martinvisalaw
09-10 02:44 PM
Can we go to local USCIS office and get new I94.Does that resolve the issue.
No, CIS local offices don't do this. There is no mistake on the I-94, so the only way to change it is as described in the prior answer.
No, CIS local offices don't do this. There is no mistake on the I-94, so the only way to change it is as described in the prior answer.
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pappu
04-06 03:35 PM
Michele Wucker will be on MSNBC Saturday
(tomorrow, April 7) in three different five-minute slots between
11:30 a.m. and 1 p.m. ET debating Patrick Buchanan on immigration.
In the past she has written favorably on EB legal immigrants. She has many spots on MSNBC lately (at least once a week).
If you do want to receive alerts of future tv and radio appearances
then YOU MUST SIGN UP for her "media" list by clicking the following
link
http://wucker.com/phplist/?p=subscribe&id=3
IV urges its members to write to her so that she contines to speak about our plight.
(tomorrow, April 7) in three different five-minute slots between
11:30 a.m. and 1 p.m. ET debating Patrick Buchanan on immigration.
In the past she has written favorably on EB legal immigrants. She has many spots on MSNBC lately (at least once a week).
If you do want to receive alerts of future tv and radio appearances
then YOU MUST SIGN UP for her "media" list by clicking the following
link
http://wucker.com/phplist/?p=subscribe&id=3
IV urges its members to write to her so that she contines to speak about our plight.
Blog Feeds
07-28 12:50 PM
USCIS has recently published a new fact sheet of common questions and answers for members of the U.S. Armed Forces and their families. (http://www.californiaimmigrationlawyerblog.com/Immigration%20Information%20for%20Members%20of%20t he%20U.S.%20Armed%20Forces%20and%20their%20Familie s.pdf) The fact sheet contains the most frequently asked questions that USCIS receives.
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
The fact sheet is worth reading if you are in the Armed Forces because the answers to some of the questions are different (and usually more advantageous) to members and/or dependents of those in the Armed Forces. For instance, if you are a civilian, obtained your green card through a marriage to a U.S. Citizen and you have been married for less than two years, you must file Form I-751, Petition to Remove Conditions on Residence (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) to remove the conditional residence and obtain your permanent green card. You must file this form even if you intend on applying for citizenship a year later. (Persons who are married to U.S. citizens may apply for citizenship in three years.)
Members of the armed forces do not have to file Form I-751, Petition to Remove Conditions on Residence to remove conditional residence obtained through a marriage to a U.S. Citizen, if the foreign born spouse was inducted or enlisted in the military and is applying for naturalization based on qualifying military service. Thus, military personnel are permitted to "skip a step" and do not need to file form I-751.
Additional questions and answers and helpful email addresses to USCIS liaisons are included on the fact sheet.
http://www.californiaimmigrationlawyerblog.com/father%20and%20son.jpg
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/immigration_information_for_me_1.html)
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martinvisalaw
09-29 11:42 AM
If I apply lets say, 3 weeks before the expiration of her I-94, does she have to leave as soon as her current I-94 expires of can she wait for the decision? I she can wait what status will she be in once her current I-94 expires and the extension is still pending?
She can stay while an extension is pending, even after the I-94 expires, once the extension was filed before the expiration. There is no official name for this status, but it is allowed. By the way, she files the extension, not you.
She can stay while an extension is pending, even after the I-94 expires, once the extension was filed before the expiration. There is no official name for this status, but it is allowed. By the way, she files the extension, not you.
more...
LondonTown
05-21 01:50 PM
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial?
It was due to attorney's mistake.
It was due to attorney's mistake.
B3NKobe
04-08 02:11 AM
Sweeeeet! Man thats nice!! Kirupa changed the template on his sticky thread, you should change your content onto the new stamp template, itl look nicer with out that cedy old grey background behind it...:D:D
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samk32@gmail.com
06-13 06:39 PM
SBMallik thanks for the reply, as per your link it says,
Yes. Effective March 2, 2009, USCIS will accept premium processing service requests for the Form I-140 Petition category types listed above that are, filed for alien beneficiaries who, as of the date of filing the Form I-907 premium processing request:
Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;
-- I am in 6th year of stay and 4th year of my H1B stay. Do i fall in to the above category as my H1B expires on Sep 30 2009.
