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maneris

04-07 03:20 PM

What abt Medical RFEs ? Are they sent only when your dates are current ?

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tabletpc

12-01 11:35 AM

Sorry to know u r situation. But remember not knowing rules is not an execuse with USCICS.

1.Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?

When you apply for trasnfer you need 2-3 recent pay stubs. Pay stubs are asked to show you are indeed working and not out of status.


2. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?

Usually transfer is easy when compared to getting first time h1B. However considering you qualification its difficult to say. However you can still get sufficient documents and try for an transfer. If you get RFE , you can then decide weather to gohead with transfer or not.

USCICS receive thoudands of application and i am sure they won't be willing to listen to your story.

My 2 cents...its illigal not to give pay stubs to employee. learn the rules from DOL website and you threaten the employer. I am sure employer he will bend as he will have to close the consultant if you report to USCICS about the this.

Good luck

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adnan_vijay

12-02 04:53 PM

my US green card holder mom partitioned for my green card in 2000

my priority date became current in june this year

my consular processing application has been lodge for almost 2 months now to USCIS.

can I please ask when is the FBI name check done?

how do I know if I pass the FBI name check?

:confused:

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Jessica Alba Sin City: Jessica

dohko

06-09 08:43 PM

Hi

I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.

Company is really flexible with job description.

Thanks in advance.

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freddyCR

February 1st, 2005, 11:52 AM

Well...I guess there are as many different opinions on that, as there are varieties of coffee. For me, it certainly is.

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Ann Ruben

01-30 09:52 AM

By "up front", I mean honest.

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Blog Feeds

12-18 09:50 AM

As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.



More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)

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Asian

10-03 10:00 AM

Kapoor made many good points very clearly! A very good job indeed.

I hope many more newspapers and magazines will deal with this story as well.

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nicki-minaj. Author: Felix

Immigration voice

06-08 04:25 PM

Any members in Iowa, please post here.
Hi, Everyone,
Any idea how long it takes to get 485 approved. I applied on EB1. My I-140 was approved in Jan07. Any idea about FBI check I mean Background check,Name check and other checks.....how much time it takes....
And in case if it stck where it could be and how to check the status of that stuck??????????????/
Can any one tell me how to check the status of my application or name chack with FBI.Where to call, whats the number and what to ask there etc etc....and other related questions


I'll appreciate your suggestions and reply.
Thanks,
IA

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santa123

10-16 08:49 AM

Moonrah
I am on the same boat; Any luck with the FOIA request without the Alien number?
My I140 is approved, yet to apply for my I485 and I do not have a alien number. So how do i complete my FOIA without the Alien number? Pls let me know.

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h1bjava

03-14 12:26 PM

Gurus Please take a moment to answer my previous question. Thank you.

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Iamthejuggler

03-29 01:24 PM

I am not the judggler!

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MA001

12-18 01:10 PM

My company wants me to relocate to another state. Because of which I need to re apply for new LC for green card processing. My current approved LC is EB3. My question: To be able to apply for EB2 position, can I use training & experience gained in my current company?

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jonnalagedda

06-24 07:11 PM

I do not want to renew the advanced payroll, since I do not foresee travel within the next 18 months overseas. Is there a way I can skip the renewal this time around (1-year extension) and renew it the next time? If there is an emergency, I can still go to India and have the Visa-stamped since we have a valid H1/H4 right?
Are there any risks here?

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imm_pro

11-30 12:42 PM

i got mine in like 10 days..

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yestogc

05-04 08:48 PM

YES return flight for whole family is employers responsibility ................. of course not by business class.

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krishna.ahd

05-01 07:18 AM

What do you mean by filing ?
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
Best way to handle this, do not send any detail AC21 to INS, but keep all the documents emeployment offer with job description , paystub and W2 till you get RFE at 485 stage ( If lucky you may not get at all)
Again you may change job again before 485 stage hit.

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AGUTHA

02-22 09:05 AM

Hello,

My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.

----You can apply after Mar 10.

I have to visit my home country in May 10 and i wanted to go with my new h1b documents.

---If you go on May 10, You can get US visa for remaining months.

----my idea is apply premium on Mar 1st.You will get it within 15 days.

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RandyK

04-03 02:06 PM

Good information

http://imminfo.com/resources/newsletter/2008-04Newsletter.pdf

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nashorn

08-12 03:55 AM

Nothing. Figured application has to be transfered from NSC to TSC. That is going to take more time.

