Chủ Nhật, 12 tháng 6, 2011

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  • rampaadh@hotmail.com
    05-18 08:37 AM
    I have received my Green card & My wifes green card during March. But I did not receive my daughter's (2 yrs old) green card even though it was approved
    by Immigration on Feb 24th. I received welcome letter also during March.

    When I called the USCIS helpdesk number, they said it was mailed to my address on Feb 28th and it might have been lost and I need to apply for I-90 to get replacement card.
    There is no tracking number also. They also said my daughter can use valid AP to enter to USA.

    Today I made an appointment through INFO PASS and talked to Immigration officer. He also said the same thing and also added that a Bio-metrics should be taken along with I-90 for my kid.

    My daughter is currently in India and planning to come back on July4th. She has a valid advance parole till Jan 2012. But the officer told that she can not enter to USA with Advance parole since her GC was approved. He asked me to contact local US embassy to get some travel document so that she can travel.

    I am confused now. Did anyone faced such situation ?




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  • optimist578
    11-24 08:02 PM
    I forgot to mention that I also have a valid h1b visa. I don't intend to use my EAD. So in that case if I go back to f1, what will happen to my PD and 485 application?
    or is it better to fall back on EAD and continue with education? Please advice!
    Optimist578 - can you please let us know what you find out from your attorney?
    thanks a lotsxk


    I am planning to pursue my studies part-time, while working fulltime on H1B or EAD. If you move to F1 visa, you will have to forego your immigration application. To apply for immigration later will require you to start all over again. It is unbelievable !! :mad:
    So, depending upon your age and other factors, you should consider studying part-time or wait till you get your GC.

    ------------------------
    EB3 March 2003
    AOS RD: June 22 '07
    EAD, AP Received




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  • veni001
    06-07 01:08 PM
    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:




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  • desi3933
    02-22 01:36 PM
    By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.

    I think you should consult an attorney.

    Once I-485 is filed, one can file for change of status ONLY to H/L status.

    ______________________
    Not a legal advice
    US citizen of Indian origin



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  • Munna Bhai
    08-30 06:41 AM
    Today i got REF regarding my GC .
    USCIS is asking me to provide following:

    1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
    2)Copies of all US Federal Tax retuns ever filed.
    3)Copies of first and last pay stubs of all US employers.
    4)Birth Ceritificatates
    5)Marriage cetificate and cermony photos.



    I have all documents except my first paycheck of the first employer.

    I came to USA in the year of 1999 without my employer permision.
    I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.

    Only problem is , i stayed 8 months in the USA without job(without status).


    Between 1999 to 2007 i visited inida 4 times without any issues.

    USCIS is asking me submit my first paycheck. - I did not work first 8 months


    Anyone can guide me how to handle this case?.

    If i tell my employer was not paid first 8 months will that be any problem?
    And what are chances of get my GC.

    Please help!

    Nobody gets RFE for so many documents, please tell us more about your PD etc and why you have not submitted these documents while filing for I-485. The more you open up, the better for everyone to help you. Ofcourse you need a lawyer who can help you.




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  • krishna_brc
    03-25 08:12 PM
    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor.
    My 485 was filed way back in Sep 2004.
    My 140 was approved way back in Nov 2004.
    Thanks.

    You should be fine as long as your W2's are higher than what is specified in H1 LCA.

    You GC Labor Wages are for furure job.

    Thanks,
    Krishna



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  • worriedsoul
    09-25 04:32 PM
    They forgot to metion one more track, "Are you jewish?", as they have lots of programs for jewish people to migrate into united states. I was suprised to meet so many of so called jews in my office from all over the world (mainly from Russia, Ukarine and such..) who come in through those programs. They are eligible to apply for green card as soon as they enter United States and get it in no time. And can apply for citizenship after 5 years just like everyone else.




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  • WeShallOvercome
    07-31 06:28 PM
    My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.

    My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.

    Thanks



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  • looivy
    05-03 08:04 PM
    Hi All,

    Need help to determine what should I do.

    I stayed in India for a month but since my application did not clear, I entered USA on AP because my boss was getting mad that I had to extend my vacation and I did not want to risk losing my job.

    Mumbai consulate has now sent me an email saying that admin processing has been completed (after more than 60 days ) and are asking me to submit my passport. BTW, the DOS in DC still says my app is pending admin processing.

    I am in USA now as a parolee. Should I go ahead and send my passport to India and get it stamped and have it sent back to USA through a friend.

    Please advise.

    Thanks.




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  • feedfront
    09-14 02:06 PM
    Gr8 idea. I'm in..



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  • Pagal
    09-08 02:06 PM
    Hello,

    You can work with your HR and lawyers in creating a better job description. Here are some points that I would consider in creating a job description that is honest and flexible...

