smuggymba
05-11 02:11 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
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sac-r-ten
01-08 11:41 AM
deepakjain:thanks for the latest info on this.
Little clarification required, what do you mean "delivered the next day betn 4:30-5:00". You mean one can collect it the next day in the evening?
jkm2282, sorry for hajacking your post. Any updates from your side?
THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.
Deepak
Little clarification required, what do you mean "delivered the next day betn 4:30-5:00". You mean one can collect it the next day in the evening?
jkm2282, sorry for hajacking your post. Any updates from your side?
THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.
Deepak
gcnotfiledyet
02-24 04:35 PM
i have given blood probably 10-12 times.
Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
outside US to a country that still has widesspread malaria.
India and most Southeast asian coutries among such countries is one such issues.
Please dont spread incorrect information.
I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.
This country is one of the most independent and free countries on face of earth.
Texcan,
There are lot of places which will not take blood if you have not stayed here for 5years. It generally takes 5years for any antigens to get out of system. So some places have rule of thumb for 5years. Now when you are immigrant from India, it is taken for granted to question your length of stay.
There are lot of places which will accept blood from everybody for lack of donors and do their own screenings. It depends on funding/urgent need. I am sure there was no intention of denial based on immigration status/race.
Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
outside US to a country that still has widesspread malaria.
India and most Southeast asian coutries among such countries is one such issues.
Please dont spread incorrect information.
I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.
This country is one of the most independent and free countries on face of earth.
Texcan,
There are lot of places which will not take blood if you have not stayed here for 5years. It generally takes 5years for any antigens to get out of system. So some places have rule of thumb for 5years. Now when you are immigrant from India, it is taken for granted to question your length of stay.
There are lot of places which will accept blood from everybody for lack of donors and do their own screenings. It depends on funding/urgent need. I am sure there was no intention of denial based on immigration status/race.
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Sachin_Stock
09-14 06:09 AM
Nobody's a slave. Each one of us can decide for ourselves, whether to stay around, or go back. You will be getting decently paid in either case. I used to feel the same, but then there's a saying in Sanskrit "Raja Kalasya Karanam" (The king is responsible for his own destiny. This is in reference to Mahabharat's Dhritirasthra)
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mayitbesoon
11-29 01:36 PM
can someone tell me how to find LUD on the online status. Thanks.
logiclife
07-31 09:59 PM
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
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nlssubbu
07-24 06:54 PM
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
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apple
09-10 12:01 AM
Hi ,
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
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tonyHK12
01-06 12:35 PM
Good to hear there is a serious attempt being made. However, in light of what is happening with comprehensive healthcare reform, is it advisable to try comprehensive immigration reform especially with the congressional make of of the 2 chambers?
The 2010 CIR already had strict border protection clauses and it mandated a secure border first. It looks like the republicans want to split it from the 'illegals path to legalization' and concentrate on bills that have enforcement first, reading Graham's statement. He was even opposed to the moderate DREAM act.
The 2010 CIR already had strict border protection clauses and it mandated a secure border first. It looks like the republicans want to split it from the 'illegals path to legalization' and concentrate on bills that have enforcement first, reading Graham's statement. He was even opposed to the moderate DREAM act.
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number30
11-04 02:17 AM
Hello gurus,
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
Transfer Certificates , Marks card or even birth certificate from Consular offices are not accepted.
What you can do is get a non-availability letter stating that your birth record is not available from local Panchyat or Municipals authorities. Then you can submit sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant
Check the link India Reciprocity Schedule (http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3582.html)
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
Transfer Certificates , Marks card or even birth certificate from Consular offices are not accepted.
What you can do is get a non-availability letter stating that your birth record is not available from local Panchyat or Municipals authorities. Then you can submit sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant
Check the link India Reciprocity Schedule (http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3582.html)
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MDix
09-13 10:10 AM
What are the chances of piecemeal bill in this congress ( next two week)?
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roseball
04-03 12:23 AM
I opened a service request last week regarding the pending I 485 case. Today I got the following letter in mail. "We are actively processing your case. However we have to perform additional review on this case. Contact us after 6 months." . When I opened a SR last year I got the same response.
