Satya123
03-16 05:26 PM
Hi,
My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?
My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?
glamzon
07-27 11:16 AM
Thanks
rb_248
04-01 12:05 PM
Congrats to GreenGuru. and thanks for sharing all the information.
IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.
cheers/
Yes. I agree. There should be a category for I485 approved date. But, I could have also inserted that in my signature.
IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.
cheers/
Yes. I agree. There should be a category for I485 approved date. But, I could have also inserted that in my signature.
kalwinhobbess
08-28 06:16 PM
Its writern in the RFE. I got an RFE and in that letter its clearly mentioned by when you need to submit the required docs.
more...
willigetgc?
07-28 07:47 AM
India is still in my heart and love everything about her. For me the people hold the charm and since I have lost them, it is hard to consider going back... When I first came almost 15 years ago, I didn't want to stay here but now I 'can't' go back.. One of life's twisted ironies.
That's my story.
Good Luck to all those who decided to go back and good luck to those who decided to stay back.
That's my story.
Good Luck to all those who decided to go back and good luck to those who decided to stay back.
admin
05-21 10:46 PM
eb3india,
Have you done any kind of research into the two questions that you have raised namely the 245(i) problem and the nurse categories. Please do it and you will find how they came into picture.
A sincere request to all our members. Before demanding a response from the core group, we hope you do more research on your flash thoughts. All the core group members have a full time job and are doing this in our free time apart from work and family. Given that it is crunch time in the Senate, we really don't have the time now to respond to all queries.
Have you done any kind of research into the two questions that you have raised namely the 245(i) problem and the nurse categories. Please do it and you will find how they came into picture.
A sincere request to all our members. Before demanding a response from the core group, we hope you do more research on your flash thoughts. All the core group members have a full time job and are doing this in our free time apart from work and family. Given that it is crunch time in the Senate, we really don't have the time now to respond to all queries.
more...
EdGMan
09-21 03:50 PM
If I were you, I'll follow it closely. Don't rely on your employer and lawyer. I have a friend in Atlanta whose case was closed accidentally. He waited for a year to follow-up with his employer and lawyer only to find out that BEC closed the case because they claim that they never received any response for the 45-day letter. His H1 was also getting close to teh 6 yr. limit.
Good luck.
Good luck.
gbof
04-08 03:00 PM
Couple of related questions.
1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?
2. Where to file, the Service center or Lock Box facility ?
1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..
2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.
Make your own choice, good luck.
1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?
2. Where to file, the Service center or Lock Box facility ?
1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..
2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.
Make your own choice, good luck.
more...
bharat2008
10-19 11:20 PM
Hi ,
Ask your future employer to apply new H1B with consular processing(no change of status).
Wait till you get the H1B approval ,book an appointment at US consulate(preferably home country)and get stamping.As everyone mentioned you cannot work till you get I-797 and get stamping.
Ask your future employer to apply new H1B with consular processing(no change of status).
Wait till you get the H1B approval ,book an appointment at US consulate(preferably home country)and get stamping.As everyone mentioned you cannot work till you get I-797 and get stamping.
singhsa3
07-11 10:34 PM
Hi Guys,
Based on some recommendations, I have put together the enclosed pamplet.
I am NOT suggesting that this is the pamplet we should use but it could be a starting point. We need to generate more ideas like this to keep momentum going.
http://www.geocities.com/singhsa3/Ghandhigiri.doc
Take a look at it and make suggestions
Based on some recommendations, I have put together the enclosed pamplet.
I am NOT suggesting that this is the pamplet we should use but it could be a starting point. We need to generate more ideas like this to keep momentum going.
http://www.geocities.com/singhsa3/Ghandhigiri.doc
Take a look at it and make suggestions
more...
bluez25
08-26 02:57 PM
Category EB2
LC PD: FEB-2006
LC AD: Mar-2006
I-140 FD: 23-May-2006
I-140 RD/ND: 25-May-2006
I-140 LUD: 29-July-2006
I-140 RFE : 15 November 2006
I-140 Responded: 14 December 2006
I-140 AD: 11 Jan 2007
DS 230 Received in April 2007
DS 230 Submitted to NVC in May 2007
NVC forwarded the case to Chennai on June 5th 2007
chennai appointment August 11th
POE August 20th
Completed and waiting for the GC card to be mailed.
LC PD: FEB-2006
LC AD: Mar-2006
I-140 FD: 23-May-2006
I-140 RD/ND: 25-May-2006
I-140 LUD: 29-July-2006
I-140 RFE : 15 November 2006
I-140 Responded: 14 December 2006
I-140 AD: 11 Jan 2007
DS 230 Received in April 2007
DS 230 Submitted to NVC in May 2007
NVC forwarded the case to Chennai on June 5th 2007
chennai appointment August 11th
POE August 20th
Completed and waiting for the GC card to be mailed.
kumar1
03-03 12:19 PM
Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
more...
django.stone
01-25 07:49 PM
Last week, Congressman Jason Chaffetz (R-Utah) introduced the Bipartisan Reform of Immigration through Good Enforcement Resolution in the lower house of Congress. According to Congressman Chaffetz, the resolution does three things: � make E-Verify mandatory for all employers, and hold employees accountable as well; � provide sufficient border infrastructure and manpower to secure and control our borders; and, � reject amnesty and any legal status which pardons those here in violation of our laws. At first I thought this was the usual anti-immigrant measure we expect to see from the folks in the Immigration Reform Caucus. But an interview with...
More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)
With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(
More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)
With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(
eb3_nepa
07-09 02:05 PM
Try complaining to the local Bar association. Thats the advice someone gave me. Also try the Better Business Bureau.
more...
bigboy007
09-29 09:12 AM
We have taken indian jewellary with us when we travelled to India. I dont think it is a problem and you dont have to declare it in customs. I think if you are carrying cold in the form on coins or bars, you will have to pay customs. I dont remember but it says in the customs form that personal jewellary need not be mentioned. I would check the india's customs website.
Customs duty for any jewelry if not wearing as in custom rules. but i have noticed duty for coins and jewelry being actively pursued.
Customs duty for any jewelry if not wearing as in custom rules. but i have noticed duty for coins and jewelry being actively pursued.
shree772000
08-13 10:53 AM
Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.
My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.
more...
Munna Bhai
01-09 01:44 PM
NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.
any more inputs??
any more inputs??
shishya
09-02 03:34 PM
Thanks for the confirmation that this is better confirmed and cleared out rather than face unnecessary delays. I have called them and re-requested an update of my address on phone -- NEED to wait another 45 days to receive a letter from USCIS, if not, apparently only then can I get an Infopass appointment. Lets see.
My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!
My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!
eb3_nepa
07-09 02:05 PM
Try complaining to the local Bar association. Thats the advice someone gave me. Also try the Better Business Bureau.
abhijitp
01-19 03:47 PM
NORCAL,
We have a game plan to give the letters campaign a major boost... now all you guys have to do is show up tomorrow!
THANKS!
We have a game plan to give the letters campaign a major boost... now all you guys have to do is show up tomorrow!
THANKS!
schandra
11-25 09:10 AM
Febperm, I just did a search in google "USCIS Appeal bachelor" and I got those decisions based on bachelor degree concern.
I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).
I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).
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