geniousatwork
09-22 08:56 PM
Tsc
which service center tsc or nsc????
which service center tsc or nsc????
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gc2
02-19 11:22 AM
Green Card Through Marriage To U.S. Citizen (http://srwlawyers.com/ImmigrationOptions/GreenCard/GreenCardThroughMarriageToUSCitizen/tabid/173/Default.aspx)
lostinbeta
10-20 02:19 AM
I need to get me that painter program :P
If it is as expensive as Photoshop I don't think I will be getting it anytime soon though. Too many other things I am saving up for.
And Edwin is the only expert here :)
If it is as expensive as Photoshop I don't think I will be getting it anytime soon though. Too many other things I am saving up for.
And Edwin is the only expert here :)
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javadeveloper
07-20 04:16 PM
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
more...
lecter
January 6th, 2005, 09:40 AM
Here's the thrid in my "tryptich"
http://www.dphoto.us/forumphotos/data/500/15HL2C9752-old_lady_pole-III-med.jpg
waddaya think?
http://www.dphoto.us/forumphotos/data/500/15HL2C9752-old_lady_pole-III-med.jpg
waddaya think?
GC4US
07-18 04:47 PM
Could somebody explain to me, please, how is it working with the receipt date?
I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......
.....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?
OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?
Could someone please clarify this as depending on this I have to change the schedule of my plane flight.
I would really appreciate this.
Thank you in advance!
I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......
.....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?
OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?
Could someone please clarify this as depending on this I have to change the schedule of my plane flight.
I would really appreciate this.
Thank you in advance!
more...
Munna Bhai
12-14 09:43 AM
I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
Please update us once you receive RFE, I will update the items.
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
Please update us once you receive RFE, I will update the items.
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bugmenot
03-29 02:06 PM
does IV have any new updates on the OPT extension? as far as i know the request has been on to DHS from nov but nothings been done about it?
more...
eb3_nepa
11-06 04:49 PM
It doesnt matter whether the clients of the employer are for-profit or not (obviously). The only thing relevant is whether or not the organization for which your wife will work is classified as not-for-profit.
What if the organization qualifies as a "medical" related organization. Dealing Solely with hospitals etc?
What if the organization qualifies as a "medical" related organization. Dealing Solely with hospitals etc?
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insbaby
07-17 11:01 AM
I recieved reply from consulate stating that I need to get PCC from US consulate as I have not being living in India for a long time therefore there is no use of getting PCC from local police station. Now anybody let me know if I fly to SFO they would give my PCC with in a day or would take time ??/
If you are holdng a Passport issued by other than SF Consulate:
* If applying at the counter in-person, 30 business days or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier
*If applying by mail, 30 business days, excluding time taken in mail, or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier.
As it takes around 30 business days to issue PCC, you must submit photocopy of passport at the time of applying. As soon as the clearance is received from the Passport Issuing Authority concerned, you will be called (provided you have mentioned your telephone number in the application) to submit your original passport for stamping of PCC.
If you are holdng a Passport issued by SF Consulate:
Applying in person: Same day or latest by the next working day
Applying by mail: 10 (ten) business days excluding the time taken in mail
http://cgisf.org/misc/miscservices.html
If you are holdng a Passport issued by other than SF Consulate:
* If applying at the counter in-person, 30 business days or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier
*If applying by mail, 30 business days, excluding time taken in mail, or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier.
As it takes around 30 business days to issue PCC, you must submit photocopy of passport at the time of applying. As soon as the clearance is received from the Passport Issuing Authority concerned, you will be called (provided you have mentioned your telephone number in the application) to submit your original passport for stamping of PCC.
If you are holdng a Passport issued by SF Consulate:
Applying in person: Same day or latest by the next working day
Applying by mail: 10 (ten) business days excluding the time taken in mail
http://cgisf.org/misc/miscservices.html
more...
coolngood4u80
04-15 10:50 AM
Hi All,
There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days�
I can get four people for the call who are in the same boat
There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days�
I can get four people for the call who are in the same boat
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WeShallOvercome
07-27 02:13 PM
Thanks.
I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
But my attorney said its no use to beat the system and I should wait till october.
I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.
Every day matters as the counter is 180 days. It is like a time bomb clock.
I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.
When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)
I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
But my attorney said its no use to beat the system and I should wait till october.
I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.
Every day matters as the counter is 180 days. It is like a time bomb clock.
I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.
When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)
more...
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sathyaraj
12-17 03:57 PM
Identify what is the job code in your LC and try to compare the new job duties in the similar category. If you happen to fall within the same group then you are fine. like within 15.****
http://online.onetcenter.org/link/summary/15-1051.00
Try to identify the job code of ur new job, then you will be able to compare.
Hire an attorney before taking any major descisions.
http://online.onetcenter.org/link/summary/15-1051.00
Try to identify the job code of ur new job, then you will be able to compare.
Hire an attorney before taking any major descisions.
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solaris27
08-15 08:58 AM
Q. How soon can I leave my petitioning employer once I get my green card approval?
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
more...
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immi2006
08-21 05:49 PM
1. To be fair to all, Ask all h1b's to gain 2 - 3 years of US experience, before filing for GC. (2 years of Paystub at the minumum and or tax returns).
If there are pending apps already, at LC or 140 stage, push it on a 2 or 3 year stack and then get the h1b who has applied the GC a preference to start the process. This will ensure the oldest apps gets its merit of preference. Do it across all categories (Eb1, Eb2 , Eb3 )
This is not too much to ask, also senators and companies - business cannot feel bitter.
