Thursday, July 21, 2011

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  • juhis
    06-14 06:11 PM
    My case is a bit different.
    I have a 485 filed by a company for future employment.

    Right now my Priority date became current for my current employer and that labor and I140 are approved.

    So can we file multiple 485's with USCIS or do we need to cancel the other 485 to file new 485 with my current employer.

    Height of Greediness





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  • raysaikat
    04-03 09:04 PM
    My wife did her MBA and used her OPT before marriage. After a gap of OPT period she again went to school and got a MS degree. During her OPT, she did not work at all. Now she is unable to get second OPT for her recent MS degree.
    Is there a way out to get second OPT? Can this new law (29 months OPT) if passed, be used to apply for second OPT.
    What should be best approach? Please advice.
    Thanks

    A student can get an OPT once for every level of education. Since your wife already had an OPT at the "master's" level (it does not matter whether she could earn money during that period or not), she can only get another if she goes for a Ph.D. After completing the Ph.D., she will get one more OPT.

    I do not know how the new law, if passed, will be "grandfathered", but I doubt if it can be used for your wife's case.





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  • abhay
    05-13 12:53 PM
    Thanks guys, June travel can be postponed a bit, I guess I am worried what if it takes 2 months for approval, I dont know, I think I will go ahead and apply.





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  • martinvisalaw
    06-09 01:05 PM
    You need to file a COS from H-4 to H-1B. You cannot work until the H-1B is approved, because you are not in H-1B status now and therefore cannot use H-1B portability rules. You will not be subject to the cap since you have held H-1B status withing the past 6 years, and presumably not used a full 6 years.

    Whether your last employer or a new employer files for a new H-1B status for you, it is still a new filing and any prior filings are not relevant, except to show that you are not subject to the cap.

    By the way - this might get more comments if posted in the Nonimmigrant Visa section of the forum.



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  • DSLStart
    01-08 10:51 AM
    You can stay out of the US for up to 6 months with no consequence, as long as the person has a vaild green card and passport. Over 6 months contact with the US consulate is needed and the green card holder can stay out of the country for up to a year. Over a year the green card holder will forfeit their green card and not be allowed to re-enter the country.
    The US permanent resident CAN stay out of the country for more than a year if they apply for and are granted a re-entry permit by USCIS prior to leaving the country. However, for a PR to become a citizen, he/she must have 5 years of continuous residency and staying abroad for more than a year will typically break it regardless of whether a re-entry permit is issued/used.


    after all there is no departure date stamped in my passport? do the airlines inform INS of passenger departure dates? does INS keep a record of departure dates of green card holders in their computers?

    i know that the immigration officer at the port of entry asks "How long have u been outside the US?" In my case it will be one year and one week so can i just say "about a year"





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  • EB3June03
    08-09 08:07 PM
    Folks,

    This post is on behalf of my friend who is a student in UK and planning to apply for US Student (F1) visa. Here are some of the queries he has. I am sure some of you would be able to answer the questions below.

    Question 15: Home Address (Should this be home address of India or should it be local address of UK where the prospective student is a temporary resident)

    Question 16: Home Telephone Number : Similar to Question 15, what should be the answer for home telephone number and mobile number for a temporary resident (student) in UK when applying for US Visa?

    Question 22: When do you intend to arrive in the US : They are asking for date/month/year.... Unless, my friend gets his visa - he might NOT know the date... Is it possible to enter only the month and year here?

    Question 24: At what address will you stay in the US : My friend is going to be a student and unless and until he comes to US, will NOT know the answer for this - What have folks applying for student visa entered for this Question?

    Question 25: Name and Telephone of Person in US who will be staying with : For prospective students, this would be a tough question to answer and I am sure most of the student visa applicants might have wondered what to enter here. What are some good answers here?



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  • ameryki
    04-27 04:58 PM
    I'm off to London for my H1B stamping. I was working for an Investment Bank that folded and I took up a job with a bank that has not taken TARP funds (not a US bank)

    My I-129 was approved, however, it was approved before the new I-129 that asks whether the company accessed covered funds.

    I just wanted to know whether I need to ask counsel in my firm to update the I-129 or should I just go ahead with the stamping?

    Any other important documents I should take along? I was thinking of

    a) letter from employer stating salary, start-date, position etc
    b) letter from company stating that they did not receive TARP

    anyone else on the same boat?


    not in the same boat but in my opinion if you don't have to travel then lay local for a while given the restrictions being put in place with h-1 visas for financial institutions as a whole.





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  • satyasaich
    04-06 04:31 PM
    As far as i know, it is not possible. because your friend's I-140 was approved already, based on which I-485 was applied.
    He can change an employer and shall not be any issue as long as the job description is same.
    That doesn't equate to a situation where an employer can invoke I-140 before it's approval & use the LC for someone else.
    (Note: I'm not an attorney)

    Hi, I have a question.

    1. My colleague crossed 2 years after filing 485. Frustrated with GC processes, he is switching company for better career prospects. He is using his EAD and invoking AC21. Is it possible for me to use his labor? If no, why?



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  • bijualex29
    09-07 02:09 PM
    I am no longer excited about this update.
    Buch of Bull- shit they give.





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  • mygcstory
    07-20 03:33 PM
    Does anyone know if the B1 visa can be extended in US? The visa stamp on the passport is for 6months. when entered US, the officer granted 5.5 months of stay.......

    I am thinking I simply appy for B1 extension 30 days before I-94 expiry date and the actual visa stamp on the visa does not matter.....is it true

    Thanks for your time!!



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  • WaitingForMyGC
    12-07 01:51 PM
    By looking at the trend, it is taking close to 5 months for AP approval.

