Thursday, June 9, 2011

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  • Funky_Monkey
    09-14 05:05 PM
    Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.





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  • nk2
    06-06 10:53 AM
    If you are at office and can not call from your desk do the following

    Please call in suppoirt of Cantwell Amendment

    1. Print the phone numbers
    2. Print the talking points
    3. Take your cell phone and call from your Car in the parking lot

    Make as many calls as you can squeeze in. No number is too small or too large

    This is the do or die time for all of us.





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  • sunty
    08-27 02:55 PM
    2 year EAD here as well..I-140 has been pending for more than a year now..





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  • smuggymba
    01-18 09:12 AM
    Go only if you really need to. If it's just a vacation, postponing is a good idea but don't miss out on brother's wedding etc to stay in US.



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  • waiting4gc
    07-18 03:06 PM
    As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.

    Make sure you file your 140 in the regular channels and it should take some time to get approved.

    Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.

    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!





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  • insbaby
    09-18 06:48 PM
    Two IDIOTS gave me red dots and these comments:

    --------------
    H-1B and working overtime 08-21-2008 11:31 PM ask the doctors who work more than 80 hrs a week

    H-1B and working overtime 08-21-2008 09:58 PM Who gave youa H1 Visa, you dumbo?
    --------------

    I do not understand what was wrong with my question here. I did not know there are idiots roam around this forum and give people RED DOT for no reason. I wish there is a way to know who gave those dots and comments. Get a life you idiots.

    Over time for the same employer is not all an issue. Almost all H1Bs should go thru this and many of them stay at work for months.



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  • ashish3
    10-30 04:33 PM
    Update to my case. Submitted Originally on July 2nd for I-140/I-1485. USCIS Sent back everything on Aug�28 stating Original Labor missing. Attorney sent back the case on Sep 11th with a cover letter that the labor could be requested by USCIS to DOL. The copy of ETA9089 & certified online copy was attached with the original case. I was hoping that they will accept the case this time as I have seen similar cases where they accept the case and issue RFE at a later date. Attorney also mentioned that he got receipts for similar cases like this.

    Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.





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  • droy1981
    04-07 04:47 PM
    I am planning to go on a Hawaii cruise on the Norwegian Cruise line ship (Pride of America) which is registered in the US. My H1-B visa has expired but my I-94 is valid. The Cruise ship only visits islands in Hawaii and embarks/disembarks in Hawaii.

    Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?

    Any help will be greatly appreciated!



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  • Leo07
    10-05 06:32 PM
    I'm sure bluekayal's comment was a light hearted and please take it as such. Let's not hijack the thread any further. ( I understand my post is also a hijack:))

    bluekayal, Thank you for all your efforts. I can see you are a serious IV member and this is just a off handed remark.





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  • sandy_77
    06-20 11:51 AM
    I would like to appeal to all the people who want to travel outside the country and would need a new visa stamp to come back to US....please...please...please do not take this risk unless it is a family emergency (a life and death situation rather than a brother,sister getting married). Per the new rules all of us have to pass through many checks (such as PIMS, NAME CHECK, SECURITY CLEARANCE, ETC.). Contrary to popular belief PIMS is the simplest of all. You will possibly get a PIMS clearance within a month (usually 5 days). However, if you get stuck because of other checks, only God can help you. People (more than a couple of thousand at any given time during these days) are stuck at the consulates in India for two months or more (these days waiting time exceeds 4 months in normal cases and I am one of them). Some guys have been given visas after 1.5 years. Also, contrary to what most lawyers would have you believe that only those people get stuck who have done something wrong, I can assure you that there are very few cases (possibly less than a 5% of the total) who have been outright rejected even after significant delays for security clearances. These lawyers have just surrendered before the DOS/DHS...possibly avoiding burning bridges with the government rather than protecting human rights and civil liberties. God forbid if you get stuck for reasons other than PIMS, anything you can ever know from consulate/DOS after that is that your case is pending in "additional administrative processing" for security clearance. No more no less and you probably have no right to demand transparency. Not even your local congressman/senator can save you then from the harassment that the DOS thinks you deserve for being a third world citizen.
    Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).



