jonty_11
07-05 04:25 PM
stop jumping the line....
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chanduv23
12-05 08:23 AM
Overall, what I feel is, anyone can screw up. There is no gaurantee on immigration lawyers. Immigration law is very complicated, every decision is made on a case to case basis, and there are no proper defined protocols, most immigration laws when implemented, these lawyers deal with them on trial and error basis, so when INS changes their ways, these lawyers seem to have screwed up, but then these lawyers adapt to the change, unfortunately the immigrant suffers. Thats how this system is.
do not name lawyers in your posts- admin
do not name lawyers in your posts- admin
go_guy123
03-12 03:57 PM
80-90% of H1B visa holders are on contract positions only and that was the sole purpose. Are you trying to say that all these H1B visa holders should take up permanent positions with the clients. One can do this also, no big deal but then who is going to cover the risk of layOff which can happen anytime with these permanent positions.
At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.
Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.
The H1B rules said that the job should not be temporary or seasonal in nature. It has been flouted over the years and only recently USCIS started crackdown on this clause.
Over the years American companies pretty much used H1B exclusive through a third party so that that they don't appear under the DOL H1B sponsoring company lists.
USCIS is pretty much going back to the original clauses/intent of H1B that were laid out in 1990.
At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.
Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.
The H1B rules said that the job should not be temporary or seasonal in nature. It has been flouted over the years and only recently USCIS started crackdown on this clause.
Over the years American companies pretty much used H1B exclusive through a third party so that that they don't appear under the DOL H1B sponsoring company lists.
USCIS is pretty much going back to the original clauses/intent of H1B that were laid out in 1990.
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uma001
11-04 04:44 PM
The title of the thread is misleading. Please change it.
Amul
How to change the title?
Amul
How to change the title?
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rkg000
05-13 09:10 PM
This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.
When your dates become current, you can apply your spouse's 485. I am not 100% sure but you will even have a chance to apply your spouse's 485 within a month if your GC were to be approved on the very first day of dates becoming current. You can check about this with your attorney.
Usually there could be about a month's delay between your GCs.
When your dates become current, you can apply your spouse's 485. I am not 100% sure but you will even have a chance to apply your spouse's 485 within a month if your GC were to be approved on the very first day of dates becoming current. You can check about this with your attorney.
Usually there could be about a month's delay between your GCs.
chantu
09-19 11:18 AM
Thanks for the responses guys!
I can see cheaper tickets on orbitz than many travelling agents in my city in India. I will go ahead and book the tickets through orbitz. I will also look into the suggestion of Rajesh before booking from orbitz.
I can see cheaper tickets on orbitz than many travelling agents in my city in India. I will go ahead and book the tickets through orbitz. I will also look into the suggestion of Rajesh before booking from orbitz.
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mhathi
01-09 01:46 PM
it is not advisable to leave US while your extension is being processed. I would suggest waiting for it to get approved and then schedulingan appointment (in India) or in canada before leaving for india and get the new visa stamped.
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vejella
01-22 06:24 PM
You guys are doing a commendable effort...Keep It up ...
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devan
11-04 01:43 AM
Hello gurus,
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
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dealsnet
04-02 04:02 PM
You will not get another 6 months, if you go anywhere in North America.
You need to go Europe or Asia.
Extension is no longer allowed. It was allowed 2 years back.
Only way is to go out to India, or apply extension with USCIS.
So Let me get this clear in my head..
If the I-94 is valid for 6 months and then if you need to extend the stay of your parents
option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?
option 2: Go out of the US (Mexico, West Indies) and return in 1 month?
option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?
option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.
Thanks
You need to go Europe or Asia.
Extension is no longer allowed. It was allowed 2 years back.
Only way is to go out to India, or apply extension with USCIS.
So Let me get this clear in my head..
If the I-94 is valid for 6 months and then if you need to extend the stay of your parents
option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?
option 2: Go out of the US (Mexico, West Indies) and return in 1 month?
option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?
option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.
Thanks
more...
panacea
08-09 07:57 PM
anybody? I'm also in similar kind of situation.
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kprgroup
11-25 11:28 AM
so r u on EAD or H1B? wondering if you were able to continue working on EAD.
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
My 485 got denied Oct14th as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I (Lawyer) filed MTR on NOV 6th. Got mtr granted yesterday.PM me if you need more details
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
My 485 got denied Oct14th as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I (Lawyer) filed MTR on NOV 6th. Got mtr granted yesterday.PM me if you need more details
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rbalaji5
11-05 12:46 PM
Hi GKBest
Any updates on infopass?. Let us know. Thanks.
Any updates on infopass?. Let us know. Thanks.
