mannishk
08-06 03:03 PM
Thanks, that is what i had thought and came to know by an attorney as well.
Regards,
Regards,
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ram006
07-16 09:01 PM
Hi,
My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-
My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?
My main concern is on her status, any input will be greatly appreciated.
Thank you.
My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-
My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?
My main concern is on her status, any input will be greatly appreciated.
Thank you.
munch_042
04-15 07:21 AM
I'm from the Philippines and Mar. 28, 2006 is my PD. My question now is, what if by June (by God's grace) my PD will be processed. How many more months should I wait before receiving my packet 4? considering that certain documents (ds230,nbi) need to be updated & be sent to them. A total of how many more months should I still need to wait before my embassy interview?
Hope u can really help me with this! thanks!
Hope u can really help me with this! thanks!
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WeShallOvercome
08-03 12:38 PM
I was wondering will we get the I-485 Receipt notice directly or Lawyer or both?
If you signed G-28 : Only lawyer
If you didn't : Only you
If you signed G-28 : Only lawyer
If you didn't : Only you
more...
braindrain
10-17 01:03 AM
I am planning to sponsor for my in-laws and have a list of all the required documents, but I have a question about the financial/property documents they need to to take. The reason being, my father-in-law is retired and since then they have been living based on he pension and rental from some of the properties they own and have not filed tax returns.
Will getting the property evaluation and showing cash balance sufficient OR do I need them to take any additional documentation. Their source of income is just the pension and rental properties. Since most of the transactions happen in CASH in India, they don't have bank statements or records to support the rental property, except for the original property documents associated with the rental properties.
Since I am the sponsor, I have got all the required docs from my side both immigration and financial docs properly. I believe, my in-laws also need to get the property and other docs handy to prove the ties back to the home country.
Please advice...
Will getting the property evaluation and showing cash balance sufficient OR do I need them to take any additional documentation. Their source of income is just the pension and rental properties. Since most of the transactions happen in CASH in India, they don't have bank statements or records to support the rental property, except for the original property documents associated with the rental properties.
Since I am the sponsor, I have got all the required docs from my side both immigration and financial docs properly. I believe, my in-laws also need to get the property and other docs handy to prove the ties back to the home country.
Please advice...
Blog Feeds
05-05 06:40 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
It's H-1B season and the business immigration attorneys at Fong & Chun are busy once again fielding phone calls and inquiries regarding employment-based visas, including those of L-1 and new company visas. In the past few years, the USCIS and US Department of Labor have suspected newer and small companies of fraud, especially within the immigration system. New procedures and increased scrutiny (http://www.immigrationvisaattorneyblog.com/2009/04/h1b-quota-still-open.html) of employment-based cases have made H-1B petitions and H-1B visas especially more difficult to attain.
http://www.immigrationvisaattorneyblog.com/Handshake.pngToday's Wall Street Journal (http://online.wsj.com/article/SB10001424052748703712504576242973187563498.html) ran a story about the very disturbing trend revealed by the Securities and Exchange Commission that small private companies are merging with public shell (dormant) companies instead of going through more rigorous methods of becoming public, avoiding initial public offerings. SEC Commissioner, Luis Aguilar announced that since January 2007, 600 of such "backdoor registrations" occurred and most notably, more than 150 of these occurred in and around China.
It's no secret that the USCIS, as part of the US Department of Homeland Security (USDHS) is engaged in "national security, fraud detection and prevention." The DHS now has an unit attached to it which investigates corporations suspected of defrauding the government specifically through the H-1B program and other visa categories. This has made adjudications of all H-1B applications much more difficult and I believe we will see strict review of all H-1B and work related applications. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2011/04/chinese-companies-suspected-of.html)
It's H-1B season and the business immigration attorneys at Fong & Chun are busy once again fielding phone calls and inquiries regarding employment-based visas, including those of L-1 and new company visas. In the past few years, the USCIS and US Department of Labor have suspected newer and small companies of fraud, especially within the immigration system. New procedures and increased scrutiny (http://www.immigrationvisaattorneyblog.com/2009/04/h1b-quota-still-open.html) of employment-based cases have made H-1B petitions and H-1B visas especially more difficult to attain.
http://www.immigrationvisaattorneyblog.com/Handshake.pngToday's Wall Street Journal (http://online.wsj.com/article/SB10001424052748703712504576242973187563498.html) ran a story about the very disturbing trend revealed by the Securities and Exchange Commission that small private companies are merging with public shell (dormant) companies instead of going through more rigorous methods of becoming public, avoiding initial public offerings. SEC Commissioner, Luis Aguilar announced that since January 2007, 600 of such "backdoor registrations" occurred and most notably, more than 150 of these occurred in and around China.
