GCwaitforever
06-22 03:18 PM
Your friend has to wait till he gets his citizenship. A GC holder can only sponsor someone to visit, but can't sponsor another person for GC. A citizen surely can. I heard that an immigrant could apply to USCIS to grant spouse also a GC based on hardship grounds. But I would not bet on largesse of USCIS. It is a headache dealing with bureaucrats, lawyers and appeals.
If your friend had a traditional marriage (Church/Temple/Mosque etc ...) and not registered it or just an engagement, it should be fine. There is a risk that your friend's (would-be) wife might be denied entry into USA based on marriage to an immigrant. F-1 VISA holders are not supposed to have immigration intent.
Once his (would-be) wife lands here, your friend should have a registered marriage in USA. She has to continue on F-1 VISA till he gets his Citizenship.
There was a V VISA provision which expired as of December 2001 or 2000. This would have allowed GC holders to bring their spouses on V VISA. Ask your friend to join the groups which campaign for this provision. :)
If your friend had a traditional marriage (Church/Temple/Mosque etc ...) and not registered it or just an engagement, it should be fine. There is a risk that your friend's (would-be) wife might be denied entry into USA based on marriage to an immigrant. F-1 VISA holders are not supposed to have immigration intent.
Once his (would-be) wife lands here, your friend should have a registered marriage in USA. She has to continue on F-1 VISA till he gets his Citizenship.
There was a V VISA provision which expired as of December 2001 or 2000. This would have allowed GC holders to bring their spouses on V VISA. Ask your friend to join the groups which campaign for this provision. :)
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glus
01-19 12:59 PM
Can you provide more information? What did they tell you at walk-in?
Locorecto
08-05 11:19 PM
I have a very complicated case, and I need some answer that can release me from all this stress.
I came to the United States country in 2007 with a F1 visa. I won a scholarship sponsored by the government of my country to complete a bachelor degree. I was sent to a community college to improve my English skills. I finished my associated degree at the community College last spring 2009. Since my school only issued the I-20 until June 2009, my visa was also issue until that date. Therefore, my visa is already expired. However, already got accepted into a 4 year college and I am starting in Fall 2009, so I am still under F1 status.
The institution that is sponsoring my scholarship agreed to pay for my bachelor. However, they are requesting all scholarship students to change their status to j1 by the beginning of spring 2010. If I don't do it, I will lose my scholarship and therefore my status since I don't enough money to pay for the very expensive tuition. The institution wants us to go back for two years after we finish our bachelor, so they forcing us to change our visas.
I have been living with my girlfriend since last year. She is a Permanent Resident since 2003 . She is planning to apply for citizenship on February 2010. We are planning to get married by the end of this month (August). I need to go back to my country to change my status to j1 by the end of the fall semester, so I can keep my scholarship.
Here are my questions:
Might getting married now increase the risk of been rejected when apply for J 1 visa?
When would be the best time to get married?
When would be the best time to apply for green card? (Summit I-130, I-485, I-765 and G-325)
My fiancee and I don't have any problems with me going back for 2 years after I finish my studies, as long as I come to visit her about 3 or 4 times in the period of 2 years.
Thanks for your help.
I came to the United States country in 2007 with a F1 visa. I won a scholarship sponsored by the government of my country to complete a bachelor degree. I was sent to a community college to improve my English skills. I finished my associated degree at the community College last spring 2009. Since my school only issued the I-20 until June 2009, my visa was also issue until that date. Therefore, my visa is already expired. However, already got accepted into a 4 year college and I am starting in Fall 2009, so I am still under F1 status.
The institution that is sponsoring my scholarship agreed to pay for my bachelor. However, they are requesting all scholarship students to change their status to j1 by the beginning of spring 2010. If I don't do it, I will lose my scholarship and therefore my status since I don't enough money to pay for the very expensive tuition. The institution wants us to go back for two years after we finish our bachelor, so they forcing us to change our visas.
I have been living with my girlfriend since last year. She is a Permanent Resident since 2003 . She is planning to apply for citizenship on February 2010. We are planning to get married by the end of this month (August). I need to go back to my country to change my status to j1 by the end of the fall semester, so I can keep my scholarship.
Here are my questions:
Might getting married now increase the risk of been rejected when apply for J 1 visa?
When would be the best time to get married?
When would be the best time to apply for green card? (Summit I-130, I-485, I-765 and G-325)
My fiancee and I don't have any problems with me going back for 2 years after I finish my studies, as long as I come to visit her about 3 or 4 times in the period of 2 years.
Thanks for your help.
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gc_dedo
09-09 07:30 PM
I just sent un-notarized copies
I have the original.
