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07-13 12:48 PM
I am writing the second of a multi-part series of posts on how to bring family relatives to the United States permanently. The first post I wrote provided general information on bringing family relatives to the United States. (See my post, "Can I petition for my relative to immigrate to the United States?" (http://www.californiaimmigrationlawyerblog.com/2009/05/can_i_petition_for_my_relative.html)) This post will focus on how to petition for your brother or sister to come to the United States permanently.
In order to petition for your brother or sister you must file Form I-130, Petition for Alien Relative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) with United States and Citizenship Services ("USCIS") along with proof that you are a United States Citizen and that you are related to your brother or sister. I will discuss the steps you must take in more detail below.
Obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
You may obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), by clicking on the link in this post. At the same time that you obtain the form, you should also print out the instructions to the form. They are more detailed than the instructions I will provide in this post and provide the mailing address to where you will need to send the form.
Proof of U.S. Citizenship
You may prove that you are a U.S. citizen by sending one of the following documents to USCIS with your petition:
A copy of your birth certificate (if you were born in the United States) issued by a civil registrar, vital statistics office, or other civil authority.
A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.
A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. embassy or consulate.
A copy of your unexpired U.S. passport. OR
An original letter from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_do_i_bring_my_brother_or_s.html)
In order to petition for your brother or sister you must file Form I-130, Petition for Alien Relative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) with United States and Citizenship Services ("USCIS") along with proof that you are a United States Citizen and that you are related to your brother or sister. I will discuss the steps you must take in more detail below.
Obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
You may obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), by clicking on the link in this post. At the same time that you obtain the form, you should also print out the instructions to the form. They are more detailed than the instructions I will provide in this post and provide the mailing address to where you will need to send the form.
Proof of U.S. Citizenship
You may prove that you are a U.S. citizen by sending one of the following documents to USCIS with your petition:
A copy of your birth certificate (if you were born in the United States) issued by a civil registrar, vital statistics office, or other civil authority.
A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.
A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. embassy or consulate.
A copy of your unexpired U.S. passport. OR
An original letter from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_do_i_bring_my_brother_or_s.html)
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Jaime
09-06 06:51 PM
Lou Dobbs is criticizing against the STRIVE act and saying that doubling the Employment based immigration will flood the market and will effect the middle class in america.Guys, this is another great reason of why to change your mind and ATTEND THE RALLY! Let's force CNN to put us on their screens and laugh in Lou Dobbs' face! We can at least reply to his lies in a forceful yet peaceful and educated way (something he isn't!)
amsgc
02-01 12:11 AM
On reading a bit about PIMS, it seems that if your information is not in the KCC, then the US consulate sends a request to Kentucky for information. It turns out KCC has access to the CLAIMS3 system used by the USCIS, and they generally respond in 48 hrs. Here is the link:
http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx
Scroll down to Dec 12.
http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx
Scroll down to Dec 12.
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simple1
10-07 04:03 PM
you can be legally self employed/direct-contractor/consultant (fulltime, same or similar with earnings >= the one in perm) in EAD after Ac21.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
more...
nkavjs
11-15 10:00 AM
I am very keen to try and get a state chapter from Indiana. There have to be at least half a dozen of us.
There are millions of Starbucks in the area, maybe we can monopolize a corner in one of them some time.
From what I have read here then most of the replies are in the Indianapolis and northern suburbs, so I am proposing that we meet this Saturday at the Starbucks in Westfield!
By this location I mean where Ashleys furniture is on US 31 and 146th Street.
I can make it any time on Saturday but we have to set on a time, I am suggesting 11am.
Hello Folks :
I am in Indy (basically in fishers). Stuck in this process since 2003. I am all for active participation with this IV Indiana forum. Pls. let me know.
Thanks
RPH
There are millions of Starbucks in the area, maybe we can monopolize a corner in one of them some time.
From what I have read here then most of the replies are in the Indianapolis and northern suburbs, so I am proposing that we meet this Saturday at the Starbucks in Westfield!
By this location I mean where Ashleys furniture is on US 31 and 146th Street.
I can make it any time on Saturday but we have to set on a time, I am suggesting 11am.
Hello Folks :
I am in Indy (basically in fishers). Stuck in this process since 2003. I am all for active participation with this IV Indiana forum. Pls. let me know.
Thanks
RPH
a_yaja
08-07 06:19 PM
From the information that you have provided, I can tell you that their argument does not hold any water. The same can be said of H1B as well. If they are tracking expiration of H1B, they certainly can do the same for EAD.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
more...
smudunuri
08-07 03:16 PM
The Story Thus far:
Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.
I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Approval Notice Sent received in mail
AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse
PD: 03/13/03
I-140 2 (EB2) AD: 05/06/09
EB2 - India / MI / NSC
Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.