Pls. advice
Thanks
Yes. Effective March 2, 2009, USCIS will accept premium processing service requests for the Form I-140 Petition category types listed above that are, filed for alien beneficiaries who, as of the date of filing the Form I-907 premium processing request:
Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;
-- I am in 6th year of stay and 4th year of my H1B stay. Do i fall in to the above category as my H1B expires on Sep 30 2009.
Pls. advice
Thanks
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RadioactveChimp
04-08 02:12 AM
hey thanks....especially from the "pixel-guru" himself ;)
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GCBy3000
11-13 01:45 PM
Could anyone tell me when the PD is exactly ported.
1. I filed my labor thorugh location A for a company. Then the company moved me to location B within the same state.
2. My company attorney asked me to refile the labor sicne the location is changed. I did and get it approved.
3. In the mean time, I got my location A labor cleared. So to port the PD, i asked the company to file 140 for location A. They did and it get approved.
4. Now I filed the 140 for location B.
I did not see at any place in the second 140 mentioning about my previous PD . How and when exactly the PD is considered ported?
Thanks
1. I filed my labor thorugh location A for a company. Then the company moved me to location B within the same state.
2. My company attorney asked me to refile the labor sicne the location is changed. I did and get it approved.
3. In the mean time, I got my location A labor cleared. So to port the PD, i asked the company to file 140 for location A. They did and it get approved.
4. Now I filed the 140 for location B.
I did not see at any place in the second 140 mentioning about my previous PD . How and when exactly the PD is considered ported?
Thanks
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go_guy123
03-24 02:42 PM
I want to change my job from an university to a company.
I know I have to apply for industrial H1b , but I am not sure whether I MUST wait till 1st Oct to start work.
Does anyone have idea? thanks!
University H1B(non profit/govt org ) is quota exempt...
Others are within cap.
I know I have to apply for industrial H1b , but I am not sure whether I MUST wait till 1st Oct to start work.
Does anyone have idea? thanks!
University H1B(non profit/govt org ) is quota exempt...
Others are within cap.
more...
STK
02-08 10:58 AM
If I dont transfer my H1B for a couple of years then what happens. So for example I get a job today and start working on EAD and there for a 2-3 years just by renewing EAD via my husband. Three years down the lane I want to get back on H1B due to problems with I485. Is it possible to get on H1B at point in time because I still have three years remaining on it. WOuld the cap be applicable? In addition, if we find out there is a problem with I 485, does INS give me some time like 1-2 months to make that change in status that is from AOS to H1B?
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DSLStart
08-23 10:03 AM
That memo became an subject of sunday morning talk shows on Fox, CNN etc and now even USCIS has rescinded from it.
I have filed my I-485 before my marriage and I need to be on H1-B VISA to maintain my spouse's H4 Status.
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
I have filed my I-485 before my marriage and I need to be on H1-B VISA to maintain my spouse's H4 Status.
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
more...
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dilber
10-13 12:09 PM
Well it is not a significant change but dates have moved by a week for EB3 I I know its no where near enough for the category but hey there is some movement. There has been a neet 4 month movement for EB3 C and some of M as well. now all EB3 other than india are at same cut off date.
We need to work towards visa recapture thats the only thing that can help EB3 I.
We need to work towards visa recapture thats the only thing that can help EB3 I.
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puvathoor
01-29 01:48 PM
This is a good thread.. I would like to find out if I can continue my GC process if I move internationally till my PD becomes current..
I wonder what kinds of documents will be required for one to be still use the GC process..
I am going to talk to a lawyer about it and understand this.. I will post answers here..
I wonder what kinds of documents will be required for one to be still use the GC process..
I am going to talk to a lawyer about it and understand this.. I will post answers here..
more...
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mhkumar
07-14 03:58 PM
It used to be required only for Mumbai Consulate. But I think Hyderabad has also started. Please check
I think it is only for Mumbai Consulate(as mentioned in VFS (http://www.vfs-usa.co.in)).
"For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."
No where it is mentioned that HYD consulate has started. Where did you find it?
I think it is only for Mumbai Consulate(as mentioned in VFS (http://www.vfs-usa.co.in)).
