Sunday, June 12, 2011

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  • kanshul
    05-07 08:56 PM
    I used AC21 3 months ago and filled the paperwork with USCIS. No RFE yet but I would not care if I get an RFE as well...

    I think it is best to notify USCIS. I hired Murthy and I don't think they are doing this just to get money. If your case gets messed u say 3-4 yeare later and you end up taking UCSIS in court then this paperwork (which USCIS will most probably do nothing with) will be very helpful.

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  • kittu07in
    08-27 03:57 PM
    [....You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room...]

    How long it takes to convert her status from h4 to B-2? and how many days it will be valid after having a valid B-2?
    to convert her B-2 status, do I need to be on B-1? or it can be anything?
    Does she can able to COS from B-2 to F1 (Student)...?

    ~Thanks in advance

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  • desigc
    12-22 05:03 PM
    Contributed $100 to IV.
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    I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
    My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?

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  • urstruly
    07-26 09:51 PM
    My friend has a unique situation. Please help out with your advise.

    He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).

    Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.

    Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.


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  • cbpds
    05-17 04:50 PM
    how convenient, she didnt need to pay or wait for CIR.
    Some people are only too powerful and influential that others

    CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.

    The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.

    Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.

    The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.

    "The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."

    Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.

    Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.

    Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.

    Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.

    A judge later agreed to suspend her deportation order and reopen her asylum case.

    Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.

    In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.

    Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.

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  • godspeed
    03-08 12:30 PM
    A good way to start the week, glad NSC is coming out of its slumber

    My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.

    By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:

    I was about to contact the state senator today, but early today morning we got our CPO emails.

    My case is pretty straight forward:
    Processing center: NSC
    PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
    I-485: July 07 filer
    RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
    Approval: Today (March 8th 2010)


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  • hemya
    10-14 10:29 AM
    I self filed for EAD. Was very easy. I plan to do the same for AP. $1000 is a lot for AP filing.

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  • Dhundhun
    06-11 01:17 PM
    How is the market? I want to share my history and see if the situation is the same in other places.
    I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
    At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
    Today we are trying to hire another programmer and so far, 1 month, no one show up.
    I don't know if this situation is happening in other places, but from our experience since 2003.
    - there are not many americans interested in IT ?!?
    - the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
    - due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.

    My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.

    Again, anyone seeing the same in other places...

    Specialized people are not easily available.


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  • xlr8r
    07-17 04:53 PM
    Where did you see this? I can see the Aug bulletin but not your update.


    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

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  • sagittarian
    12-17 03:36 PM

    My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:

    1. To apply for the SSN she would need the original I-797 and the I-94, correct?
    2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
    3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?

    Thanks in advance.


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  • kaisersose
    01-22 04:37 PM
    The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.

    But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.

    === with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.


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  • chantu
    06-22 11:48 AM
    Fill up the data. Take the print. Scan the print. Thats it.


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  • psaxena
    06-25 02:33 PM
    Please suggest the best time suitable for everyone for the conf call, today evening or tomorrow anytime.

    Excellent initiative ! Let's do it !

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  • mmeshref
    12-02 07:06 PM
    I am not sure why it's so hard to understand what I want :)

    1- My wife's h4 visa will expire after 4 years
    2- I already have my h1b extension
    3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP

    Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?


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  • roseball
    02-20 06:35 PM
    It is not a Valid Birth Certificate for USCIS

    Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...

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  • RDB
    12-02 08:24 PM
    Don't get excited too soon :)

    I saw the following message when I logged into the USCIS case tracking system.

    * Note on "Last Updated" date:
    Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.

    I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.

    This LUD was after more than a year. Hope Jan bulletin brings some movement.


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  • ultimate_champ
    11-29 11:14 AM
    After showing all the documentation and the AC21 law links to USCIS site, my lawyer and immig dept agree that 03-Aug-2007 is my receipt date.

    so my 180 days start from 03-Aug-2007. Quite a relief for me.

    On the other side, I already lost out on 1 opportunity coz they took so much time to get back with the answer. I hope something clicks in the near future.

    Thanks for the forum feedbacks and answers. This really helped.

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  • rocky17105
    07-27 11:28 PM
    Hi All!

    Appreciate if you have any suggestion for my case:

    My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.

    USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.

    My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.

    I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.

    Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.

    Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.

    EB2 PD Date: Dec 2005.
    I-140 denied: 10 Dec 2009
    I-140 appealed: 05 Jan 2010
    I-140 sent to AAO: Feb 25 2010
    I-485 Denied: 31 Dec 2009
    I-485 appeal: none

    Appreciate your help and if you can point me in right direction.


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  • mmk123
    02-19 06:40 AM
    No insurance here covers pre-existing conditions. sorry... Others can correct me, but only india network plan covers emergency conditions that arise from pre-existing conditions.. at least better than nothing. Hence, plan accordingly. You can still get expensive plans with a better coverage but still they don't cover any pre-existing conditions. Regarding normal situations, one of my friends had good experience with them for one of the claims.. pls note, i have nothing to do with them and not a PR for them.

    if you shop more, you should get a comprehensive plan that covers everything but will be interesting to see how affordable it will be..

    hope this helps, good luck.

    gc genie
    11-05 01:34 PM
    Does AP document come to the attorney or the applicant directly?
    Thanks for the info in advance.

    08-05 01:07 PM
    Did you had to go for an interview or another fingerprinting before you got the welcome email ?
    Neither an interview nor fingerprinting.

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