gomirage
07-30 02:05 AM
Why do you need to go to Canada ? If your you have I797 you are approved and can start working with adjustment of status. Am I missing something ?
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cbpds
01-27 02:04 PM
THe questions to Obama is gaining steam, IV needs to tell everyone to vote so that our questions will be highly ranked
see this
Obama to take YouTube questions on State of the Union speech - CNN.com (http://www.cnn.com/2011/POLITICS/01/26/obama.youth.outreach/index.html)
see this
Obama to take YouTube questions on State of the Union speech - CNN.com (http://www.cnn.com/2011/POLITICS/01/26/obama.youth.outreach/index.html)
TwinkleM
07-02 02:55 AM
My lawyer did receive the RFE for new H1 application.
Since we did not mention whether embassy case or consulate case, they have asked to prove my legal immigrant status while filing the new H1. The reason, we did not chose the above option as I wanted to avoid consulate case & avoid traveling outside the country.
But, since now we have no choice but to chose consulate case, I was wondering if you all could guide whether to choose Home country or Third country (Canada or Mexico).
I personally want to go to neighboring country instead of home country as that would save lot of time.
Can somebody please provide with pros & cons to get it stamped from Home Country V/S third country.
Also,
1) what are the chances of stamping of approved H1 being denied in Home Country V/S Third Country.
2) In worst scenario, how many days can they make us wait outside USA before they approve or disapprove?
3) What are the chances of them disapproving my case?
4) Am I allowed to take my U.S citizen kids along with me to the consulate?
5) Which consulate is a safer option in terms of stamping my approved H1 & port of Entry.
Canada - port of Entry thru road.
Mexico
India - Port of Entry in NJ or NY or Atlanta or Boston
Also, would highly appreciate if people could post their experiences of recent H1 stamping along with the location of consulate.
Advices from the expert lawyers, senior & junior members is appreciated.
Thanx in Advance
Since we did not mention whether embassy case or consulate case, they have asked to prove my legal immigrant status while filing the new H1. The reason, we did not chose the above option as I wanted to avoid consulate case & avoid traveling outside the country.
But, since now we have no choice but to chose consulate case, I was wondering if you all could guide whether to choose Home country or Third country (Canada or Mexico).
I personally want to go to neighboring country instead of home country as that would save lot of time.
Can somebody please provide with pros & cons to get it stamped from Home Country V/S third country.
Also,
1) what are the chances of stamping of approved H1 being denied in Home Country V/S Third Country.
2) In worst scenario, how many days can they make us wait outside USA before they approve or disapprove?
3) What are the chances of them disapproving my case?
4) Am I allowed to take my U.S citizen kids along with me to the consulate?
5) Which consulate is a safer option in terms of stamping my approved H1 & port of Entry.
Canada - port of Entry thru road.
Mexico
India - Port of Entry in NJ or NY or Atlanta or Boston
Also, would highly appreciate if people could post their experiences of recent H1 stamping along with the location of consulate.
Advices from the expert lawyers, senior & junior members is appreciated.
Thanx in Advance
2011 Disney Pixar Cars - Preview of
ggc
10-16 03:44 PM
My 485 interview (employment based) has been scheduled in San Jose, CA for Oct,29th.
Interview letter says bring following documents:
All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.
I have few questions on this:
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
separate or can we go at the same time?
2. Do I need to carry employer tax returns also?
3. Do I need to carry affidavit of support for my wife?
4. Are there any documents that I need to carry apart from mentioned in the above list?
Also if you have attended interview in San Jose field office, please share your experience.
Thanks.
Interview letter says bring following documents:
All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.
I have few questions on this:
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
separate or can we go at the same time?
2. Do I need to carry employer tax returns also?
3. Do I need to carry affidavit of support for my wife?
4. Are there any documents that I need to carry apart from mentioned in the above list?
Also if you have attended interview in San Jose field office, please share your experience.
Thanks.
more...
hibworker
01-04 02:26 PM
Probably I did not make myself clear .
