Thursday, June 30, 2011

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  • unbreakable
    11-09 11:30 AM
    Please forgive me if these kind of posts are not allowed (Admins, feel free to remove this post if this is not the correct forum).

    I am getting ready to apply for PIO for our new born (born in US) but one of my friend mentioned about applying for OCI instead.

    The information on eligiblity for OCI in the NewYork consulate website is little confusing. My question is since me and my wife hold Indian passports, would my new born be eligible for OCI?

    Also is there something called CIO (Not Chief Information Officer)?


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  • ufo2002
    10-10 12:30 PM
    Should be out by at latest the 15th... the bulletins in the past have been released in a range between 5th to 15th of the month.
    I think with the Columbus Day holiday recently, they might take an additional day to release.

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  • razis123
    01-24 02:53 AM
    what about the july 07 fiasco filers..i know GC will only be given when visa numbers are available but atleast if 485 is approved we know we are half way matter the files will be licking the dust for years..gurus please share.
    Thanks in advance

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  • Pasquale
    04-01 01:07 AM
    You guys are funny......... in bed.


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  • ramyacurious
    12-10 08:57 PM
    No. He got the new I797 recently and does'nt have VISA.

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  • shankarsivam
    04-13 05:53 PM
    Hello Attorneys / Experts,

    Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :

    Jan'09 : My Employer submitted 7th year H1B extension - Vacation Recapture + Extension based on pending I-140

    Feb'09 : RFE was issued asking information related to Company

    Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport

    Mar'09 : RFE responded with the requested information

    Apr 10, 2009 : USCIS Denied H1B Extension petition.

    I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.

    Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?

    Appreciate your inputs in this area.


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  • wandmaker
    11-29 11:38 AM
    Thank for your reply
    As I interpret what you said If she comes back on H4 her H1 (i797) invalidates?

    Yes, she can not work until she files another h4-h1 (cos) - you will not be subject to cap, you can do that any time after she enters.

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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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  • Adam
    10-06 05:16 PM

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  • eilsoe
    10-07 10:39 AM
    Notice the change in the eyes... :)


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  • jnraajan
    03-26 05:39 PM
    I want to extend the stay for my Parents for few months. They are on visitors visa. I am aware that I need to file form I - 539 for this purpose. I am not sure what reason should I specify for extention?
    If some one had done extention for visitors visa in past please, I would appereciate your help on this.


    Also, dont specify Medical emergencies. They sometimes ask you to provide letters from the doctors regarding this. You can just say that they need some more time to visit places.

    Ideally, I wouldnt recommend, having them overstay. This might have issues in the future, if they plan to visit again.

    If they have a 5 or 10 year multiple entry visas, they can go back home and come again in another 6 months or so.

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  • G
    01-29 02:22 PM
    bump :)


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  • achu
    09-26 02:52 PM
    Technically, you can do that. But it's better for you to transer your case to consular processing if you are not planning to be in the US for a couple years.

    I forget to mention that it is for my wife. she is my dependent with EAD and AP. i know if she have green card she have to stay 6 months in usa. it that applies to EAD and AP also.

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  • Kodi
    03-10 04:06 PM
    My experiance.... My 6th year on H1 expired beg Dec 2007. I applied for H4 Mid November 07 and haven't received a response yet. My attorney said as long as you file H4 before your H1 expire you're in status.


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  • permfiling
    05-18 11:09 AM
    If new position is similar in responsibilities, then no effect. but if the responsibilities are changing, I would recommend talking to your immigration lawyer about it
    My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?

    Member of north calif
    dontation : $500

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  • eilsoe
    10-07 10:39 AM
    Notice the change in the eyes... :)


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  • vvijaybabu
    02-03 02:06 PM

    Is there any way we can check our labor processing status as it is a genral fact that no employer would prefer to give his employee to access his status and at the same time they would not let employee to call attorney directly.So in this kind of scenario I was just wondering is there anyway we can track the status.

    Thanks in advance for your help.

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  • saveimmigration
    06-23 03:29 PM
    All except NIW eligible

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  • Blog Feeds
    05-14 08:00 AM
    The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2010 diversity lottery. The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States.

    Winners should start finding out very soon. Notifications to the randomly-selected diversity visa or "green card lottery" winners are being sent between May and July 2010.

    How does it all work?

    Soon an official letter from the U.S. Department of State Kentucky Consular Center (KCC) in Williamsburg, Kentucky will be sent to the mailing address that you provided in your entry. Being selected as a lottery winner does not guarantee that you will receive a visa; you must still apply and qualify for the immigrant visa. The notification letters will provide further instructions, including information on additional forms and documentation required and immigrant visa application fees.

    Only participants in the DV-2010 program who were selected for further processing have been notified. Those who have not received notification were not selected. They may try for the upcoming DV-2011 lottery if they wish. The dates for the registration period for the DV-2011 lottery program will be widely publicized during August 2009.

    More from the State Department (

    More... (

    09-24 06:07 PM
    I got my Finger Printing notice today and I was comparing it with the 485 receipt. The 485 receipt had A# as A9xxxxxxx ( A with 8 digits) as the receipt number while the FP notice had A09xxxxxxx as the number.

    The FP notice has a "0" after the "A" and the 485 notice does not have that 0. All the digits are the same but for the 0. Any one has it similar. do i need to worry abt it? any suggestions? You think i need to get it corrected?

    485 received July 27, 07
    485 Receipt date - Aug 27, 07
    FP issued - Sep 18, 07

    01-13 08:52 AM

    Get a copy of your I-140 approval notice. You should be ok. If you apply for a new job, you can apply for 3 years extensions as well as your priority date is portable.

    If you are anxious, just pay $1000 and get premimum processing of H1 in the current job.

    Please consult an attonery

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