This will make the system slow down on the new applications, it will not jam the existing Que.
(2) Second Possibility, ask all the new h1 B's who have contributed by way of taxes to US system of an amount of 80,000 USD or higher to be eligible, that way only the cream of strata is not eliminated. For instance if someone earns 125000 then he can submit his app after a year. This will demonstrate the guy is smart and needed here, since companies will not pay 125K for a guy who is not worth.
(3) H1Bs should apply for GC from their home country and processing is to be based in their home country for the first 2 stages. (This will reduce DOL to focus on the 485 strictly, so it will reduce work load)
Edit/Delete Message
If there are pending apps already, at LC or 140 stage, push it on a 2 or 3 year stack and then get the h1b who has applied the GC a preference to start the process. This will ensure the oldest apps gets its merit of preference. Do it across all categories (Eb1, Eb2 , Eb3 )
This is not too much to ask, also senators and companies - business cannot feel bitter.
This will make the system slow down on the new applications, it will not jam the existing Que.
(2) Second Possibility, ask all the new h1 B's who have contributed by way of taxes to US system of an amount of 80,000 USD or higher to be eligible, that way only the cream of strata is not eliminated. For instance if someone earns 125000 then he can submit his app after a year. This will demonstrate the guy is smart and needed here, since companies will not pay 125K for a guy who is not worth.
(3) H1Bs should apply for GC from their home country and processing is to be based in their home country for the first 2 stages. (This will reduce DOL to focus on the 485 strictly, so it will reduce work load)
Edit/Delete Message
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desi3933
06-25 10:41 AM
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
.....
http://immigrationvoice.org/forum/725808-post105.html
.
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
.....
http://immigrationvoice.org/forum/725808-post105.html
.
more...
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wandmaker
04-04 11:47 AM
The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.
Violation of visa terms. One can not predict the success rate of h4 stamping, it is upto the consular officer. Getting a H4 just gives you an option to make a lawfull entry and live in the US, does not eliminate the risk of 485 denial because one should have maintained the proper status until the filing of 485.
I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.
Violation of visa terms. One can not predict the success rate of h4 stamping, it is upto the consular officer. Getting a H4 just gives you an option to make a lawfull entry and live in the US, does not eliminate the risk of 485 denial because one should have maintained the proper status until the filing of 485.
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dask
04-20 07:55 PM
Just got my passport renewed at SF.
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Hi All,
I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
Thanks
EB3-I
PD Jan 2002
I-140 cleared in 2006
I-485 received date Aug27 2007
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Hi All,
I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
Thanks
EB3-I
PD Jan 2002
I-140 cleared in 2006
I-485 received date Aug27 2007
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rangaswamy
10-25 04:30 PM
Mine still says pending even though i received it 2 weeks ago....
but my spouses status was spot on through the process..
but my spouses status was spot on through the process..
gc_chahiye
08-06 04:23 PM
Interesting analysis.
I found an additional prediction on this link http://www.murthy.com/news/n_oct07vb.html
The OP here has found a pattern that builds on that same prediction, and should extend into 2008. If that pattern holds its 6 month jumps initially, then stagnation later by 2nd quarter. Lets see if it does.
Of course if 10K people do show up at the DC rally, then none of this might be needed. If enough senators can be convinced that what we are facing is really a big problem and easily fixable (atleast recapture of 200K visas and exemption of dependents if not a bump up in annual limits) then the dates will be C C all through 2008.
All the east-coasters who saw the effect of the San Jose rally: its your turn now to up the ante and go one step ahead. The results of not showing up for that rally is literally a guarantee that only a tiny percentage of us will get I-485 approvals for the next two years!!! and things might improve even with a new president ONLY if we rally then! think about that!! not doing anything is a guarantee of long long waits...
San Jose rally allowed everyone to file I-485 the DC rally could help everyone get timely approvals!!
I found an additional prediction on this link http://www.murthy.com/news/n_oct07vb.html
The OP here has found a pattern that builds on that same prediction, and should extend into 2008. If that pattern holds its 6 month jumps initially, then stagnation later by 2nd quarter. Lets see if it does.
Of course if 10K people do show up at the DC rally, then none of this might be needed. If enough senators can be convinced that what we are facing is really a big problem and easily fixable (atleast recapture of 200K visas and exemption of dependents if not a bump up in annual limits) then the dates will be C C all through 2008.
All the east-coasters who saw the effect of the San Jose rally: its your turn now to up the ante and go one step ahead. The results of not showing up for that rally is literally a guarantee that only a tiny percentage of us will get I-485 approvals for the next two years!!! and things might improve even with a new president ONLY if we rally then! think about that!! not doing anything is a guarantee of long long waits...
San Jose rally allowed everyone to file I-485 the DC rally could help everyone get timely approvals!!
ksairi
08-16 01:56 PM
My friend 485 has been filed on 12th - to nebraska service center, but he mistakenly sent his ead & ap on 15th to Texus Service Center in Dullas.(Did not receive the receipt notice for 485)
Please let me know his options!
1) Do they reject his applications in TSC?.
2) If he file another set in Nebraska Service Center is ok?
?
Please let me know his options!
1) Do they reject his applications in TSC?.
2) If he file another set in Nebraska Service Center is ok?
?
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