samcam
05-19 01:22 PM
welcome to our newest member ddl..
raajpagare
04-09 05:00 PM
This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.
I am not sure what purpose do we serve by being rude to somebody on the forum. People might not be as savvy about immigration as some of the regulars here and it never hurts to ask.
From my owen experience, I went to Puerto Rico and everybody told me you dont need a passport to go there. While boarding the plane back from PR, a couple of CBP guys acame and started asking everybodies citzenship and then asked me to show them the visa. So it never hurts to be safe, even when u are travelling to a remote state or territory.
I am not sure what purpose do we serve by being rude to somebody on the forum. People might not be as savvy about immigration as some of the regulars here and it never hurts to ask.
From my owen experience, I went to Puerto Rico and everybody told me you dont need a passport to go there. While boarding the plane back from PR, a couple of CBP guys acame and started asking everybodies citzenship and then asked me to show them the visa. So it never hurts to be safe, even when u are travelling to a remote state or territory.
vinzak
01-04 11:34 PM
This is how they could have replied. They should have started a 10 Rs. Education cess on every McDonald burger sold and every Pepsi/Coke bottle sold and every pizza sold by pizza hut & Dominos. This is barely anything, as it is only what we see on the surface, other big corporation like Walmart and several defense contractors are also operating freely and feeling home. Indian govt. should start taxing them..
America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..
When it comes to shaking down foreign companies, the Indian govt. is way ahead of the US govt. The Indian govt is suing Vodafone for acquiring Orange and Kraft for acquiring Cadbury insisting that these companies should have done a tax deduction at source when buying these companies. Meaning that if Kraft bought Cadbury for $100mill, they should have paid only $70 mill and sent the $30 mill check to the govt.
Look it up, and you'll realize that any government in the world will shake anyone down for some extra money, not because it's right but BECAUSE THEY CAN!!!
America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..
When it comes to shaking down foreign companies, the Indian govt. is way ahead of the US govt. The Indian govt is suing Vodafone for acquiring Orange and Kraft for acquiring Cadbury insisting that these companies should have done a tax deduction at source when buying these companies. Meaning that if Kraft bought Cadbury for $100mill, they should have paid only $70 mill and sent the $30 mill check to the govt.
Look it up, and you'll realize that any government in the world will shake anyone down for some extra money, not because it's right but BECAUSE THEY CAN!!!
willgetgc2005
03-22 07:38 PM
We have prepared a new document for public release analyzing this problem.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
sent to my attorney. Hope they understand it :--))
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
sent to my attorney. Hope they understand it :--))
more...
tigerlibra
09-28 04:31 PM
Would greatly appreciate some advice regarding my fiancee.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
Vijh1
04-30 08:50 AM
Indian employer sent experience letter only after I officially resigned. That experience letter shows as an employee including our stay here in H4. We can't change the letter. This is happened to many of my friend's spouses. No question asked. If this is not the case no one will get the H1B approval.
more...
hojo
09-06 03:15 PM
whoa, also very nice text on the footer, having it upside down. didnt even make out what that was until just now, again looks great.
thanks for the tutorials above, hopefully i'll have a footer worth posting about soon, heh
thanks for the tutorials above, hopefully i'll have a footer worth posting about soon, heh
waiting4gc02
11-15 03:30 PM
Guys:
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.
I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!
I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.
I appreciate your time and good luck to all to get the GC as soon as possible.
Thanks
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.
I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!
I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.
I appreciate your time and good luck to all to get the GC as soon as possible.
Thanks
more...
vijayam
09-15 05:34 PM
Thank you for the reply.
I did my Master's here.
And I will also make sure to check if we need a BS or MS for my Job. I sure applied for my job on my Master's basis.
---Vijaya.
I did my Master's here.
And I will also make sure to check if we need a BS or MS for my Job. I sure applied for my job on my Master's basis.