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ronhira

07-02 06:45 AM

Rest all states should pass similiar law............

they should have passed this law when your forefathers illegally arrived to these shores..... then your sorry as$ would not be here today asking for similar law in other states.....

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aroranuj

04-09 04:16 PM

Can anyone whose I-140 has been denied the 1st time shed some light on their experience too?

Thanks.

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wandmaker

09-02 12:34 PM

Hi,

Almost 22 week past, No response From Mumbai Consulate

Interview Date - 13-Feb-2009
Purpose - H1B Visa Stamping(VISA Approval in 2008 before had F1 Visa)

Interview - VO Asked me few Questions and then asked me to show your company's Wages report and your consultacy and client where u worked agreement letter. I have given him both the docs. and Vo kept with him and gave me 221G Yellow letter which mentioned your docs. are in administrative processing and didn't mentioned any time frame.

After my Employer and i frequently sent emails and faxes to mumbai consulate but no response yet.

Anybody Knows what i have to do. Please advice me further .


Regards,

Krrish

Once it goes into hibernation, there is nothing much you can do. If you are a student (f1 visa), you can have your university step in for help, but it also limited.

please share you story, follow the thread, it will help many people

http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/34390-iv-action-item-visa-revalidation-campaign.html
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/483469-iv-action-item-fixing-visa-stamping-delays.html

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praneet

08-19 10:12 PM

Hi there,

I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.

The day I received RFE the contract between my company and end client came to surprise end(FATE!!).

Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?

2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?

3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.

4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)

5) what is the better option to get the extension approved out of above all? New suggestions also welcome

Thanks in advance.

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joydiptac

05-18 05:32 PM

My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?

Hope you are posting your question for US immigration. (This site discusses US immigration)
As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH

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GotGoose?

04-26 08:12 AM

Very nice - I like the green one a lot too.

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hetuweb

01-25 08:23 PM

This is my situation friends.
- My I-140 approved in January 2007 and I-485 filed in July 2007
- Me and my wife has EAD + Advance Parole (AP) + Finger print done.
- We decided to go back to India
- I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
- I will be continued on Payroll of my present employer in future too.
- I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
- Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
- I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
- Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
- Can I get Advance Parole (AP) from India after Consular Processing conversion?
- To convert from AOS to CP, can I have to be in USA or I can do from India also?

Your help in this matter will be highly appreciated as I am going very soon.

Thanks in advance to all of you friends.

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Steve Mitchell

June 20th, 2004, 10:26 AM

I think the point of focus in the shot of the guy in the boxing stance needs to be his face. Plus, his knuckles seem slightly blown out. In the shot of the guy kneeling, again the focal point seems a bit misplaced. It looks like it is on the inside of his left thigh, and I think I would want it to be his face. shollow DOF portraits can be really tricky.
I need to hand in three photos for my final this week.

These are them. Let me have it. :)

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monkeyman

03-06 09:59 PM

Congratulations - you have 90 days after it expires to renew it. Since you got your GC within 60 days, there is nothing to worry about. You must however talk to your HR with a copy of ur GC and update the I-9. But that is just for records and should there be an audit, you should be all set.

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Blog Feeds

11-05 08:40 AM

Philip Wolgin lists on Huffington Post his ideas for smaller items Congress could consider since CIR is effectively dead. Some are obvious, but others less so. They are 1. DREAM Act 2. AgJobs 3. Make the EB-1 category more reasonable. 4. Create a more reasonable bar on those accused of providing material support to terrorists to cover those essentially involuntarily providing the support. 5. Eliminate the one year bar on asylum claims.

More... (http://blogs.ilw.com/gregsiskind/2010/11/five-ideas-that-might-appeal-to-reasonable-republicans.html)

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wandmaker

11-12 06:42 PM

if you want to get h4 extension , you will have to file I539 not 524.

BTW, your h4 extension will be denied, if you are not extending your H1

Thank you very much for the advise.Is the I524 the only form that I have to fill.Please advise on this......

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Green.Tech

03-11 05:52 PM

http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html

Good morning, Mr. Bawa :)

People have talked about it and forgotten already:

http://immigrationvoice.org/forum/showthread.php?t=24227

...and are already talking about May bulletin now:

http://immigrationvoice.org/forum/showthread.php?t=24275

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kannan

11-17 05:30 PM

I-94 was attached.