It's no secret that the USCIS, as part of the US Department of Homeland Security (USDHS) is engaged in "national security, fraud detection and prevention." The DHS now has an unit attached to it which investigates corporations suspected of defrauding the government specifically through the H-1B program and other visa categories. This has made adjudications of all H-1B applications much more difficult and I believe we will see strict review of all H-1B and work related applications. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2011/04/chinese-companies-suspected-of.html)
more...
mnq1979
08-31 12:58 PM
is there any one who got the interview notice, even after replying to RFE.
My RFE was to prove my legal status and my wife was to provide the BC.
My RFE was to prove my legal status and my wife was to provide the BC.
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San_Chez
03-24 04:45 PM
muni k,
i am in a similar situation. i consulted a lawyer who said that even 1 day spent out the country can & must be taken in to account (for the 365 day eligibility). as long as your PERM LC was filed, you should not have a problem.
good luck!
i am in a similar situation. i consulted a lawyer who said that even 1 day spent out the country can & must be taken in to account (for the 365 day eligibility). as long as your PERM LC was filed, you should not have a problem.
good luck!
more...
NANO3
05-03 09:58 PM
:drool: nice!!
hair Posted on March 23, 2011 by
nursekm
03-28 10:46 PM
I am not sure I understand why would you want to do this? You are on EAD, correct? This already gives you the right to work for any employer; getting an H-1B would be a step back in this regard. Am I missing something?
I am interested in changing from I-485 EAD to H1B. My reason being I want to change my work and get a different position. does anyone know what is the procedure?
I am interested in changing from I-485 EAD to H1B. My reason being I want to change my work and get a different position. does anyone know what is the procedure?
more...
vjonline
11-08 03:48 PM
As per my knowledge you do not need a transit visa for Dubai and Abu Dhabi. I traveled to India recently through Abu Dhabi and did not need one.
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India_USA
01-25 10:07 AM
Go To School, Earn Your Green Card - Chris Barth - Between the Lines - Forbes (http://blogs.forbes.com/chrisbarth/2011/01/20/go-to-school-earn-your-green-card/)
more...
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Ann Ruben
04-08 11:05 AM
Hi Xela,
I am so sorry for what you must be going through. There are certain visas/immigration law provisions to assist victims of violent crime. I would need more information about your particular circumstances in order to provide any useful guidance. If you would prefer not to share personal details in a public forum, please feel free to contact me confidentially by phone or e-mail.
With respect to your first query, as an applicant for AOS you will retain legal immigration status even if you engage in non-H-1B employment using an EAD. You will, however, lose "lawful non-immigrant (H-1B) status" if you perform work for any entity that has not petitioned for H-1B status on your behalf.
Keep in mind that merely applying for and obtaining an EAD has NO impact on your lawful H-1B status. So, given life's uncertainties, it's generally a good idea to obtain EAD and Advance Parole just in case H-1B employment is lost.
Hope this helps,
Ann
I am so sorry for what you must be going through. There are certain visas/immigration law provisions to assist victims of violent crime. I would need more information about your particular circumstances in order to provide any useful guidance. If you would prefer not to share personal details in a public forum, please feel free to contact me confidentially by phone or e-mail.
With respect to your first query, as an applicant for AOS you will retain legal immigration status even if you engage in non-H-1B employment using an EAD. You will, however, lose "lawful non-immigrant (H-1B) status" if you perform work for any entity that has not petitioned for H-1B status on your behalf.
Keep in mind that merely applying for and obtaining an EAD has NO impact on your lawful H-1B status. So, given life's uncertainties, it's generally a good idea to obtain EAD and Advance Parole just in case H-1B employment is lost.
Hope this helps,
Ann
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BharatPremi
04-13 01:11 PM
Perhaps you may be right. I have not digged that much ....But I will go through that in detail..
Some respectable names in the members list...
I donot think that these people are directly responsible for creating the issue in the first place....It is a reactive response to the anti-immigrant postures of many candidates...Also people like are us are not eligible to donate to immigrantList...Only citizens or premanant residents can contribute to immigrantList.....