I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Approval Notice Sent received in mail
AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse
PD: 03/13/03
I-140 2 (EB2) AD: 05/06/09
EB2 - India / MI / NSC
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Junky
09-10 08:17 AM
Please call congressmen to support HR5882.
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706
Ric Keller (R-Fla.)202- 225-2176
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236
Jim Jordan (R-Ohio) 202-225-2676
Betty Sutton (D-Ohio) 202-225-3401
Chris Cannon (R-Utah)202- 225-7751
Steve Chabot (R-Ohio) 202-225-2216
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Trent Franks (R-Ariz.)202- 225-4576
Luis Gutierrez (D-Ill.)202- 225-8203
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Howard L. Berman (D-Calif.) 202-225-4695
Debbie Wasserman Schultz (D-Fla.) 202-225-7931 (IN FAVOR - Reported by IV member new_horizon)
Tammy Baldwin (D-Wis.) 202- 225-2906 (IN FAVOR - Reported by IV members cnag & Prashant)
Maxine Waters (D-Calif.) 202-225-2201 (IN FAVOR - Reported by IV member little_willy)
Anthony D. Weiner (D-N.Y.) 202-225-6616 (IN FAVOR - Reported by IV member punjabi77)
Robert Wexler (D-Fla.) 202-225-3001 (IN FAVOR - Reported by IV member punjabi77)
Hank Johnson (D-Ga.) 202-225-1605 (IN FAVOR - Reported by IV member punjabi77)
Zoe Lofgren (D-Calif.)202- 225-3072 (ALREADY SPONSOR DO NOT CALL)
Jim Sensenbrenner (R-Wis.) 202-225-5101 (ALREADY COSPONSOR DO NOT CALL)
Linda Sanchez (D-Calif.) 202-225-6676 (ALREADY COSPONSOR DO NOT CALL)
Jerrold Nadler (D-N.Y.) 202-225-5635 (ALREADY COSPONSOR DO NOT CALL)
Artur Davis (D-Ala.) 202-225-2665 (ALREADY COSPONSOR DO NOT CALL)
Sheila Jackson-Lee (D-Texas)202- 225-3816 (ALREADY COSPONSOR DO NOT CALL)
Melvin L. Watt (D-N.C.)202- 225-1510 (ALREADY COSPONSOR DO NOT CALL)
My apologies for re-posting...
but looks like we are all late... in the GC waiting game:rolleyes:
Hard to remain hopeful
Elton Gallegly (R-Calif.)202- 225-5811
Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
Dan Lungren (R-Calif.)202- 225-5716
Brad Sherman (D-Calif.) 202-225-5911
Adam B. Schiff (D-Calif.)202- 225-4176
Rick Boucher (D-Va.) 202-225-3861
Robert C. Scott (D-Va.) (202) 225-8351
Bob Goodlatte (R-Va.)202- 225-5431
J. Randy Forbes (R-Va.)202- 225-6365
Tom Feeney (R-Fla.) 202-225-2706
Ric Keller (R-Fla.)202- 225-2176
Louie Gohmert (R-Texas) 202-225-3035
Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236
Jim Jordan (R-Ohio) 202-225-2676
Betty Sutton (D-Ohio) 202-225-3401
Chris Cannon (R-Utah)202- 225-7751
Steve Chabot (R-Ohio) 202-225-2216
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Trent Franks (R-Ariz.)202- 225-4576
Luis Gutierrez (D-Ill.)202- 225-8203
Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
Mike Pence (R-Ind.) 202-225-3021
Howard L. Berman (D-Calif.) 202-225-4695
Debbie Wasserman Schultz (D-Fla.) 202-225-7931 (IN FAVOR - Reported by IV member new_horizon)
Tammy Baldwin (D-Wis.) 202- 225-2906 (IN FAVOR - Reported by IV members cnag & Prashant)
Maxine Waters (D-Calif.) 202-225-2201 (IN FAVOR - Reported by IV member little_willy)
Anthony D. Weiner (D-N.Y.) 202-225-6616 (IN FAVOR - Reported by IV member punjabi77)
Robert Wexler (D-Fla.) 202-225-3001 (IN FAVOR - Reported by IV member punjabi77)
Hank Johnson (D-Ga.) 202-225-1605 (IN FAVOR - Reported by IV member punjabi77)
Zoe Lofgren (D-Calif.)202- 225-3072 (ALREADY SPONSOR DO NOT CALL)
Jim Sensenbrenner (R-Wis.) 202-225-5101 (ALREADY COSPONSOR DO NOT CALL)
Linda Sanchez (D-Calif.) 202-225-6676 (ALREADY COSPONSOR DO NOT CALL)
Jerrold Nadler (D-N.Y.) 202-225-5635 (ALREADY COSPONSOR DO NOT CALL)
Artur Davis (D-Ala.) 202-225-2665 (ALREADY COSPONSOR DO NOT CALL)
Sheila Jackson-Lee (D-Texas)202- 225-3816 (ALREADY COSPONSOR DO NOT CALL)
Melvin L. Watt (D-N.C.)202- 225-1510 (ALREADY COSPONSOR DO NOT CALL)
My apologies for re-posting...
but looks like we are all late... in the GC waiting game:rolleyes:
Hard to remain hopeful
more...
chintsus
08-15 02:05 AM
My H1B visa expires on Sep 22nd of this year. I am going to file for an extension but the only concern i have is my passport expires in July 2010. Does the passport expiry date matter for the H1B extension process..i know that the visa procedure requires a passport valid for at least 6 months.