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  • Blog Feeds
    10-30 12:30 PM
    http://4.bp.blogspot.com/_HrmmM9Zhq1c/SurcX41g7OI/AAAAAAAAARE/9rIITAzGTIQ/s320/uscisLogo.gif (http://4.bp.blogspot.com/_HrmmM9Zhq1c/SurcX41g7OI/AAAAAAAAARE/9rIITAzGTIQ/s1600-h/uscisLogo.gif)

    USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."



    The Fact Sheet explains that "public charge" means

    an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.

    The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":



    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

    Children's Health Insurance Program (CHIP)
    Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
    Housing benefits
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
    Non cash benefits under TANF such as subsidized child care or transit subsidies
    Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
    Unemployment compensation is also not considered for public charge purposes.
    https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)





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  • Munna Bhai
    01-08 01:56 PM
    Hello,

    My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.

    Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?

    Thanks in Advance,



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  • Sunx_2004
    10-05 03:17 PM
    Any one have any more info. on this type of case, Please share.

    In my opinion you should be OK.

    I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.

    Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.

    If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.





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  • paulinasmith
    08-20 08:06 PM
    Whats the process to do stamping in canada ? My visa has expired since Jan' 2008 - is it same like India ? Do we still get stuck with PMIS or is it okay to go on I-94 and keep the same to re-entry if any issues ?

    The procedure is same they take ur I-94 and cancel ur current visa first.Some people get their visa done within 1-2 days.Forget about re-entering US when your visa is in "administrative processing"



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  • perm2gc
    01-08 04:08 PM
    Here is the situation, they already got Australia visa stamped and would like to make a honest visit to US before leaving for Australia, nothing hidden. So how to Convince VO.
    The best shot is to try from australia.To be frank chennai consulate is very strict on some education qualifications like doctors.So if they want to come here best bet is to apply visitor visa from australia to usa.if you try chennai consulate and get rejected once.you will redirected to chennai consulate everytime you apply for visitor visa anywhere in world.





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  • boreal
    09-21 11:57 AM
    I don't agree with more fees for 485 etc ...

    They are already taking too much money out of us ...
    Then lets just sit tight and hope everything would be done for us without shelling one extra dollar.

    Come on guys, we need to see this from the Govt's point of view too. What's in it for them to even begin considering the plight of us??



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  • gauravsh
    03-28 01:13 PM
    Thanks,
    I talked to a CPA and he said as long as I submitted the tax returns it should be fine.

    My address on salary slip was of california but they never deducted any taxes for CA.





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  • lostinbeta
    10-15 10:42 PM
    Very excellent, I have other grunge brushes, but these will come in handy.

    =)

    Thanks no-tec :)





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  • njdude26
    04-08 05:08 PM
    Then what do you do if you dont have a candian permit ??
    Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as

    1. your stay in canada is not more than 30 days
    2. you did not appear for the visa interview (@US consulate) in canada.
    3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.

    This is called as "Automatica visa Revalidation" rule.

    In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).

    --HumHongeKamiyab





    485Mbe4001
    09-14 06:48 PM
    :D we could hold town hall meetings and discuss this issue, unfortunately we dont have the taxpayers money to blow...
    my guess, nothing will happen till november.. they are all posturing for votes at the moment. After november they will all go with the ones who lobby the most :eek:

    Who will help us? Dems or Reps?
    SKILL is introduced by Reps in both houses. Anybody has any
    idea what Dems think about SKILL? Its all confusing to me.
    If Dems take congress, I think they may not worry about SKILL
    since there is no bipartisan support for the moment. What you guys
    think of it?





    jungalee43
    01-10 08:12 AM
    I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.

    Here are contact details: -

    Murali Bashyam - Managing Partner
    Bashyam Spiro & Edgerton LLP - Immigration Law Group
    www.bashyamspiro.com
    919 833-0840 x28
    919 833-4722 fax



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