2011년 6월 26일 일요일

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  • gg_ny
    08-30 11:54 AM
    qualified_trash is correct: call your lawyer and discuss with him or her.

    The point to note is this: When you apply for extension, you send your current i-94 copy. After sending the application in, when you travel, you get new i-94 and a new stamp in your passport. After you come back, you get your extension approved. Say you go to get your visa stamped based on your extension approval: if the consular is an astute observer, the fact that you travelled while your petition is pending will become obvious, which may lead to problems. USCIS assumes that you would not be travelling but doesn't USUALLY pause to check it with you. That is the job for the consulars who give you the stamp or those at the port of entry. Most probably, you might be asked to give copies of all the past i-94. In the case of ASHISMAITY it would be interesting to know whether that person got the stamp updated. Of course, the answer is going to add to your confusion unless you ask your lawyer.




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  • puja101
    07-11 01:24 PM
    I received RFE today that says" your application contained form I-693 in which the required TB skin test was not conducted. Please note there may be conflicting information on some published form I-693 instructions regarding when the chest X ray Report should be performed. It is required only when the TB skin test indicates a reaction equal to greater than 5 mm, or when the reason for why the TB skin test is medically inappropriate to perform has been annotated on theform I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.

    On Form I-485 Part3 C list present and past membership in or affliation with every organization, fund.......If none, write "NONE" or include name of organization.....Provide your answer on the photocopy of FormI-485 (enclosed) with your signiture and the date next to your answer"

    I did TB skin test in 2007 that came negative and it appears to me, civil surgeon did not updated results on I-693 form. Today, I got sealed envelop from doctor and she has updated TB test results conducted in 2007 on new I-693 form. Is that ok or I need to do new TB skin test? Please let me know.

    On checking copy of original I-485, I had answered Part3 C with "NON" instead of "NONE".I have few questions on this:

    1.Visa Office did not enclose photo copy of Form I-485 as was stated in the RFE letter.Should I send photo copy of original I-485 with correction and signiture on it?

    2. Do I need to send them only this page of Form I-485 or complete I-485 form?
    Please help.




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  • Marphad
    03-31 09:46 AM
    Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.

    no updates online just received postal mail from USCIS today .

    I guess end of long wait , been in country from 2001 .

    I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .

    FYI - I dont know if my back ground check is clear or not , I guess it is .

    Congratulations!




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  • freddy22
    07-20 09:34 AM
    The Board of Immigration Appeals has ruled, in a unanimous, en banc decision, that an adjudication of youthful offender status under New York law does not constitute a judgment of conviction for a crime under the Immigration and Nationality Act. The BIA also held that the respondent's subsequent resentencing following a probation violation did not convert the youthful offender violation into a judgment of conviction. The ruling confirms that the enactment of a statutory definition of "conviction" (INA � 101(a)(48)(A)) as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) did not affect longstanding BIA precedent holding that juvenile delinquency offenses do not constitute convictions under the INA.



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  • rayoflight
    12-21 01:51 PM
    Have you contributed to the MILLION dollar drive? Please visit the funding thread!

    Thanks for asking Pushkar. I did.




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  • Dustinthewind
    01-04 12:33 AM
    Everyone -

    I've been going through my own immigration issues like everyone else in this forum. It is really sad to see that immigration bills such as the Visa Re-Capture and others that would have been greatly beneficial to us are making little to no progress. I've been thinking about a way to make a difference for a long time but felt helpless.

    It is difficult to shed light on our problems in the media in a way that others (who are not in our situation) can at-least think about the struggles we go through. I'm sure everyone has been contributing in their own way to make our voices heard.

    Today, I'm happy to share our small contribution to our issues. We are making a film called "Promise Land" to be released in Spring/Summer 2011 time frame. It's about the struggles that immigrants go through despite being legal and following the law. The film has multiple story lines dealing with family based immigration and employment based immigration.

    Of course we would love to tell everyone's stories, but in 1 hour 30 mins we can only do so much. So we have attempted to share stories from our personal experience.

    I hope that this movie is at-least a step in the right direction. We just released the trailer on Saturday. You can watch it at:
    Videos Posted by Promise Land: Promise Land First Look Teaser [HD] | Facebook (http://www.facebook.com/video/video.php?v=911423233492)

    OR on You Tube at:

    YouTube - Promise Land First Look Teaser (http://www.youtube.com/watch?v=B7b3YogQ06M&hd=1)

    Please show your support for this film by clicking on "Like" at Promise Land | Facebook (http://www.facebook.com/PromiseLandFilm)

    Thank you so much. I appreciate it.

    I wish everyone Happy New Year and hope that the day when you won't have to worry about immigration issues is just around the corner.



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  • joydiptac
    05-25 02:01 PM
    Apply for AP - 350 bucks. If you application is valid - you will get it.
    Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
    Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
    All the best!




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  • fcres
    07-12 04:43 PM
    I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.

    This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.



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  • s416504
    10-11 03:47 PM
    I recently filed 3 year H1B extention and My lawyer asked me following list of things ...
    a. a copy of your updated CV/resume.
    b. Copy of your earlier H-1B and I-797 approval
    c. Copy of your I-140 I-797 approval notice.
    d. Copy of I-485 I-797 fee receipts for you and each family member.
    e. Very clear copy of each family members' passports ID/expiration page (preferably color).
    f. Very clear copy of each family members' most recent US visa (preferably color) and their I-94s.
    g. Copy of EAD and advance paroles for you and each family member.

