Wednesday, June 29, 2011

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  • JazzByTheBay
    11-28 11:47 AM
    I visited the country first ~8 yrs ago as a visitor. I got a job offer from a desi company and they filed for my H1. I was never informed about status of the H1 petition. I was informed I am in status and it was OK to stay longer than the time allowed by my I-94 (in a visitor status).

    In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.

    Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.

    I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.

    I recently learnt from someone that the petition was in fact approved.

    I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.

    Questions:
    1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
    2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
    3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?

    Thanks,
    Jazz




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  • sprash
    11-03 02:02 PM
    Well there are plenty of Credit Unions who offer better rates if you do a little dance for them. They offer high interest checking accounts if you do x number of debit transaction and 1 ACH (direct deposit) etc. I have accounts with 2 such CUs (ADvantis & Oregon Community CU) which give me 3.0 & 2.9% respectively.

    I'd rather use those debit cards that give me a good interest rate on my SAVINGS than credit cards (like chase) who give me 2-3% on my SPENDING.




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  • cr52401
    04-23 11:35 PM
    Guys,
    I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
    Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
    Do you recemmend me to call service center or go for infopass?

    Thanks.




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  • rameshk75
    09-03 09:10 AM
    Can someone post the answers for the below questions:

    - List of documents to be sent for AP Paper based Renewal
    - I live in VA, to which service center should i send the documents?
    - My AP expires on 01/07/2009. How early can i apply for the renewal?
    - Should i answer the QUESTION 4 from I-131 document?
    Have you ever before been issued a reentry permit or refugee travel?

    Thanks in advacne.



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  • maximus777
    06-05 03:32 PM
    Former president's Bill Clinton and George W. Bush were both in Canada last week. Neither one of them knew that you now require a passport to re-enter the U.S. as of June 1st, from Canada. That should give you an idea of just how tuned in these people are.

    Give them a break man! They are senile old men at this point :D




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  • gcformeornot
    12-04 07:25 AM
    Indeed the consulate websites are confusing. Anyway I found the NOC form.
    My daughter had 5 year passport which is expiring soon. So you have to apply for new passport.

    Thanks again.



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  • immiuser123
    07-18 03:22 AM
    It depends on how many cases that will be pending approval on October after the surge of applications this July and August.

    I think it wouldn't be current for some countries specifically India and China.

    Thanks for the reply
    So, you mean they will use next year quota also for people filing in July and Aug




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  • gimme_GC2006
    07-11 02:47 PM
    All,

    Per Aug 2008 Bulletin, my dates are current.

    But My and My spouse's 485 is transferred to NBC sometime back (we never heard anything)
    My daughters 485 is still at TSC.

    Anyone know, whats gonna happen now?

    I get a feeling that, our apps will be laying eggs while dates are current :mad:



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  • gk_2000
    11-05 04:46 PM
    There are easily 100000 of us here in the line. If we are all given GC's would it work in the national interest?
    Specifically, there are three tests for national interest. Refer to this link for a more comprehensive explanation:
    Miller Mayer - National Interest Waivers (http://www.millermayer.com/Immigration/ImmigrantVisas/NationalInterestWaiver/NationalInterestWaivers/tabid/224/Default.aspx)

    1: Work of "Substantive Intrinsic merit": Basically any work is bound to have some merit, and can probably be quantified to prove that it is potentially worth billions
    2: National in scope: Any work done that can be replicated all over the country and benefit a lot of people, or applied everywhere
    3: Applicant should be more productive than his colleagues

    Collectively, do we meet these criteria? Point by point:
    1. Gather details of each and every one's project, past and present, and state the intrinsic merits
    2. Include explanations on how the projects and technologies, if or when applied globally, would make a difference
    3. Maybe, if you have an approved labor, this can be taken care of

    And if we include all of our applications as one, and mention the economic benefits of our migrating, and submit a single application, or several as a whole, do we stand a chance of getting approved for a GC based on National Interest Waiver?

    In principle, do you believe that our immigration is in the national interest?




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  • MA_Labor
    09-10 11:15 AM
    To answer your second question, yes, the employer can revoke your I-140 petition which could result in denial of I-485 application. You are only covered under AC21 if your I-485 has been pending for more than 180 days as the previous poster suggested.



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  • martinvisalaw
    06-05 05:13 PM
    SEE MY ANSWERS BELOW IN CAPS.

    1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen?

