Monday, June 27, 2011

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  • plakshmi
    02-27 11:15 AM
    We filed for adjustment of Status in August 2006 and received EAd's and travel documents. We have not yet received fingerprint dates. Will it take this long? Any advise on how to deal with this?

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  • reddy2cool
    08-20 11:29 AM
    Hi all,

    I got married in March 08. My wife is on H1 before marraige and working at Minenapolis but after the marraige she always stayed here(found a diff project) with me in DC. The mistake (i think) we didnt paid much attention the to the update on the address or the maritul status on paystubs and as of now both our paystubs show our older addresses and single status (as we thought we can file a joint return at the year end where we can do all adjustments). Now that my date is current and applying spouse as derivative will this raise any rfe (ofcourse i have the marraige doc)? As such iam not to bothered about the rfe per se as ours is a genuine marraige but iam worried whether these rfe will lead to extreme delays (i have seen cases) and whether anybody encountered this kind of scenario before pl post your experience.

    Appreciate your opinions on this.

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  • kirupa
    03-01 04:29 PM
    Haha, no that's fine. Hand-drawn is what I meant. I could never turn down pixel art :P

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  • Blog Feeds
    06-26 01:40 AM
    Aliens who married or had children before the date of obtaining permanent residency can possibly confer �following-to-join� benefits to their family members. Due to this process, spouses and children will be able to receive green cards quickly. �Following-to join� is not family based immigration, but is similar to a child/spouse receiving derivative benefits based on a primary LPR�s immigration petition.

    Here are the following requirements to be met in order for a spouse or child to qualify under �following-to-join�:
    1. The LPR must have adjusted status or obtained an immigrant visa through a preference category (family or employment based) or diversity lottery. A LPR�s visa number must also be current in order for a family member to receive �following-to-join�.

    2. The petitioner married/had children before becoming a permanent resident and the relationship between the permanent resident and spouse/child is intact at the time of filing. Children of LPRs must be unmarried and under the age of 21. Furthermore, the child/step-child must be from an existing marriage before the LPR obtained permanent residency.

    �Following-to-join� is convenient because it allows primary beneficiaries to do away with filing a separate I-130 for their spouse or child, greatly expediting the green card approval process. Furthermore, spouses and children of LPRs do not have to wait for a visa number to become available. Where a LPR�s spouse or child currently resides affects what procedures he/she needs to follow. If ones spouse and/or child are already in the United States, they may apply for adjustment of status (I-485) based on �following-to-join� and if they are outside of the United States then LPRs need to inform a U.S. consulate of their lawful permanent residency status in order for their family members to apply for an immigrant visa.

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  • greenisgood
    12-07 12:11 PM
    H1b starts mean the day LCA Petition is filed or day I797 is issued ?

    Day 1 means the receipt date of your H1B for Company B.

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  • mirchiseth
    03-15 11:50 AM
    Wrote too early. Found some solutions from some of the members

    But since I am no longer working for the I-140 filing company, I need to find out how would that pan out..

    - Pankaj


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    03-26 04:02 PM
    Vikram ,

    Can you please share your experience of getting the visa in one day at Detroit ?


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  • puddonhead
    06-15 05:16 PM
    First, your friends father needs to find an employer who is willing to sponsor him for H1B and later for GC. Usually, all legitimate employers will have a host of immigration lawyers and counselors who will take care of things from that time onwards.

    That said - now may not be the best time to try and find a job in US. Finding a H1B job (i.e. one that cant be filled locally) - is even more of a challange. I wish him best of luck.

    If the person has relatives in US (is your "friend" a US citizen?) - then he may be able to "quickly" (1/2 years for immidiate relative, much more for others) immigrate using the family based immigration.


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  • glus
    09-24 09:03 AM
    It often takes a few letters to be sent to USCIS before anything happens in such situations. It seems like USCIS sometimes disregards attorneys' letters. But once someone takes the letter seriously, you should see some soft LUDs on your case; although it does not always happen.

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  • fromnaija
    11-14 05:15 PM

    Would you know the minimum wage level needed to qualify for EB2?

    That would depend on prevailing wage for the job and the job location.


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  • sunofeast_gc
    09-24 06:33 PM
    I got my Finger Printing notice today and I was comparing it with the 485 receipt. The 485 receipt had A# as A9xxxxxxx ( A with 8 digits) as the receipt number while the FP notice had A09xxxxxxx as the number.

