Tuesday, June 14, 2011

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  • grupak
    12-07 11:38 AM
    If company is filing, EB1-OR is easier than EB1-EA. EB1-EA can be self-filed but harder to get. There is another category of EB1 I think for managers which I am not familiar with.





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  • tikka
    06-22 09:30 AM
    My laywer has adviced me that the skin test is mandatory


    The Tb (skin test) is mandatory..





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  • babuworld
    11-19 03:33 PM
    Gurus , I dont know if this question have been addressed before. I am currently on H1B and is valid still july 2009. But i dont have stamping on my passport. I am waiting for AP for my wife and myself. If we user AP to India Trip then

    1.Is my H1B still valid?
    2. What will be the status? My employer didnt apply for EAD at this movement.

    Thanks in advance for your suggestions.





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  • cooldesi
    01-24 11:47 PM
    Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
    There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.

    I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
    I agree and my experience suggests that it's always better to file fresh application than mtr. this is just my personal opinion.



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  • praveenuppaluri
    04-08 06:29 PM
    U asked 2 basic questions and we already told you ,(1) you can find the members list yourself.. and (2) why do you need the list? what are you going to do with it??

    if you think your time is so precious that you don't want to answer the above.. sorry boss, be prepared to be disappointed.. again.. (may VB is just out).

    This is unreal !!.

    I just asked 2 basic questions AND i get reply completely irrelevant of those questions and i am the one who is being accused.





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  • nixstor
    02-21 02:15 PM
    Dec 21st 06. Is that really true? On , there are many people in Nov who havent got it approved yet. I know, those guys might not have updated after their extension was approved.

    Is there any one in here who is before Dec 21st and got it approved? It sounds unbelievable to me because it moved from Oct 31st to Dec 21st (51 days?? )



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  • glus
    08-01 10:18 AM
    My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.

    I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?

    any ideas??

    Put her status as H4. She is in H4 until October 2007 (assuming you asked for change of status and change of status was also approved.) No, she will not loose her H1, as H1 is a "dual intent" visa.





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  • Templarian
    11-25 01:17 AM
    Just wait till the end and vote for the one that's closest to winning.You probably noticed, but that's what he is doing. :dilbert:

    Also, good to see people like Stargate and get that reference.



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  • sh2005
    08-13 10:43 AM
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.


    How about the processing date that was shown for your service center? I applied my I-485, EAD and AP in May (got my RN in may as well). The processing time for EAD and AP is shown to be March 26, 2007 for NSC. But, I recently got my EAD approved and an RFE for AP. So, is the website for processing time not updated as accurately as it made to be seen or somehow some applications (like mine and yours) bypass the FIFO?

    On a separate note, I got an email that an RFE has been issued for my EAD, but I already got the EAD card in hand, before the RFE was issued!!!





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  • mambarg
    07-27 07:04 PM
    How did the attorney sign the form when you had not signed.
    I had to visit my attorney's office and sign all the paperwork in his office before he filed my app.
    I belileve if the attorney is remote, then he needs to send fedex package to sign the docs.

    Attorney signs only as a rep if there is legal issues or court apperance is required.

    Applicants signature is used to prepare the EAD card . USCIS scans the signature of applicant.



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  • knowDOL
    04-24 11:05 AM
    Looks like this rule may not come into effect for fiscal year 2006 ie 30th september 2006. lookat todays immigration-law post.





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  • tushbush
    02-03 08:11 PM
    Congratualtions Ivar!
    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.



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  • wonderlust
    07-19 12:17 AM
    :confused:
    My lawyer siad it is not necessary to have either W2 or Tax return documents for I485. I read the filing instruction about 4-5 times and did not find this requirement.

    I did not send mine. Hope it's not a problem.
    W





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  • sanjaymk
    10-19 05:17 PM
    Actually, IMO, stocks is a loosers game. Many have tried it and have lost a "lot" of money(including myself). If you would like to make money through investments(i didn't say *stocks*), you should go with something like mutual funds and have a well diversified portfolio across different asset classes.

    If you really want to get yourself into stock market investing, the best book(Holy Grail for people like Warren Buffet and many other Mutual Fund managers) to get started on is is The Intelligent Investor by Benjamin Graham. There are tons of discussion forums like morningstar.com that has discussions about finance related topics. You could also get started with Mutual Funds for Dummies, Common Sense book on Investing by John Bogle, The Intelligent Asset Allocator by Bill Bernstein etc., There are tons of other ones, but this would get you started.

    But, my 2 cents, have a long term goal, educate yourself on what investing(again, I didn't say stocks) is and get started. Investing is a marathon not a sprint.

