visaspirant
10-22 02:14 PM
Thanks again Elaine, for clearing much of the fog in my mind!
So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?
Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?
So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?
Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?
hebron
10-07 10:55 AM
LUV IT !!!!! It is high time people came to know more about this self-righteous drumbeater. Another guy who acts like Dobbs is that chesty AZ sheriff. I also wish, people like Tancredo, Grassley, Durbin change their narrow mind towards legal immigration.
retso
09-07 04:03 AM
My lawyer had applied on August 25th for the LCA. We got to know on September 3rd that there was an issue with the FEIN. We emailed the required documents to DOL on September 4th.
My H1 expires on September 30th and consequently my I94 on October 10th, so i'm a bit concerened.
I will post an update when I hear something from DOL.
Just want to confirm that I have till October 10th to get my petition to USCIS. Anyone?
Also, do i have to leave the country by October 10th if I can't get the LCA issue fixed/ petition mailed?
My H1 expires on September 30th and consequently my I94 on October 10th, so i'm a bit concerened.
I will post an update when I hear something from DOL.
Just want to confirm that I have till October 10th to get my petition to USCIS. Anyone?
Also, do i have to leave the country by October 10th if I can't get the LCA issue fixed/ petition mailed?
sbmallik
04-03 03:35 PM
No problem, you can apply for Canadian visitor visa: do reveal your current status (AOS) - Canadian immigration will see your ties to the US and they will issue the visa (as per your situation, you are less likely to overstay the visitor visa).
more...
randallemery
03-10 10:22 PM
Immigration Press Briefing
9:00 am PST, February 28, 2006
This week the AFL-CIO Committee on Immigration adopted one of the most innovative and progressive frameworks for achieving real comprehensive immigration reform. As it stands today, our immigration system is nothing more than a blueprint for exploitation of both foreign and native-born workers. Overhaul of our nation's broken immigration laws is long overdue.
We believe that America deserves a more just and democratic immigration system that protects the interests of ALL workers within our borders-immigrants and U.S.-born workers alike.
It's a tragedy that instead of advocating for permanent relief to the millions of undocumented workers already in this country, paying taxes and contributing to their communities, our nation's leaders continue to push for the same old hollow policies that if enacted will only drive immigrants further into the shadows of American society while allowing employers to depress labor protections and standards for ALL workers within our borders.
Instead of comprehensive reform, many of our leaders continue to look to outdated temporary guestworker programs as a cure-all solution. Real immigration reform cannot and should not be designed primarily to enlarge guestworker programs that have served only to provide greedy employers with a steady stream of vulnerable, indentured workers they may exploit for commercial gain.
This week AFL-CIO unions have voted on a landmark resolution that breaks away from this oppressive guestworker mold and offers a more just and viable solution that will benefit all workers. To be effective, comprehensive immigration reform must include three key, interdependent goals: 1) reform proposals MUST provide a clear and well-defined path to permanent residency for those workers already here and contributing to their communities 2) our laws must include uniform enforcement of workplace standards to ensure a more just and level playing field and 3) to achieve a blanket standard of workplace right, we MUST reject outdated guestworker constructs that by their very nature harm the interests of foreign and U.S born workers alike.
The horrific abuses suffered by workers in the first such program, the post -World War II bracero program, are well documented and indisputable. And although most people like to think of bracero programs as a phenomenon of the past, the reality is that their legacy of exploitation and abuse continues to thrive in contemporary American society through modern guestworker programs such as the H1-B and H2-B. President Junemann will talk more about how employers take advantage of H1-Bs and exploit workers while eroding wages and workplace standards within the high tech industry
We believe that there is absolutely no good reason why any immigrant who comes to this country prepared to work, to pay taxes, and to abide by our laws and rules should be relegated to this repressive, second-class guestworker status.
To embrace the expansion of temporary guestworker programs is to embrace the creation of an undemocratic, two-tiered society.
To combat this model, the AFL-CIO has put forth a more humane and democratic alternative. We propose that if employers can demonstrate a real need for outside workers, these workers should be allowed into our country with the SAME RIGHTS AND LABOR PROTECTIONS of any U.S. citizen. When there is a real need for foreign workers, we should embrace these workers NOT as "guests" but as FULL members of society --as PERMANENT RESIDENTS with full rights and full mobility that greedy employers may NOT exploit.
What immigrant workers need is a real path to legalization and a method for addressing America's future needs for outside labor in a way that guarantees immigrant workers--and thus ALL workers--full rights, and a real voice on the job. As a nation that prides itself on fair treatment and equality, we simply cannot settle for anything less.