Some respectable names in the members list...
I donot think that these people are directly responsible for creating the issue in the first place....It is a reactive response to the anti-immigrant postures of many candidates...Also people like are us are not eligible to donate to immigrantList...Only citizens or premanant residents can contribute to immigrantList.....
more...
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AllVNeedGcPc
09-18 10:39 PM
... and ideally it should be copy of your approved labor.
I applied my labor as Software Engineer and BEC approved it with a code of Mechanical Engineer. I got it changed, but took me a year though. They kept my change request until the end when they were ready to shutdown BEC.
I applied my labor as Software Engineer and BEC approved it with a code of Mechanical Engineer. I got it changed, but took me a year though. They kept my change request until the end when they were ready to shutdown BEC.
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aug2007
03-22 01:03 PM
While working for Company A, I took LC substitute (may 2007 as a future employer) for Compnay B and filed concurrent 140/485 in July 2007 fiasco (India EB3 PD Oct 2004). Later in Feb 08, I've joined Company B with H1 transfer while 140 & 485 were pending (for me and my spouse). I've not filed H4 ext for my wife thru company B as we both had VISA stamping from Company A till 4 Apr 09. I94 also has the same dates.
My H1 with company B got approved early this month (Took 12+ months after one RFE was answered in Oct 08). New H1 and I94 on Approved 797 has the date till 02 Oct 2010 (6 yrs from the first H1 start date). The I94 card number is not same as my previous I94 card. 140 got approved in Oct 08. I've valid EAD (renewed once) but never used it.
I'm curently on H1 and my wife is on H4. My wife's EAD is expired and I'm in the process of renewing it. My wife's H4 & I94 is expiring on 4 Apr 09 and I've not filed for H4 extn.
1. Do I need to file H4 extn? Or will my wife's status changes to AOS when the H4 & I94 expires? Will my status also have to change from H1 to AOS inorder for my wife's status to change to AOS?
2. If my wife can change to AOS while I'm on H1, can she start using EAD and I continue to be on H1?
3. If I'm on H1 and loose the job then I'll have to go back to India. But if I change my status to AOS/EAD then I can stay in US waiting for the next job. If I loose the job, can I change to EAD (after losing the job) or should it be done while I've job in hand?
4. If I switch to EAD and have some issue with 485 processing, can I switch back to H1 (Provided I'm still with the same employer and my H1 is valid)? What happens to my wife's staus in this case?
Thanks in advance for your guidance.
My H1 with company B got approved early this month (Took 12+ months after one RFE was answered in Oct 08). New H1 and I94 on Approved 797 has the date till 02 Oct 2010 (6 yrs from the first H1 start date). The I94 card number is not same as my previous I94 card. 140 got approved in Oct 08. I've valid EAD (renewed once) but never used it.
I'm curently on H1 and my wife is on H4. My wife's EAD is expired and I'm in the process of renewing it. My wife's H4 & I94 is expiring on 4 Apr 09 and I've not filed for H4 extn.
1. Do I need to file H4 extn? Or will my wife's status changes to AOS when the H4 & I94 expires? Will my status also have to change from H1 to AOS inorder for my wife's status to change to AOS?
2. If my wife can change to AOS while I'm on H1, can she start using EAD and I continue to be on H1?
3. If I'm on H1 and loose the job then I'll have to go back to India. But if I change my status to AOS/EAD then I can stay in US waiting for the next job. If I loose the job, can I change to EAD (after losing the job) or should it be done while I've job in hand?
4. If I switch to EAD and have some issue with 485 processing, can I switch back to H1 (Provided I'm still with the same employer and my H1 is valid)? What happens to my wife's staus in this case?
Thanks in advance for your guidance.
more...
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Morty
07-06 03:55 PM
Hi All,
Q1) I would like to take a US consulate appointment for visitor's visa for my father. We are from southern Andhra Pradesh and Chennai consulate is convenient for us. Since Hyderabad has US consulate, does whole of Andhra come under HYD consulate jurisdiction? or can we take appointment in Chennai Consulate? Could you please let me know? My father is going for visa for the first time.
Q2) If visitor passport is expiring in next eight months and if the visitor is residing in US, is it possible to renew the passport here? Or the person has to go back to India and renew the passport there. I would just like to help my parents with the paper work and get it done if possible when they are here.
