Wednesday, June 8, 2011

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  • GC_1000Watt
    05-25 01:50 AM
    Please share if anyone of us has taken care of PIMS thing in any way. I wanted to handle this PIMS thing well in advance in order to avoid any possible hassle or delays later on while I go for stamping in Mumbai consulate.

    Thanks in advance.




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  • gandalf_gray
    06-02 11:33 AM
    Nothing would change. If any, it'd be for better I guess.

    So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.

    If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.

    just one more Qn:
    My L1 ends Sep 3rd week.
    If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
    those 14 days out-of-status : How bad is it ?

    thanks.




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  • chanduv23
    12-08 02:47 PM
    To have some real threads getting started after a long time on IV website. Thanks for the initiative Chunduv

    U r most welcome. Thanks for taking the initiative.

    We need more people taking initiatives on this.

    Folks, please come forward now. IV is your group. IV is "we all combined together"

    Together we can make a difference. Sitting on the fence and doing nothing does not do any good for us.

    Come on folks, all guests will now become members
    All inactive members will now become active members
    All non contributing members will now start contributing.

    Go IV go




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  • navin80
    06-20 09:30 AM
    I am in a similar situation. But my employer previous employer says he would file for 485 only if I return to my old company.
    so, If I need to go back to him,

    1. Do I need to transfer my H1B back to the old company. My 797 expires in Nov'08



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  • raju_abc
    07-22 11:45 AM
    Hi Thanks for your inputs.

    But both the employers are consultant.
    One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
    So which should be an better option, if they have a similar better client list?




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  • vijse
    12-14 08:20 PM
    I just realised that there is the wrong expiration date on my i-94 when I came back from a visit to India in Feb 2006.
    The officer did not put the date according to the 797 which expires in 2007 .He put the expiration date as per the visa stamp.

    My visa in my passport has also expired in April 2006.
    My company is filing for 1485 and the lawyer just noticed it .

    What are my options ?



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  • 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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  • seahawks
    08-17 09:46 AM
    no refunds, USCIS does not work that way, checks get cashed before they work on a case. Once the checks are cashed, no refunds. The only scenario is if you fell within the cap and they wouldn't accept your application, the whole packet is returned which then will have the checks within the packet. Hope that makes sense:?



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  • r_ferns82
    03-08 10:35 PM
    Hey mlkedave you embarrass me my works no way top notch. I did it in just a couple of hours and there a lot of faults. I am not too happy with the header region. I was way to busy at that time and since I had promised I submitted or else that’s was no way I was going to submit it. The vote will tell you the story. I like your layout the best but I had some doubts. Do you plan to use flash in the entire top region? (I hope you get my point) the buttons look more realistic for flash.




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  • abhijitp
    07-08 04:10 PM
    Recently at a temple I saw volunteers requesting people to register with the bone marrow registry. Lots of people were coming forward to register.
    More details:
    http://bonemarrow.org/

    I think, this should inspire us to run a similar campaign for the Legal Skilled Immigrants cause.



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  • authrd
    08-22 12:52 PM
    This has been bugging me for a while now. I applied for I-485 in July 2007.

    I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.

    Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.


    I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.

    Any thoughts.

    Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.

    I want to be proactive and get other documents ready if that is what it'll take.




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  • Robert Kumar
    12-24 12:54 PM
    Please advise urgently.

    Say today my I-140 is denied.
    Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
    Now I-140 is denied.
    Lawyer is opening an MTR.
    We dont know when the decision will come. May be positive, may be negative.

    1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
    2. Can I get extensions while MTR is pending.
    3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.



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  • singhsa3
    08-14 10:52 PM
    Employment Based (EB) Green Card (GC) Laws
    • The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
    • Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
    • As per USCIS Ombudsman report
    o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
    o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
    o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
    • There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
    • So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
    • FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
    • EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
    • The laws need to be changed and the process improved to fix the situation.
    What does it mean?
    • There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
    • Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
    • Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
    o You will have to stop working, if your EAD is not renewed in time.
    o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
    • You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
    • If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
    Immigration Voice (IV) Executive and Legislative Efforts
    • Lobbying is an efficient tool to influence law and rule making.
    • IV was very active in lobbying for CIR 2006, which was passed in senate.
    • IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
    • Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
    Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV

    http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc




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  • ahmed
    03-07 03:54 PM
    I'm impressed by the quality of all your guys' work. I voted mlkdave :)



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  • WaitingUnlimited
    03-08 03:37 PM
    It all depends on the officer who makes the decision.

    One of my friends applied for 140 in July 07. He got RFE on Mar 08 to submit payslips for 08. He was on bench from Jan08-Mar 08 and was not having payslips.

    He just sent W2 for 07.

    Surprisingly his 140 approved without any questions.

    So, try your best to get the payslips or pray for the god!




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  • rongha_2000
    07-11 06:08 PM
    This is a very interesting thread. People PLEASE USE THIS LINK and lets all email / send a letter to Mr. President and Mr. Vice President.

    IV Core Team, please draft a template so that everyone could use.

    Thanks Mihird for finding this link. Great Job!!!
    Here is what I sent
    ***************
    So much for illegals and nothing for legals who played by the rules? Is there a hope for us legal immigrants anywhere in sight?

    I request you to please look into the case and feel the pain and frustration we go through every day.

    Attached is the link
    http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
    *************************



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  • sodh
    07-24 12:57 AM
    Hi,
    My situation is as follows:
    1) approved RIR labor 2002
    2) approved perm labor 2005
    3) approved i-140 2006 (PD 2005)
    4) ALL of above for company-A. 2006 company-B took over.

    My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.

    I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.

    SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(

    Regards,
    -Ravi
    Your Lawyer is right if the merger is only asset type and not transfer of shares between your old company and new company your application will be rejected.




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  • sukhwinderd
    08-22 02:41 PM
    you can renew your DL by showing a copy of H1 receipt and letter from employer regd employment. DL office clerks dont know this so your lawyer might have to call their supervisor. take your 140 along as well, actually all the documents.
    one of my co-workers got it renewed based on H1 receipt. and we are in FL.




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  • grupak
    03-01 12:50 PM
    ^^^^




    humsuplou
    11-30 02:48 AM
    Hi,
    I am trying to apply for an emergency advanced parole to visit my critically illed granma back home.
    I have a pending I-131 application with the receipt date of Aug 14th. I understand that I can goto my local USCIS office to apply for emergency AP, is that right?
    What document do I need? I have a hospital letter with their letter head. What else do I need? And is there anything specific things that need to be included in the letter?
    Also, is there anyone who has suuceed, or failed to get one with medical emergency of family memeber?
    Any advice/feedback/sharing will be very much appreciated. I have an appointment with the local USCIS on Tuesday.




    polapragada
    10-23 05:56 PM
    This seems pretty amazing. I wonder how it will play out in action.

    "On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
    Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.


    * WHO WILL BENEFIT FROM THE NEW LAW?
    Not only does the new law eliminate the infamous "widow penalty", it does so much more!
    When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
    There are few options for surviving relatives:
    For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
    There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.

    1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
    2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
    3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
    4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
    5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
    Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.

    ........
    * EXAMPLE #4 - Employment-Based Petition
    Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".





    * CONCLUSION

    The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
    However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."

    http://shusterman.typepad.com/nation...y-members.html


    It is very good law...Thanks for sharing..



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