Monday, June 13, 2011

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  • philly2004
    06-12 01:30 PM
    Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.

    Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.

    Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?





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  • skalra
    03-19 11:06 PM
    If you have advance parole, check with your lawyer if you can use AP to come back. Now that you applied for stamping, AVR is out of question but AP is still an option.

    I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.





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  • kriskris
    07-31 09:34 PM
    Dear All,
    Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.

    He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.

    He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?

    What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.

    Hi bijualex29,
    Can you please confirm with your friend whether his 140 LUD (Last Update Date) changed or not. I want to know whether they check our 140 status before or after the data entry.





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  • vik123
    07-11 12:03 PM
    We should all write personal letters highlighting what happened and send it to out to congressmen/women. 2 Senators from your state and your house rep.
    That will make a huge difference, recently an IV member sent a letter and s/he has already gotten a call from the office, with a promise to look into it.
    I called my senator's local office, and they asked me to send a letter, the senator would send an inquiry to USCIS.
    Again, LETTER. no email, faxes. The staff clearly told me "Send a letter", and the senator will respond to it. Senator goes thru every postage paid letter.
    Yes,you are right.More the number of the senators sending inquiry, more the pressure on USCIS.Lawmakers sending inquiry will force USCIS to do something about this mess.
    I thnk that next campaign should be "SEND THE LETTERS TO YOUR SENATORS"



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  • qtoask
    07-11 01:06 AM
    USINPAC: Not sure they have co-ordinated as per my understanding, Does CORE knows??


    Definitely they have not started this campaign.



    As per USINPAC, you need to say thank you to them as they claim to have started and run this campaign.





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  • sk.aggarwal
    05-01 12:26 PM
    It all depends on how short you are..Following are options

    1. Housing loan from India: Secured loan but very high interest rate, not very difficult to get
    2. Personal loan from India: Unsecured loan with very high rate. Not very sure abt this.
    3. Personal loan from US: rate between 8-12%. Max amount is around 20K USD
    4. Home equity line of credit: If you own a home and have equity. You should be a loan against it at very reasonable rate. and I think, it has some tax benefits also ..
    5. Loan against your 401K: you can get 50% of your 401K at around 5-6%. But you will have repay if you leave your employer.



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  • gc03
    09-07 01:56 PM
    I am on H4 visa. Applied for 485 in june 2007 and got my EAD and AP last month.

    Unfortunately I also applied for H1 visa in march 2007, and it got approved now. I told the employer that I will work on EAD and don't need my visa.
    He is now blackmailing me to pay the amount or he will give negative feedback/comments/reason for me in H1 cancellation letter.
    I didnot sign any agreement with him.
    Note: H1B not started yet. It will start from oct 1st.

    What is the H1 cancellation form/letter?

    Does it have any impact on my Green Card Process? Please Advise.

    Thanks for any replies





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  • roseball
    03-31 11:01 PM
    I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.

    I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.

    Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.

    On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.

    On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.

    As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.

    What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).

    What are my options/risks; deportation for instance? Should I leave the country immediately?

    You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.



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  • ghost
    09-21 04:38 PM
    Thanks! guys.....All in the same boat then....Screwed.....

    Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.

    Cheers!





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  • copsmart
    12-28 06:34 PM
    I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.

    My take:

    AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.

    In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.

    The above said information is purely based on my knowledge and may vary from an Attorney�s view.

    Good Luck!



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  • waitin_toolong
    07-26 12:30 PM
    yes after July 30th the fee goes up





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  • eb3_nepa
    09-07 12:10 PM
    I am actually quite perturbed by this discussion. I feel there is NO need for an "American" accent. As long as your english pronounciation is clear and your grammer is strong, you should have NO problems.

    If you have studied in English from Day one, you should feel good about yourself. You have already put in hard work since your childhood and you do not need to be embarassed that your English does not sound like the average American. As long as you do not have a VERY strong accent from whatever country you are from, I see NO reason to "Americanize" our English. If someone is doing it to improve their spoken English then I am all for it. If someone is doing it just to gain "acceptance" then I feel it is wrong. You are who you are. Right now you are NOT an American, you were NOT born here so then why should you talk exactly like an American when you are NOT an American??

    Also I am not too happy at this being mentioned as an "Indian" specific issue. Citizens of almost EVERY country have their own accent. Indians, Chinese, Japanese,, Italians, Irish, British, East Europian they ALL have a unique accent. I dont see anyone criticizing the Irish, British or the Australian accents. I see some people in this forum making fun of just the Indian accent, so i thought i should clarify this point.



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  • authrd
    07-26 01:25 PM
    I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.

    All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.

    I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.

    I don't have all the I-94s either. I do have the visa stamp on my passport.





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  • surabhi
    05-20 10:47 AM
    I had duplicate I-485 based on same I-140. The A#s were different on both I-485.I was concerned about AP / EaD renewals. I took infopass and went to USCIS today.

    I was told both my applications are now consolidated and keying in either of receipt# or A# is bringing back both applications and its all set.



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  • needhelp!
    01-09 04:00 PM
    I entered @ Newark in Aug 2008. The experience with using AP was smooth. I even forgot my folder with all my documents (clumsy) at the first desk which was on the lower level and the IO went and got it for me :)





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  • rbharol
    08-30 12:29 PM
    I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?

    May or may not be.
    That is the reason that PERM labor certification requires employer to provide proof that enough advertizing was done and no US citizen was qualified AND willing to accept the job, before deciding to go for an Alien.



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  • meridiani.planum
    10-19 08:46 PM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    if you go back to your home country without a job, and you get an RFE for an employment verification letter, how are you going to respond to that?
    Also note that earlier most RFEs had a response time of 12 weeks, starting from a few months ago the IO has the discretion to choose the response time. So for something like an EVL (which he would assume you can provide within a few days) you might only have a response time of 4 weeks... Also, its not necesasry that you get the RFE only when your PD is current, USCIS is continuing to process cases, and you can get an RFE even if your date is not current...

    As some posters have mentioned, travel on AP has also troublesome for some people. No one that I know of has been denied entry, but IOs at some port-of-entries have insisted that travel on AP should be only for emergencies. Again, its just harassment due to unclear policies, no one that I know of has been denied entry.





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  • gc_in_30_yrs
    01-22 06:59 PM
    "thank you" looks a small word but it is the only word i have to convey my thanks.

    fighters wont stop fighting until they win.
    we are fighters.





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  • garybanz
    10-19 04:52 PM
    Nice idea, but here is what I think...

    Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)





    msyedy
    12-13 11:02 AM
    I hope CIR will become hot soon. This is just a spark.
    They will soon make a decision on the strategy to be followed in Iraq, appropriation in Jan and CIR.

    Praying





    humdesi
    05-31 10:37 PM
    In this case the guy is a software engineer. The consulting company is willing to show that he is a manager.



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