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GCard_Dream
04-12 07:26 PM
You may have a great idea but it'll never happen. Anti-immigrants will label this idea as "Green card for sale" and essentially that's what it is. Bush is also proposing the same for undocumented workers for 10K but conservatives aren't falling for it.
You can argue all you want that we have done everything by the book and have lived here legally all along but no one seems to be impressed with that argument and hence hardly anyone talks about relief to EB folks.
The only 2 topic that is ever discussed is H1B (for company's benefit) and illegal alien (big vote bank for politicians). Even if you propose 50K, I don't think anyone will listen.
It's fun to bounce around ideas, however, while we are waiting for our green card. :)
You can argue all you want that we have done everything by the book and have lived here legally all along but no one seems to be impressed with that argument and hence hardly anyone talks about relief to EB folks.
The only 2 topic that is ever discussed is H1B (for company's benefit) and illegal alien (big vote bank for politicians). Even if you propose 50K, I don't think anyone will listen.
It's fun to bounce around ideas, however, while we are waiting for our green card. :)
more...
sammyb
05-02 09:54 AM
Read this on recent news letter ...
MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)
seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)
seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
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virtual55
05-16 12:57 PM
I am seeing currently 700 members actively using IV website right now, but I don't think all of them have signed up for monthly contribution, Guys please contribute and help yourself
more...
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cooldudesfo
12-16 06:51 PM
Hello Friends,
I am travelling to INDIA on Jan 28, 2009.
I am booking Lufthansa Airlines, travelling via Munich to Delhi.
Visa on passport is expired but I do have approval of H1B till 2010.
Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.
Thanks in advance.
I am travelling to INDIA on Jan 28, 2009.
I am booking Lufthansa Airlines, travelling via Munich to Delhi.
Visa on passport is expired but I do have approval of H1B till 2010.
Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.
Thanks in advance.
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seahawks
06-02 08:43 AM
My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
Does USCIS have any requirements for validity dates for passport when application for H1B is sent?
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
more...
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newworld
03-08 09:57 PM
These talks never mention legal immigration. Americans don't want all sort of immigration: legal or illegal.
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cnag
07-11 01:37 PM
1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
Assuming nothing happens,only the most optimistic of EB3-I will still be hanging around. All Others would have been long gone:rolleyes:
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in
Assuming nothing happens,only the most optimistic of EB3-I will still be hanging around. All Others would have been long gone:rolleyes:
more...
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wandmaker
12-31 12:30 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.
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immilaw
09-15 08:48 AM
How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
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desi3933
06-22 08:23 AM
I-485 can be rejected if filed with incomplete initial evidence.
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word “Sorry”.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word “Sorry”.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
apb
08-07 04:55 PM
--
Yes, I just spoke with another IV member who is in your situation and he is visiting Canada later this month to take care of this issue
Yes that is ME..:-) I am still contemplating risking my FP (anytime soon) against my H1B stamping name check that could come up or use AVR and go back for H1B stamping later.
The same appointment could be used by my wife to stamp her H4.
testtesttest has gone to Canada today for PR stamping and he is going to use AVR to reenter US. I might do the same right now.
For me I have a arrest record for driving with suspended license (non payment of ticket) for which I was fingerprinted and photographed though I have police clearance letter from SJPD.
If you are sure that you do not have any records like this then go for stamping of H1 also. It is perfectly OK to get both PR landing and H1B stamping done.
Yes, I just spoke with another IV member who is in your situation and he is visiting Canada later this month to take care of this issue
Yes that is ME..:-) I am still contemplating risking my FP (anytime soon) against my H1B stamping name check that could come up or use AVR and go back for H1B stamping later.
The same appointment could be used by my wife to stamp her H4.
testtesttest has gone to Canada today for PR stamping and he is going to use AVR to reenter US. I might do the same right now.
For me I have a arrest record for driving with suspended license (non payment of ticket) for which I was fingerprinted and photographed though I have police clearance letter from SJPD.
If you are sure that you do not have any records like this then go for stamping of H1 also. It is perfectly OK to get both PR landing and H1B stamping done.
desi3933
02-23 03:20 PM
.....
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
........
No.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Refer to my previous post on this thread.
_________________
Not a legal advice
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
........
No.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Refer to my previous post on this thread.
_________________
Not a legal advice
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