    Visit: http://www..com/usa-immigration-trackers/





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  • Nikith77
    03-25 06:28 PM
    why dont you call the head branch in USA, and ask them if you can use this degree for immigration.

    Cause I have my MS from NEWPORT and when I asked them if I can ues it for my GC then they told me that it cannot be used for immigration.

    hope this will help you.



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  • Ryall
    10-01 01:34 AM
    your second one is much better.... a bit of advice on the first one: get that yellow thing out of there!!! You first one, is a bit unorganized, and well not really too interesting, no effects that grab your eyes. The second one, while very simplistic too at least has a much more pleasing layout. Keep at it - you're already improving.

    Peace





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  • vdlrao
    10-22 10:23 AM
    Can we ( VA, DC and MD members ) could meet up some week end to discuss Past/present/future IV/Non-IV issues. And it would be a good event not only to get to know each other and to get new people in.It would be a great if atleast one core member presides the event.



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  • Sakthisagar
    05-03 02:02 PM
    Making Legals also Illegals.

    For the past 10 to 13 years people are waiting on the EB category Queue, and they are all tax payers as same as US Citizen.

    some of them are in H1B status, in this economy it is not necessary that they should always have a job, so if the congress

    is not acting on the Immigration bill as soon as possible, they are making the Legals also Illegals pretty soon, with the

    USCIS nasty memo for the Employer-Employee relationship, getting an H1 extension became another Oil spill in the Gulf Coast!

    This is not a joke, and politicians care little about this, because they cannot manipulate anything here, This is the year and time
    to pass immigration bill. If not then immigration issue may not see light.


    What about great Indian origin media tycoons Sanjay Gupta & Fareed Sakaria, why cant they make a issue on the media about this.

    All Indian origins except some bunch of people, are waste and just eat, drink & be merry caes, and they don't care for anything.

    Keeping the finger cross and waiting for the immigration bill introduced in congress as soon as possible at least before May 31st 2010. Even the home country of some of us here, India, with a puppet government and corrupted politicans can do nothing about this. :mad::o:eek:





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  • avi101
    06-21 05:18 AM
    One more :(

    House Plan May Delay Immigration Overhaul
    http://www.nytimes.com/2006/06/21/washington/21immig.html?hp&ex=1150948800&en=63a79e3775cfae97&ei=5094&partner=homepage



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  • delax
    07-17 02:32 PM
    AILF's Legal Action Center has a class action lawsuit completed and ready to file against the Department of Homeland Security and the Department of State for their unlawful actions in the I-485 / Visa Bulletin mess. The government improperly denied tens of thousands of intending immigrants the opportunity to apply for employment-based visas known as "green cards."

    Rumors continue today that the Administration will be announcing a decision regarding their proposal to resolve the crisis. The most recent rumors indicate that the announcement will be made today. However, there are widely varying reports on what the proposed solution will be.

    AILF will review any proposals by the Administration to resolve this issue, and will determine the best course of action in light of those proposals. While we remain hopeful that the Administration will take the actions necessary to avoid the filing of the lawsuit, further delays or incomplete solutions will compel us to move forward with litigation.

    We thank the hundreds of people - intending immigrants and their lawyers - who have contacted us to be plaintiffs and support the litigation. We received emails and calls from more than 500 people in the last two weeks. Your efforts have enabled us to prepare a very strong challenge to the government's actions.

    We will post more information as soon as it is available.





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  • CADude
    10-02 04:00 PM
    If you will use AP then your status is "Immigration Pending". Please contact your Attorney.

    I am currently working on H1B and have received my EAD and Advance Parole recently. I am planning to travel next month and want to use
    my Advance Parole for this purpose. When I come back (to avoid h1b stamping again in home country). Do I need to use EAD to continue
    working in US?

    Thanks in advance





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  • mailmy_gc
    03-02 07:24 PM
    SDI is disability insurance you are mandated to insure during this kind of situations.

    My wife is working on EAD. When we had baby (she had C-Section), she applied for SDI and she was paid. She asked her HR. HR mentioned SDI is nothing to do with immigration. Due to the company policy, We were forced to apply.

    I know one of my friend who was benifitted with SDI and FMLA while he was on H1.

    Thanks,
    sr





    rrarunan
    11-17 10:09 PM
    Hi Everyone

    Just wondering if anyone in the forum can help me with this question.

    My original EAD applied for in June 12, 2010 was approved on Sep 2, 2010. But, the document was lost in mail and after 90 days I was instructed by USCIS to reapply.

    And, I did reapply on Oct 12, 2010 and the case is pending on initial review although I received the I-797 Notice of Action 'Replacement Receipt' on Oct 15, 2010.

    According to the I-9 Receipt rule, I can start work for a period of 90 days using the 'replacement receipt' which is just a similar receipt for an I-765 application but for a replacement EAD (lost in mail). This is in the I-9 handbook in the uscis.gov site.

    My question is:
    According to the 90 day unemployment rule starting April 8, 2008, if we start employment using the I-9 receipt rule, do the days of unemployment still count against the aggregate of 90 days allowed after the OPT start date ?( which in my case is Sep 20, 2010.. I presume because this is the date I had provided on the approved original EAD application which was approved on Sep, 2nd, 2010 and I had lost in the mail).

    So, basically in this special case where both the I-9 receipt rule & 90 day unemployment rule apply, what happens with the umemployed days accrued even if i accept employment?

    Thanks.
    Any help would be deeply appreciated.





    bakara
    09-08 12:07 PM
    Hi,
    DOB was entered incorrect while renewing EAD. EAD got approved but now I want to send it back to correct the mistake I did. So, I guess my question is - When I send my EAD back with the application for Replacement, do I need to pay the fee for EAD again?
    Your help will be appreciated.



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