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arunmohan

04-20 01:41 PM

a chicago based firm visa now is handeling my case for immigration issues.i would like to know if anybody rendered their services in the past.please send PM if you don,t want to put on the thread.
thanks

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kalkix

08-10 06:09 PM

USCIS is just fooling with you. :D you are an eastern European, right?

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eager_immi

03-02 08:18 AM

Many times you get 10 year visa that does not mean they can stay for 10 years. You never get to stay more than 6 months and under exceptional circumstances that is increased to a year.

First of all, does US consulate give visa valid for 2 months? I know some countries do, especially if you are applying through SOTC like travel agents.

Ok.. to answer your question: Your parents _must_ start within 2 months from the time 2-month Visa issued. In other words, your parents must travel before the expiry of Visa in the passport.

Once they come here, how long can they stay _legally_ in USA depends on I-94 card. Typically I-94 card will be given with an expiry date, which I belive will not be _beyond_ expiry date of the Visa in the passport.

Hope this helps!!

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OLDMONK

07-23 05:53 PM

My lawyer explicity told "NOT" to flipflop wven without me asking.

Same here. My lawyer specified NO "flip top". Does it matter, I guess not.

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India_USA

06-30 11:39 AM

Arizona immigration law backer politician Barry Wong wants to cut power from illegal immigrant homes (http://www.nydailynews.com/news/national/2010/06/30/2010-06-30_arizona_immigration_law_backer_politician_barry _wong_wants_to_cut_power_from_ill.html)

One Arizona politician has made a vow to make illegal immigrants powerless -- literally.

Republican Barry Wong, a candidate for the Arizona Corporation Commission, an elected body that decides public utility issues, says he would require the utilities to check the immigration status of customers, he told the Arizona Republic.

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willigetagc

08-27 12:08 AM

Hi All ,

I am currently on L1B visa valid till Mar 09.

I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).

Will my return on the old petition cancel my L1 renewal petetion ?

I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.

Any views would be greatly appreciated.

Thanks

Not advisable to apply for L1 extension now. You should do it after you are back from India. That is because, they will also extend your I-94 when you apply for extension (i.e the L1 extension approval notice will list your current I-94 number).

You would'nt want to end up in a state where you leave the country and return your current I-94 at the airport and CIS approves an extension on that I-94 (which you no longer have).

When you return, you will have a different I-94 that will be valid till Mar 09 and you have to file for extension again with that I-94. Alternately, you may go out of the country to get a new visa stamp before Mar 09 and re-enter with that visa stamp and get a new I-94...

convoluted, isnt it? Better to make that trip, come back, get a new I-94 and use that to extend your status.

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girishc

06-16 10:28 PM

I thought I would post on how I resolved my expired I-94 issue today. Could be of help to someone.

I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.

I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.

We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.

Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.

Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)

In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.

However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.

Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)

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solaris27

08-03 04:20 PM

its not required , you can update and keep it with you .

provide if they ask any document only.

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sidbee

03-11 11:04 AM

Folks,

Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins

Cyrus D. Mehta & Associates, PLLC (http://cyrusmehta.com/news.aspx?SubIdx=ocyrus20103925436)

U think USCIS doesn't know this ??? Creating this thread ,with the given title is just a waste of everyone's time,

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jetflyer

03-16 07:29 AM

Thanks for the link, I was reading it and towards the end there was statement
"When filing an MTR all evidence has to be submitted like, filing AC21 letter and record of delivery, proof of 180 days",
to me it looks like filing AC-21 is MUST in case one need to go MTR route rather than optional, could expert or Chanduv23 please clarify?
Please see the link.
http://immigrationvoice.org/forum/blog.php?b=39

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coolgc

05-14 01:05 PM

As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -

http://www.ilw.com/articles/2006,0119-eiss.shtm

Thank you very much for the information and also for the very useful link.

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Dirge

03-15 04:27 PM

i do not see a picture.

http://fc93.deviantart.com/fs44/f/2009/059/8/1/Self_portrait_desktop_by_MelonCat.png

:).

in other news I'm thinking of doing another entry.

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whitecollarslave

01-17 10:30 PM

I received a copy of I 485 Receipt Notice from my lawyer today. The priority date is empty in the receipt notice. Is this normal?

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srikondoji

06-27 01:19 PM

Can i file for I-485 while my H1-B extension petition is pending?
Should i premium process my H1-B petition before i can be ready to file my I-485 in july?

Thanks
sri

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