pappu
08-20 05:08 PM
Thank you everyone for taking appointments. We are getting good feedback from the recent visits. Please continue this effort.
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basav
08-04 06:57 PM
Hi , Thanks again for the reply.
Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..
Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..
desi3933
07-20 04:53 PM
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
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the_jaguar
11-21 02:50 PM
A suggestion to folks sending emails:
Please keep the first email precise and compact (typically one paragraph). If it is longer, most people will not take the time to read through it, and some of the important/hard hitting points might never be read.
While immigration is a very close and dear issue for us folks, we should not expect the rest of the country including the media to feel the same way. Hence, small & precise emails have the most impact..
If they respond to our email, then it makes sense to send them a detailed response detailing the issues legal, high skilled immigrants currently face..
Just my $0.02..
Please keep the first email precise and compact (typically one paragraph). If it is longer, most people will not take the time to read through it, and some of the important/hard hitting points might never be read.
While immigration is a very close and dear issue for us folks, we should not expect the rest of the country including the media to feel the same way. Hence, small & precise emails have the most impact..
If they respond to our email, then it makes sense to send them a detailed response detailing the issues legal, high skilled immigrants currently face..
Just my $0.02..
more...
desi3933
06-25 02:18 PM
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
meridiani.planum
04-06 02:34 AM
inline...
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
more...
gcadream
02-25 07:54 AM
That is really cool man !!
2 months less in 3 yrs is no big deal...its almost 3 yrs extn for you.
Thanks for sharing with us, lets see how the ball rolls out for me.
2 months less in 3 yrs is no big deal...its almost 3 yrs extn for you.
Thanks for sharing with us, lets see how the ball rolls out for me.
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logiclife
01-05 11:31 AM
There may be members posting their thoughts and suggestions on multiple websites. Right now immigrationvoice.org is separate org and has a different approach to others that I know. This org is going to raise funds and hire professional strategist who knows how to cross a minefield and get our priorites introduced in one or other vehicle of legislation.
Everyone here on this org is:
1. Affected by retrogression.
2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.
While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.
Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.
Thanks,
logiclife.
Everyone here on this org is:
1. Affected by retrogression.
2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.
While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.
Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.
Thanks,
logiclife.
more...
priti8888
10-02 12:30 PM
--------------------------------------------------------------------------
In June/July 2007 they allocated visa numbers to various applications based on RD.
Say Mr A with a PD of 2004 applied for 485 on July 23.
But Mr B with a PD of 2005 applied for 485 in 2005 or anytime before July 2007.
Mr B may be assigned a visa number and you will see his aproval anytime from July-Oct 2007. Since he already applied 485 , his name check, FP, etc is clear and case is pre-adjudicated.
Therefore, inspite of the fact that Mr B 's PF is not current, you will still see approvals in August, sept, oct.
In June/July 2007 they allocated visa numbers to various applications based on RD.
Say Mr A with a PD of 2004 applied for 485 on July 23.
But Mr B with a PD of 2005 applied for 485 in 2005 or anytime before July 2007.
Mr B may be assigned a visa number and you will see his aproval anytime from July-Oct 2007. Since he already applied 485 , his name check, FP, etc is clear and case is pre-adjudicated.
Therefore, inspite of the fact that Mr B 's PF is not current, you will still see approvals in August, sept, oct.
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smartboy75
07-09 11:00 AM
Source www.immigration-law.com
07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008
USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.
So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???
07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008
USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.
So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???
more...
newuser
05-14 04:53 PM
Thanks for the update and we all support your efforts.
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bmoni
12-23 04:28 PM
Guys, If you have done it or any of your friends have done this please share your/their experience. I am not sure its possible to port I-140 PD when you change employers as it states clearly in the document. I-140 PD invalid if you misrepresent or fraud "This includes change of employer" .
Thanks
Thanks
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genius
12-14 05:34 PM
My OPT expires around May.I believe the best way is to join some school rather than going for any other Visa Category?isnt it?
Btw ,I asked many lawyers about the OPT extension and they said there is a very little chance that USCIS will approve it unless you have a very very good reason.They are not fools afterall...
I have a Masters from here..and I will be on my F1 again.Offcourse as expected ,the H1B is going to run out in less than a month next year.
Any suggestions would be appreciated.
once again.I will aplly for H1B in April and my OPT expires sometime in May?
Does Kaplan provide courses that issue an I-20?
Thanks in advance!!!!
Btw ,I asked many lawyers about the OPT extension and they said there is a very little chance that USCIS will approve it unless you have a very very good reason.They are not fools afterall...
I have a Masters from here..and I will be on my F1 again.Offcourse as expected ,the H1B is going to run out in less than a month next year.
Any suggestions would be appreciated.
once again.I will aplly for H1B in April and my OPT expires sometime in May?
Does Kaplan provide courses that issue an I-20?
Thanks in advance!!!!
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MahaBharatGC
10-13 11:45 AM
But ksircar, instead of accepting can't we raise red flags to USCIS?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
more...
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mambarg
07-27 07:04 PM
How did the attorney sign the form when you had not signed.
I had to visit my attorney's office and sign all the paperwork in his office before he filed my app.
I belileve if the attorney is remote, then he needs to send fedex package to sign the docs.
Attorney signs only as a rep if there is legal issues or court apperance is required.
Applicants signature is used to prepare the EAD card . USCIS scans the signature of applicant.
I had to visit my attorney's office and sign all the paperwork in his office before he filed my app.
I belileve if the attorney is remote, then he needs to send fedex package to sign the docs.
Attorney signs only as a rep if there is legal issues or court apperance is required.
Applicants signature is used to prepare the EAD card . USCIS scans the signature of applicant.
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chanduv23
01-31 12:36 PM
Who is United Nations? From your views, it seems like United Nations is a pretty strong asset. Please post more information.
he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.
he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.
more...
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santb1975
02-14 12:31 AM
it is very well appreciated
Support for the cause will bring results
Support for the cause will bring results
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smuggymba
10-07 09:59 PM
Always keep a soft copy of the approval notices with you. I have paystubs on ADP so I can pull it online any time. At my previous comp, all my payslips where on the intranet.
USCIS's plan is to harrass, ours is to defend. We chose this by coming here. Chill out, don't worry too much.
USCIS's plan is to harrass, ours is to defend. We chose this by coming here. Chill out, don't worry too much.
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nonimmi
06-11 04:39 PM
Please keep all bilateral discussion between yourself. Most discussions are soon being targeted to personal criticism or attack. Please respect others views (which are following IV line of course) and be polite.
53885
05-12 07:44 PM
Sent 610 emails to media organizations in Western states (CA,OR,WA,AZ,NV) through AILA website.
kicca
01-25 03:48 PM
^^
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