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Macaca
02-23 01:17 PM
In addition to contributions, we need to work very VIGOROUSLY on timing the following with the appearance of our Bill on the Hill.
2. Grass root lobbying of our local legislators.
3. Media publication of our issues.
Please focus on these three issues only. Put them on your fridge, car, bathroom mirror, forehead, etc. Whatever works for you.
The remaining activities are of ABSOLUTELY no use for our cause.
2. Grass root lobbying of our local legislators.
3. Media publication of our issues.
Please focus on these three issues only. Put them on your fridge, car, bathroom mirror, forehead, etc. Whatever works for you.
The remaining activities are of ABSOLUTELY no use for our cause.
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payur
07-14 03:35 PM
what do they mean with "USCIS expects to provide in time-compliance for receipting of form types listed below:" and then lists the date 7/18/07 for I-485 in Nebraska Service Centre.
I filed my I-485 on 06/25/07 (my PD is March 04). I have not yet received any confirmation, receipt or anything else from my application. I just hope that my application did not end up with the July applications.
Is yours EB2?
Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
Will have to wait another 2 weeks to know the facts.
I filed my I-485 on 06/25/07 (my PD is March 04). I have not yet received any confirmation, receipt or anything else from my application. I just hope that my application did not end up with the July applications.
Is yours EB2?
Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
Will have to wait another 2 weeks to know the facts.
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rajuseattle
08-12 06:13 PM
Skarthy,
No worries I also e-filed on july 02dn 2008. received paper receipts on july 11th 2008.
after waiting for almost a month or more finally received my FP appointment schedule on august 08th 2008 and on the same day received CRIS e-mail for RFE. FP notification was sent by MSC (National benefits Centre).
I guess their is some miscommunication between MSC and NSC...looks like the adjudicators started processsing the apps, but couldnt find the finger prints in their system.
Once I receive the RFE in hand i would know what information USCIS is requesting and from which service centre issued RFE.
I went for e-file just to make sure that USCIS doesnt loose the forms in their huge backlog of applications, but apparently Paper file ead renewals are working much faster than e-filed EAD. Its USCIS everything is possible in their processing logic.
Bottomline guys go for Paper based EAD renewals rather than this crap e-file, where the application are routed to different Service centres and nobody knows whats going on with their applications for months.
No worries I also e-filed on july 02dn 2008. received paper receipts on july 11th 2008.
after waiting for almost a month or more finally received my FP appointment schedule on august 08th 2008 and on the same day received CRIS e-mail for RFE. FP notification was sent by MSC (National benefits Centre).
I guess their is some miscommunication between MSC and NSC...looks like the adjudicators started processsing the apps, but couldnt find the finger prints in their system.
Once I receive the RFE in hand i would know what information USCIS is requesting and from which service centre issued RFE.
I went for e-file just to make sure that USCIS doesnt loose the forms in their huge backlog of applications, but apparently Paper file ead renewals are working much faster than e-filed EAD. Its USCIS everything is possible in their processing logic.
Bottomline guys go for Paper based EAD renewals rather than this crap e-file, where the application are routed to different Service centres and nobody knows whats going on with their applications for months.
more...
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prioritydate
08-09 12:07 PM
1. How do you know that we are not approving 2004 cases? Just that you didn't got your approval doesn't mean that we are not approving 2004 cases.
2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.
3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.
4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.
5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.
6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.
7. Oops... we sorted all cases that can be approved, by descending order. Sorry!
8. Time and again we want to prove that we can do anything we want.
9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.
10. Yikes! Dog ate all 2004 cases.
2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.
3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.
4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.
5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.
6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.
7. Oops... we sorted all cases that can be approved, by descending order. Sorry!
8. Time and again we want to prove that we can do anything we want.
9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.
10. Yikes! Dog ate all 2004 cases.
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pthoko
08-03 10:02 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
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RandyK
10-29 02:48 PM
Source: NumbersUSA.com
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
sdrblr
08-09 06:18 PM
reason # 13.
USCIS says....if we do it the right away, then what will you all do...
there will be no IV
no checking this site over the weekend
no complaining (to be read as B******g)
no Ombudsman (he needs to be fired) ..no lobby group in DC..they all will lose their job.. USCIS is improving the economy :D
USCIS says....if we do it the right away, then what will you all do...
there will be no IV
no checking this site over the weekend
no complaining (to be read as B******g)
no Ombudsman (he needs to be fired) ..no lobby group in DC..they all will lose their job.. USCIS is improving the economy :D
fcres
07-18 04:10 PM
Call once again to confirm this news. Some times the reps give conflicting answers.
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