Friday, July 1, 2011

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  • GCwaitforever
    06-22 03:18 PM
    Your friend has to wait till he gets his citizenship. A GC holder can only sponsor someone to visit, but can't sponsor another person for GC. A citizen surely can. I heard that an immigrant could apply to USCIS to grant spouse also a GC based on hardship grounds. But I would not bet on largesse of USCIS. It is a headache dealing with bureaucrats, lawyers and appeals.

    If your friend had a traditional marriage (Church/Temple/Mosque etc ...) and not registered it or just an engagement, it should be fine. There is a risk that your friend's (would-be) wife might be denied entry into USA based on marriage to an immigrant. F-1 VISA holders are not supposed to have immigration intent.

    Once his (would-be) wife lands here, your friend should have a registered marriage in USA. She has to continue on F-1 VISA till he gets his Citizenship.

    There was a V VISA provision which expired as of December 2001 or 2000. This would have allowed GC holders to bring their spouses on V VISA. Ask your friend to join the groups which campaign for this provision. :)





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  • irukandji
    02-12 09:55 AM
    Thanks fromnaija, If she maintains any non-immigrant visa she can be added without any 'follow-to-join' petetion right i.e., she can be added to my 485 just like the normal process when my PD becomes current.





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  • ivuser9
    09-11 01:11 PM
    As far as I know both the client and vendor letters should state the same and it is good if you have it for 3years.

    At least see if your manager is willing to give you the letter on company letter head.

    Good luck





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  • auvrm
    05-18 06:18 PM
    (I'm a new member to this forum)

    My H1B extension was approved for only 6 months, based on the SOW (Client Contract) end date (rather than the usual 3 year extension).

    I would be just about in my maternity leave for the pregnancy during the petition expiry and if my further extension is denied (god forbid), I was told that I would be terminated from my employers' payroll and I have to leave the country or change my status to Student, Visitor etc.

    FYI: I'm working for this company since Oct 2005.

    Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?



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  • Gravitation
    06-05 09:19 AM
    They're not doing it in any order.

    Keep checking your status here: http://pds.pbls.doleta.gov/





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  • snhn
    07-14 03:59 PM
    mine was 3 years ago. i got a respond from them in favor of me in about a month. however USCIS status page still shows as pending. Go figure.



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  • amitga
    01-15 09:18 PM
    Atleast they should allow that.





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  • mallikonnet
    07-18 07:03 PM
    please put ' before the url
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f3fe194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD


    IF YOU CANT GET WITH THIS LINK GO TO USCIS.GOV THEN FORMS THEN E FILING ON LEFT HAND SIDE THEN CURRENTLY AVAILBLE E-FILINGS



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  • wandmaker
    07-27 01:11 PM
    Every time I call USCIS to inquire if my I-140 is filled under EB2 or EB3. They ask me to ask my lawyer or employer to call. They won't tell me. I do have a copy of I-140 that states it is Eb2 (Advance degree and all)
    I cannot ask my previous enployer to call as I have left the company using AC21.
    Please advise what is the solution?

    EB2, if your I-140 approval reads as "Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability Sec.203(b) (2)" You should be worried only if you had two different 140 with the same employer. Take infopass and give a try, there is no standard procedure to find out.





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  • bhagat69
    03-06 05:41 PM
    Hi, I am actually in a similar boat as you. Though I have an April 2006 PD for EB3 and am now on EAD as well.

    Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?

    Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.

    Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.

    I will really appreciate someone who has experience with these issues to advise me on them.



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  • nda050325
    03-11 12:41 PM
    Hi,
    There is likely to be a change in my reporting manager. My current reporting manager will still be in the company in a new role, but I will be reporting to a new manager.

    My PERM application (LC) was filed in mid Jan '09, and is still being processed. I would like to know if this will affect my PERM application in any way.

    Nothing else has changed since i took up this position, same title, salary, location etc.,

    I have not found much info on this topic and so, decided to post this question.Thanks in advance for your replies.





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  • ashkam
    08-02 08:07 AM
    If the I-94 was not given a full year's validity due to passport expiring within a year, Is the I-94 still valid after its expiry?



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  • beautyelements
    04-12 03:19 PM
    Deleted!





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  • ronhira
    06-08 11:41 AM
    There is one way to find out if CIR is any good for EB - by looking at the bill when it is proposed bill and amendments. It will be suicidal to assume that CIR is somehow bad for us, and incriminate any effort for CIR. My point earlier was not that CIR is bad for EB, but about the actual reason for Sen. Reid's recent comments, just to set the expectations straight.



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  • gc_chahiye
    06-07 12:22 PM
    if 6 years completed without an LC/I-140, then if someone moves to H4, does LC+I_140 in say 5-6 months, can he/she come back to H1 (3 year extension?)





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  • Blog Feeds
    06-13 05:40 PM
    Last week I attended the Annual Immigration Lawyers conference in Las Vegas. During the conference, government officials spent some time to update the attendees of the most recent information and upcoming changes.

    It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.

    The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.

    USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.




    More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)



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  • manishcp
    09-09 06:49 AM
    My friend do not dream for EB3 approval until EB-2 get current. I lost my hope for GC just use EAD.





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  • abhicyber
    10-23 12:20 AM
    ^^





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  • Sheetal_MA
    12-03 11:20 AM
    My cousin is getting married to a US citizen in February 2009. I want to get information about K3 visa for spouse of US citizen. My questions are:

    1. I have heard that it takes long time to get K3 visa, is that true?

    Yes it is true that the K3 visa may take a year and the spouse must remain in the home country during that time.

    2. If the above statement is true then what other visa option is best for her, visitor or fiance visa (K1 visa)?

    She can try for K1 visa but it must be filed now and she must come to the US before marriage. The K1 visa processing can take a few months so your cousin may be running out of time.

    3. Is it necessary that immigrant visa petition (greencard) is in process before applying for K3 visa?

    The K3 is the greencard process and it can only be filed after the marriage has occurred.

    Thank you all in advance for your help!!!!





    glus
    09-07 02:02 PM
    Even if they do issue an update today..so what? It means nothing. NSC issued an update it finished receipting July2nd filers 2 weeks back, and even today July 2nd filers get checks cashed.....





    chanduv23
    07-15 07:32 AM
    Found this interesting information on the shusterman.com.

    "The next day, Representative Tom Lantos (D-CA) introduced the "Health Improvement and Professionals Act of 2005" (H.R. 139). The bill proposes to "recapture" over 130,000 immigrant visas lost due to bureaucratic inertia during 2001, 2002, 2003 and 2004."

    Complete article can be found in:
    http://www.shusterman.com/feb05.html


    Any updates or insights into the above article....

    Contribution so far: $50.

    Looks like its old stuff