ArkBird
06-24 12:27 AM
Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.
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yibornindia
11-19 06:02 PM
Co-sufferers,
Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?
There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?
I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:
Thanks all for sharing.:)
Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?
There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?
I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:
Thanks all for sharing.:)
desi3933
07-06 12:24 PM
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
From legal point of view - there is no unused visa numbers. USCIS can issue not more than 140k GCs. Since it is "not more than", there is no unused visa numbers.
As per law, it is not permitted to carry over remaining visa numbers either.
Only a new bill can "claim" visa numbers this way.
__________________
Not a legal advice.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
From legal point of view - there is no unused visa numbers. USCIS can issue not more than 140k GCs. Since it is "not more than", there is no unused visa numbers.
As per law, it is not permitted to carry over remaining visa numbers either.
Only a new bill can "claim" visa numbers this way.
__________________
Not a legal advice.
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GCNaseeb
10-30 06:34 PM
I will take an Infopass. Did you get a new Card or they just corrected in their system?
My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.
My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.
more...
nousername
04-29 08:33 PM
Summer travel season is around the corner, and unfortunately, because of the swine flu scare, each and every person entering India from USA (and some other countries) will have to go through a medical screening (http://timesofindia.indiatimes.com/India/American--European-visitors-to-be-screened-for-swine-flu/articleshow/4457075.cms) at the airports beginning yesterday. Some chaos is expected, particularly in busy terminals such as Delhi and Mumbai, given that "Airport authorities said they are still in the dark and are yet to gear up for these checks". So, it may be a good idea if those of you, who have just returned from India, share your experiences with this procedure; for example, the likelihood of facing stricter screening (or even a brief quarantine) if someone sneezes/coughs for any reason, or the "fitness certificate" forms that airlines are supposed to hand over to each passenger, etc.
I personally think this is nothing but a pay back time.. Remember when Bird Flu or SARS breakout happened, how US and other countries reacted and were screening people (travelers) from East.. In a way this "might" help in containing the virus but deep down this is just stupid ego.
You did to me so I will do the same to you..
I personally think this is nothing but a pay back time.. Remember when Bird Flu or SARS breakout happened, how US and other countries reacted and were screening people (travelers) from East.. In a way this "might" help in containing the virus but deep down this is just stupid ego.
You did to me so I will do the same to you..
sonu9
07-31 12:33 AM
any suggestion from others
more...
arunsush
06-19 02:01 PM
I don't think you would have to take the skin test again. Produce the documents that you are on mediaction and that should suffice.
Dear All,
I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.
Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.
Should I inform my doctor that I am on medications or should I just hide it?
And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?
Please advise.
Dear All,
I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.
Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.
Should I inform my doctor that I am on medications or should I just hide it?
And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?
Please advise.
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manderson
11-05 02:19 PM
and i thought i was alone...
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
more...
raysaikat
01-15 12:38 PM
Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
Do you have your I-140 approved? Green card is independent of your current status (L-1 or H-1); the speed of getting green card depends on what category you can apply (Eb-1, EB-2 or EB-3) and your country of birth (i.e., the country where you were born, not the country of citizenship).
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
Do you have your I-140 approved? Green card is independent of your current status (L-1 or H-1); the speed of getting green card depends on what category you can apply (Eb-1, EB-2 or EB-3) and your country of birth (i.e., the country where you were born, not the country of citizenship).
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deepakjain
01-08 01:21 PM
deepakjain:thanks for the latest info on this.
Little clarification required, what do you mean "delivered the next day betn 4:30-5:00". You mean one can collect it the next day in the evening?
jkm2282, sorry for hajacking your post. Any updates from your side?
You have the option of collecting your passport over the VFS counter in mumbai, and the passport is delivered between 4:30 to 5:00 PM on the next day of your interview.
The best way to get your passport is to call VFS office in mumbai between 8:30 to 2:00 PM any day 022-66547600, quote your passport number, the VFS helpdesk should be able to tell you if they have received your passport from the US consulate or not.
