krishna_brc
08-04 01:54 PM
She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?
I think it is safer to come back on old AP.
I think it is safer to come back on old AP.
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krishnam70
03-13 05:23 PM
but i asked this question to find the legality of this issue before reporting someone to the USCIS that i know is doing this.I just used I instead of someone in my thread to start the discussion.
Who do i complain to in this case?
Vow quite a turnaround. First you say its you who want to do it and when you get the heat you claim otherwise.
Either way this is pure 'FRAUD' . If you are the person who is doing it USCIS will have ways to track it and it will come back during your Naturalization or at any time when u enter the country. If you are just trying to report this to authorities you can do so at your state DOL or write a letter to USCIS with details if you have it.
- cheers
kris
Who do i complain to in this case?
Vow quite a turnaround. First you say its you who want to do it and when you get the heat you claim otherwise.
Either way this is pure 'FRAUD' . If you are the person who is doing it USCIS will have ways to track it and it will come back during your Naturalization or at any time when u enter the country. If you are just trying to report this to authorities you can do so at your state DOL or write a letter to USCIS with details if you have it.
- cheers
kris
rockstart
05-19 03:40 PM
Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.
If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
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excogitator
11-23 03:34 AM
All the Best Everyone!!! :)
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vxg
10-19 05:38 PM
For new investors starting with index funds, mutual funds is best. You can see good value in banking area funds like KBE,XLF or when NASDAQ plunges buy qqqq.
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
kumarc123
11-06 03:34 PM
with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
Hi there,
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
Hi there,
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
more...
GCwaitforever
12-14 05:08 PM
1. You can write to USCIS to extend your OPT period.
If your home country has a problem - like Famine, Earth Quake, Tsunami, Military Coup or another civil unrest, you can claim hardship in returning to your home country and ask for extension on that basis. God forbid, let us pray nothing like that should happen in your home country just for the sake of your OPT extension.
I do not know the validity of your status during your request for extension. Will the EAD be considered extended automatically till USCIS answers your request? Check with your student advisor as some students might have done this before.
2. Ask your company to put you under training (H-3 Visa). This has come up quite a few times in this forum.
If your home country has a problem - like Famine, Earth Quake, Tsunami, Military Coup or another civil unrest, you can claim hardship in returning to your home country and ask for extension on that basis. God forbid, let us pray nothing like that should happen in your home country just for the sake of your OPT extension.
I do not know the validity of your status during your request for extension. Will the EAD be considered extended automatically till USCIS answers your request? Check with your student advisor as some students might have done this before.
2. Ask your company to put you under training (H-3 Visa). This has come up quite a few times in this forum.
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pappu
06-11 12:00 PM
hello reno john,
The thread was not deleted but shifted and clubbed with others on the same subject.
http://immigrationvoice.org/forum/showthread.php?t=4890&page=7
If each member starts a new thread on the same subject it gets confusing. And we have stated it several times in the past urging members not to start new threads, just to ask questions to the core. Imagine what will happen if each member starts a new thread with questions to Core. If you have specific questions for us, send us an email or PM. If you want to discuss something, then post in the relavent discussion threads. We are trying our best to manage all the threads and information so that it is easy for our members. Thanks
The thread was not deleted but shifted and clubbed with others on the same subject.
http://immigrationvoice.org/forum/showthread.php?t=4890&page=7
If each member starts a new thread on the same subject it gets confusing. And we have stated it several times in the past urging members not to start new threads, just to ask questions to the core. Imagine what will happen if each member starts a new thread with questions to Core. If you have specific questions for us, send us an email or PM. If you want to discuss something, then post in the relavent discussion threads. We are trying our best to manage all the threads and information so that it is easy for our members. Thanks
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GCBy3000
04-15 07:35 PM
I agree as long as you have filed your 485 and 180 days is passed. But in my case, I have not even crossed the labor stage. It was pending with BEC when my company asked me to move. I tried a lot to convince my attorney thinking that I might miss the boat of 485 if at all it becomes current, but it did not help.
THe LPR clearly states that it will become void if any of the below changes.
1. Job description
2. Location
3. Something else, I dont remeber.
The above will not come into effect, if you had crossed 180 days of 485.
Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.
I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.
AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
THe LPR clearly states that it will become void if any of the below changes.
1. Job description
2. Location
3. Something else, I dont remeber.
The above will not come into effect, if you had crossed 180 days of 485.
Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.
I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.
AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
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Desertfox
11-09 05:33 PM
Is it possible to change this thread title to "Indian doctors win legal battle in UK"??
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GC_1000Watt
01-03 02:05 AM
1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
And please guide me on things to keep in mind while going for stamping.
Thanks.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
And please guide me on things to keep in mind while going for stamping.
Thanks.
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seeking_GC
07-12 02:25 AM
Any idea on when the lawsuit actually gets to court?
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hopefulgc
07-13 11:49 AM
in suits .. we might look like a funeral protest rally.
dress formals.. but leave out the suit.
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Maverick_2008
02-23 09:10 PM
- My 485 is filed more than 6 months ago
- My is 140 not approved yet
- I get laid off
- My employer doesn't revoke my 140
- I'm already in the 8th year of my H
So, I can go find another employer since I have my EAD and my 485 is filed for more than 180 days. Now, if my 140 is approved, no problem. If, however, my 140 gets an RFE or if my 140 is not too strong, I can find out alternatives including (but not limited to :-)) finding a decent job in my home country while I still have a job here in the US.
