Monday, June 27, 2011

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  • gemini23
    08-07 09:56 AM
    Just called USCIS to find out the estimated processing time to get gc for indyanguy. you will get it in 265 days and 2 hours.

    Just kidding. No one can predict such thing man. relax.




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  • perm2gc
    06-11 12:12 PM
    Asked Core Iv A Question And They Deleted The Thread

    --------------------------------------------------------------------------------

    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
    I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
    get out of box...IV core always asked people to PM if they need some information and IV core goals will not be discussed in public..




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  • meridiani.planum
    12-31 02:07 PM
    Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.

    People come to IV because they think that there are some good people who would suggest and help.

    And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.

    And IV is an org and it at their wish and will of individual whether to contribute or not.

    so please do not force any one.

    Good luck to you.

    Eric S Raymond (ESR to all open-source aficionados) wrote a very interesting article (well, its almost a thesis) on the topic of asking questions on a mailing list:
    http://www.catb.org/~esr/faqs/smart-questions.html

    Most of it applies to technical forums and mailing lists, but I think the first section (linked below) also applies to IV:
    http://www.catb.org/~esr/faqs/smart-questions.html#before

    As we get past Jan 2nd (the ~180 day mark for July filers), everyday we see three or four threads from people asking the same questions on AC-21. A simple Google search (or even the nice search-threads option on this forum) would have helped those people. Two things from that ESR article that I wish all posters understood:

    When you ask your question, display the fact that you have done these things first; this will help establish that you're not being a lazy sponge and wasting people's time.

    Never assume you are entitled to an answer. You are not; you aren't, after all, paying for the service. You will earn an answer, if you earn it, by asking a substantial, interesting, and thought-provoking question � one that implicitly contributes to the experience of the community rather than merely passively demanding knowledge from others.




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  • ryan
    05-28 07:57 PM
    Thanks Ryan for reply but I am bit confused... Do I need to have US Visa for working with Canadian company, even if company don't have anything do with US.

    It's canada based company and will be working remotely.

    Let me get this straight; You're working "remotely" for a Canadian firm whilst living (full time) in the United States?

    You shall require a US work visa or a legal resident status to live & work in the US - because (like I said) your status in Canada is irrelevant whilst living & working full time in the US (for a US or foreign Company) I'm not quite sure why that's confusing?



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  • 2008FebEb2
    09-15 12:35 PM
    There is already one for EB3 ...
    http://immigrationvoice.org/forum/showthread.php?t=20798&highlight=poll

    That list for EB3 looks like a Mammoth compared to Eb-2. :D




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  • insbaby
    04-30 12:45 PM
    Why is the issue date matter?

    When was the birth registered? If it says recently, then you should go thru the process.

    If the birth was registered proerly at right time, you will not have problems.

    Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.



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  • martinvisalaw
    10-15 03:47 PM
    I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.




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  • gmail
    07-22 01:31 AM
    Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.

    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.



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  • pnjbindia
    04-11 06:26 PM
    Lasanthe,

    Thanks.
    When I applied for my wife's AOS 3 weeks ago as a derivative, my lawyer also wrote in the cover letter to consider my case in cross chargeability.
    But I have not seen any LUDs on my case yet. One point is that , may be I have to wait till my wife has got her FP cleared? Or can I get my case approved before hers? My FP is cleared....

    Do you think they can give me the GC before my wife? Or they both have to come at the sametime... she is my AOS dependent, but i am using her country for cross chargeability.... any thoughts....




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  • starlite
    07-21 11:33 AM
    As long as you never out of status from the last time you reenter US (Aug 97) you should be OK and should submit your I485

    Thank you katrina for your response.
    My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
    I also wonder if my entries from 1986 will show up when they check the records.



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  • bsbawa10
    08-15 07:06 AM
    How to add an enty?
    it does not let me.

    Try it now




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  • ultimo
    10-02 10:07 AM
    it wont be a uscis mistake . who knows , too much application they are carreid away



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  • prem_goel
    08-18 04:22 PM
    If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.

    I think you probably can get the H-1B stamped as well and have your wife enter as H-1B.