"For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."
No where it is mentioned that HYD consulate has started. Where did you find it?
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seaken75
10-04 03:40 PM
I forgot to add another question:
Any July fliers with EAD approved with NSC?
Any July fliers with EAD approved with NSC?
more...
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rafraf
07-27 08:24 PM
Sorry for this long post. I just have to let it out...
I had my H1B visa approved and I talked to my employer on the phone this afternoon. I admit I did not do well in the interview I had with him last April 18, my visa was filed on March 31..... meaning he hired me first and interviewed me when my visa was already filed. I also have to fly from NJ to LA to meet him at my expense. It was then that I learned that the company doesn't have any permanent employee and no official office. There are only 2people who are doing everthing, he as the president and his partner. All those working for them are all subcontractors. The last time we had our conversation after that interview, he said that he was willing to offer me another position but with a lower salary which he repeated in his email yesterday when I told him about the news that my visa was approved. He suggested we talk on the phone to discuss.
So when I called him today, he said that I was not able to clearly understand what he said in the email that I am not capable of handling the job and that he has no job to offer me because he knows that I will not succeed. He even asked me if I am willing to work and be fired after.
We had an argument over the phone and I asked him what I will do with my visa. I admitted to him that the job that he is offering me is not really my forte and if only I was provided with my job description before I signed the attorney's retainer's contract, I have turned off the job offer since there is still another company who is willing to sponsor me. He have not given me any clear description of what the job will be. He also told me that I misrepresented myself.. That I included in my resume things that I didn't really do that I did not even do any programming at all --- something that really hurts me --- being an analyst/programmer back in my country since I graduated college. Then he keep on telling me that I have wasted my time already and if he would hire me, I will surely lost more because I would eventually get fired.
I said to him, how did he know that I will not be successful if he would not give me a chance. He said he just know. (what is he GOD?). I said to him its unfair.
The job position is Electronic Security Engineer. I am in Systems analysis and Application development.
I shouldered all my expenses in my Visa processing -- which is more or less $4,000 including my air ticket back and forth at the same day from NJ to LA which is approximately 10 hours flight (5 hours each way).
Can you give me an advice. I just couldn't let it just pass away. I felt I was humiliated and was treated unfairly.
Thanks for your advice.
I had my H1B visa approved and I talked to my employer on the phone this afternoon. I admit I did not do well in the interview I had with him last April 18, my visa was filed on March 31..... meaning he hired me first and interviewed me when my visa was already filed. I also have to fly from NJ to LA to meet him at my expense. It was then that I learned that the company doesn't have any permanent employee and no official office. There are only 2people who are doing everthing, he as the president and his partner. All those working for them are all subcontractors. The last time we had our conversation after that interview, he said that he was willing to offer me another position but with a lower salary which he repeated in his email yesterday when I told him about the news that my visa was approved. He suggested we talk on the phone to discuss.
So when I called him today, he said that I was not able to clearly understand what he said in the email that I am not capable of handling the job and that he has no job to offer me because he knows that I will not succeed. He even asked me if I am willing to work and be fired after.
We had an argument over the phone and I asked him what I will do with my visa. I admitted to him that the job that he is offering me is not really my forte and if only I was provided with my job description before I signed the attorney's retainer's contract, I have turned off the job offer since there is still another company who is willing to sponsor me. He have not given me any clear description of what the job will be. He also told me that I misrepresented myself.. That I included in my resume things that I didn't really do that I did not even do any programming at all --- something that really hurts me --- being an analyst/programmer back in my country since I graduated college. Then he keep on telling me that I have wasted my time already and if he would hire me, I will surely lost more because I would eventually get fired.
I said to him, how did he know that I will not be successful if he would not give me a chance. He said he just know. (what is he GOD?). I said to him its unfair.
The job position is Electronic Security Engineer. I am in Systems analysis and Application development.
I shouldered all my expenses in my Visa processing -- which is more or less $4,000 including my air ticket back and forth at the same day from NJ to LA which is approximately 10 hours flight (5 hours each way).
Can you give me an advice. I just couldn't let it just pass away. I felt I was humiliated and was treated unfairly.
Thanks for your advice.
