dvb
10-12 12:01 PM
Unfortunately, we are left trying to fix things ... based on these forums, I probably now know more about immigration law than some of the USCIS people. :D
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cooldudesfo
09-20 01:53 PM
Hi rc0878,
Yes, I do have EAD and AP in hand. I got my AP papers in mail around 1 week back. I am not sure about processing times at this very moment.
Also, received original 485 receipt notices from my Attoreny and it does say RD is July 2, 2007, which is good.
My case has successfully reached at NSC and have not seen any LUD after that. Still waiting for FP notices so that I can consider that everything is good with my case at NSC..
Thx..
Yes, I do have EAD and AP in hand. I got my AP papers in mail around 1 week back. I am not sure about processing times at this very moment.
Also, received original 485 receipt notices from my Attoreny and it does say RD is July 2, 2007, which is good.
My case has successfully reached at NSC and have not seen any LUD after that. Still waiting for FP notices so that I can consider that everything is good with my case at NSC..
Thx..
belmontboy
09-18 08:18 PM
We would like to know the count of GC waiting applicants with US citizen children.
why??
why??
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mirchiseth
06-17 12:19 AM
Update: I got the fingerprinting or ASC notice for both of us. So it seems things are moving.
more...
monkeyman
10-16 11:55 AM
My wife had the same issue. We had to type the following letter and attach evidence as follows:
Date Entered to US - Visa Type - Date leaving US I-94 Status Evidence
For the evidence, you need to refer to the copy of the passprt that indicates the stamping and your lawyer must include a letter that states that he has verified all the dates and attach the reference to page number duly attested by the lawyer's office.
Under the I-94 status column, you need to indicate if the I-94 was surrendered at airport or not. If you are not aware, please enter 'do not know'. Visa type was the type of visa used to enter US (my wife travelled on B1, H1 (some 10 times) and most recently on H-4) and now waiting for EAD to resume a new career.
Hopefully that should address it. Apparently, my lawyer has never seen an RFE on I-131. So, he's not sure if that resolves it or not. Case status still indicates an RFE online. Good luck.
Date Entered to US - Visa Type - Date leaving US I-94 Status Evidence
For the evidence, you need to refer to the copy of the passprt that indicates the stamping and your lawyer must include a letter that states that he has verified all the dates and attach the reference to page number duly attested by the lawyer's office.
Under the I-94 status column, you need to indicate if the I-94 was surrendered at airport or not. If you are not aware, please enter 'do not know'. Visa type was the type of visa used to enter US (my wife travelled on B1, H1 (some 10 times) and most recently on H-4) and now waiting for EAD to resume a new career.
Hopefully that should address it. Apparently, my lawyer has never seen an RFE on I-131. So, he's not sure if that resolves it or not. Case status still indicates an RFE online. Good luck.
rb_248
02-04 05:01 PM
Hi guys,
I have booked an online visa appointment (Chennai consulate) on Feb 26th.
Help me with what is all required for Visa stamping.
Anything to be really careful about?
Any tips will be highly appreciated.
srikondoji,
My wife and I have an appointmnet on the 20th of Feb at Chennai. I am taking the same set of documents I took couple of years ago (of course the updated ones). Olny thing is this time my I-140 is approved and I have disclosed that info in my application. I am hoping that nothing will go wrong. PM me if you want feedback after my interview.
I have booked an online visa appointment (Chennai consulate) on Feb 26th.
Help me with what is all required for Visa stamping.
Anything to be really careful about?
Any tips will be highly appreciated.
srikondoji,
My wife and I have an appointmnet on the 20th of Feb at Chennai. I am taking the same set of documents I took couple of years ago (of course the updated ones). Olny thing is this time my I-140 is approved and I have disclosed that info in my application. I am hoping that nothing will go wrong. PM me if you want feedback after my interview.
more...
JunRN
02-11 05:12 PM
It i svery hard to make predictions because of the possible distortion in the trend due to the new NC>180 day rule.
If you know Process Control, we need to wait for it to settle down for at least 2 more months (by June) before the trend starts to normalize.
If you know Process Control, we need to wait for it to settle down for at least 2 more months (by June) before the trend starts to normalize.
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pushkarw
12-19 05:36 PM
When you want ride in a bus, you have to buy a ticket. I hope everyone agrees - at least that is the legal way :). The ticket to ride on the "Omni Bus" needs millions of dollars not thousands. Thousands lets you look inside the bus, not ride it.