Your help is appreciated.
Thanks.
Q1) I would like to take a US consulate appointment for visitor's visa for my father. We are from southern Andhra Pradesh and Chennai consulate is convenient for us. Since Hyderabad has US consulate, does whole of Andhra come under HYD consulate jurisdiction? or can we take appointment in Chennai Consulate? Could you please let me know? My father is going for visa for the first time.
Q2) If visitor passport is expiring in next eight months and if the visitor is residing in US, is it possible to renew the passport here? Or the person has to go back to India and renew the passport there. I would just like to help my parents with the paper work and get it done if possible when they are here.
Your help is appreciated.
Thanks.
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tinamatthew
07-20 09:40 PM
Does anyone know if the B1 visa can be extended in US? The visa stamp on the passport is for 6months. when entered US, the officer granted 5.5 months of stay.......
I am thinking I simply appy for B1 extension 30 days before I-94 expiry date and the actual visa stamp on the visa does not matter.....is it true
Thanks for your time!!
Yes you can extend your B1, but you must have a very good reason for your extension request. And you may be questioned next time you come into the country. I have a friend that was questioned on a returning trip to the US
I am thinking I simply appy for B1 extension 30 days before I-94 expiry date and the actual visa stamp on the visa does not matter.....is it true
Thanks for your time!!
Yes you can extend your B1, but you must have a very good reason for your extension request. And you may be questioned next time you come into the country. I have a friend that was questioned on a returning trip to the US
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kirupa
08-09 09:16 PM
Sorry - I am having a great deal of difficulty understanding your question or the problem you are trying to solve.
What is the draft? What properties are you trying to change?
What is the draft? What properties are you trying to change?
god_bless_you
03-28 01:20 PM
Is there any similar organization in Tri-State Area?
Blog Feeds
05-26 11:10 AM
The Immigration and Nationality Act (Act) provides for the admission of different classes of nonimmigrants who are foreign nationals seeking temporary admission to the United States. The purpose of the nonimmigrant�s intended stay in the United States determines his or her proper nonimmigrant classification. Some classifications permit the nonimmigrant�s spouse and qualifying children to accompany the nonimmigrant to the United States or to join the nonimmigrant here. To qualify, a child must be unmarried and under the age of 21.
F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the Act, are foreign students coming to the United States to pursue a full course of academic study in SEVP-approved schools. An F-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an F-1 student.
M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Act, are foreign nationals pursuing a full course of study at an SEVP-approved vocational or other recognized nonacademic institution (other than in language training programs) in the United States. An M-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an M-1 student.
SEVP is the DHS program that administers SEVIS. It ensures that government agencies have essential data related to nonimmigrant students and exchange visitors to preserve national security. SEVP provides approval and oversight to schools authorized to enroll F and M nonimmigrant students and gives guidance to both schools and students about the requirements for maintenance of their status.
ICE SEVP I-17 FAQs provide information for schools about SEVP certification, including background on SEVP and SEVIS, SEVP certification basics, an overview of the SEVP certification process, preparing the petition for SEVP certification, and preparing for a site visit.
Click here for more info for Schools (http://www.ice.gov/sevis/i17/)
More... (http://www.visalawyerblog.com/2011/05/f1_visas_sevp_faqs_on_form_i17.html)
F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the Act, are foreign students coming to the United States to pursue a full course of academic study in SEVP-approved schools. An F-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an F-1 student.
M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Act, are foreign nationals pursuing a full course of study at an SEVP-approved vocational or other recognized nonacademic institution (other than in language training programs) in the United States. An M-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an M-1 student.
SEVP is the DHS program that administers SEVIS. It ensures that government agencies have essential data related to nonimmigrant students and exchange visitors to preserve national security. SEVP provides approval and oversight to schools authorized to enroll F and M nonimmigrant students and gives guidance to both schools and students about the requirements for maintenance of their status.
ICE SEVP I-17 FAQs provide information for schools about SEVP certification, including background on SEVP and SEVIS, SEVP certification basics, an overview of the SEVP certification process, preparing the petition for SEVP certification, and preparing for a site visit.
Click here for more info for Schools (http://www.ice.gov/sevis/i17/)
More... (http://www.visalawyerblog.com/2011/05/f1_visas_sevp_faqs_on_form_i17.html)
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