Wednesday, June 8, 2011

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  • eb3_nepa
    02-12 10:46 AM
    Hi,

    I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?

    Thanks





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  • Aura M.
    02-21 03:24 PM
    I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
    There is any body that faced a similar situation, Please advised�. what to do!!!!
    Thank u.





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  • malibuguy007
    10-01 08:57 PM
    Come on everyone, I know ;) you have not spent it all just yet - it is still the 1st of the month. Loosen those purse strings a little and contribute to the community which is always there to help you when you have questions and need suggestions.





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  • sparky_jones
    02-18 04:15 PM
    I have my first GC interview next month. I had a DUI few years back that I forgot to mention in the 485 app as I thought this was a traffic related offense. I want to know what are my options now? My lawyer suggests I file for some kind of waiver and suggests I take an attorney with me to the interview. She also asked me to get court certified copies of the conviction and that I completed all the required tasks assigned by the court.
    Is this going to affect my GC in anyway? I need some guidance here.

    Did the interview request from USCIS specifically mention the DUI?

    Here's some information that might help you understand your situation better: http://www.californiadui.com/articles/immigration-issues-of-dui.php

    I think it's not the prior DUI conviction, but the failure to disclose the prior DUI conviction that poses a potential problem. However, this is not something that cannot be taken care of with the help of an experienced attorney. There are numerous folks who have found themselves in a similar situation and have gone on to successfully get their GC. I agree with the advice provided by the gentleman above.



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  • scorpioca
    05-19 09:38 PM
    Yeah, I have proof of Nepal. My mom still has properties and farm land in nepal.

    I read at few forums that Indian consultate does not entertain changing place or date of birth? are there any exceptions to that? Or have they changed policies?
    Has anyone been able to change the place of birth?


    Thanks





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  • go_guy123
    01-20 03:55 PM
    Nearly half of H1B visa holders from India: US report - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/nearly-half-of-h1b-visa-holders-from-india-us-report/articleshow/7290694.cms)

    At this rate...after couple of years the GC backlog will only be restricted to EB-India



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  • dealsnet
    10-23 10:02 AM
    Can we please close this thread? There are already several going


    No thread for approval cases. Most of the discussion was on receipt thread. So it is better to serve this purpose.





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  • dealsnet
    01-13 02:12 PM
    You can amend the same petition. Tell your company to contact a lawyer to do that. They need to pay $200 fee and lawyer fee. May be needed new LCA for latest salary requirement. With the amended approval, you can stamp for the visa.
    You can say studies (advanced) or sick (family or you ) as the reasons for not take up the position.

    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex



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  • RDB
    12-21 11:03 AM
    A1. Yes, they will interview you together.
    A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
    A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
    A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.

    Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).

    Hope this helps.

    Hello Everybody,

    My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,

    Couple of questions -
    Will they interview my wife & I together ?
    Is it advisable to take the immigration attorney with us for the interview.?
    Can the IO approve the case on the spot.?
    Can IO stamp the passport since my PD is current.?

    If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.

    Thanks!

    Ritesh





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  • virtual55
    05-02 04:45 PM
    Guys,

    Please signup for monthly recurring contribution. Now it is critical time for all IV members, so atleast contribute now and make the job easy for core members. $20 contribution monthly can make lot of difference for the core team to pay bill's for lobbying and get the job done.

    for eg: $20*2000 members(we have more than 11000 members currently) = $40,000 per month

    Think on it, you are contributing for your future.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44



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  • saps
    01-08 07:06 PM
    Most likely, I might be moving into a new apartment next month. My EAD and AP are due for filing for extensions. Is it really necessary to file EAD and AP renewals in continuity? Can I wait and file the renewals after I move and have the new address information? This means that I might not get the renewed EAD and AP before my previous ones expire. I am currenly on H1-B and have not used EAD and not planning to use EAD and AP in near future.
    Any help is really appreciated.





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  • ImmiLosers
    12-23 06:14 PM
    Hi,

    Can I apply for AC 21 and H1B Transfer (to the new employer) together so that I can maintain my H1 status plus EAD/AP?



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  • kaisersose
    06-14 10:16 AM
    I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.

    That is good, but be prepared for the possiblity of the company changing its plan to rent your place, at some point. Hopefully, it never happens, but just be prepared anyway.

    How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(

    CPA question.

    Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?

    I bought a home a couple of months ago with a 2007 PD and had no trouble at all with mortgage.

    did you guys specified non resident alien in your mortgage application and did it have any affect on rates?

    No impact.





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  • uma001
    06-23 09:10 AM
    Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

    While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

    I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

    Could someone please advice?

    Thank you.

    I feel sorry for you. I came to US on H1 in 1998.Did not file green card and left US in 2004 came back again in 2006 on H1. Still have not filed green card.



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  • talduk
    March 27th, 2005, 01:28 AM
    Thanks all for your kind assistance.

    After consulting with another owner of a D-100 (which I accidently met on the street) it seems that the problem is indeed power source related.
    I do a six normal batteries and when I replaced it all went well.

    One more thing.
    Do u guys know a 4gb memory cerd (Hitachi's). The camera display is different when I use this card and an original (much smaller) one.
    When using the 4gb card I can't see the number of photos left. Is this normal?
    Is the card infected with some virus? Or maybe I received some cheap used card ?
    Thanks,
    David.





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  • sunnymit
    08-10 03:42 PM
    You are right that to get registered in US I would have to marry in US. That's why I was asking if I even need to get it registered in US to file for my green card. Response I got on this forum was Indian registration certificate is fine.

    I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.

    Thanks,
    Dinesh

    I think you will be fine as long as the marriage happened before your 485 got approved - which in your case is true. However, IMO since your wife is not here in US right now, you will need to do file her AOS via consular processing...



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  • ganguteli
    02-27 01:42 PM
    IMO, you should spend the money yourself instead of depending on the company for GC expenses...

    Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.

    As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...

    In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...

    Why are you giving illegal advice on the forum.
    GC and H1 is employer application and employer should pay for it. It is the law.





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  • gc_on_demand
    08-06 03:05 PM
    Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?

    A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:

    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, prenatal care, etc.), other support for institutionalization for long-term 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 Breakfast programs, and other supplementary and emergency food assistance programs:

    Housing assistance
    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, 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).


    Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?

    A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.

    Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.

    I just want to see if some has same or simillar situation..





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  • tempy
    09-22 09:09 AM
    Thanks, yes our last names were different.
    I told the postman.
    Its been more than 2 weeks and I didnt get any response from USCIS after updating the address.It still shows initial review.

    Does anyone know how long it would take for the USCIS to resend the card?

    I'm in a similar situation and I opened an SR today. Did you see any movement?

    Thanks,





    roseball
    02-09 03:20 PM
    Roseball,

    I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.

    HRPRO

    Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.





    PD_Dec2002
    06-24 12:28 PM
    I agree with you.

    We are apply independently since both of us are in H1B status
    I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
    However; we are working out with our parents to get married and register in India, but unsure when this will happen.
    You�re Thoughts please?

    I have no knowledge on this subject so I can't help you out here. As Ramba also said, seek legal help. Also, if getting married is important to you, your partner, and you are sure about your relationship, and if you guys are getting it done in India anyways, why not get a court marriage here ASAP before filing for your I-485.

    From a GC perspective, it "might" be better to have one I-485 application with spouse as the beneficiary rather than pursuing two I-485s independently.

    Good luck.

    Thanks,
    Jayant



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