I have the original.
more...
thomachan72
05-26 11:16 AM
certainly there is a possibility for delay with pretty much anything that involves immigration. when does your current H1 expire? Even if it expires since you have a pending application, the reciept notice would possibly suffice to continue in legal status. I am definitely not an expert. Others might provide better idea.
need4gc
09-08 05:30 PM
I called USCIS and got the information.....they had already generated the receipt number
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lazycis
09-26 02:17 PM
Technically, you can do that. But it's better for you to transer your case to consular processing if you are not planning to be in the US for a couple years.
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va_dude
05-01 02:01 PM
The key might be that your current employer should be able to give you some kind of letter that details your job duties, etc.
If this letter can allude to the duties in your original labor that's all your attorney would need to make your case.
If this letter can allude to the duties in your original labor that's all your attorney would need to make your case.
more...
WaitingUnlimited
09-21 02:24 AM
Hi,
My H1 and my wife H4 were extended for three years in this Feb and we both have visas until feb 2012 based on th0se extensions.
Now I changed to new job and my H1 is extended to Sep 2012. But my employer said that there is no need to extend H4 because she already has visa and I94 until Feb 2012 and advised her to use my H1 approval while reentering into USA next time to get I94 until Sep 2012 at POA.
Is that fine? Basically can my wife be in US based on I94 that is based on my previous company H4?
Thanks in advance
WA
My H1 and my wife H4 were extended for three years in this Feb and we both have visas until feb 2012 based on th0se extensions.
Now I changed to new job and my H1 is extended to Sep 2012. But my employer said that there is no need to extend H4 because she already has visa and I94 until Feb 2012 and advised her to use my H1 approval while reentering into USA next time to get I94 until Sep 2012 at POA.
Is that fine? Basically can my wife be in US based on I94 that is based on my previous company H4?
Thanks in advance
WA
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Blog Feeds
06-05 04:00 PM
I'm at the annual meeting of the American Immigration Lawyers Association here in Las Vegas. More than 10, 000 lawyers gathered here in Las Vegas to learn about the most recent updates from the Government directly.
We just finished a session with the Department of Labor. Some of the key news is that more company audits are on the way. In fact, currently there are 200 cases pending in the audit line. They promised more audits as the icert system will become a standard in filing PERM, LCA and Prevailing wage requests.
Also H2B cases now must prevailing wage requests directly with the Chicago DOL center. There is a slight delay in processing. They are currenlty working on PWD's filed on May 8th or before. Wea ll need to be patient.
I will keep posting more updates as the day progresses. Next I am off to the USCIS open forum. More exciting news to report soon.
More... (http://www.visalawyerblog.com/2009/06/blogging_from_the_aila_annual.html)
We just finished a session with the Department of Labor. Some of the key news is that more company audits are on the way. In fact, currently there are 200 cases pending in the audit line. They promised more audits as the icert system will become a standard in filing PERM, LCA and Prevailing wage requests.
Also H2B cases now must prevailing wage requests directly with the Chicago DOL center. There is a slight delay in processing. They are currenlty working on PWD's filed on May 8th or before. Wea ll need to be patient.
I will keep posting more updates as the day progresses. Next I am off to the USCIS open forum. More exciting news to report soon.
More... (http://www.visalawyerblog.com/2009/06/blogging_from_the_aila_annual.html)
more...
roseball
11-14 10:49 AM
I need a immigration lawyer whom I can consult today, It is an emergency case and need his help immediately.
Can anyone please suggest me a lawyer in Dallas, TX who works today (Saturday) to get help.
Help highly appreciated.
You can contact the office of Sherin Thawer (Dallas Family Law Attorneys | Dallas Business Law Attorneys | The Law Offices of Sherin Thawer, P.C. (http://www.thawerlaw.com)). I never dealt with her personally and I dont know how good or bad she is but just giving her reference as I always hear her on the local desi radio and their offices are open on Saturdays.
Can anyone please suggest me a lawyer in Dallas, TX who works today (Saturday) to get help.
Help highly appreciated.
You can contact the office of Sherin Thawer (Dallas Family Law Attorneys | Dallas Business Law Attorneys | The Law Offices of Sherin Thawer, P.C. (http://www.thawerlaw.com)). I never dealt with her personally and I dont know how good or bad she is but just giving her reference as I always hear her on the local desi radio and their offices are open on Saturdays.
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lj_rr
08-15 11:28 PM
Help, No response....Bump?
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sac-r-ten
12-11 12:51 PM
When 140 is denied, then 485 is also denied. Appeal going to AAO is common thing. Will sit there forever. Its takes approximately 12-20 months to get a reply.
Mine is already crossed 12 months now.
Hope this helps.
Mine is already crossed 12 months now.
Hope this helps.
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pappu
12-07 10:21 PM
I am surprised How NU is achieving some of the web faxes. Their home page makes you send a email/web fax to Dems&Reps before it lest you in.
neoneo,
It sound so weird that the GC holders you mentioned dont want to register. Sweet! Tell them that by registering on IV, their GC will not be revoked.
nice reply!
