dealsnet
08-20 03:33 PM
Did you fille tax retun showing the gas station income ?
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gc_on_demand
05-01 12:05 PM
1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.
2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.
Correct .. I am in same situation..
2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.
Correct .. I am in same situation..
cygent
05-28 01:49 PM
Hi Jerrome,
You should receive it in 3-4 days max. We got it in 2 days. Please ask them to recheck, or call USCIS 1-800 number or even better conduct INFOPASS where they can even resend the RFE to another address if necessary.
Generally how many days it takes to get the actual RFE in hand.
You should receive it in 3-4 days max. We got it in 2 days. Please ask them to recheck, or call USCIS 1-800 number or even better conduct INFOPASS where they can even resend the RFE to another address if necessary.
Generally how many days it takes to get the actual RFE in hand.
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chanduv23
03-08 08:48 PM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.
It if definitely interesting to note that eb1 India has so much demand.
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.
It if definitely interesting to note that eb1 India has so much demand.
more...

ksrk
08-15 02:13 PM
Thank you ksrk for your reply on validity of I-94.
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.
2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.
-K
DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.
2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.
-K
DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.
painful_GC
03-10 03:32 PM
Hi Txuser,
Many thanks for your prompt response.could you please clarify the following ??
As the H1 is still in progress can we apply for L2 COS and wait for H1 Decession ?? Will USCIS considers me on L2 if it gets approved before the H1 ?? I am confused about this.
I really want to stay on H1 and move to L2 unless my H1 is denied
Thanks
Many thanks for your prompt response.could you please clarify the following ??
As the H1 is still in progress can we apply for L2 COS and wait for H1 Decession ?? Will USCIS considers me on L2 if it gets approved before the H1 ?? I am confused about this.
I really want to stay on H1 and move to L2 unless my H1 is denied
Thanks
more...
sunny1000
02-01 09:11 PM
Hi Everyone,
My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.
Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.
Thanks if you can help me out
Regards
Karthik
Technically, there should not be an issue. But as the other poster suggested, it may be better to extend it since you are still outside the 120 day window for application.
My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.
Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.
Thanks if you can help me out
Regards
Karthik
Technically, there should not be an issue. But as the other poster suggested, it may be better to extend it since you are still outside the 120 day window for application.
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whitecollarslave
01-23 01:37 PM
$1000 is a lot for Premium Processing and VSC is profiting a lot from this. They are running a business for sure....
Its only extensions which are a long time.
USCIS is self-funded from application fees. They don't get any other funding as far as I know. So, sure they are running a business.
I know its not cheap, but atleast there is a way. I have been in this long enough to know times when it took a long time without an option of premium processing.
You can always make your employer pay for the fees.
Its only extensions which are a long time.
USCIS is self-funded from application fees. They don't get any other funding as far as I know. So, sure they are running a business.
I know its not cheap, but atleast there is a way. I have been in this long enough to know times when it took a long time without an option of premium processing.
You can always make your employer pay for the fees.
more...
GoneSouth
03-21 10:40 AM
Hi Nickhil,
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
hair A look at where we have been.
donsimahajan
06-20 05:46 PM
The reason why EB2 India is moving so fast is because people with 2001 PDs are stuck in BECs. Once they come to apply for I-140/I-485, EB2 India PD will retrogress to 2001 again. So the progress you are watching is an illusion.
That's a good point. It will be terrible to see the dates retrogress again. There's no end to this.
Donsi
That's a good point. It will be terrible to see the dates retrogress again. There's no end to this.
Donsi
more...
godbless
11-01 02:56 PM
My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?
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santb1975
05-17 11:00 PM
Thanks a lot
My $100..
Paypal ID #8BB01536AL566510N
Thanks
My $100..
Paypal ID #8BB01536AL566510N
Thanks
more...
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loudobbs
07-17 05:39 PM
You seriously think anyone is going to answer given your user name?!