If the VFS personal says over the phone that they have your passport with them then you can collect the same from the VFS office.
Another option to track passport is to SMS - "VISA{space}US{Space} "passport number.
Regards,
Deepak
Little clarification required, what do you mean "delivered the next day betn 4:30-5:00". You mean one can collect it the next day in the evening?
jkm2282, sorry for hajacking your post. Any updates from your side?
You have the option of collecting your passport over the VFS counter in mumbai, and the passport is delivered between 4:30 to 5:00 PM on the next day of your interview.
The best way to get your passport is to call VFS office in mumbai between 8:30 to 2:00 PM any day 022-66547600, quote your passport number, the VFS helpdesk should be able to tell you if they have received your passport from the US consulate or not.
If the VFS personal says over the phone that they have your passport with them then you can collect the same from the VFS office.
Another option to track passport is to SMS - "VISA{space}US{Space} "passport number.
Regards,
Deepak
more...
vine93
10-16 08:48 PM
A message from President Obama too.
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
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quizzer
11-09 02:39 PM
i know u applied I140 in Nov 2006...when did u receive the RFE?
more...
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dealsnet
04-02 04:02 PM
You will not get another 6 months, if you go anywhere in North America.
You need to go Europe or Asia.
Extension is no longer allowed. It was allowed 2 years back.
Only way is to go out to India, or apply extension with USCIS.
So Let me get this clear in my head..
If the I-94 is valid for 6 months and then if you need to extend the stay of your parents
option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?
option 2: Go out of the US (Mexico, West Indies) and return in 1 month?
option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?
option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.
Thanks
You need to go Europe or Asia.
Extension is no longer allowed. It was allowed 2 years back.
Only way is to go out to India, or apply extension with USCIS.
So Let me get this clear in my head..
If the I-94 is valid for 6 months and then if you need to extend the stay of your parents
option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?
option 2: Go out of the US (Mexico, West Indies) and return in 1 month?
option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?
option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.
Thanks
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eagerr2i
07-21 02:24 AM
For degree evaulation , pls visit AERC web site at www.aerc-eval.com/ There are other agencies as well that do these evaluations.
After that take CBEST, if you clear the exam, apply for admission to a credentail program. It will take about 50-60 credit hrs to complete the program. It will include about 4 months of teaching a 2 different schools which is called as directed teaching.Also you need to clear a battery of 3 exams called CSET which establishes subject matter competency in the subject credential you are working on. After that you apply to the Commission of Teacher Credentialing at the state capital and you get your certificate. Depending on haw fast you go, it could take any where between 2 years to 3.5 yrs to finish the program. Jobs are plenty in areas of Math, Physics for sure. Schools look for delivery style and communication skills a lot.
Take a look at your time left on H1B , make sure that ur wife can complete the program within your 6 year of H1B else she would not be able to convert from H4 to H1 unless you get your GC or EAD. Pls email me if you have any additional questions.
Salary is so-so about 50 K starting in CA, but good thing is that you work for only 9.5 months and your vacation and schedule could sync with that of kids and you could spend a good amount of time with kids unlike the other 8-5 jobs...!
After that take CBEST, if you clear the exam, apply for admission to a credentail program. It will take about 50-60 credit hrs to complete the program. It will include about 4 months of teaching a 2 different schools which is called as directed teaching.Also you need to clear a battery of 3 exams called CSET which establishes subject matter competency in the subject credential you are working on. After that you apply to the Commission of Teacher Credentialing at the state capital and you get your certificate. Depending on haw fast you go, it could take any where between 2 years to 3.5 yrs to finish the program. Jobs are plenty in areas of Math, Physics for sure. Schools look for delivery style and communication skills a lot.
Take a look at your time left on H1B , make sure that ur wife can complete the program within your 6 year of H1B else she would not be able to convert from H4 to H1 unless you get your GC or EAD. Pls email me if you have any additional questions.
