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  • mp2007
    07-31 02:36 PM
    Hi Sportsguy,

    Please consult a lawyer, you dont want her to land in trouble because you did not get the correct advice.

    MP





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  • looivy
    12-22 10:13 PM
    I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

    At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

    1. Passports (old and new)
    2. The original Notice of Action (Form I-797).
    3. Employment Contract
    4. Labor certification (LCA)
    5. The entire approved petition (I-129)
    6. Original letters verifying your employment history and specific work skills.
    7. Original degree certificates along with mark sheets.
    8. Relevant diplomas or certificates, e.g. computer certification.
    9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
    10. Employment letter from current employer
    11. DS-160
    12. DS-160 confirmation letter with barcode
    13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    15. Payslips
    16. All previous I-797s
    17. Original AP (For your own backup if applicable)
    18. Original EAD (For your own backup if applicable)
    19. I-485 Notice of action
    20. Appointment confirmation printout
    21. Company annual report (if any)
    22. Company's tax returns (if applicable)
    23. Your personal tax returns for last 5 years. He asked for last three years.
    24. Marriage certificate (if applicable)
    25. Take your business card, if you have one
    26. Driver license
    It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

    The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

    Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

    Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

    Hope this was helpful.

    Good luck!





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  • hebron
    04-03 12:31 PM
    Hi Bobby,
    I'm sorry, I'm a little confused now. Maybe its just me.

    Couple of questions, if you don't mind.

    1. Did you go on your vaction after getting your 3 year extension based on your approved I-140?

    2. Did you apply for 3 year H1-b extension even though your passport was not renewed?

    3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp?

    4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years?

    Thanks



    I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW





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  • matreen
    07-11 01:02 AM
    I see dark every where for EB3 until we do something there is no hope guys.....

    This is really suc...............



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  • kondur_007
    03-17 05:44 PM
    Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
    I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
    Here is my petition break down
    1-140 filed-May 2009
    !-485 filed June 2009
    EAD/AP Oct/Nov 2009
    RFE on 140 -Feb 9 2010
    Responded to RFE - Mar 11 2010
    Denial posted on Mar 15.
    Would filing the I-130 affect the refiling of I-140?

    Appreciate inputs provided

    Switch to O1 visa. This will give you 3 years at a time. This can even be done as Premium processing.

    If you applied for EB1A, it is the same application that goes for O visa, chances of approval with your credentials are > 95%; do this with a good attorney. In worst case scenario, even if it is rejected, you will loose nothing. (does not affect your current H1).

    Then work again on EB1A application and reapply; you probably will get it approved second time around. This time, do not apply concurrent though; I have heard of more RFEs and denials with concurrent applications or premium EB1 applications; just a thought (dont have any proof for this)

    Good Luck.





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  • unitednations
    02-22 02:12 PM
    To all Experts/Gurus, please advice on this issue.

    I hold a H-1B status as well as I-485 Adjustment of Status Pending.
    I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

    I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

    1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
    2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
    3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
    4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
    5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
    6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
    7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
    8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
    9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

    These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

    Thanks.

    You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.

    If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.

    You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).

    There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.

    Long story short; was that it went to court and the candidate won...

    If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road



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  • alterego
    02-01 11:18 PM
    Seems to me, whether we like it nor not, whether it is fair or not, whether it is sensible or not, whatever, whenever this issue has come up since 2005, despite efforts to separate them our issue is tied up with the fate of the issue of the illegals in legislators minds.
    American legislators(collectively) don't seem willing or able to deal with these issues separately.
    So, though from a philosophical perspective I remain neutral on the issue of legalization of the status of illegal immigrants, I feel our best interests are served with a pro CIR candidate, whatever the stated position about legal highly skilled immigration. They simply don't seem ready to move on that without CIR. Whatever the consequences for the economy and global competitiveness.

    Overall a McCain vs either Obama/Clinton would be OK for us, since at the very least the temperature of the debates on the issue of immigration will be less and the tone of the debate more rational and reasoned. Also that match up would make it less likely for a 3rd candidate. Romney would have fanned the flames of the anti immigrants. I write in the past tense because the or"MITT"uaries on that campaign are already being written for publication after Feb 5th.

    Agree with logiclife that election of pro immigrant senators would help. That seems to me, to mean democratic gains except blue dog democrats, since that would help them push legislation through. All in all we want immigration to remain in the discussion, but the conversation to be less emotive and more reasoned and rational and civil.





