haider420
03-04 01:01 AM
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(
GCSOON-Ihope
10-30 03:55 PM
Same aberration here!
My last LUD was 10/03 and was saying something like: "in response to your inquiry we mailed you bla bla bla..."
Today 10/30 I got a new LUD but the message has reversed to what it was before: "In October 18 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made." and I just got confirmation ...with 5 e-mails!!!:confused: :confused: :confused:
Anyone has any idea of what this means or is it just another "glitch" of their crazy software?
My last LUD was 10/03 and was saying something like: "in response to your inquiry we mailed you bla bla bla..."
Today 10/30 I got a new LUD but the message has reversed to what it was before: "In October 18 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made." and I just got confirmation ...with 5 e-mails!!!:confused: :confused: :confused:
Anyone has any idea of what this means or is it just another "glitch" of their crazy software?
styrum
01-23 11:47 AM
Thank you for contacting me regarding the immigration debate in the
U.S. Senate. It was good to hear from you.
As you know, in the 109th Congress, the Senate considered changes to
immigration law. These efforts would affect more than just undocumented
workers here in the United States � it would affect every American in
one way or another.
I supported the bipartisan Comprehensive Immigration Reform Act of
2006, S. 2611, when it was considered in the Senate during the 109th
Congress. This bill would have provided many new provisions for border
security and enforcement and to address legal and illegal immigration. The
legislation would have provided funding to reinforce hundreds of miles
of existing border fences and establish a �virtual fence� comprised
of cameras, sensors, automated aerial surveillance tools, and other
security measures. The bill would also have authorized funding for
additional Customs and Border Patrol agents to assist with security efforts,
and required employers to have a system to verify the required
documentation from potential workers. S. 2611 would have increased the number
of visas for high-skilled workers, including those who have earned an
advanced degree. Finally, the bill would not have allowed for amnesty,
but it would have provided a meaningful way to address the legal status
of undocumented workers who currently live in our country.
Under the Senate proposal, undocumented workers could have earned legal
status after completing all the requirements to begin to adjust their
legal status. These requirements include filing an application, payment
of all fines, fees, and back federal income taxes, and providing proof
of being physically present in the United States and being employed for
five years prior to the bill�s enactment. Undocumented workers must
then continue to show proof of employment and being present for at
least six years after the bill would have gone into effect. Individuals
must also demonstrate basic citizenship skills, pass security and law
enforcement requirements, and complete Selective Service registration
requirements.
As you may know, the comprehensive immigration bill passed the Senate
on a bipartisan vote with the support of the White House. The House of
Representatives passed another version of immigration reform that
emphasized enforcement only. Instead of meeting in conference to negotiate
differences in the respective bills, the House held a series of public
hearings around the country, and refused to meet with Senate
negotiators, and the 109th Congress ended without this issue being addressed.
I believe that we need a comprehensive approach to immigration reform.
Enforcement is important, and securing our borders is important. But
if we focus only on enforcement and border security, then we will only
have addressed part of the problem. Many of the current proposals are
unworkable and would ultimately cause more harm to our economy and our
country. Our immigration policy should also provide positive change for
the future of our country. We should make sure our actions reflect our
security, our economy, and the opportunity that America has offered for
generations of immigrants.
As we move forward to the 110th Congress, please know that I will keep
your thoughts in mind as Congress begins to work on immigration reform.
If you would like to know more about my work in the Senate, please
visit my website at http://murray.senate.gov/updates/.
Again, thank you for taking the time to share your thoughts with me.
Please keep in touch.
Sincerely,
Patty Murray
United States Senator
U.S. Senate. It was good to hear from you.
As you know, in the 109th Congress, the Senate considered changes to
immigration law. These efforts would affect more than just undocumented
workers here in the United States � it would affect every American in
one way or another.
