looivy
10-01 06:22 PM
I and my wife are debating whether to apply OCI or PIO card for our son who was born in US and has a US passport. We both hold Indian passport.
Can you experts please suggest which is the better route? The Indian consulate phone number is of not much help. It just keeps going in infinite loop and does not connect to a real person.
Can you experts please suggest which is the better route? The Indian consulate phone number is of not much help. It just keeps going in infinite loop and does not connect to a real person.
wallpaper Smileys Wallpapers
santa123
10-15 04:36 PM
I am trying to submit my FOIA request to get copies of I140 and PERM.
I have not applied for my I485
Where and how do I get my A#?
I have not applied for my I485
Where and how do I get my A#?
casinoroyale
06-20 03:07 PM
bump :rolleyes:
2011 Matching Wallpaper Click Here
sanju
01-22 12:10 AM
My PD and category is correct. I'll correct everything else.
Thanks xyzgc, maybe we can team up to request others to add correct data. It will help us all. What say?
.
Thanks xyzgc, maybe we can team up to request others to add correct data. It will help us all. What say?
.
more...
punjabi
04-08 12:13 PM
I didn't do any mathematical calculations, but my guess is:
EB2 I:
Practically speaking: EB2 I moves to 01 APR 2004
Optimistically speaking: EB2 I moves to 01 JUNE 2004
Frantically speaking: EB2 I moves to 01 JAN 2005
EB3 I:
EB3 I move forward by at least a quarter.
Just plain guess, my friends.
EB2 I:
Practically speaking: EB2 I moves to 01 APR 2004
Optimistically speaking: EB2 I moves to 01 JUNE 2004
Frantically speaking: EB2 I moves to 01 JAN 2005
EB3 I:
EB3 I move forward by at least a quarter.
Just plain guess, my friends.
dilipb
06-23 04:55 PM
I DID NOT pay the huge fee.
I think they had given a waiver till August 21 or so for the July fiasco filers.
Do you think I still not have to pay or should I pay the fee ?
Oh ya I remember that.
I recommend you talk to some lawyer or call USCIS.
USCIS is helpful.
My take on it is this : you have to PAY $340.
A lawyer will always say "DO AS PER INSTRUCTIONS".
But this case although unique, you still belonged to the pre-aug filers, even though there was a waiver (since u were applying based on PD which was for july month).
I remember that during that time USCIS has instructed everyone to add some kind of bright color sheet / paper on top of your application to state clearly that you belong to that group of pre-aug filing people and that you are filing using the old fee structure. that way you are clearly telling them "dont reject me directly because of incorrect fees".
Again although this seems very straightforward to me, that you HAVE TO pay $340, I still recommend you research more/talk to lawyer/USCIS.
I think they had given a waiver till August 21 or so for the July fiasco filers.
Do you think I still not have to pay or should I pay the fee ?
Oh ya I remember that.
I recommend you talk to some lawyer or call USCIS.
USCIS is helpful.
My take on it is this : you have to PAY $340.
A lawyer will always say "DO AS PER INSTRUCTIONS".
But this case although unique, you still belonged to the pre-aug filers, even though there was a waiver (since u were applying based on PD which was for july month).
I remember that during that time USCIS has instructed everyone to add some kind of bright color sheet / paper on top of your application to state clearly that you belong to that group of pre-aug filing people and that you are filing using the old fee structure. that way you are clearly telling them "dont reject me directly because of incorrect fees".
Again although this seems very straightforward to me, that you HAVE TO pay $340, I still recommend you research more/talk to lawyer/USCIS.
more...
vinodmp
02-11 11:45 AM
OK. I received the Denial letter today and below is the extract from it.
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
2010 Red sad smiley face Wallpaper
desi3933
06-24 09:37 PM
desi3933 is right.
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status
This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
SertaSheep -
See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.
The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.
The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.
Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.
There are actions "missed" by Employers. But, that is beyond the scope of current discussion.
I will be writing a detailed note on how to handle out of status issues.
desi3933 at gmail.com
Not a legal advice.
----------------------------------
Green Card holder since May 2002
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status
This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
SertaSheep -
See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.
The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.
The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.
Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.
There are actions "missed" by Employers. But, that is beyond the scope of current discussion.
I will be writing a detailed note on how to handle out of status issues.
desi3933 at gmail.com
Not a legal advice.
----------------------------------
Green Card holder since May 2002
more...
snathan
03-15 11:32 PM
:-)
In this country I dont know what is serious and what is light situations.
Definitly steeling is not light anywhere. Somewhere they have the resource and some dont. Thats the different.
In this country I dont know what is serious and what is light situations.
Definitly steeling is not light anywhere. Somewhere they have the resource and some dont. Thats the different.
hair smiley – iphone wallpaper
bheemi
03-03 10:08 AM
one more thing when I need to add in bill pay do i need to select company or person..
pls let me know immigration voic contact ph no also..