I was trying to be sarcastic....:D :D :D :D
I was trying to be sarcastic....:D :D :D :D
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indian2012
02-24 05:34 AM
I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.
Is it illegal even if it is the same job but extra work?
Does it matter if the emoloyer already filed I140 on my behalf?
I know atleast 2 individuals who did it and got greencards without a problem.
Is it illegal even if it is the same job but extra work?
Does it matter if the emoloyer already filed I140 on my behalf?
I know atleast 2 individuals who did it and got greencards without a problem.
more...
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DSLStart
10-02 11:43 AM
sorry to hear your wife's bitter visa experience. But you should have researched in this web site and other web sites like immigrationportal.com for people's experience at Canadian US consulates, most of them have stressed the fact that, if its a first time H1 stamping without education in US, avoid going to any third country for stamping. Very less chance of getting approved. Even on web site of US consulates in Canada it is clearly mentioned.
But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.
My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!
But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.
My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!
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krupa
04-29 03:24 AM
I do not think that you have any issues to work on W2 with an end client or with any other consulting company. Since you have completed six months period with your present employer, who supported to file GC , from the date filing I 485, there should not be any issues at all. Also filing AC21 is optional. If you are on bench your first option should be to find a project ASAP.
Why do you do not want to file AC21, do you have any apprhencion or any specific reason ?
Regarding your first question : QUOTE [Could any one please answer my questions about my RFE on I 485?]
Many applicants got same RFE. I believe no body knows accurately reason for this type of RFE. There may be valid reason for this type of RFE , that 485 applicant is on bench for a long period , left USA surrendering I94 , Employer might have cancelled H1 visa and even some applicant got RFE without of any of these reasons.
Why do you do not want to file AC21, do you have any apprhencion or any specific reason ?
Regarding your first question : QUOTE [Could any one please answer my questions about my RFE on I 485?]
Many applicants got same RFE. I believe no body knows accurately reason for this type of RFE. There may be valid reason for this type of RFE , that 485 applicant is on bench for a long period , left USA surrendering I94 , Employer might have cancelled H1 visa and even some applicant got RFE without of any of these reasons.
more...
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pappu
08-13 10:20 AM
Thanks Pappu for your reply.
I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...
Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.
Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.
If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.
Thanks . We look forward to your participation in IV efforts. We currently have an action item to meet lawmakers. Please participate in that action item to get involved in the grassroots advocacy effort and know more how it works.
I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...
Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.
Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.
If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.
Thanks . We look forward to your participation in IV efforts. We currently have an action item to meet lawmakers. Please participate in that action item to get involved in the grassroots advocacy effort and know more how it works.
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anil
04-02 11:20 AM
I would rather fight it here without sending her to India (it happened to me). If you (primary) are living here legally with all your past H1's available in hand, then you hire a gora lawyer. Don't go to Murthy or Rajiv Khanna, they charge hefty. Basically what you need to do is -
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
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yabadaba
11-06 08:05 AM
Does anyone know the benefit to go for PIO or OCI... in relation to the Indian Baby born in US..
Thankyou
Your child is an American of Indian Origin. not an "Indian" baby born in the US.
One of our key duties as immigrants is to instill that value in our children. This way neither will they be confused, nor will they reject their roots
Thankyou
Your child is an American of Indian Origin. not an "Indian" baby born in the US.
One of our key duties as immigrants is to instill that value in our children. This way neither will they be confused, nor will they reject their roots
priderock
09-01 05:51 PM
Congratulations to those who got the "Card Production Ordered" email. Could you guys share if you had to go through a second finger print
No second FP for me. first one in 2007. I had the very same question before. I gather that they are renewing the old FPs.
No second FP for me. first one in 2007. I had the very same question before. I gather that they are renewing the old FPs.
averagedesi
07-13 02:57 PM
Here is an excerpt from the blogs of one immigration attorneys
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it