Its good to hear that GC holders are also willing to help us. Have them register on our site and request them to make phone calls. If you know US citizens tell them too. Tell them to mention that they are US citizens when they call lawmakers.
neoneo,
It sound so weird that the GC holders you mentioned dont want to register. Sweet! Tell them that by registering on IV, their GC will not be revoked.
nice reply!
Its good to hear that GC holders are also willing to help us. Have them register on our site and request them to make phone calls. If you know US citizens tell them too. Tell them to mention that they are US citizens when they call lawmakers.
more...
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indyanguy
03-12 05:34 PM
I think that thread was closed by Admins for some reason
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gc28262
07-30 09:01 AM
From Ron Gotcher:
ImmInfo Newsletter:* The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)
If an employer withdraws an I-140 after it has been approved, however, the employee is entitled to keep the priority date and use it for any subsequently filed I-140. It doesn't matter that the new I-140 may be for a different job, a different employer, a different location, or even a different preference classification. Once an I-140 is approved, the employee "owns" the priority date forever
ImmInfo Newsletter:* The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)
If an employer withdraws an I-140 after it has been approved, however, the employee is entitled to keep the priority date and use it for any subsequently filed I-140. It doesn't matter that the new I-140 may be for a different job, a different employer, a different location, or even a different preference classification. Once an I-140 is approved, the employee "owns" the priority date forever
more...
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H1B_CIVIL_ENGINEER
12-05 03:35 PM
1.Did anybody have recently got H1B stamping done in Hyderabad consultate.
Yes, I got it done in October.
2. Any issues with getting appointment dates.
No. The only issue I had was that they don't let you book well in advance, which makes it difficult to plan travel. Also, I did not realize until the last minute that you need to submit your documents 4 days in advance before the interview. Luckily one of my friends told me about it and I was able to request my dad to submit the documents in time. Not sure what would have happened if I did not submit the documents upfront...may be, they might have still allowed me in.
3. I have all the documentation in place including pay stubs in the last 8 years.
Good. I have been working for 8 years as well and took the paystubs for just this year(2010) and tax returns for past 3 years. But, they did not ask anything as I was renewing for the same company for the same job. They just asked what I do for the company.
4. Is it preferable to get stamping done in Canada than in Hyderabad,
I prefer Hyd as that is where my parents live and I don't have to waste travel fares, visa fees (for canada visa), hotel, vacation etc by going to canada. I just got it done when visiting my parents. If you live close to Canada or have special travel needs, then may be Canada should be considered.
5. How many days does it take to get the passport back.
7 days total I think, including weekend.
Yes, I got it done in October.
2. Any issues with getting appointment dates.
No. The only issue I had was that they don't let you book well in advance, which makes it difficult to plan travel. Also, I did not realize until the last minute that you need to submit your documents 4 days in advance before the interview. Luckily one of my friends told me about it and I was able to request my dad to submit the documents in time. Not sure what would have happened if I did not submit the documents upfront...may be, they might have still allowed me in.
3. I have all the documentation in place including pay stubs in the last 8 years.
Good. I have been working for 8 years as well and took the paystubs for just this year(2010) and tax returns for past 3 years. But, they did not ask anything as I was renewing for the same company for the same job. They just asked what I do for the company.
4. Is it preferable to get stamping done in Canada than in Hyderabad,
I prefer Hyd as that is where my parents live and I don't have to waste travel fares, visa fees (for canada visa), hotel, vacation etc by going to canada. I just got it done when visiting my parents. If you live close to Canada or have special travel needs, then may be Canada should be considered.
5. How many days does it take to get the passport back.
7 days total I think, including weekend.
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bugsbunny
05-01 04:15 PM
Guys:
Is there any specific PERM requirement as to how many days does the job posting need to be posted on a job search website like monster.com?
For some reason, I thought that it was required for the job to be posted for at least 30 days but I can't find out the source.
there are several steps...not just posting on monster for 30 days
Please go through Department of Labor guidelines
Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm)
Is there any specific PERM requirement as to how many days does the job posting need to be posted on a job search website like monster.com?
For some reason, I thought that it was required for the job to be posted for at least 30 days but I can't find out the source.
there are several steps...not just posting on monster for 30 days
Please go through Department of Labor guidelines
Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm)
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go_guy123
10-01 02:31 PM
MALDEF is one organization that has openly talked on piecemeal bill. Now we need to see
other allied groups like La Raza come to the same conclusion.
Till then EB2/3 reform will have to wait.
other allied groups like La Raza come to the same conclusion.
Till then EB2/3 reform will have to wait.
saps
01-02 01:31 PM
Can someone please help me on this. I would really appreciate any help on this.
babu123
04-28 07:21 AM
Do you have any link where the guidelines are?
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