Friday, June 24, 2011

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  • tulips
    05-24 03:02 PM
    Hi,
    My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now? Can I get extension based on number of days I have been out of country in last 6 years.? (119 days) If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota? I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension? Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
    Thanks!




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  • axp817
    07-04 09:55 AM
    Why would doing anything legal have implications on becoming a citizen?

    And to answer your question, No, your owning a gun legally, has no implications whatsoever on getting your citizenship.

    There are many legal gun owners who don't even have their green card yet, and no, they are not going to face any problems during 485 approval either.

    Look through some of my old posts, and you'll find a thread with information on legal aliens owning guns in America, although a lot of the information on that thread pertains to non-immigrant aliens. You being a permanent resident, have it much easier. Go through that thread and if you still have questions, ask, and I'm sure you'll get an answer.

    Good luck, be a safe, responsible, and proud gun owner.




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  • syedajmal
    07-28 09:40 AM
    I just filed for my I-140 in EB2 and I am from India. I would like to know what happens in these circumstances

    1, I get laid off from my company before the Approval of my I-140

    2, I get laid off after the Approval and before I can file my 485( Is there a window of certain days that make a difference afte the approval even if I cannot file my 485)

    At this point I have a good relationship with my employer and I don't see a reason they will cancel or revoke anything that has been filed for me.

    Thanks in advance for your replies.




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  • zigma
    04-06 07:21 AM
    With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.

    IMHO, this bill amounts to saying,
    1. Let's legalize some of the illegals
    2. Let's push the the rest of the problem away for another 10-12 years
    3. A compromise

    But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?



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  • gc_chahiye
    10-05 05:08 PM
    If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.

    I agree with Ramba here. Go with EB3 now and get the I-140 approval so you can lock in the PD. After a few years can apply again in EB2 (through this, or some other employer) and port the PD over. Best of both worlds.




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  • supu
    12-02 12:16 AM
    Same case with me. Its been 20 days in Texas Center.
    Actually when i call 3 Agents say its been posted , 1 says , The documnet was never produced.
    The postal office does not loose AP. Its USCIS people who dont send them , but just chage the status.........

    I have no hope of receing it now.



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  • gbof
    11-20 09:01 PM
    Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.

    Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.




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  • akred
    06-02 09:18 PM
    Science, Technology, Engineering and Mathematics....

    Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.

    Does anyone have a list of majors included or any other information on this issue?

    Thanks.

    I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.



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  • webm
    01-26 10:34 AM
    If I check my case online I see following

    On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...

    On Receipt Notice I-797C -Notice of Action I see following

    Received Date : June 25, 2007
    Notice Date : July 25, 2007

    I dont know why online case status says that "On July 24, 2007, we received ...."

    Do anyone of you see such date mismatch.

    Thanks,

    Received Date : June 25, 2007 --- this is mail room received data
    "On July 24, 2007, we received -- this is the day when your 485 app entered into their crazy system (by a lazy IO)

    Gurus,share your ideas also..




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  • waitnwatch
    05-08 11:27 PM
    no offence taken njboy, i realize that you were honestly trying to help.... i was just trying to alert you that people could be sensitive to such things and during these times when we need to work together it just helps that extra bit to word our emails with care.

    good luck and hope we can collectively work ourselves out of this immigration mess.



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  • svr_76
    06-17 03:04 PM
    I had mine today. The Officer answered the following questions-
    1. Assigned to Officer - Yes
    2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
    3. No transfered/interview scheduled.
    4. Opened up a SR for me for followup.




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  • mali03
    05-25 08:05 AM
    Called Kennedy's Office1



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  • komaragiri
    07-28 12:18 PM
    My prediction for this year..

    EB1 = Current
    EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
    EB3 = U




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  • mrsr
    05-19 11:22 PM
    No friend i am planning to do next week



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  • capriol
    07-06 10:30 AM
    I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
    (1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
    (2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
    Please share your experiences. Thanks a lot.[/QUOTE]




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  • GcInLimbo
    11-17 11:38 AM
    Me and my wife both got notice from USCIS with intent to deny citing evidence of continued leagal immigration. Attached the scanned copy removing personal information.[

    The mentioned period in the letter that is requesting evidence is the time I applied for H1B renewal. The application had an RFE and we were waiting on response from my employer. My employer replied to the RFE and it was sent to local processing center for further processing. Meanwhile on July 2007, I applied I-485 when they are current which puts us in AOS as the H1B was still pending approval from USCIS. I read some where that you can not stay in U.S with H1B renewal pending beyond 240 days from your previous H1B expiration date. So I applied another H1B with a different company before the 240 days and got that H1B approved after two months of applying.

    I am sure I didnt break any rule or stayed illegally during that period as my H1B was pending and moved on to a different company after appying I -485. My previous employer have no issue to continue to support my GC processing.

    Where do I stand with regards to this notice? What are my options and how to approach this problem, so that the IO doesn't get confused and deny the application.
    I am sure I will go through my lawyer but want to get first hand information and have a clear picture on the path to follow from experienced people here.

    I tried to attach the attachment but its failing.

    Thanks



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  • ddanait
    02-07 03:21 PM
    Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.




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  • canleo98
    08-09 02:40 PM
    My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.



    Here it is

    Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.

    And here is what OH says in his breaking news for July 24th after this memo

    0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007

    Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.


    You should ask your lawyer to get an amendment. I read here yday somebody doing that.




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  • chanukya
    05-17 11:43 PM
    I think you are slightly off again. This clause pertains only to labor certification and has no relation to quotas as I understand. Remember that there is no such thing as an LC quota. So you still wait in line... Only gain is that the bar for labor is slightly lower because the employer has to show that they hired the best guy for the job as opposed to showing that no minimally qualified American citizen was available. ;)

    US Masters and above exempt from quota...

    Read this (Sec 514)
    http://immigrationvoice.org/forum/attachment.php?attachmentid=56&d=1147880856
    in conjunction with this ...(USCIS Section 201(b)(1)(8 U.S.C 1151(b)(1)
    http://www.uscis.gov/lpbin/lpext.dll/inserts/slb/slb-1/slb-20/slb-1225?f=templates&fn=document-frame.htm




    fromnaija
    04-20 05:28 PM
    IF you move to a different city that is not within the same Metroplolitan Area, yes you will have to restart your GC process. The good news however is that you can retain the priority date if your old I-140 is approved.




    ghost
    02-07 03:31 PM
    Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.

    Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about IV...it's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!



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