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
Sure she can apply for COS to F1. I am not sure what impact denial in India will have, but its worth a shot. However, for OPT the student needs to be in F1 status for at least 1 academic year - so check with her school if she will meet the OPT requirement after switching back to F1
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
Sure she can apply for COS to F1. I am not sure what impact denial in India will have, but its worth a shot. However, for OPT the student needs to be in F1 status for at least 1 academic year - so check with her school if she will meet the OPT requirement after switching back to F1
gc28262
04-19 09:59 PM
I had the same issue. Still awaiting my AP which was applied in Nov 2008.
When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.
I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.
Finally I called them again, this time I talked to a more knowledgeable accommodating IO.
Keep calling the service center till you get an instruction similar to the following.
This is the instruction provided
----------------------------------------------------------
Fill out I-131 Application or use the copy of your original application
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
ADDRESS ( This is a special address, This not the standard USCIS address)
On Lower Left corner of the envelope mention:
do Not open in the mail room, No fees are attached
------------------------------------------------------------------
I am still awaiting my AP after doing this. :confused:
After sending the documents as mentioned above ( NO Fee ), I got my AP document on March 6, 2009 via Fedex. ( I never sent any fedex fee :)).
When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.
I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.
Finally I called them again, this time I talked to a more knowledgeable accommodating IO.
Keep calling the service center till you get an instruction similar to the following.
This is the instruction provided
----------------------------------------------------------
Fill out I-131 Application or use the copy of your original application
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
ADDRESS ( This is a special address, This not the standard USCIS address)
On Lower Left corner of the envelope mention:
do Not open in the mail room, No fees are attached
------------------------------------------------------------------
I am still awaiting my AP after doing this. :confused:
After sending the documents as mentioned above ( NO Fee ), I got my AP document on March 6, 2009 via Fedex. ( I never sent any fedex fee :)).
more...
hemya
08-18 10:17 AM
Do check with your company/lawyer to see if it has been approved. My online status still says 'pending' even though I heard from my manager and lawyer on July 18th regarding the approval of my I-140.
Approval date was July 14th
Approval date was July 14th
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p_kumar
01-27 03:40 PM
The last time i talked to iio, she said they are processing I485s received in Apr, 2007 and they will start mine in 2 or 3 months.(mine was received on july 24th and pd is eb3 oct 2003). she said, they will process the applications even if the pd is not current but only approve if the pd is current.
more...
Jerrome
05-21 12:41 PM
I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).
We applied for her H1 in 2007 April, it got approved on September 2007.
We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.
We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.
Her H4 approved on November 2008(but i was no more in H1).
I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.
We applied for her H1 in 2007 April, it got approved on September 2007.
We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.
We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.
Her H4 approved on November 2008(but i was no more in H1).
I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.
hair Disney Pixar are currently
jediknight
03-26 01:57 AM
I voted up the Immigration questions.
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
more...
shana04
08-14 03:49 PM
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
No you don't have to wait. find new employer and file a case on your employer.
According to H1, no matter he has to pay you.
Ultimately he can recover money from vendor, but he is deniying pay to you.
other frineds have suggested so just follow them.
good luck. I know the pain. sorry for you.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
No you don't have to wait. find new employer and file a case on your employer.
According to H1, no matter he has to pay you.
Ultimately he can recover money from vendor, but he is deniying pay to you.
other frineds have suggested so just follow them.
good luck. I know the pain. sorry for you.
hot Pixar - Cars Character Sketch
logiclife
02-12 06:28 PM
Hi,
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).
Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.
So if i switch now, I will
1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
2. I get a very good attorney to file my GC
3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)
If I don't switch, my odds are that
1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
2. Can't talk to the attorney directly
So IS IT WORTH switching the employer for
1. Gettting into EB2
2. Getting a good attorney to file my LC
3. Be able to talk to attorney directly
Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?
Thanks
All employers, who refuse to share copies of 140, labor or H1 fully intend to retain employees by restricting their ability to switch jobs and retain priority dates for future GC petitions. There are not exceptions to this rule. Even if its your brother who employs you, the only reason for withholding documents is to bond you. That is the only motive to withhold copies. "Its property of employer..." excuse is BS. Yes, it is property of employer. But the xerox copies dont change the ownership.
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).
Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.