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  • ramaonline
    09-25 06:09 PM
    if u stay outside the US for 366 days, the h1 clock is reset - then u can re-enter in h1 status for a new 6 year term - u must have an approved h1b petition, the new petition is subject to cap. (which gets exhausted really soon) -



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  • qualified_trash
    12-15 11:35 AM
    I think if you have 2 years left, you will get H1 transfer and the new H1 will have 2 years. After those 2 years, you will get another 3 years if your 140 is not revoked by your previous employer.

    he can get a 3 yr extension no matter what because I am assuming that he will go through PERM and have his I140 approved through the new company in a year or so.

    the only benefit of the old I140 is to port the Priority Date.





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  • WaldenPond
    02-09 11:03 AM
    Hello,

    Could anybody please post the latest going on with today's hearing - Committee on Government Reform Hearing: U.S. Competiteveness.

    I am not able to find any news/update on this.

    Thanks,



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  • msyedy
    01-12 06:57 PM
    I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.

    But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!

    Some alternatives are:
    (a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.

    (b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.

    (c) If an Labor has been approved for X years
    (d) If the alien has been on H1 for Y years
    or a combination of any of the above

    Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.


    Why are you making it more complicated. People here want to get things done faster and relief for everyone.
    According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......

    If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.





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  • immigrationbond007
    06-14 09:22 PM
    They should arrive within 90 days of applying. They are not related to the Priority date. ;)

    First, Congrats to everyone and IV Core Team!!

    Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).

    My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.

    My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?

    Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.



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  • pbojja
    10-17 12:34 PM
    Can anyone tell me what it means in terms of documents...???

    Your questions are too demanding dude





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  • smartboy75
    08-10 05:19 PM
    Moderators Ban this jackA** for wasting everybodys time....If it is a typo he better correct it...if not BAN him for causing unnecessary confusion and being such a reckless member



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  • immigrationvoice1
    01-31 09:36 PM
    Has anyone analyzed who would be an ideal president from our point of view? Does IV endorse any candidate?

    In my opinion IV should not be "endorsing" any candidate and one among the many reasons could be, none of the members of IV have voting rights in this country! Why should IV even think of endorsing anyone in this scenario ?

    I guess what you meant to ask was who amongst the current contestants does the IV leadership thinks would be pro legal highly skilled immigrant if he/she happens to get elected to the White House.

    Please correct me if I am wrong with the above.





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  • rvr_jcop
    03-27 12:51 PM
    I feel the same... but I'm not sure if I am ready to go back just yet. I spent beyond my means to get my masters and spent a couple of years just paying it back.
    I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.

    But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.

    pal :)

    Oh, and also, consider the 'risk' involved in the underlying 485. If you have everything in place and all the documents such as LCA are proper, proved A2P etc...then the risk should be negligible. But again, you know that better than us. Good Luck.

    In my case, I decided enough is enough. I am going back 'home' should something happen to my 485., in fact with a big smile.



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  • Dhundhun
    11-21 06:11 PM
    Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.

    I had problem with I94 and used the services of USCIS field office (San Jose) to get it fixed.

    If you want to follow my approach, you may find field office using this URL, get an appointment there, discuss it (that you are in US and check your records, if shows outside US, get it updated) and handover I-102.

    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO

    Good luck





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  • ajaz
    06-02 04:05 PM
    I filed my eEAD 45 days back, competed finger printing 15 days back, still I don't see LUD on my case; However, my spouse who filed 30 days back had 3 LUD, and a recent after finger print.

    Can guys suggest, is this common. Usually after FP I should see a LUD, right? What are my options..

    You response is highly appreciated.

    Thanks





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  • GCNirvana007
    10-08 05:48 PM
    i sent u PM.

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    yabadaba
    06-22 11:32 AM
    new memo from uscis
    http://www.uscis.gov/files/pressrele...ling062107.pdf

    Oh law quote:

    "During the lead period from 06/21/2007 to 07/29/2007, people can make a direct filing or in old ways. Accordingly, the July 2007 EB I-140 and I-485 filers using the July Visa Bulletin can make direct filing to eather Texas Service Center or Nebraska Service Center depending on where their place of intended employment is located."

    Bulletin quote:

    "USCIS will accept Forms I-129F, I-131, I-140, I-360, I-485, I-765 and I-907 filed with the new “Direct Filing” location in advance of the July 30, 2007 effective date, that are otherwise properly filed."





    GCStatus
    09-04 12:30 AM
    Like any new documents which we dont have now?



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