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chanduv23
09-25 09:53 AM
If you have not yet joined the Tri State Chapter - do it right now. Follow the link in my signature
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Axilleus
09-25 10:58 AM
Hi
Here is my situation:
Entered US with K1, received I-94 at the time of entry with Employment Authorized stamp, and the CBP officer told me I can work with the I-94 until my status changes to permanent resident.
BUT I-94 is valid only for 90 Days so my permission to work is not valid any longer (That is what the Employer says).
Filed I-485 to Chicago, IL, application was received on July 19/07.
Receipt Notice received August 27/07. Biometrics taken August 30/07, have an Interview on November 29/07.
I called USCIS, they told me I have to apply for an EAD.
Applied for EAD in August. Application was received on August 29/07, the Biometrics Notice Date is September 17/07.
Now I have an absolutely awesome job offer but I don't have a valid Employment Authorization document.
I called USCIS yesterday to ask if I can expedite the process for the EAD, they said go to local immigration office and ask them to see what options you have (she read some options, I didn't write any down because it was a long list).
I went to a local immigration office this morning, they said "We cannot do ANYTHING from our local office in regards to a EAD since September of last year!!!".
They also said to call USCIS and ask them to download the Biometrics from the I485 application to speed up the process.
I called USCIS this morning and they said they are UNABLE to download the Biometrics.
I asked them if there is a way to expedite the process for the EAD, they told me the same thing as yesterday: Go to local office!
Here I am, in this #$#%#^# loop, can't do anything about this and USCIS or the local immigration office does not give a damn about honest people who are trying to make a living and put some food on the table.
I don't know what else to do but if somebody has an idea please, please, please let me know.
By the way, the Immigration officer told me that the employer can hire me if they want, but it is up to the employer to decide!!! I just don't understand how somebody is supposed to hire me if I canno't show any documentation allowing me to work here.
I would also like to know how long it took for any of you who applied for the EAD??
Thank you!
Here is my situation:
Entered US with K1, received I-94 at the time of entry with Employment Authorized stamp, and the CBP officer told me I can work with the I-94 until my status changes to permanent resident.
BUT I-94 is valid only for 90 Days so my permission to work is not valid any longer (That is what the Employer says).
Filed I-485 to Chicago, IL, application was received on July 19/07.
Receipt Notice received August 27/07. Biometrics taken August 30/07, have an Interview on November 29/07.
I called USCIS, they told me I have to apply for an EAD.
Applied for EAD in August. Application was received on August 29/07, the Biometrics Notice Date is September 17/07.
Now I have an absolutely awesome job offer but I don't have a valid Employment Authorization document.
I called USCIS yesterday to ask if I can expedite the process for the EAD, they said go to local immigration office and ask them to see what options you have (she read some options, I didn't write any down because it was a long list).
I went to a local immigration office this morning, they said "We cannot do ANYTHING from our local office in regards to a EAD since September of last year!!!".
They also said to call USCIS and ask them to download the Biometrics from the I485 application to speed up the process.
I called USCIS this morning and they said they are UNABLE to download the Biometrics.
I asked them if there is a way to expedite the process for the EAD, they told me the same thing as yesterday: Go to local office!
Here I am, in this #$#%#^# loop, can't do anything about this and USCIS or the local immigration office does not give a damn about honest people who are trying to make a living and put some food on the table.
I don't know what else to do but if somebody has an idea please, please, please let me know.
By the way, the Immigration officer told me that the employer can hire me if they want, but it is up to the employer to decide!!! I just don't understand how somebody is supposed to hire me if I canno't show any documentation allowing me to work here.
I would also like to know how long it took for any of you who applied for the EAD??
Thank you!
drona
09-07 03:10 PM
Hello WA state members,
Please join the WA State Chapter group here:
http://groups.yahoo.com/group/wa_iv/
Let's get this chapter up and running again.
Please join the WA State Chapter group here:
http://groups.yahoo.com/group/wa_iv/
Let's get this chapter up and running again.
krishna_brc
10-21 02:54 AM
I am in 6th year of my H1B. It is expiring in Aug 2011.
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Chances are very high that your priority date will be current before Aug 2011.
good luck
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Chances are very high that your priority date will be current before Aug 2011.
good luck
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