So if i switch now, I will
1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
2. I get a very good attorney to file my GC
3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)
If I don't switch, my odds are that
1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
2. Can't talk to the attorney directly
So IS IT WORTH switching the employer for
1. Gettting into EB2
2. Getting a good attorney to file my LC
3. Be able to talk to attorney directly
Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?
Thanks
All employers, who refuse to share copies of 140, labor or H1 fully intend to retain employees by restricting their ability to switch jobs and retain priority dates for future GC petitions. There are not exceptions to this rule. Even if its your brother who employs you, the only reason for withholding documents is to bond you. That is the only motive to withhold copies. "Its property of employer..." excuse is BS. Yes, it is property of employer. But the xerox copies dont change the ownership.
more...
house Disney Pixar Cars Mater
nozerd
04-16 03:02 PM
I love H TOWN
Moving here is a decision you will not regret. Its probably the best place to live in the US if you take all factors into consideration.
As far as hot and humid - dont forget everything is Air Conditioned and even in the summers early mornings are not bad (if you are the outdoors type).
If you have any questions do let me know
Moving here is a decision you will not regret. Its probably the best place to live in the US if you take all factors into consideration.
As far as hot and humid - dont forget everything is Air Conditioned and even in the summers early mornings are not bad (if you are the outdoors type).
If you have any questions do let me know
tattoo Pixar new Cars Toons short
India76
06-04 11:24 AM
Senate is planning to vote on THIS friday and I don't see any urgency or any heat(debate) on this topic. today they will strat debating at 2:30????
more...
pictures Disney Pixar Cars Later Mater!
lfadgyas
05-20 10:24 PM
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
dresses Pictures of Disney Pixar Cars
ashkam
09-25 11:12 AM
Good find - shows the plight of legal immigrants.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
They are counting the time from when the green card process is started. Doesn't matter when you entered the US.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
They are counting the time from when the green card process is started. Doesn't matter when you entered the US.
more...
makeup Pixar Cars anyone? DS-Mater
jack_suv
07-20 10:33 AM
Hi all,
As one reply pointed out,
AC21 portability means you retain the same green card application i.e. labor, i-140 and i-485 after 6 months of filing i-485 and i-140 is approved.
EAD is a way to get a job. Obviously using EAD is easier than filing H1.
So you can use AC21 by using H1 and still retain spouse's H4.
You can also use AC21 by using EAD but at that point your spouse's H4 is gone out of status.
As one reply pointed out,
AC21 portability means you retain the same green card application i.e. labor, i-140 and i-485 after 6 months of filing i-485 and i-140 is approved.
EAD is a way to get a job. Obviously using EAD is easier than filing H1.
So you can use AC21 by using H1 and still retain spouse's H4.
You can also use AC21 by using EAD but at that point your spouse's H4 is gone out of status.
girlfriend Pictures of Disney Pixar Cars
chanduv23
11-19 03:36 PM
Looks like this is the system that USCIS has been saying they are working on to identify pending cases.
Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?
Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?
hairstyles Mattel Disney Pixar CARS: Mini
gc@waiting
08-27 03:13 PM
Thanks Krishnam70, would you please send the URL?
starseed
07-20 06:10 PM
LOL! I did that already in May and the Local office IO was so incredibly RUDE and unhelpful. She told me absolutely nothing other than confusing me by saying my application was being processed on the East Coast and it would be another 3 months or so....... Bet she was just looking at the "EAC" in my receipt # to come up with "East Coast". I confirmed today it is definitely at TSC.
123456mg
02-17 02:41 PM
Oh dear, I am so sorry to hear it. I would like to ask some questions to you: Are you leaving the company on your own or getting laid-off? Cause if you are getting laid-off then you can still maintain good relations with your I-140 sponsor so no problems will occur in future. If oyu are leaving because of some employment concerns and not keeping good relations then I am afraid, you will be forced to use AC21 with H1-B transfer as the only option. Request the new employer to sponsor you for I-140 so that you will continue gettin gH1-B extensions in case your old employer withdraws the I-140 pending application.
I am not an expert and this is just my opinion.
I am not an expert and this is just my opinion.
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