I supported the bipartisan Comprehensive Immigration Reform Act of
2006, S. 2611, when it was considered in the Senate during the 109th
Congress. This bill would have provided many new provisions for border
security and enforcement and to address legal and illegal immigration. The
legislation would have provided funding to reinforce hundreds of miles
of existing border fences and establish a �virtual fence� comprised
of cameras, sensors, automated aerial surveillance tools, and other
security measures. The bill would also have authorized funding for
additional Customs and Border Patrol agents to assist with security efforts,
and required employers to have a system to verify the required
documentation from potential workers. S. 2611 would have increased the number
of visas for high-skilled workers, including those who have earned an
advanced degree. Finally, the bill would not have allowed for amnesty,
but it would have provided a meaningful way to address the legal status
of undocumented workers who currently live in our country.
Under the Senate proposal, undocumented workers could have earned legal
status after completing all the requirements to begin to adjust their
legal status. These requirements include filing an application, payment
of all fines, fees, and back federal income taxes, and providing proof
of being physically present in the United States and being employed for
five years prior to the bill�s enactment. Undocumented workers must
then continue to show proof of employment and being present for at
least six years after the bill would have gone into effect. Individuals
must also demonstrate basic citizenship skills, pass security and law
enforcement requirements, and complete Selective Service registration
requirements.
As you may know, the comprehensive immigration bill passed the Senate
on a bipartisan vote with the support of the White House. The House of
Representatives passed another version of immigration reform that
emphasized enforcement only. Instead of meeting in conference to negotiate
differences in the respective bills, the House held a series of public
hearings around the country, and refused to meet with Senate
negotiators, and the 109th Congress ended without this issue being addressed.
I believe that we need a comprehensive approach to immigration reform.
Enforcement is important, and securing our borders is important. But
if we focus only on enforcement and border security, then we will only
have addressed part of the problem. Many of the current proposals are
unworkable and would ultimately cause more harm to our economy and our
country. Our immigration policy should also provide positive change for
the future of our country. We should make sure our actions reflect our
security, our economy, and the opportunity that America has offered for
generations of immigrants.
As we move forward to the 110th Congress, please know that I will keep
your thoughts in mind as Congress begins to work on immigration reform.
If you would like to know more about my work in the Senate, please
visit my website at http://murray.senate.gov/updates/.
Again, thank you for taking the time to share your thoughts with me.
Please keep in touch.
Sincerely,
Patty Murray
United States Senator
raysaikat
07-13 02:36 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
more...
gc28262
03-04 09:28 AM
Are they gearing up for CIR 2009 ?
Otherwise why would they make it effective immediately ?
-- my speculation
Otherwise why would they make it effective immediately ?
-- my speculation
jotv
10-16 11:14 PM
:(hi gcpadmavyuh ,
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
thank you in advance
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
thank you in advance
more...
leo_loco
10-22 10:30 AM
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
I have a confusion. My H1 stamp on passport is expired but I have valid H1 document untill December 2008. Can I go for stamping with valid H1 document?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
I have a confusion. My H1 stamp on passport is expired but I have valid H1 document untill December 2008. Can I go for stamping with valid H1 document?
makemygc
08-01 09:27 AM
I forgot my password, and security question�s answer.
Is there a phone number on which I can call to get my password reset?
FYI - USCIS web site where you create your account is https://egov.uscis.gov/cris/jsps/index.jsp
There is a forgot password link on USCIS page. Click on that and enter your email id which you used to create your account. They will send you a link to reset your password.
Is there a phone number on which I can call to get my password reset?
FYI - USCIS web site where you create your account is https://egov.uscis.gov/cris/jsps/index.jsp
There is a forgot password link on USCIS page. Click on that and enter your email id which you used to create your account. They will send you a link to reset your password.
more...
hiralal
12-28 05:42 PM
I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Just GO ....and stay for a longer time (atleast a month !!!)...r u a doctor or a nurse ..either way you are in a profession which will always be in demand
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Just GO ....and stay for a longer time (atleast a month !!!)...r u a doctor or a nurse ..either way you are in a profession which will always be in demand
desi3933
07-13 12:28 PM
I did not generate. The employer did, but I paid the taxes due 925% + 12.5 % employer tax)
So you "paid" taxes, could you please explain how it is legal?
