Thursday, June 9, 2011

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  • lord_labaku
    09-21 09:15 PM
    If your passport has been impounded, cant you only travel out of the country by hiding in a cargo box anyway....GC will be the last in your list of worries. No?




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  • sundarpn
    04-20 01:24 PM
    Student79,

    Are you doing a COS from H4 to F-1 or is your spouse going to India and getting F-1 stamped directly?

    Question:
    If one applied for a new F-1 at the consulate and for whatever reason F-1 is denied, can she return back on H-4 visa that's already stamped.?

    The F-1 at the consulate - you get to know immediately rather than wait in limbo for H4 to F-1 COS.

    And if H4 to F-1 COS get approved in the middle of a semester when one is taking less then full time load, what happens?




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  • mattresscoil
    10-15 02:24 PM
    Hello,

    I am currently working as full time and planning to move to consulting. I have the below questions

    (i) I know its a bit risky to move to consulting right now compared to Fulltime, but still i See the H1 petetions for most of consutling companies are getting approved.
    Do you think is it OK to move to consulting from Full time?

    (ii)As client letter is mandatory these dayz, whats the best approach to apply for transfer? Like e finding the project and proceed for premium processing

    Thanks
    sshrika:

    I think you are positioned well with a full time position and income.
    Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.

    This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.

    Best wishes
    Mattresscoil!!




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  • kevinkris
    08-16 12:36 PM
    Hi All,

    My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?

    When i asked for the reason they are saying they did intentionally. Please clarify.



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  • krishmunn
    09-17 12:08 PM
    I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.

    So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.

    Hope this helps...

    If the extension is denied the person falls out of status immediately and the visa get voided.

    Check this from Murthy Chat (answered by Attorney Murthy) --

    MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)

    Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?

    Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.




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  • gsc999
    09-01 12:59 PM
    That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think he was abducted by aliens, because he is one.

    I wanted to start this thread in members only, but it wouldn't let me.

    Thanks.
    ---
    It is good to know that BerkleyBee is doing well.

    Infact, I became a member after watching BB's presentation on IV.



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  • webm
    08-08 07:21 PM
    So whats the verdict ? Can we work on EAD receipt notice if the EAD could not get renewed in time ?


    No i dont't think so as per the new 245(k) memorandum..:( see this article on http://www.immigration-law.com

    08/08/2008: Unauthorized Employment Before or/and after I-485 Filing and Importance of Revisit of Recently Released 245(k) Memorandum




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  • skarthy
    07-18 01:30 PM
    I have e filed on 7/2, there was soft lud today, do you have a soft lud when ur FP notice is mailed? has anyone seen the same??thanks for your reply

    I check with my freind who got it yesterday, his LUD or message did not change.Its was the same as from when he got the notice.

    I'll have to do a change of address soon. Planning on doing it over the weekend.



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  • gcadream
    03-12 01:21 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.




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  • nashim
    07-14 09:53 AM
    for Consular Processing case, candidate has to be in out USA or is it ok be in USA and file for Consular Processing?



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  • hyddsnr
    04-30 08:45 PM
    I am not sure if this question being answered in this forum.
    Need experties if any one have this situation.

    Employer: X (Old Employer)
    Labor - EB2
    PD - Sept , 2006
    I-140 Approved

    Employer : Y (Current)
    Labor : EB3
    PD : May 9 2003I
    1-140 Approved
    I-485 : Pending

    Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
    Q : How is the apeal done considering I-485 is already filled.
    My Attorney says better to file fresh EB2 with current company.

    Please reply with your experties or if being deal with this one.

    -Thanks
    Potrero

    Hi,

    Mine is same case, but with same employer, In my case my attorney used below law.PD is done successfully and got GC . But it took nearly 1 year time. I don't think we need to apply new EB2. But anyways talk to experienced lawyer who has done PD earlier.

    According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
    he is entitled to the earliest priority date....




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  • Sai gc
    05-12 10:49 AM
    Anyone please advice.



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  • lostinbeta
    09-10 02:14 AM
    Hmm, odd, I don't think my footer uses up too much processor power and it uses everything you said not to use. Haha, oh well, I am not complaining.

    I still need to get my hands on a copy of Illustrator. I have used it before and it is great! Just gotta save up...............




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  • unseenguy
    01-21 02:42 AM
    Hello Friends,

    Current Situation:
    -I am on my 10th years in USA and started using my EAD 1 year before
    -My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
    -I485 pending for more than 2 years (so I am beyond 180 days limit)
    -I140 is approved.
    -I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)

    Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.

    1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?

    2) Or should be a safer side to use the AC21?

    Thanks for your help on this
    Vel

    Trick question. Are you testing our knowledge of law?
    AC-21 can be used for job in same or similar occupation.

    Also since green card is for future purposes, your employer A can still support you in terms of documentary evidence, but it will be upto the lawyer to convince the USCIS.



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  • hemtir
    06-24 09:43 PM
    Hi Augustus,
    Positive in skin test could be because you had taken BCG vaccination in your childhood which is quite common in India. Check with your parents. If that is the case, you are absolutely fine and you don't even have to take medication. Your negative X-ray test confirms that your positive skin test result could be false. Positive test result only indicates that your have TB antibody in your body which is due to vaccination and not because real exposure to TB. Since BCG vaccination is not common in US, they suggest TB skin test.

    Please cross check with the doctor on this before reaching any conclusion.

    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.




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  • paskal
    06-20 12:52 AM
    my knowledge is also limited...
    but from my J1 days this is what i understood:

    J1 is NOT a dual intent visa.
    All J1 have some requirements to fulfill before applying for GC
    For physicians it is a 2 yr Home requirement OR underserved area practice
    For researchers etc a No objection is needed from the home country for a waiver
    Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
    Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.

    hope that's helpful.



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  • byeusa
    07-11 01:02 AM
    As per USINPAC, you need to say thank you to them as they claim to have started and run this campaign. Fraudstrers...!

    http://in.news.yahoo.com/070710/48/6hwnn.html




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  • midguy
    01-12 06:41 PM
    Hi All,

    My EAD expired in last October and I am still working on H1 ...when I renew EAD which option I have to choose while applying for EAD...is it Renewal or a Fresh one?




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  • sc3
    09-25 02:10 PM
    Usually when a lawyer gets blacklisted, there's lots of chaos. The lawyer's new reputation spreads like wildfire and there's a lot of staff changed. A lot of clients fall out.

    In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.

    All of them told me the same story. Too many miracles, case got investigated, blacklisted.

    Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.

    Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.




    pak
    07-19 08:25 AM
    I am on H1B and finishing 6 yrs in Jan 2008 and my employer never applied LC. My wife is on H4 and her LC is approved.
    We are applying 140, 485, 765 for my wife. I and my daughter applying 485 and 765. So our status will be on EAD.
    I have another daughter aged below 14 so can not apply 765.
    My questions are:
    1. After the expliry of my H1B, wife's H4, Kids' H4, what will be our status?
    2. What will be status for my daughter aged below 14 yrs.

    I am filing my own due to lack of fund, pl. help gurus!!!




    yabadaba
    07-09 04:31 PM
    sledgeehammer...this is eb2 india poll. retrogression happened in october 2005 for eb2 india... how will someone with a 2006 priority date file their 485?

    gcchahiye has
    clearly said do not include the july filing as a factor in this poll.. he used the macaca color scheme also



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