    The FP notice has a "0" after the "A" and the 485 notice does not have that 0. All the digits are the same but for the 0. Any one has it similar. do i need to worry abt it? any suggestions? You think i need to get it corrected?

    485 received July 27, 07
    485 Receipt date - Aug 27, 07
    FP issued - Sep 18, 07

    Many people including me too had same issue, don't need to worry....

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  • dpp
    06-01 12:24 PM

    Please start a webfax campaign in support of the Amendment S.1249, being co-sponsored by senators Maria Cantwell (D-Wash), John Cornyn (R-Tex.), Patrick Leahy (D-Vt.), Orrin Hatch (R-Pa.), and Robert Bennett (R-Utah).

    There is no use just opposing the existing bill without proposing what we want actually.


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  • ak_2006
    05-11 03:13 PM
    Where is the bulletin. :rolleyes:

    As we know, it will be out before, we can expect by 13th or 16th in worest case :). I knew...that you have better understanding than me.

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  • kumar_459
    11-05 07:30 PM
    Any one has some suggestions??


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    06-22 12:31 AM
    Thank you.

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  • badal
    11-01 06:59 AM
    thanks for putting that into perspective!
    I am getting driven nuts as I see the plight of those stuck in name check for years. It is so sad that some of us have had to hold life's decisions waiting for a piece of paper.. thanks anyways.


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  • glus
    01-19 12:59 PM
    Can you provide more information? What did they tell you at walk-in?

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  • nagu
    02-26 09:57 PM
    you mean Ron Gotcher. I approached today and he said no. But i did not mention about MTA/MTR option.

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  • Blog Feeds
    07-09 12:30 PM
    AILA Leadership Has Just Posted the Following:

    The Senators are coming, the Senators are coming! That's right, the Senate is debating the DHS Appropriations bill right now, and immigration amendments are being offered. I blogged about the Sessions E-Verify proposal yesterday. Well bill, that passed by voice vote this morning, but not before the Senate voted down a proposal from Senator Schumer to table the Sessions proposal. Senator Leahy, in an astute move prior to the vote on Sessions' E-Verify bill, amended that bill to include a permanent extension of the EB-5 Regional Pilot Program. So, Leahy's amendment permanently extending the EB-5 Regional Pilot Program was approved too!

    Senator DeMint from South Carolina threw in a bill to mandate the construction of actual fences along 700 miles of the Southern Border, taking away the right of DHS/CBP to decide how best to protect that border. That has also passed.

    Senator Hatch has now introduced a bill which includes positive changes including undoing the Widow Penalty, and a religious worker extension and a rural doctors program extension. You can still call the Senate Switchboard to voice your support for this latter bill, and your disgust with the Senate passage of laws without debate that will affect millions of lives and cost billions of dollars. You can reach your Senator by calling 202-224-3121.

    All of these amendments, of course, must now go back to a conference committee with the House, and there is no guarantee that any of them will become law. But, lest you thought your time to relax from calling your Congressman was over, it has now started again. Get on the phone and start demanding REAL Immigration Reform, rather than this piecemeal junk.

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    05-30 01:28 PM
    The text is a bit hard to read, but I really like the rest of itOh comon you're just too lazy it's perfectly readable :sure:.

    Blog Feeds
    08-09 09:50 AM
    The local San Diego USCIS office suggests that certain remedies may be available for military families facing the problem of ineligibility to adjust status because of unlawful entry by a family member seeking adjustment of status. Most often the situation occurs when a United States citizen service member�s spouse entered without inspection and thus cannot adjust status. Current way to fix the status is via Ciudad Juarez waiver process (I-601 waiver application (

    One potential remedy is �Parole in Place,� where the District Director in San Diego, Mr. Paul Pierre, can parole the alien, who then will be eligible to adjust status. Paroling only cures the issue of admission or parole under INA � 245, not other inadmissibility issues. To seek Parole in Place, address the request to Mr. Pierre. Include the following:

    1. Form I-131 (but it does not need to be paid for when applying)
    2. Evidence of impending deployment
    3. Proof of relationship of alien to the United States citizen service member
    4. Evidence of hardship to the service member and how the situation affects the service member�s �readiness� to perform his or her mission in defense of the United States.

    USCIS also has a program where I-601's will be adjudicated at the United States Consulate in Ciudad Juarez at the time of an immigrant visa interview for the relatives of service members. Mr. Pierre also has the authority to grant Deferred Action. (Regarding issues of admission for adjustment of status purposes, read Sum v. Holder, 602 F.3d 1092 (9th Cir. 2010).) (

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