    Hope this helps.

    Sanjay.



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  • lazycis
    05-07 02:16 PM
    are you sure of this ..if yes, then how does one do that ..do you need to show you can make the salary mentioned on your own ??

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
    Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 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.





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  • arihant
    10-26 10:42 AM
    I have a question: How many months in advance should you apply for H1 extension? Do you get extension from the date you applied or from date when your H1 expires?
    1) You can apply up to 6 months before your H1 expires.
    2) You get extension from the date your previous H1 expires.



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  • Berkeleybee
    09-01 08:39 PM
    Michael Cutler is a Fellow of the Center for Immigration Studies, a notoriously anti-immigrant organization.

    It is part of the John Tanton network of anti-immigrant organizations (includes NumbersUSA, FAIR etc.). See here (http://www.splcenter.org/intel/intelreport/article.jsp?sid=72)

    He is not currently at CIS, he is an ex-employee of the INS, and given his sentiments I am glad he is an ex-employee.

    Google the guy, you'll see his rage all over the web.

    These hearings were organized by our best friend Sensenbrenner. Other policymakers by now ought to recognize FAIR, NumbersUSA and its ilk what what they are.

    best,
    Berkeleybee





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  • BPforGC
    03-05 11:52 PM
    My wife got RFE before leaving for India. Unless you know what the RFE is about, do not leave the country under any circumstances. RFE dates cannot be extended without compelling reasons. If you do not answer RFE, your petition has the chance of being considered "abandoned". Call the service center, not customer service, and find out about the content of RFE and tell them that you updated the address but you still did not get it.
    They have access to read what is in the RFE. For my wife, the IO at NSC read the RFE content and told that it is about birth certificate. So, call and find out what is in there and take care of it first. Under any circumstances do not leave the country without answering the RFE otherwise you may not be able to come back, because it may lead to your petition considered abandoned. This risk is greatest if you use AP.

    If your wife is traveling on H4, then she can enter using that VISA as long as if you maintain valid H1B. But if you are on EAD and she is traveling on AP, do not take risk. Do not listen to multiple people because you get half-cooked answers. I went through that situation and I am telling you, get to the bottom of the RFE, fast.





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  • joydiptac
    09-30 05:33 PM
    AILA Leadership Has Just Posted the Following:
    Dear Director Mayorkas:
    Last week in a speech you ...
    More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)

    What is AILA complaining about?
    The fee increase? really??:D
    or Increased business that they are getting because of RFEs or that USCIS has become efficient and has pre-adjudicated most of the waiting applications by interviewing, RFEs and actual site visits.
    Oops! Did I just say that. My bad! Sorry! I should probably have said "Naughty USCIS!!!" USCIS is closing files that AILA wants to remain open forevverr so that the juice keeps flowing.:D
    AILA - consider rephrasing your statements these are too transparent. And ... Speak for yourself.

    READ THIS:
    We the immigrants (customers of USCIS) are perfectly fine with RFEs and interviews and site visits as long as it leads to PRE-ADJUDICATION and green card. Most of us don't even mind paying extra to end this wait. If AILA is really concerned about us please try to do something in that direction so that we can get relief by recapture or thru new legislation or admin fixes.





    ragz4u
    03-15 11:05 AM
    Ramanujam,

    Over the last couple of weeks IV core committee members and QGA have had several meetings with important members of Senate and House. We have tried to educate the relevant folks about our situation.

    It is premature to assume/speculate one way or other whether any pro-immigrant provisions will be removed/added. The next few days will provide a good idea of how things might unfold

    There are a ton of amendments that are being introduced by various Judiciary Committee members. The committee has only reached Title 3 while Title 4 and 5 are the ones that most affect us

    In the same vein, the Judiciary Committee is NOT the only place an amendment can be brought into the bill.

    After the Judiciary committee, the bill will be brought to the floor. At that time too amendments can be brought in by Senators. Once the bill passes the senate, the bill will be discussed by the Joint Conference Committee that will negotiate and come to a common bill from both the House Version HR4437 and the senate version of it. Here too, pro-immigrant provisions can be added/removed

    So in short, we will try our best to ensure that all our goals mentioned on the home page are achieved (hopefully :) ) and we will keep on working on it until the final bill gets passed by both the house and senate after the joint conference committee!





    kirupa
    03-23 03:33 AM
    Hi SandeR2!
    Sorry about not having responded more clearly in your thread. Please create a new thread for each entry you want to submit. As long as one thread is associated with one entry, it makes linking to your entry easier for judging and all of that :)

    Cheers!
    Kirupa



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