Wednesday, June 15, 2011

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  • smuggymba
    09-16 07:45 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you

    Imagine if everyone uses bold font:mad:





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  • kirupa
    11-21 11:47 PM
    haha - good point :P

    So, it seems like I will be unable to add the poll today like I had hoped. I got sidetracked with some other things. Apologies. Tomorrow is the new today.





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  • madhu345
    09-18 08:46 AM
    Why dont we take voting for name change and see what % of members will opt for the change.





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  • rbalaji5
    02-09 04:07 PM
    Thanks Life2live,
    Could you shed some more light to extend without going out of country. I dont want to go through the same process which I did for H1B extension (thru I-129) due to the recent amendment.

    I live in California now.



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  • vandanaverdia
    09-09 09:39 PM
    We had 2 more users join the WA Chapter. Welcome aboard! We need more....





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  • RedHat
    08-30 12:26 PM
    My PD is 2002 Aug



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  • I-485 approval
    08-24 10:52 AM
    Hello Prashanthi

    Thanks for your valuable input. The Info pass officer told me verbally that my case is now in EB2 but I don't have any written confirmation from USCIS.

    How can I get the written communication from USCIS? Please advice.

    Thanks





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  • newlife2
    09-19 10:46 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.



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  • h1techSlave
    04-08 02:37 PM
    What would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.


    US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)


    162,176 total EB were issued in 2007.

    There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
    permitted the recapture.





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  • indianabacklog
    07-31 12:28 PM
    This is insane and scary at the same time. So, the child will have to depart the US at that time as he will no longer be able to get any valid non-immigrant visa (except probably an H1). As immigration intent has been expressed such a child will not be able to get F-1 visa. I would have to research this further as the prospect of my child having to depart the US after the rest of the family gets a GC is just too much for me to bear at this time! I'll pose the question to my lawyer and hear her opinion.
    You can convert from an H4 to an F1. The definition of the F1 is not as strict as you might imagine, hope you do not come to this though.



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  • saimrathi
    08-22 03:10 PM
    sukhwinderd, any idea what the address will be of Legal & Regulatory Affairs Unit
    Motor Vehicle Commission if I was applying in PA? Any ideas for H4 DL renewal in similar fashion?





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  • immuser
    11-01 06:16 PM
    http://content.msn.co.in/News/International/InternationalHinT_011107_0847.htm

    London: Employment prospects for Indians in Britain could well be hit by the recent revelation that 52 per cent of all new jobs created in the country over the past decade have gone to immigrants.

    According to Britain’s National Statistics Office, 1.1 million of the 2.1 million new jobs that have arisen since 1997 have been bagged by people of non-British origin.

    Another government study released a few days earlier had shown that migrant workers earned on an average �424 a week, while British workers got �395. Foreign born workers, at an estimated 1.5 million, comprised 12.5 per cent of Britain’s workforce, compared to 7.4 per cent a decade ago.

    “Any move to control immigration will affect Indian professionals the most,” said Amit Kapadia, convenor of the Asian organisation Highly Skilled Migrant Professionals.

    The findings have revived old fears of migrants leaving local workers jobless. They raised such a furore that Prime Minister Gordon Brown intervened on Wednesday declaring plans were being finalised to control the influx of foreign workers.

    These included introducing a points-based system which would give priority to immigrants with skills needed in Britain, and if required, shut out the others.

    “Over the next few months, we have decided on changes... so that people can be sure we are taking action that is necessary,” Brown said



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  • reddymjm
    05-28 12:56 PM
    Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.



    Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.

    My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.

    I second this. Do not lose your postion in the Q.





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  • sreenivas11
    06-15 04:04 PM
    USCIS Proc Times Update 06/15/09
    NSC I-485 Sept 1st 2007
    TSC I-485 Aug 17th 2007



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  • indyanguy
    01-16 10:39 AM
    I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.

    Can someone with an approved 140 please paste a format of the experience letter on this thread?

    Thanks!





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  • p_kumar
    11-25 09:12 PM
    I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.

    How do you know that your namecheck is cleared?. thanks



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  • chanduv23
    06-16 07:53 AM
    Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...

    when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)

    so what is pre adjucted.......:rolleyes:

    I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"





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  • ashkam
    07-24 09:44 AM
    Hi..what is "succession of interest" document...is it the actual 'merger' contract ?

    Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks

    Hello Ravi
    You need to talk to someone in the law firm (if possible) who did all the paperwork for the merger because they would be the ones to know about this clause. If that's not possible, talk to your HR and ask them to get this clarified from the lawfirm. The succession of interest document is something which your company has to provide to the CIS. I don't know if they would need to attach the merger contract as evidence.





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  • wandmaker
    11-27 03:41 PM
    bablata2007: What is the status of your 140?





    mhssatya
    04-07 07:40 PM
    GGC,
    Did both you and your lawyer receive the letter or it was just you who received it? I have applied for I-485 in 07 and received the following status update in Aug 2010:

    we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our ATLANTA, GA location for processing because they now have jurisdiction over the case.

    But I didn't receive the letter as I was moving. I heard that this usually means I will be called for an interview. Is that right? Neither me nor my lawyer have received any interview letter since then. Would I be called for an interview when my date gets current?

    Appreciate your help.

    Recently received interview letter, scheduled for Sep,3rd.

    1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

    2. Is I-140 approval copy required? Interview letter does not say anything about it.

    3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?





    santb1975
    11-16 08:06 PM
    This Holiday season .... Give a gift to IV

    --------------------------------------------------------------------------------

    With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers



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