Thanks
Bheemi
pls let me know immigration voic contact ph no also..
Thanks
Bheemi
more...
Michael chertoff
07-31 09:19 AM
EB2 Indian will be Aug 2006.
hot Smiley iPhone Wallpaper
learning01
04-26 04:45 PM
but saw 10 postings about IV in Indian (desi) sites., like www.kcdesi.com, one from Detroit, one on Sulekha and a few other Chinese sites. I guess these are blog posts. If it is useful, I will post each or all of these. Even, some Canadian sites have picked up issues listed in IV home page ( and probalbly spinning them to their advantage)
Can we do something in Indian regional news papers? I know http://www.eenadu.net or http://www.vaarttha.com/ two most popular online Telugu newspaper for skilled immigrants in US. Also www.idlebrain.com has popular enough which might help different group of people to know about what IV is doing.
Can we do something in Indian regional news papers? I know http://www.eenadu.net or http://www.vaarttha.com/ two most popular online Telugu newspaper for skilled immigrants in US. Also www.idlebrain.com has popular enough which might help different group of people to know about what IV is doing.
more...
house Happy smiley face picture
need_EAD
02-28 03:27 PM
Made my third contribution of $100.
tattoo Humor - Smiley Wallpaper
WeShallOvercome
11-07 05:27 PM
Thanks but were you able to trade in Indian shares using that account after you came to USA ? I heard it's illegal to trade using the normal demat account in you are NRI from USA.
Yes I did do quite a bit of trading, sometimes on phone from here...It all stopped when they suspended my account for lack of PAN information.
Yes I did do quite a bit of trading, sometimes on phone from here...It all stopped when they suspended my account for lack of PAN information.
more...
pictures Smiley, Smiley wallpaper
ramaonline
09-06 02:23 PM
We are planning to visit India in Nov 08 after three years. I would be using my AP to return after 4 weeks. My wife is planning to stay there for seven months and plans to return using AP. Based on what I see on this thread, seems like it would be very risky for my wife to use AP to re-enter after a seven month period.
I'm still working on H1B and my wife on H4 ( although she has an EAD, she doesnt work). We have H1B approval valid till March 09. My wife would be re-entering in June 09. I'm in the process of renewing my H1 and H4.
If my wife gets her H4 stamping then she can re-enter in June 09 using H4 visa. I plan to re-enter using AP in Nov 08.
I am also planning to consult my lawyer. Would this work out? Gurus, pls. help
No need to use AP to travel when you are in valid H1 status, and are continuing to work with the GC sponsoring employer. You can use the valid h1 stamp to reenter without any risk to the pending 485
Spouse can travel and reenter on H4 even if she has a valid AP provided that you maintain H1 status. Note that H4 is a derivative of H1 status. H4 status ends once EAD is used for work purposes. If the EAD is used for work, then it is safest to travel and re-enter on AP.
I'm still working on H1B and my wife on H4 ( although she has an EAD, she doesnt work). We have H1B approval valid till March 09. My wife would be re-entering in June 09. I'm in the process of renewing my H1 and H4.
If my wife gets her H4 stamping then she can re-enter in June 09 using H4 visa. I plan to re-enter using AP in Nov 08.
I am also planning to consult my lawyer. Would this work out? Gurus, pls. help
No need to use AP to travel when you are in valid H1 status, and are continuing to work with the GC sponsoring employer. You can use the valid h1 stamp to reenter without any risk to the pending 485
Spouse can travel and reenter on H4 even if she has a valid AP provided that you maintain H1 status. Note that H4 is a derivative of H1 status. H4 status ends once EAD is used for work purposes. If the EAD is used for work, then it is safest to travel and re-enter on AP.
dresses 3d Smileys G1 Wallpapers
chandrajp
06-18 11:45 AM
I have a feeling that they will HAVE To process EAD's in 90 days( that's what the current rule says ) or reinstate the Interim EAD's - terminating Interim EAD seems like the dumbest move they ever made. If either of these doesn't happen, lawsuits are sure to follow. So, don't worry too much about it my friend.
Please see in the USCIS web site that you have to apply 6 months in advance if you are renewing EAD. With so many I485s, EADs, APs flooding the Service centers, you need to apply the EAD now if you want to use it after 6 months from now.
Please see in the USCIS web site that you have to apply 6 months in advance if you are renewing EAD. With so many I485s, EADs, APs flooding the Service centers, you need to apply the EAD now if you want to use it after 6 months from now.
more...
makeup Smiley face wallpaper
McLuvin
03-27 11:21 AM
stop this prediction crap.
Sirji/Ma'm.... no offence... if you find it so very much irritating... there are a lot of other good/informative threads as well in this forum... Please read them...