    1. Job should be for future placement (say, in 3-5 years time)
    2. Job should offer you reasonable career and skill growth
    3. Job should not be constrained to a single geographic location in US
    4. Job title should match one of the broad skill categories of DOL (this would allow you to change jobs without having to worry about implications on labor certification)

    All the best...




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  • gopalkrishan
    08-06 03:59 PM
    This topic is posted under General Information > Interesting Topics

    Billu did not post this under immigration matter, so dont read it if you dont want to.

    with fear of sounding rude to Veerufs .. I must say that i concur and whole heartedly agree with Austingc :p



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  • abuddyz
    02-01 08:58 AM
    i know one person who had applied for H1 from 2 different employes and both his H1 got approved.. he was coming to US on H1 first time.. he went for visa stamping for one employer and got successfully.. he is in US right now and came before few weeks.. (note that he did have prior H1 and visa stamp but he never came to US on that H1.. he did come to US once but on B1 visa..)




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  • Catherine
    06-27 11:16 PM
    Thank you for the information, Tazike. I've heard many conflicting viewpoints on this but none that say you immediately lose your status - I will look into it.

    I can say, though, that I've traveled in and out of the US on my green card since the divorce became final, including telling an immigration official that I was now divorced on my most recent return, and yet I have still been allowed back in each time. Perhaps I have just been lucky. Also, I did mention on that last journey that I have a waiver application currently submitted.

    Fingers crossed...



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  • eucalyptus.mp
    02-18 08:58 AM
    he is asking me to go back to India after March




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  • Loruoo26
    02-14 12:48 PM
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  • tonyHK12
    11-24 10:37 AM
    In spite of the mess we are in, these songs and the substitutions does make me wonder whether I need to cry or laugh!



    Aha, found the perfect song. Apologies for Angreji lyrics!
    When you see it on youtube you will understand - a bit pessimistic, hopeless, wierd, also feels appropriately, sadistic:

    http://www.youtube.com/watch?v=k6Qd9VR1gD8 - older video

    Aerosmith - Dream On:

    "
    Every time I look in the mirror
    All these lines on my face getting clearer
    The past is gone
    It goes by, like dusk to dawn
    Isn't that the way
    Everybody's got their dues in life to pay

    Yeah, I know nobody knows
    where it comes and where it goes
    I know it's everybody's sin
    You got to lose to know how to win

    Half my life
    is in books' written pages
    Lived and learned from fools and
    from sages
    You know it's true
    All the things come back to you
    ....
    Sing with me, sing for the year
    Sing for the laughter, sing for the tears
    Sing with me, if it's just for today
    Maybe tomorrow, the good lord will take you away
    ....
    ...
    Dream On Dream On Dream On
    Dream until your dreams come true
    Dream On Dream On Dream On
    Dream until your dream comes through
    Dream On Dream On Dream On
    Dream On Dream On
    Dream On Dream On "




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  • gparr
    January 7th, 2005, 05:42 PM
    I have the Sigma 105mm macro with a Canon mount. I think it's one of the best lens values available and highly recommend it, for price, image quality, and build quality. It's not a fast focusing lens, but I can't imagine using autofocus for macro work anyway. I assume you would get the same performance with a Nikon mount.
    Gary




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  • ksrk
    01-21 06:48 PM
    Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.


    Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.

    If your I-94 says AOS Pending, how are you on H1B?
    If you enter the US on AP, your I-94 is stamped as "Adjusting Status" or "AOS Pending" and the expiration date on it is 1yr from date of entry (regardless of when the AP itself expires). And for this you don't need an H1B visa stamp in your passport.

    With the "AOS Pending" (or equivalent stamp) on your I-94 and passport, you can't be in the country on H1B. You are "Adjusting Status" and legally in the country. Of course, to (continue to) work under this status, you will need an EAD.




    needhelp!
    02-12 10:59 AM
    purgan,
    This is a good idea. Can you create a thread with poll and we can see what percentage bought a house in US vs invested in property elsewhere. (or both)

    I signed as well.

    I also might point out another important angle to this mortgage issue. In the past 2 years since I was still waiting for my green card, I purchased 2 apartments in India. My dollar savings got diverted abroad since I saw no point purchasing in a country where my presence is uncerrtain.


    I am sure there are many others who invested abroad instead of the USA. IV can perhaps institute a poll to see how many people bought abroad and how much they invested. This way there will be a quanfifiable impact of dollars diverted. I am sure it will be in the hundreds of millions atleast.




    eb3retro
    02-06 11:17 PM
    I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.

    H1B:

    1. Spouse cannot work.
    2. Do not worry about 485 rejection.
    3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
    4. No expenses for the employee for H1 related issues ( legally).
    5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.

    EAD / AC21:

    1. Spouse can work.
    2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
    3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
    4. No stamping, but advance parole required.
    5. Spend yearly on parole, EAD.

    Anything else to be added to the above list?


    EAD vs H1 - which is better.. my answer is whichever stage u are in - "Supporting IV is always better"...



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