9:00 am PST, February 28, 2006
This week the AFL-CIO Committee on Immigration adopted one of the most innovative and progressive frameworks for achieving real comprehensive immigration reform. As it stands today, our immigration system is nothing more than a blueprint for exploitation of both foreign and native-born workers. Overhaul of our nation's broken immigration laws is long overdue.
We believe that America deserves a more just and democratic immigration system that protects the interests of ALL workers within our borders-immigrants and U.S.-born workers alike.
It's a tragedy that instead of advocating for permanent relief to the millions of undocumented workers already in this country, paying taxes and contributing to their communities, our nation's leaders continue to push for the same old hollow policies that if enacted will only drive immigrants further into the shadows of American society while allowing employers to depress labor protections and standards for ALL workers within our borders.
Instead of comprehensive reform, many of our leaders continue to look to outdated temporary guestworker programs as a cure-all solution. Real immigration reform cannot and should not be designed primarily to enlarge guestworker programs that have served only to provide greedy employers with a steady stream of vulnerable, indentured workers they may exploit for commercial gain.
This week AFL-CIO unions have voted on a landmark resolution that breaks away from this oppressive guestworker mold and offers a more just and viable solution that will benefit all workers. To be effective, comprehensive immigration reform must include three key, interdependent goals: 1) reform proposals MUST provide a clear and well-defined path to permanent residency for those workers already here and contributing to their communities 2) our laws must include uniform enforcement of workplace standards to ensure a more just and level playing field and 3) to achieve a blanket standard of workplace right, we MUST reject outdated guestworker constructs that by their very nature harm the interests of foreign and U.S born workers alike.
The horrific abuses suffered by workers in the first such program, the post -World War II bracero program, are well documented and indisputable. And although most people like to think of bracero programs as a phenomenon of the past, the reality is that their legacy of exploitation and abuse continues to thrive in contemporary American society through modern guestworker programs such as the H1-B and H2-B. President Junemann will talk more about how employers take advantage of H1-Bs and exploit workers while eroding wages and workplace standards within the high tech industry
We believe that there is absolutely no good reason why any immigrant who comes to this country prepared to work, to pay taxes, and to abide by our laws and rules should be relegated to this repressive, second-class guestworker status.
To embrace the expansion of temporary guestworker programs is to embrace the creation of an undemocratic, two-tiered society.
To combat this model, the AFL-CIO has put forth a more humane and democratic alternative. We propose that if employers can demonstrate a real need for outside workers, these workers should be allowed into our country with the SAME RIGHTS AND LABOR PROTECTIONS of any U.S. citizen. When there is a real need for foreign workers, we should embrace these workers NOT as "guests" but as FULL members of society --as PERMANENT RESIDENTS with full rights and full mobility that greedy employers may NOT exploit.
What immigrant workers need is a real path to legalization and a method for addressing America's future needs for outside labor in a way that guarantees immigrant workers--and thus ALL workers--full rights, and a real voice on the job. As a nation that prides itself on fair treatment and equality, we simply cannot settle for anything less.
cooldudesfo
09-11 01:46 PM
Does your Attorney says that counter will start from Aug 28, 2007 ?
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
more...
PDOCT05
10-30 04:52 PM
I wasn't able to create a new thread so would like to post.
I have future GC filed from Company X, the priority date is February 2006.
I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is
If I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
What could be the implications?
You have posted this in the wrong place..to open a new thread it's easy..just go to any forum home page and on the top see new thread button in purple color.
I have future GC filed from Company X, the priority date is February 2006.
I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is
If I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
What could be the implications?
You have posted this in the wrong place..to open a new thread it's easy..just go to any forum home page and on the top see new thread button in purple color.
rockstart
01-25 12:50 PM
I recently updated my address thro AR 11 online and also submitted the SRC numbers for the 485 pending for myself and wife. I received a mail (post) stating that USCIS has received my change of address notification and they have udated the new address to my 485 application. I received two seperate letters for me and spouse. But there is no change online on LUD's to those case which are 11/4 when my fingerprinting status was updated. Does this mean USCIS has goofed the address change? I have safely filed the USCIS receipt's with me in case they create issue in future. :o
more...
GCFrenzy
05-12 12:02 PM
seriously were you born somewhere else.....or married some gori.......
Oops that's the quote from the article... I have not yet received any green card.... Please read the article. Sorry if I have created any confusion...