    That indicated USCIS may be looking at I140 as well as I485.
    So there is no clear cut answer for your question. I guess Your H1B extention could be risky..

    Other question for you... You said Your I140 approved in Jan-2009 & job changed in Feb-2009.
    I am not sure, For AC21, 180 days counted from I140 approved date OR I485 filed date. If that's from I-485 filed date, Looks you are safe for your H1B extention.

    I still advice you to use well know attorney (Khanna/Murthy) for this type of critical questions.




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  • jediknight
    12-19 04:01 AM
    Given the current state of affairs, its only to be expected because people like you and me are actually displacing some jobs whether we admit it or not.


    If we were not present there would not be jobs for the current american colleagues of ours.

    If Andy Grove was not allowed to immigrate, there would be no Intel in the USA.

    If Sergey Brin was not allowed to immigrate, there would be no Google in the USA.

    If Charles Simonyi and others was not allowed to immigrate, there would be no Xerox Star, no Mac and no Windows in the USA.

    If .. <Add other names here>> there would be no Silicon Valley.

    I and other outsiders have created countless jobs and maintained America's technological superiority.

    ... So I respectfully disagree with your statement about us displacing jobs :)

    - JK



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  • nk2006
    05-03 08:01 AM
    If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.

    You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.

    To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)

    So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.

    So pray that congress does not fix the retrogression problem until you get your three year extension :)

    You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.

    The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.

    Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)




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  • sundevil
    06-23 04:08 PM
    This is not that straight forward either. Family reunification bills also linked family based immigration to this and very likely run into the same battle between pro-business and pro-family(more so of pro-any-immigration, legal or otherwise) legislators. I spoke to an official in Sen. Cornyn's office and they were of the opinion that he might not support that bill as a whole, while he has been very pro-business STEM bill architect and is ok with the recapture of unused EB visas.
    Also, at that time they did not have a plan to re-introduce STEM bill or any flavor of it.

    We have a huge mountain in front of us and will need a lot of work to get any of these bills to even make it to the floor for discussion let alone pass. Ultimately that is our challenge after CIR dies (or never wakes up) to make these piece meal bills a higher priority in a sea of high priority/publicized legislations.

    I take this as another posiitve.

    Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.

    Agree with u guys lets push for the family reunification bill.



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  • iqube00
    04-24 01:48 PM
    my EAD is about to expire on may 6th. I applied for EAD renewal in january , i had around 90 days. My application package along with the cheque came back to me after 1month because I forgot to sign the application form.. Dumb right....
    Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
    Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!

    You are lucky. My EAD has expired and I sent an expedite request through my local congressman. They denied my request saying that they will not expedite because the 90 day window was not up yet.




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  • BornConfused
    07-03 11:01 AM
    LOL!

    You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???

    It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!
    Of course I want this in the media, it SHOULD be in the media, it's pathetic that it isn't. Shows how little they care about new immigrants considering how most of us are very skilled workers and deserve this.
    I am sending a message to my local fox news and if I have time maybe I will mail other news media at their websites-just to inform them about this. THAT is better than sending USCIS flowers. And it's still a Ghandi-esque protest.



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  • kondur_007
    09-21 10:45 AM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble

    I agree with all of the above advises and add one more thing:

    Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.

    In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
    Good Luck.




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  • satyab7
    05-03 08:49 PM
    Interesting analysis , can any one be able to relate this to backlog centers, retrogression , priority dates ect.



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  • neelu
    02-09 11:27 PM
    Hi
    My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
    1. Can I get an emergency appointment?
    2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
    3. How long does it take to recieve the passport after stamping?

    Any help would be greatly appreciated.

    Thanks,
    TEKNMEK

    1. You should be able to get an emergency appointment. Check out the following links:
    http://chennai.usconsulate.gov/appointments2.html
    https://www.vfs-usa.co.in/Home.aspx

    2. My mother recently flew via Frankfurt. She did not require a transit VISA.

    3. If you get VISA stamped in India, it usually is given to you the same evening (at least in Chennai).

    Hope this helps. Wish you good Luck!




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  • av2307
    09-03 03:18 PM
    By the way - harrdr , I'm exactly in the same situation - PD May '08 , I-140 approved and i have a very enticing full time offer from a Major financial firm. But i don't want to jeopardize my chances to get a GC in the next couple of yrs ( given that EB2 dates have moved forward substantially last month).

    Please keep me in loop in case you find anything else about the situation. I'll do the same.

    TIA
    -A




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  • GCNaseeb
    11-14 11:18 PM
    I just wanted to check up with local USCIS office, if they have any other options besides re-applying. When we informed USCIS they sent us the letter that the typo was attached to my case. But EAD and AP were already ordered. I am going to carry the USCIS letter and my original EAD and AP. I will have some definite direction what to do next - whether to return it or start using it.

    I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.

    My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.




    Ann Ruben
    06-25 06:33 PM
    The link below describes where and how to apply for humanitarian parole.


    USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)




    shirish
    04-27 09:41 AM
    I had received the same story in email about 7 years back.


    This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?



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