Salary is so-so about 50 K starting in CA, but good thing is that you work for only 9.5 months and your vacation and schedule could sync with that of kids and you could spend a good amount of time with kids unlike the other 8-5 jobs...!
more...
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eilsoe
10-17 07:36 AM
I use Jasc Animation shop 3 to make my gifs.. just make the jpg's in photoshop, and then import to Animation Shop 3...
It even has loads of transition effects! :)
It comes with Paint Shop Pro 7...
It even has loads of transition effects! :)
It comes with Paint Shop Pro 7...
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paskal
08-23 11:51 PM
I believe that several people have won WOM cases....
I also hear that Sheila Murthy is planning to file a WOM with a large group of clients to offset cost.
Might be worth getting a second opinion with an attorney that's filed and won WOM cases....
welcome to IV!
I also hear that Sheila Murthy is planning to file a WOM with a large group of clients to offset cost.
Might be worth getting a second opinion with an attorney that's filed and won WOM cases....
welcome to IV!
more...
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anda007
07-11 12:22 PM
Kindly send me a template of letter to the senator and address of them
I am going to send cards and letter.
If you do not agree with this idea, I apologise.
I did not send the flowers, bcos IV told me. I sent it, bcos I felt it right !!!
I am going to send cards and letter.
If you do not agree with this idea, I apologise.
I did not send the flowers, bcos IV told me. I sent it, bcos I felt it right !!!
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GCBy3000
06-18 02:17 PM
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
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krucie
03-16 05:03 PM
saps,
Thanks for the response. I have the receipt notice & approval notice for my 485 and 140 respectively. I am planning on interlinking our applications on my own, without the use of an attorney. I did however speak to a previous attorney of mine, and his recommendation was to wait until my spouse received his 485 receipt notice, and then send a letter to USCIS with a copy of both our receipt notices & marriage certificate asking them to merge both applications, with him being the primary applicant, and me being the derivative applicant.
However, since my spouse is concurrently filing his 140 & 485, I wasn't sure if his 140 needs to be approved before we interlink the applications. The attorney said that as long as he had his 485 receipt notice, the applications could be interlinked, but I wanted to be sure how his I-140 would tie into all of this. Any thoughts?
Thanks for the response. I have the receipt notice & approval notice for my 485 and 140 respectively. I am planning on interlinking our applications on my own, without the use of an attorney. I did however speak to a previous attorney of mine, and his recommendation was to wait until my spouse received his 485 receipt notice, and then send a letter to USCIS with a copy of both our receipt notices & marriage certificate asking them to merge both applications, with him being the primary applicant, and me being the derivative applicant.
However, since my spouse is concurrently filing his 140 & 485, I wasn't sure if his 140 needs to be approved before we interlink the applications. The attorney said that as long as he had his 485 receipt notice, the applications could be interlinked, but I wanted to be sure how his I-140 would tie into all of this. Any thoughts?
sertasheep
08-23 09:42 PM
Dear IV Members,
We are welcoming questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta-Verma.
--------------------------------------------------------------------------
Procedure to send in your questions:
Email us at legal_advise@immigrationvoice.org
Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Name:
City/Area:
Added 08/26/2006: <<Country of citizenship>>:
Question:
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us, to minimize the effort taken by us to clean it up and send it to the attorney. It provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreivations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.
--------------------------------------------------------------------------
We are welcoming questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta-Verma.
--------------------------------------------------------------------------
Procedure to send in your questions:
Email us at legal_advise@immigrationvoice.org
Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Name:
City/Area:
Added 08/26/2006: <<Country of citizenship>>:
Question:
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us, to minimize the effort taken by us to clean it up and send it to the attorney. It provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreivations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.
--------------------------------------------------------------------------
Dhundhun
10-19 09:27 PM
#1. When AP is applied, you need to mention duration. I doubt any one mentions duration as six months or one year. Usually people mention time is weeks or a month.
#2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".
Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.
Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".
So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.
We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.
#2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".
Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.
Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".
So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.
We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.