No I have not married any gori
No I have not born elsewhere in between..
Oops that's the quote from the article... I have not yet received any green card.... Please read the article. Sorry if I have created any confusion...
No I have not married any gori
No I have not born elsewhere in between..
malibuguy007
10-03 05:38 PM
And back on to the first page again :eek:
more...
sunshine2007
08-27 05:30 PM
I agree this is illegal and there have been many cases where applications have been denied for fraud. I knwo that is not your intention but USCIS considers this sort of "arrangement" a fraud.
but if i go through a regular divorce process is that okay for the USCIS?
but if i go through a regular divorce process is that okay for the USCIS?
anurakt
01-14 06:30 PM
I think we may have spoken about this , but here is my question :
My wife has her passpot with visa stamped till June 2007 from my previous company. She has a new I-94 extended till 2008 July. She will be going to India in March and will be back in May (before June 2007 expiry of the visa on her passport). Here are my questions :
1. Will at the port of entry she would get the June 2007 on her I-94 or the extension I-94 date of July 2008. I know it will depend on the POE officer, but I want to know what has been the experience of such cases...?
2. In case she gets June 2007 on the I-94 at POE, can I get it corrected at the local CBP office to July 2008 after she is home here in US? Remember it's not a mistake by the POE officer but he/she giving preference to visa stamp and not the extension paper ?
3 Does it make sense for my wife to remind before hand about the extension at the POE and argue it ? Has anybone done that and is it safe ?
My wife has her passpot with visa stamped till June 2007 from my previous company. She has a new I-94 extended till 2008 July. She will be going to India in March and will be back in May (before June 2007 expiry of the visa on her passport). Here are my questions :
1. Will at the port of entry she would get the June 2007 on her I-94 or the extension I-94 date of July 2008. I know it will depend on the POE officer, but I want to know what has been the experience of such cases...?
2. In case she gets June 2007 on the I-94 at POE, can I get it corrected at the local CBP office to July 2008 after she is home here in US? Remember it's not a mistake by the POE officer but he/she giving preference to visa stamp and not the extension paper ?
3 Does it make sense for my wife to remind before hand about the extension at the POE and argue it ? Has anybone done that and is it safe ?
more...
dreeft
10-28 10:43 PM
Sounds complicated. I don't want to rain on your parade, but having more than one person in a freelance "business" (a business is anything that earns money) is very complicated. You have to work out tax and wages.
I'd suggest starting alone and then getting someone to help you, or share work with some else in a similar situation.
I'd suggest starting alone and then getting someone to help you, or share work with some else in a similar situation.
ca_immigrant
04-15 08:20 PM
So I have sent them 2 applications
one for my daughter (add OCI to new passport) and one for my son (get new PIO)
All have same documents and so have sent proof of address for both the applications.
My son's got flagged for missing proof of address and so sent them the DL copy (mine, do not have wife's will try sending them the AP as you folks have mentioned, thanks !)
Intrestingly my daughter's got flagged for missing photo copies and have been charged $20 for 10 pages :mad: which by the way I am sure I had sent to them...
and now they are saying I have not sent the old passport that has the U visa.
Now this is a new requirement and was not there previously , before they were asking only for copy of old visa. I have a print out of the requirements from the day I filed.
Apparently, the indian consualte keeps chaing requirements every day is what I was told over the phone.
and reaching them seems to be a very painful wait :( 30 minutes to 1 hour at the least
So far I must say I am not impressed with thier service...but anyways why will they care
just venting out !!
one for my daughter (add OCI to new passport) and one for my son (get new PIO)
All have same documents and so have sent proof of address for both the applications.
My son's got flagged for missing proof of address and so sent them the DL copy (mine, do not have wife's will try sending them the AP as you folks have mentioned, thanks !)
Intrestingly my daughter's got flagged for missing photo copies and have been charged $20 for 10 pages :mad: which by the way I am sure I had sent to them...
and now they are saying I have not sent the old passport that has the U visa.
Now this is a new requirement and was not there previously , before they were asking only for copy of old visa. I have a print out of the requirements from the day I filed.
Apparently, the indian consualte keeps chaing requirements every day is what I was told over the phone.
and reaching them seems to be a very painful wait :( 30 minutes to 1 hour at the least
So far I must say I am not impressed with thier service...but anyways why will they care
just venting out !!
more...
roseball
07-27 12:43 AM
I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.
So there are 2 I-140's with the USCIS.
Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.
Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.