---Vijaya.
sripk
05-17 02:24 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
more...
shubhn
05-27 02:57 PM
I applied for my 7th year H1-B extension in March (Mat 14th) and received a WAC case number. As per the USCIS case search, It was approved last week. But I have not yet seen any confirmation from my attorney.
sircaustic
07-24 09:15 AM
???
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avi101
07-11 11:29 AM
Well said, logiclife. But from what I know, such employers just open up another company, not in their name, but their spouse or sibling or such and operate behind the scenes until its safe to come out. Other strategies they employ, send payment checks to employees old address on file knowing for sure that its gonna come back thereby delaying the process more.
The other side to the coin is that many times benching is an unholy marriage of convenience between the employer and employee. Employee does not want to go back and does not want H1 revoked and stickes a deal with employer. So its not always the employer at fault.
The other side to the coin is that many times benching is an unholy marriage of convenience between the employer and employee. Employee does not want to go back and does not want H1 revoked and stickes a deal with employer. So its not always the employer at fault.
ebizash
08-03 01:39 PM
Panky,
Copy the text from Pappu's post. Go to Edit Signature option under User CP. Paste your copied text in the box. Now highlight "contributing to immigrationvoice" and then click on "globe-like" button right below "smily" button. This will pop-up the hyperlink box. Type of copy this in to the box "http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44"]contributing to immigrationvoice"
Copy the text from Pappu's post. Go to Edit Signature option under User CP. Paste your copied text in the box. Now highlight "contributing to immigrationvoice" and then click on "globe-like" button right below "smily" button. This will pop-up the hyperlink box. Type of copy this in to the box "http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44"]contributing to immigrationvoice"
more...
Desertfox
02-07 06:33 PM
desi3933, Thank you so much for posting this document. I will keep a copy of this with me while travelling through the border cities.
I understand that "AOS Pending" is nothing but an authorized period of stay, but thats all you need to get resident tuition fee from a state University, if you have been a state resident for 12 months. AOS applicants are also entitled to federal student loan once there is a parolee stamp on I-94. My wife recently transferred from a community college to a State University for an undergraduate degree and she just submitted I-485 receipt to get resident tuition. Even this University website has "I-485 Receipt Notice" listed as acceptable document in proof of resident status. I was quite surprised when my application was denied resident status by this other University. I am filing an official complaint with the Department of Justice as advised by my Congressman's office.
I understand that "AOS Pending" is nothing but an authorized period of stay, but thats all you need to get resident tuition fee from a state University, if you have been a state resident for 12 months. AOS applicants are also entitled to federal student loan once there is a parolee stamp on I-94. My wife recently transferred from a community college to a State University for an undergraduate degree and she just submitted I-485 receipt to get resident tuition. Even this University website has "I-485 Receipt Notice" listed as acceptable document in proof of resident status. I was quite surprised when my application was denied resident status by this other University. I am filing an official complaint with the Department of Justice as advised by my Congressman's office.
alvin
01-18 11:01 PM
As far as I know:
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
more...
chantu
06-19 09:35 AM
my mom gave up her green card back in early 80's and she has had no problems what so ever in getting vistors visa since then (in fact it made it easier to get vistors visa (for the entire family) because it clearly shows no intention of migrating to US).
Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D
Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D
lalithkx
08-19 11:54 AM
Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
Yes, My I-140 is still pending but both me and my wife got 2 year EAD.
I think they changed their policy at their convenience.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
Yes, My I-140 is still pending but both me and my wife got 2 year EAD.
I think they changed their policy at their convenience.
tikka
05-30 08:51 PM
ramus
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
depends on the state you select- it goes to those senators.
to send to all 50 you need to select each state
thank you
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
depends on the state you select- it goes to those senators.
to send to all 50 you need to select each state
thank you
gimme_gc_asap
06-19 10:55 PM
Be cool my babies....
Be nice to the guy
It may or may not. No one knows. Dont act like you know it all!!
Be nice to the guy
It may or may not. No one knows. Dont act like you know it all!!
MYGC2008
07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
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