eb3_nepa
01-08 04:36 PM
The H4 to H1 applied in 2006 quota is very slow.Some cases are getting approval even in jan(one of my friends wife got approval last week).
No rule yet to exempt H4 from H1 quota.
Hi,
Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
No rule yet to exempt H4 from H1 quota.
Hi,
Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
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jliechty
January 4th, 2005, 11:25 PM
The selective coloration of this one works well, IMHO.
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sriteam
07-07 02:04 PM
Rated 5 starts.
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gk_2000
08-10 08:45 PM
You can read the details of the bill at
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
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snathan
02-23 10:07 PM
I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.
Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.
I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.
Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...
Why dont you ask this question in a free attorney's call.
Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.
I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.
Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...
Why dont you ask this question in a free attorney's call.
go_gc_way
05-25 10:37 PM
My sincere , Thanks for your support & help provided to IV.
YOU ARE GREAT.
YOU ARE GREAT.
sys_manus
04-07 01:58 PM
What makes you think skilled computer "operators" come only from reputed US universities???
The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.
The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.