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  • hojo
    09-05 09:32 PM
    very nice footer lostinbeta, original and clean, looks great



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  • Aah_GC
    07-08 03:06 PM
    Get your wife to use EAD (and hold off on H1 transfer) and wait for your GC card. Many congratulations to you and have a great future ahead..




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  • GlobalCitizen
    08-21 03:40 PM
    I have the similar situation, worrying about not getting receipt before expiration date. I called USCIS, the lady told me that as long as I filed before the expiration day, I'm okay to work. If someone else could call USCIS, get different people answer this question, and confirm this, that will be helpful.

    What number Would I call? 1-800-375-5283 is just messages



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  • rajivkumarverma
    10-16 07:18 PM
    Sorry to hear about ur denail .I've been through this .Unfortunately u cant fime MTR bacause it has to be within 30 to 33 days of denail depending how u get ur denail notice .U can file an apeal but that will take more time then filing a new 140 and getting spproval .I dont know if u can use old labour .If u can use old labout then better to file new 140 with approved labour .If u cant use old labout then apeal may be batter becaue more n more labours are goin to audit and endless delays .
    hope it helps .
    Hi Talash
    If I file my new labor and I-140 will I lose my old priority dates




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  • txuser
    03-10 01:31 PM
    You can apply for L2 with COS online using form I-539. I'm not sure about applying for L2 without COS though. You can probably apply for L2 with COS now, and if your H1B goes through fine, withdraw the L2 petition.

    Make sure that you attach copies of your prior employer's H1B Approval Notice, recent paystubs, new employer's H1B receipt notice, paystubs, your I94 along with the other documents to substantiate that you are currently in status and in the country. This is required for the USCIS to grant COS and I-94 with your L2 approval notice.

    Also, in the above case, you don't have to go out of country - you will get a new I-94 along with your L2 approval notice.

    Please note that this is just my opinion based on my recent transition from H1B to L2. Please get the advice of an Immigration Attorney (probably your new employer's attorney?) before taking any decision.




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  • jthomas
    04-24 12:47 PM
    A Memorandum of Marriage is different from the Certificate of Marriage.
    A Memorandum of Marriage is required to obtain a Marriage Certificate.

    Here is a sample (Schedule A) of the Memorandum of Marriage.
    You will need to obtain one from your local Marriage Court.
    http://ncw.nic.in/compMarriageBill.pdf

    I would say, the marriage certificate, a notarized copy of the Memorandum of Marriage from India, with some additional proof, like photos, invites', etc should suffice.

    To avoid the RFE, will it be okay to get registered at the local county in US?

    I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL




    shantak
    02-29 04:57 PM
    Same here, not received FP. Raised an SR but no use.
    Hope it will not cause any issues during EAD and AP renewal
    My case is at TSC and July 2007 filer




    WeShallOvercome
    09-11 01:03 PM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.


    Stay calm!!!

    It's already about 2 months since you filed your AOS application.
    Now you THINK that you might be laid off - Are you sure ?
    But in any case, it's good to be prepared for the worst.

    Apply for EAD/AP without wasting a minute (Just include your Fedex receipt or proof of delivery with your application and include a bright colored paper in your application and write the following on it:
    Attn: Mail room
    This I-765 application is in connection with the I-485 application filed on xx/xx/xxxx the receipt for which has not been received. The details of the I-485 application are:
    Lastname
    Firstname
    DoB
    Country
    EB category
    PD
    "

    After you have done that, Find a new employer and get your H1 transfer process started. It does not have to be approved for you to start working for the new employer, it just needs to be filed. But keep working for the current employer as long as possible.

    If you are laid off, talk to the HR and make sure they keep your I-140 alive for atleast until 6 months have passed.

    Even if you are laid off before 6 months, you'll be fine if your I-485 is not adjudicated within 6 months(it WILL NOT happen)..

    You don't need to be on constant payroll after filing your AOS. Just that sometimes they send an RFE asking for recent paystubs, Which is not likley to happen in your case. A few weeks break is fine..What is your PD btw?



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