Infact I recently travelled to india and came back on Advance Parole before all this denial happend.
Now, I filed my H1B extension , What will happen to the H1 extension ?
and What is my status now?
Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?
Any help would appreciate
Thanks
Reddy
Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.
Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.
So there are 2 I-140's with the USCIS.
Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.
Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.
Infact I recently travelled to india and came back on Advance Parole before all this denial happend.
Now, I filed my H1B extension , What will happen to the H1 extension ?
and What is my status now?
Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?
Any help would appreciate
Thanks
Reddy
Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.
Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.
prp925
04-13 06:10 PM
Are you EB2?
Hello IV Freinds,
I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.
I appreciate IV for providing this website for sharing our immigration issues and concerns in this long journey.
Good luck to all IV members who are still awaiting for good day to come.
Thanks,
Hello IV Freinds,
I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.
I appreciate IV for providing this website for sharing our immigration issues and concerns in this long journey.
Good luck to all IV members who are still awaiting for good day to come.
Thanks,
more...
inetuser
08-03 10:23 PM
I just entered arbit number and guess what turned up..
Receipt Number: lin0722554233
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On August 3, 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 when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Receipt Number: lin0722554233
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On August 3, 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 when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
martinvisalaw
07-06 09:51 AM
See answers below, IN CAPS.
I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
Here is my current status :
6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :
1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?
NO, THERE SHOULDN'T BE A PROBLEM. HOWEVER, IT WOULD BE BETTER IF YOU HAD AN APPROVED EXTENSION OR AT LEAST AN EXTENSION RECEIPT NOTICE TO SHOW THE CONSULATE.
2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?
IT MAY BE EBST TO APPLY JUST BEFORE YOU LEAVE. HOWEVER, YOU CAN PROBABLY TRUST YOUR ATTORNEY'S SUGGESTION.
3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?
NO, YOU ARE OK TO STAY ONCE AN EXTENSION WAS FILED BEFORE THE CURRENT STATUS EXPIRES.
Thanks.
I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
Here is my current status :
6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :
1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?
NO, THERE SHOULDN'T BE A PROBLEM. HOWEVER, IT WOULD BE BETTER IF YOU HAD AN APPROVED EXTENSION OR AT LEAST AN EXTENSION RECEIPT NOTICE TO SHOW THE CONSULATE.
2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?
IT MAY BE EBST TO APPLY JUST BEFORE YOU LEAVE. HOWEVER, YOU CAN PROBABLY TRUST YOUR ATTORNEY'S SUGGESTION.
3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?
NO, YOU ARE OK TO STAY ONCE AN EXTENSION WAS FILED BEFORE THE CURRENT STATUS EXPIRES.
Thanks.
mrane1
05-04 11:52 PM
I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
Also what docs should be send after efiling, if any?
Also what docs should be send after efiling, if any?
rbharol
08-19 02:39 AM
I could find this useful. I am in my 6th year expiring June 1, 2007. My employers are just about to file LC, so I guess being able to process I140 by premium will enable me file for a three year extension before my current stay expires.
May be they did it for those who are in 6th year and did not file LC 365 day before 6 year expiry.. Now they can file LC in perm get approval fast and then get Premium 140 to get 3 year extension on H1B.
May be they did it for those who are in 6th year and did not file LC 365 day before 6 year expiry.. Now they can file LC in perm get approval fast and then get Premium 140 to get 3 year extension on H1B.
skannan
06-02 01:30 PM
I agree with smuggy, we do not fight hard to get money because
We don't really work that hard to make that money, If you worked during your undergraduate years in slaughter houses like McDonalds and Pizza hut, you would know what the value of money today, most of them are paid by their parents,
Most of the desis are creative but lazy at work (esp. people in my company), so they work long hours, Can not read complicated text, especially from Insurance companies
and some of them are look backwards as lawsuits are taboo, terrible balance between work and life, procrastination, and finally, not understanding of how to make use of simple, dummy proof American legal system to solve tiny and simple problems like insurance payments and rejections.
We don't really work that hard to make that money, If you worked during your undergraduate years in slaughter houses like McDonalds and Pizza hut, you would know what the value of money today, most of them are paid by their parents,
Most of the desis are creative but lazy at work (esp. people in my company), so they work long hours, Can not read complicated text, especially from Insurance companies
and some of them are look backwards as lawsuits are taboo, terrible balance between work and life, procrastination, and finally, not understanding of how to make use of simple, dummy proof American legal system to solve tiny and simple problems like insurance payments and rejections.
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