LETS MARCH TO A MILLION! LETS BUY OUR OWN TICKET!
Please visit the funding thread. There you will find words of wisdom and words of inspiration for all of us.
LETS MARCH TO A MILLION! LETS BUY OUR OWN TICKET!
Please visit the funding thread. There you will find words of wisdom and words of inspiration for all of us.
more...
mrmr
10-16 05:15 PM
Hi folks
Can spouse apply for OPT ( F1 student) while a pending EAD (thru 485) is awaited. Appreciate your response.
Thanks
Can spouse apply for OPT ( F1 student) while a pending EAD (thru 485) is awaited. Appreciate your response.
Thanks
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venkygct
05-28 01:09 PM
Its NSC
Is your application pending at TSC or NSC?
Is your application pending at TSC or NSC?
more...
Kalloo dada
03-01 12:17 PM
I did everthing by myself. Never hired a lawyer
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sam_hoosier
06-09 02:09 PM
Per USCIS website, its talking 11 weeks for EAD renewal at NSC.
https://egov.uscis.gov/cris/processTimesDisplay.do
https://egov.uscis.gov/cris/processTimesDisplay.do
more...
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FinalGC
05-13 08:43 AM
I would go with the prediction in the Jan 2010 Visa Bulletin:
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION
If Section 202(a)(5)were to apply:
China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION
If Section 202(a)(5)were to apply:
China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006
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eb3India
06-22 04:30 PM
Wake up guys, i am not being negative, i am just being positive,
the points that you mentioned applies to US economy, I Myself is playing very important role in Multi-million $$ product,
do you think US politicians care about us, they just showed straight finger, if you don't get then it'z not my problem
The only way we can get any thing out of these politicans by playing politics, show them the meat, we need to figure that out
One thing always worked is MEDIA, we need to get more attention on national media
again I am just being practicle
I don't agree with 'eb3india'. Don't be on negative attitudes. Negative thinking will not gain anything. Think positive !
India Government will listen to us because;
1) If you stay here in USA, you will send money to your parents and relatives.
They will spend money and improve indian economy.
2) If you stay here and become rich, you may start a busness in india and employ indians and indian economy will grow.
3) You may invest in houses and properties in india.
So, If you continue to work in US and make money, Indian economy will grow
indirectly. Did you get my point ? Mr Vayalar Ravi knows this very well. He knows the earning potential on NRIs in US.
the points that you mentioned applies to US economy, I Myself is playing very important role in Multi-million $$ product,
do you think US politicians care about us, they just showed straight finger, if you don't get then it'z not my problem
The only way we can get any thing out of these politicans by playing politics, show them the meat, we need to figure that out
One thing always worked is MEDIA, we need to get more attention on national media
again I am just being practicle
I don't agree with 'eb3india'. Don't be on negative attitudes. Negative thinking will not gain anything. Think positive !
India Government will listen to us because;
1) If you stay here in USA, you will send money to your parents and relatives.
They will spend money and improve indian economy.
2) If you stay here and become rich, you may start a busness in india and employ indians and indian economy will grow.
3) You may invest in houses and properties in india.
So, If you continue to work in US and make money, Indian economy will grow
indirectly. Did you get my point ? Mr Vayalar Ravi knows this very well. He knows the earning potential on NRIs in US.
more...
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dilbert_cal
04-05 11:36 PM
I agree with you. I was bit tense to see RFE email since it is my first RFE. I will try to avoid giving urgent words.
Thanks anyway for your reply.
I gave you a thumbs up for accepting that it was unnecessary starting this thread. What you did is something that is completely missing on this forum - a little bit of humility would be so nice out here.
Thanks anyway for your reply.
I gave you a thumbs up for accepting that it was unnecessary starting this thread. What you did is something that is completely missing on this forum - a little bit of humility would be so nice out here.
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Better_Days
09-19 03:08 PM
The Process of giving Birthright citizenship is a law called Jus Soli(14th Amendment) which was implemented in 1900's . Numbersusa and others are fighting to change the Jus soli to jus sanguinis which gives citizenship based on the child's parents Status to reduce the "Numbers".India Abolished Jus Soli in 1987 and dosent offer Birthright citizenship. I think going this Route to discuss the possibility to fight for parents naturalisation based on child's status will make us no different from Illegal Immigrants.
belive it or not, I knew that. I mean the part about the US, not the part about India as I don't hail from there.
