Thursday, June 9, 2011

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  • akhilmahajan
    09-20 04:21 PM
    is there any possiblity that the EB3-ROW from Bngladesh become current soon. can you tell any approx.....days. What about in October....i heard that the new visa will be available in Oct every year. Is there any quota for different countries....??????? thanks again

    Do you know who will be next president of USA?
    In this case, atleast we know there will be a president of USA, but in case of USCIS no body knows whats going to happen.

    about the dates being current, u need to keep on following the visa bulletin every month. If your date is not current then keep on renewing your EAD/AP. Also be ready to do FP almost every other year.

    If you feel frustuated join us in the fight.
    But if you feel that u have filed 485 and u r all set, then GOD HELP YOU.

    Please dont take my post in the wrong way, i am just trying to enlighten you to the world of uncertaintites in which you have entered after filing your 485.





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  • coopheal
    11-07 10:30 AM
    I am very disappointed with all of us. We all have big ideas about what should IV core do. But a very few would actually take initiative and work for the cause.
    Not a single new person came ahead with the contribution this month.





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  • scorpioca
    05-19 09:38 PM
    Yeah, I have proof of Nepal. My mom still has properties and farm land in nepal.

    I read at few forums that Indian consultate does not entertain changing place or date of birth? are there any exceptions to that? Or have they changed policies?
    Has anyone been able to change the place of birth?


    Thanks





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  • joydiptac
    05-18 06:44 PM
    Guys,

    This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!

    Pappu sir,

    Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.



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  • vbkris77
    12-27 02:25 PM
    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice

    Existing stamping is good even if the employer is changed. But for your unique situation, contact your lawyer..





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  • ganam
    02-21 08:57 PM
    Yes. It is possible to do H1 Transfer and use AC21 without disrupting the GC process.

    Please go to

    http://www.murthy.com/news/n_nuacp2.html

    and see Question 11. Do I have to use an EAD to use AC21?



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  • vikramy
    07-10 05:06 AM
    Hello,

    One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
    I think this is more of ignorance about EAD.

    Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.





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  • vban2007
    07-13 01:38 PM
    Please delete this TOPIC



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  • dil_ip3
    02-25 02:01 PM
    Thanks Kopra and desi for your replies,

    I will do as my attorney has suggested. I will see if I can get any appointment with some good immigration lawyer to talk to as well.





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  • STAmisha
    11-16 10:07 AM
    Hi
    I was thinking of askign my lawyer to change my case from non rir to rir ?
    i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
    My pd is oct2002? nothign heard after teh 45 day letter....
    thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too
    thanks


    There is no -ve impact on coverting to RIR. If RIR is denied, you will still be processed as TR. You wont loose your PD



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  • sathweb
    02-13 09:10 AM
    Our priority date is not yet current but that seem like a good idea. How do I go about finding who to contact.

    The tool you are looking for is Google. Just search for your local Senator and give him a call, they will tell you what they need. As you said, Senator is very effective if your date is current.





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  • visshy
    09-15 12:52 PM
    so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?
    exactly what i was wondering...coz HR will ask for some legal documentation to back up the story of being able to go on unpaid leave, but having to be off payroll and then the I9...what happens to insurance then?

    her company is a US based company not desi consultant



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  • saketkapur
    05-07 12:43 PM
    Its not mandatory.....you can file it anytime........its totally up to you and your immigration lawyer depending on your situation.
    You will still need to meet the requirements of wage and same or similar job criteria whenever(if) you decide to file it or get an RFE.





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  • jonty_11
    07-17 06:25 PM
    thisis actual USCIS RELEASE

    now its official from USCIS

    http://www.uscis.gov/files/pressrele...ate17Jul07.pdf



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  • TomTancredo
    11-27 01:10 PM
    I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

    My question is how do people intend to leverage on having an EAD for a higher salary?

    Thanks!


    It could be possible to get more money on EAD because you have more choice. I cant expect more salary just because I have an EAD. There are so many people with EADS in USA ... What counts is your experience. If you are already gettting paid according to the market conditions you may expect a boost in salary just because you have an EAD.





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  • saimrathi
    08-10 02:13 PM
    Please post in Media thread...



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  • atlfp
    04-08 12:34 PM
    I thought the "Freedom of Information Act" requires the federal goverment to disclose all data and procedure unless it is exempt by some other laws (list of super spies, for instance). Wouldn't it be possible to using this law to force them to disclose their numbers?

    Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....


    I am not an expert in law but we cannot "Force" the deparment of state to release numbers. However some numbers are already available for 2005 in usage stats.

    If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.

    Doesnt the ombudsman report show all numbers even today? I thought they did.





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  • pd_recapturing
    08-03 05:07 PM
    What is that thing called as interfiling ? I guess, you need to file an amendment saying that instead of using that labor, use this labor. Somebody explained this process in some other forum. Here is the link:

    http://immigrationvoice.org/forum/showthread.php?t=5482





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  • Blog Feeds
    04-26 11:30 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)





    bestofall
    06-15 05:19 PM
    My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
    Our question....Is it sensible to travel on AP him being unemployed?

    my friend went to India for 4 month Vacation.

    1. while returing at JFK POE .. He was asked if he got paid on that 4 month Vacation. My friend said. "NO" and the POE Officer asked , if he had still Job with sponsering Employer , and this guy showed the recent EVL letter which he got from his employer .....just make sure to you have all docuementation ,a letter from Employer stating still your husband employed with that company

    As long as you prepared tos how required papers ..no issues





    dba9ioracle
    07-11 04:41 PM
    Did you apply AP with your EAD ? is it a DUAL card (EAD and AP) ?

    Just asking..I still did not get my EAD which was applied in july-2007 last year. I am planning to apply for AP renewal this month as I have apporved AP.



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