    YES

    if so, will the priority date be same or it will be new once converted to F1 category.

    IT WILL STAY THE SAME.

    2. Can I apply for both family based and employment based in parallel?

    YES, THIS IS COMMON.

    if it is not possible which path should I select? Will the employment based GC will be faster of family based?

    FAMILY-BASED AS THE UNMARRIED CHILD OF A US CITIZEN IS PROBABLY FASTER, ASSUMING YOU ARE FROM INDIA.




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  • flyfishertoo
    September 25th, 2005, 05:27 PM
    Thanks for all the comments.

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    DyersEve
    09-30 07:34 PM
    Well can someone just tell me if this is cool or just plain stupid cause i cant decide for myself, and then give a little reason cause i would like to know what to improve. Thanks.

    http://teamnerd.tripod.com/random/electricity.txt



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  • Dipika
    05-17 12:00 PM
    If you don't have photo copy then ask your lawyer, they always keeps copy of 485 documents before sending to USCIS. you should be able to get another one from India.


    Hi folks,

    My baddest of the bad phases started recently when I lost my wife's birth certificate from India. Worst part is we dont have backup (no photo copies of it).

    Anyways, We are waiting in the 485 queue, working on EADs. Question to all folks, do still need birth certificate now for the green card process, as we have already sent the application?

    And how bad it is with redtape/corruption in India, to get another birth certificate from my wife's birth hospital, when we try by ourselves (I mean not involving our/her parents), when we visit India next time (maybe for a month)?

    Appreciate your responses..




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  • jambapamba
    07-23 07:53 AM
    I just read somewhere...that if I do not file by I140 by July 31 the i lose chance to file I485 by august 17..which i could file anyway together if I have to file it by July31..Is this true..

    the reason being that I am waiting for the hard copy of Labor Approval and the only thing I have is Cover letter copy..I do not want to miss chance

    My PD is Oct 2001

    Please please let me know!!

    DB

    I think its only for labor exempt cases. Since your PD is 2001...u r fine to file by aug17th
    Some people here say LC must be cleared by July 31st...so u r fine that way too. Your LC will say a approval date in July...so u r ok...(eventhough some argue that its not important)



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  • cheg
    07-23 08:15 PM
    I'm assuming too that your husband is the primary applicant for the I-485. Does your husband have his I-140 approved because if he does then I believe he can file for 3 year extension? In my opinion, it's good to have your H1 or H4 intact just in case something happens to your application. I also think that having EAD and AP also benefits you for emergency purposes. Hope this helps!




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  • gtg506p
    01-07 10:24 AM
    Had a quick question. Not sure if this has been discussed before. Planning to get wife here on H4 and she wants to study. I have applied for 485 and in retro now. Is it advisable to study on H4 or F1? I know she can work on F1 but would that not be advisable since lets say the VB does become current in future for me then filing her 485 might be a problem since F1 is pure non immigrant and USCIS might hold it againt her. Any info/simlar situations greatly appreciated.
    Thanks
    Amar



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




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  • go_guy123
    01-05 12:51 PM
    Now this is hardball.

    More... (http://blogs.ilw.com/gregsiskind/2010/01/hispanic-congressmen-threaten-to-bring-down-health-care-reform-if-immigration-ignored.html)

    This is the classic example of the democratic party as described by conservatives:

    Democratic party is "A group of warring tribes united for the common purpose of plunder"

    democratic party bunch of warring tribes - Google Search (http://www.google.ca/search?q=democratic+party+bunch+of+warring+tribes&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a)

    Republican party inspite of its problems is generally united




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  • sai
    03-27 09:08 PM
    what would be the likely effect of this ?




    msp1976
    04-05 04:15 PM
    My wife's H1 ends and before it expires she is leaving for home country, there she will apply for h4 to come back on.

    Do we need to file change of status form for her?
    Thank you,

    No....
    as long as she is in US she is on H1
    in home country She gets H4 stamp..When she enters US again she gets H4 status..

    No need to file another change of status...




    DUNBAR
    01-22 07:32 PM
    Thanks for replying back. I dont think we would need a change in legislaturel for USCIS to start accepting i-485 applications, when the PD's are not current. I'm sure there must be a way we are just not thinking differently. If we were talking about getting the GC, then yes we would need a change in the legislative process via or bill and so the hopes from CIR. Currently EAD does not mandate a need to prove an employer-employee relationship during renewal or issuance as in the case of a H-1B application.



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