This is something like a ... Feel Good Factor for all the injured hounds... Kaam Se Kaam Acha Sunne Ko Miltha Hai...
Sirji/Ma'm.... no offence... if you find it so very much irritating... there are a lot of other good/informative threads as well in this forum... Please read them...
This is something like a ... Feel Good Factor for all the injured hounds... Kaam Se Kaam Acha Sunne Ko Miltha Hai...
girlfriend Smiley Suri Wallpapers
somegchuh
06-28 01:24 PM
Guys,
Is this really bad news for those with pending I-140? Does it mean they expect 140 processing to be so overloaded that they can't commit to premium?
My 140/485 was filed in mid-Feb 07. Any ideas what to expect as far as 140 processing is concerned? I am pretty sure 485 processing will slow down as they will get busy with so many new applications and working on new EAD/AP applications.
Is this really bad news for those with pending I-140? Does it mean they expect 140 processing to be so overloaded that they can't commit to premium?
My 140/485 was filed in mid-Feb 07. Any ideas what to expect as far as 140 processing is concerned? I am pretty sure 485 processing will slow down as they will get busy with so many new applications and working on new EAD/AP applications.
hairstyles smiley face ackgrounds.
new_horizon
09-23 10:46 AM
I just called all of them, including the not favoring congressman/women (cm/cw)
to those not favoring, I told I understand the cm/cw does not support the bill HR5882, but I would like to share few points that might help him/her reconsider their decision.
I then told about us not taking away any jobs since we already been employed for several years, and the bill if not approved we'll still continue to be employed in our current status. But on the positive side, if the bill is approved we'll greatly benefit the economy esp. the housing industry since several hundreds of applicants are ready to buy their house. and about us having paid taxes, and being a great consumer, etc.
and then I told I would really like the cm/cw to reconsider her/his decision and to support the bill which is up for markup today.
---------------
I hope this helps others with some talking points.
Could someone point out who are the ones supporting the bills, so we only call them to thank them for supporting the bill. I called one cm's office, after going thru all the talking points, he told me that the cm already supports the bill. I then said sorry, and asked him to convey my thanks to the cm. I don't remember who that was 'coz I was really in a hurry to call of them in the short break I took at work.
so pls everyone CALL before it is too late.
to those not favoring, I told I understand the cm/cw does not support the bill HR5882, but I would like to share few points that might help him/her reconsider their decision.
I then told about us not taking away any jobs since we already been employed for several years, and the bill if not approved we'll still continue to be employed in our current status. But on the positive side, if the bill is approved we'll greatly benefit the economy esp. the housing industry since several hundreds of applicants are ready to buy their house. and about us having paid taxes, and being a great consumer, etc.
and then I told I would really like the cm/cw to reconsider her/his decision and to support the bill which is up for markup today.
---------------
I hope this helps others with some talking points.
Could someone point out who are the ones supporting the bills, so we only call them to thank them for supporting the bill. I called one cm's office, after going thru all the talking points, he told me that the cm already supports the bill. I then said sorry, and asked him to convey my thanks to the cm. I don't remember who that was 'coz I was really in a hurry to call of them in the short break I took at work.
so pls everyone CALL before it is too late.
uma001
11-03 03:05 PM
If you have Citibank account in india, ask your parents or friends to deposit money into that account. Then you can withdraw money in dollars in citibank ATMs at 7-11 here in US since, Thats what i do.
njboy
05-12 08:09 AM
In my humble opinion, if people who have been illegal in US for over 5 years are granted legality, then the govt should
1) Close the backlog processing centers where our cases have been languishing for years
2) Grant us green cards if we can show minimal proof that we did infact file for permanancy legally at some point in time.
I mean COME ON guys..the government is giving legal status to more than 10 MILLION illegals in this country, yet when it comes to 300,000 tax paying, qualified, LEGAL, degree holding H1B workers, the same government is penny pinching and trapping us in a bureaucratic paper nightmare. What is 300,000 when compared to like 13 Million?? Its a drop in the bucket. Do not forget that our employers have paid big bucks for every H1B, and additionally paid for the creation of the backlog reduction center, where they are painstakingly poring over each and every case with a toothcomb.
1) Close the backlog processing centers where our cases have been languishing for years
2) Grant us green cards if we can show minimal proof that we did infact file for permanancy legally at some point in time.
I mean COME ON guys..the government is giving legal status to more than 10 MILLION illegals in this country, yet when it comes to 300,000 tax paying, qualified, LEGAL, degree holding H1B workers, the same government is penny pinching and trapping us in a bureaucratic paper nightmare. What is 300,000 when compared to like 13 Million?? Its a drop in the bucket. Do not forget that our employers have paid big bucks for every H1B, and additionally paid for the creation of the backlog reduction center, where they are painstakingly poring over each and every case with a toothcomb.
No comments:
Post a Comment