I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.
Yes, sending your case details to your senator would help. I would also take an InfoPass appointment and find out from an IO on what's actually holding up your case since your PD has been current for a while now. Good luck.
I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.
Yes, sending your case details to your senator would help. I would also take an InfoPass appointment and find out from an IO on what's actually holding up your case since your PD has been current for a while now. Good luck.
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pappu
01-05 11:24 AM
any predictions for Feb 2009 :D:D
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
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seeker_gc
06-18 12:31 PM
Thanks all of you. I'll keep you posted once my medical is done.
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grupak
03-25 11:34 AM
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
Not sure the precise definition of passive exists. I would take it to be not involved in any business decisions or day-to-day running of the business. Just putting in the money and letting the CEO and the rest make all the decisions as in buying stock is passive. I may be wrong.
Not sure the precise definition of passive exists. I would take it to be not involved in any business decisions or day-to-day running of the business. Just putting in the money and letting the CEO and the rest make all the decisions as in buying stock is passive. I may be wrong.
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Better_Days
04-07 01:20 PM
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)
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richana
01-22 05:58 PM
Apply for CP asap it takes about 6 months from the date of application to get the GC if you are current. In the meanwhile re-assess your situation and apply for the H1-B in the interim you may have a denial but the CP is still in queue and H1-B rejection has no bearing on the CP application. If and when you are alloted the number for the resident status they cannot deny your GC on any other reason but that the company was a fraud or your petition had fraudulent information. If you do not meet the conditions above then your app is in jeopardy. Hope this helps. Good Luck
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nixone
07-30 05:09 PM
Nixone;
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.
Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.
Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?
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usirit
01-28 01:33 PM
It's amazing the time and energy spent (wasted?) with Sen. Mike Delph illegal-worker bill. Would it be the same for an improved Legal Immigrants system? :rolleyes: I guess not because we are already paying taxes, but unfortunately for us we are stuck in this overkill and non-sense process. My LC (EB3) for instance is waiting to be certified by Chicago DOL since 08/06/07, it got audited in 12/05/07, DENIED on 12/21/07, appealed, and then moved back to "In Process" in 01/10/08. My wife and 3 kids are stuck with their H-4 status while I am an H1-B. Meanwhile, around $20K has been paid between immigration and legal/attorney's fees.
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
harryom
03-24 06:05 PM
:oCan anyone explain to me how to create new thread, I don't see any options.
Thanks Gurus':o
Mr. HarryOm,
I was really hoping to get my question answered thru this thread. Can you please open another thread for yours ?
Thanks,
ampudhukode
Thanks Gurus':o
Mr. HarryOm,
I was really hoping to get my question answered thru this thread. Can you please open another thread for yours ?
Thanks,
ampudhukode
enthu999
07-16 11:01 PM
Hi,
I am Canadian citizen and planning to file AOS(ofcourse if there is some news from USCIS:)) currently, I am on TN visa which is of temporary intent unlike
H1B which is dual intent.
Planning to travel to Canada in Sept'07 while I am on TN and be back in Oct'07 on H1B which will be valid from Oct-01-2007 till Sept-2010. Will there be any problem if AOS is filed before I leave to Canada.
Also, my current TN Visa is valid till Sept-30 and my H1B will be effective on my travel back from Canada, if there is any gap between Sept-30 and the date I travel back will there be any problem due this gap once the AOS is filed?
Please advice,
Thank you
I am Canadian citizen and planning to file AOS(ofcourse if there is some news from USCIS:)) currently, I am on TN visa which is of temporary intent unlike
H1B which is dual intent.
Planning to travel to Canada in Sept'07 while I am on TN and be back in Oct'07 on H1B which will be valid from Oct-01-2007 till Sept-2010. Will there be any problem if AOS is filed before I leave to Canada.
Also, my current TN Visa is valid till Sept-30 and my H1B will be effective on my travel back from Canada, if there is any gap between Sept-30 and the date I travel back will there be any problem due this gap once the AOS is filed?
Please advice,
Thank you