So you "paid" taxes, could you please explain how it is legal?
more...
intheyan
08-13 09:03 PM
Back log elimination..
I took Infopass to enquire about my name check. I even showed the print out paper that says about the 180 day rule after initiating the name check process.
My name check is initiated in OCT 2007 still pending stuck in name check. My pd is current my processing days rule is applicable. My RD is July 2 nd 2007 at Texas.
The office was repeatedly saying that FBI has given them FEB 2009 as time limit on clearing the Name check. The officer doesn't care about the Aytes 180 day rule.
The officer told they are sticking with the FBI Time Frame and not with the 180 day rule b'cause they need to follow the FIFO for the already pending cases on Name check for years ... say for 3 yrs.
I took Infopass to enquire about my name check. I even showed the print out paper that says about the 180 day rule after initiating the name check process.
My name check is initiated in OCT 2007 still pending stuck in name check. My pd is current my processing days rule is applicable. My RD is July 2 nd 2007 at Texas.
The office was repeatedly saying that FBI has given them FEB 2009 as time limit on clearing the Name check. The officer doesn't care about the Aytes 180 day rule.
The officer told they are sticking with the FBI Time Frame and not with the 180 day rule b'cause they need to follow the FIFO for the already pending cases on Name check for years ... say for 3 yrs.
Suva
11-12 04:17 PM
Don't give any suggestion on which you don't have any clear knowledge.
"LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.
The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.
When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.
"LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.
The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.
When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.
more...
lazycis
01-04 01:06 PM
Here is what I usually submit:
1. A formal invtation letter addressed to American consulate.
2. I-485 receipts for me and my spouse.
3. Latest paycheck.
4. An employment letter from my company.
It never failed so far (3 different parents visiting 6 or 7 times), but again, it's just my personal experience.
1. A formal invtation letter addressed to American consulate.
2. I-485 receipts for me and my spouse.
3. Latest paycheck.
4. An employment letter from my company.
It never failed so far (3 different parents visiting 6 or 7 times), but again, it's just my personal experience.
AZ_GC
08-28 04:45 PM
Hello fellow IV members,
I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?
Thanks for your help.
This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21
I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?
Thanks for your help.
This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21
more...
kumar1
07-13 03:02 PM
Can I open up a company while on H-1B? Can that company sponsor it's CEO's (that's me) GC in EB-1 category? After all, CEO should be EB-1. Can I then get some peons/servants from cheap countries on B1/B2 and pay them just per diem? Can I hire them first at my father's place in India and let them work at my father's place for 1 year and get them here on L1? Should I get them on L1-A or L1-B? My mom spends a lot of time in temples back home...can I bring her on Religious Worker VISA?
BITZBYTZ...........can you think stright for a moment?
BITZBYTZ...........can you think stright for a moment?
JunRN
12-17 06:22 PM
No, it's not but you will get in trouble if you don't.
more...
visshy
09-15 12:52 PM
so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?
exactly what i was wondering...coz HR will ask for some legal documentation to back up the story of being able to go on unpaid leave, but having to be off payroll and then the I9...what happens to insurance then?
her company is a US based company not desi consultant
exactly what i was wondering...coz HR will ask for some legal documentation to back up the story of being able to go on unpaid leave, but having to be off payroll and then the I9...what happens to insurance then?
her company is a US based company not desi consultant
kumar1
07-13 03:08 PM
Good.
maristella61
04-19 04:04 PM
My PD is now current and i will be filing in May !
My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
Thanks in advance and good luck to all who are still waiting.
:confused:
My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
Thanks in advance and good luck to all who are still waiting.
:confused:
shsk
07-17 08:01 PM
So, are we again planning to send flowers or thank you card to Emilio
dpp
10-12 12:19 PM
Live in Carmel. Have been locked in this process for almost nine years.
Is there an active state group?
If so please send me a PM.
I am from Fishers. Let me know if state chapter starts.
Is there an active state group?
If so please send me a PM.
I am from Fishers. Let me know if state chapter starts.