The point that I was trying to make but did not state clearly enough was that I feel that when one has a political agenda whether it is pro or anti immigration, children should be kept out of it. Labeling children like anchor babies is dehumanizing. I believe that when kids are involved, as human beings, everyone should always be concerned about their best interest rather than what our political view.
This is why I hate the term anchor babies. The antis are willing to even dehumanize kids if it fits with their political view.
belive it or not, I knew that. I mean the part about the US, not the part about India as I don't hail from there.
The point that I was trying to make but did not state clearly enough was that I feel that when one has a political agenda whether it is pro or anti immigration, children should be kept out of it. Labeling children like anchor babies is dehumanizing. I believe that when kids are involved, as human beings, everyone should always be concerned about their best interest rather than what our political view.
This is why I hate the term anchor babies. The antis are willing to even dehumanize kids if it fits with their political view.
more...
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kondur_007
08-13 04:20 PM
Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
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sanju_dba
06-25 03:26 PM
My lawyer told me that my H1B status is maintained for 240 days after my visa expires.
Visa is for getting into the country only, an expired visa will not invalidate your H1 status.
Visa is for getting into the country only, an expired visa will not invalidate your H1 status.
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SK2007
10-12 10:19 AM
Hi All,
Could someone provide some guidance regarding my situation:
1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.
Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.
Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?
Also, any implications of my situation on the I-485 process ?
Thanks a lot for any input!
DVB
The easiest option is to travel outside the country and come back and get a new I-94. You might want tot go back to the local office where you went earlier, they might not issue a new I-94, but will be able to correct the date on the issued I-94, after you explain them the situation. A similar thibg happened to my wife on H4 few years ago. We went to the local office (Boston) and got it fixed.
Could someone provide some guidance regarding my situation:
1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.
Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.
Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?
Also, any implications of my situation on the I-485 process ?
Thanks a lot for any input!
DVB
The easiest option is to travel outside the country and come back and get a new I-94. You might want tot go back to the local office where you went earlier, they might not issue a new I-94, but will be able to correct the date on the issued I-94, after you explain them the situation. A similar thibg happened to my wife on H4 few years ago. We went to the local office (Boston) and got it fixed.
vin13
10-07 01:32 PM
This is a very sad story..But something doesnt sound right...the son was 19 and studying UCLA and he was killed too?....
longwait4gc
02-05 10:51 PM
UPDATE: My company attorney suggested talking about this in April, and I am nervous about waiting till then in limbo - things are only going bad to worse, I might as well find a job at a place which will sponsor a PERM sooner rather than later.
I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.
uhh..damn immigration process..
I was in similar situation last year. This what my attorney told me after layoffs. They have to wait 6 months after layoffs in the company before filing PERM again. The perm filing process in big companies take atleast 2-4 months. So if they are planning to file after 6 months then this is right time to start collecting documents. For this to happen it might need little push from your manager.
If your company is in a situation where they are planning to layoff people continously over the next year(I know one big company which is doing this) then it is better to talk to lawyers right now and decide the course of action because there is no point in waiting until april. If your manager strongly supports your case then some times lawyers can pull off tricks like there are no layoff with this particular skill set or in this division etc..
I dont know of any big company that is hiring. If your resume is hot(has specialized skills) then put it in dice or monster you will always find employer.
You can always switch to consulting and find consulting company which applies for GC right away.
I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.
uhh..damn immigration process..
I was in similar situation last year. This what my attorney told me after layoffs. They have to wait 6 months after layoffs in the company before filing PERM again. The perm filing process in big companies take atleast 2-4 months. So if they are planning to file after 6 months then this is right time to start collecting documents. For this to happen it might need little push from your manager.
If your company is in a situation where they are planning to layoff people continously over the next year(I know one big company which is doing this) then it is better to talk to lawyers right now and decide the course of action because there is no point in waiting until april. If your manager strongly supports your case then some times lawyers can pull off tricks like there are no layoff with this particular skill set or in this division etc..
I dont know of any big company that is hiring. If your resume is hot(has specialized skills) then put it in dice or monster you will always find employer.
You can always switch to consulting and find consulting company which applies for GC right away.
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