Is it logical or should I go take a nap? :p
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
- My is 140 not approved yet
- I get laid off
- My employer doesn't revoke my 140
- I'm already in the 8th year of my H
So, I can go find another employer since I have my EAD and my 485 is filed for more than 180 days. Now, if my 140 is approved, no problem. If, however, my 140 gets an RFE or if my 140 is not too strong, I can find out alternatives including (but not limited to :-)) finding a decent job in my home country while I still have a job here in the US.
Is it logical or should I go take a nap? :p
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
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immi_seeker
07-14 01:19 PM
Hopefully so..Thanks
You have PD as Nov 2005, EB2.
Now the VB is on 2006.
They must have known atleast a month back.
They issued just 3 months extension
All matching perfectly and result will be good one for you....
You have PD as Nov 2005, EB2.
Now the VB is on 2006.
They must have known atleast a month back.
They issued just 3 months extension
All matching perfectly and result will be good one for you....
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s_r_e_e
08-13 02:40 PM
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anilsal
08-05 08:04 PM
get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.
Good thing is that people will get interim benefits like EAD/AP.
Good thing is that people will get interim benefits like EAD/AP.
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bfadlia
11-30 10:48 AM
you may try to send them other evidence of your language skills, presence, study, or work in the US, a letter of explanation, .. but there is no guarantee they'll accept this, especially if you gave yourself maximum points in the language skills. I know people who got their phd's in the US and they were still adked to do IELTS.
But once they already asked you to take the test, you have to do it, they would suspect fraud if you don't
I took the test, it's no big deal, not much preparation needed for people like us using English everyday at work.
But once they already asked you to take the test, you have to do it, they would suspect fraud if you don't
I took the test, it's no big deal, not much preparation needed for people like us using English everyday at work.
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jungalee43
06-30 07:39 AM
Thanks neverbefore.
Buddy, it does seem you are being pre-adjudicated, as the other guys are saying. We had an interview last December for exactly this purpose and the reason was two consecutive failures of clear biometrics on our part. It was for the better though because now our case is just waiting for a visa number unless something changes rather drastically. However, we did not encounter the term "initial interview".
Do indeed take all your documents. I am pasting here the list of docs our attorney asked us to take. These are rough notes I took over the phone so you might find some incoherence. Some of these docs were significant to our case and may not be applicable for you. I would always prefer to go for an overkill in immigration matters, so if anything seems remotely significant, take it along. If you like, you may want to read the account (http://immigrationvoice.org/forum/all-other-green-card-issues/21138-my-aos-interview-experience-5.html#post304806) I posted here at IV immediately after our interview. I remember a lot of people advising me to take my attorney along. I didn't because they were asking for a lot of money. You might want to take a call on that.
And just chillax! You have done everything right, so why should anything adverse happen.
What will happen: Oath->Demand for driver's license->Demand for passport
Medical does not expire once filed
Officer will review the file along with us
We need to post a sticky note on file saying we are a family of 3 so we are seen together
Docs:
Appointment notice demands
Paystubs
Employment verification letter from employers
Mortgage papers
Education transcripts and degree
Tax returns
Marriage certificate
Birth certificates
Will be asked to get a police clearance certificate after the interview, so take it beforehand from the cities you have lived in previously
They might give us an I-792, send a copy to attorney. Always get the officer's name!
A copy of July 2007 visa bulletin
Arrival/departure record to/from US
Pictures (passport) and marriage and family
Driver's licenses
H4 and H1B Notices of Action
Buddy, it does seem you are being pre-adjudicated, as the other guys are saying. We had an interview last December for exactly this purpose and the reason was two consecutive failures of clear biometrics on our part. It was for the better though because now our case is just waiting for a visa number unless something changes rather drastically. However, we did not encounter the term "initial interview".
Do indeed take all your documents. I am pasting here the list of docs our attorney asked us to take. These are rough notes I took over the phone so you might find some incoherence. Some of these docs were significant to our case and may not be applicable for you. I would always prefer to go for an overkill in immigration matters, so if anything seems remotely significant, take it along. If you like, you may want to read the account (http://immigrationvoice.org/forum/all-other-green-card-issues/21138-my-aos-interview-experience-5.html#post304806) I posted here at IV immediately after our interview. I remember a lot of people advising me to take my attorney along. I didn't because they were asking for a lot of money. You might want to take a call on that.
And just chillax! You have done everything right, so why should anything adverse happen.
What will happen: Oath->Demand for driver's license->Demand for passport
Medical does not expire once filed
Officer will review the file along with us
We need to post a sticky note on file saying we are a family of 3 so we are seen together
Docs:
Appointment notice demands
Paystubs
Employment verification letter from employers
Mortgage papers
Education transcripts and degree
Tax returns
Marriage certificate
Birth certificates
Will be asked to get a police clearance certificate after the interview, so take it beforehand from the cities you have lived in previously
They might give us an I-792, send a copy to attorney. Always get the officer's name!
A copy of July 2007 visa bulletin
Arrival/departure record to/from US
Pictures (passport) and marriage and family
Driver's licenses
H4 and H1B Notices of Action
GCchakravyuh
07-13 11:43 AM
Dressing up professional makes utmost sense. Afterall they are dealing with 'professional legal immigrants' , not the illegal ones.
So guys , gals... make sure please NO JEANS. if you have summer wear suit fine, otherwise please do wear offical dress code- ofcourse summerwear.
So guys , gals... make sure please NO JEANS. if you have summer wear suit fine, otherwise please do wear offical dress code- ofcourse summerwear.
joydiptac
08-06 11:58 PM
Article is excellent. Thanks for sharing.
A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.
If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.
A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.
If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.
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