EB-VoiceImmigration
09-08 02:32 AM
As I understood from one of the attorney's post in this forum, that we can port priority date if we submit sufficient documentation while applying for I-140(for second GC process).
If I-140 is applied and pending or already approved then I' not sure if there is any chance to submit addendum to port the date..may be attorneys can help here.
If I-140 is applied and pending or already approved then I' not sure if there is any chance to submit addendum to port the date..may be attorneys can help here.
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eilsoe
10-08 10:56 AM
After half an hour in PS, I can now say... thats I was wrong... not inspired anyways...
Made some crap thats all...
Made some crap thats all...
srgadi
06-30 02:12 AM
Thanks all. I think the labor only says BS + min 3 years experience in related field. What are the chances that if I proceed on Monday, I will get an RFE on this? And would there be anyway I could respond to that RFE successfully?
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angelfire76
06-04 03:37 PM
This is a good thing.
These consulting companies who were abusing the visa will be taught a lesson.
People used to complain a lot about desi companies and now when USCIS has finally become tough they are complaining about it.
You cannot have it both ways.
The same RFE is also being issued to companies like Accenture, Deloitte and IBM consulting as long as the keyword "technology services" appears in the petition. How about that? This is not 2nd or 3rd hand news, but the couple of guys and a girl sitting in the cubicles adjacent to mine who work for Deloitte got the same standard RFE. Heck, you can't call them "cheap" labor as most of them drive Beemers or Audis and one of them also has a Masters from Caltech (probably better qualified than you or me Mr. Teli or any of the USCs we have working at the company :rolleyes:)
These consulting companies who were abusing the visa will be taught a lesson.
People used to complain a lot about desi companies and now when USCIS has finally become tough they are complaining about it.
You cannot have it both ways.
The same RFE is also being issued to companies like Accenture, Deloitte and IBM consulting as long as the keyword "technology services" appears in the petition. How about that? This is not 2nd or 3rd hand news, but the couple of guys and a girl sitting in the cubicles adjacent to mine who work for Deloitte got the same standard RFE. Heck, you can't call them "cheap" labor as most of them drive Beemers or Audis and one of them also has a Masters from Caltech (probably better qualified than you or me Mr. Teli or any of the USCs we have working at the company :rolleyes:)
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belmontboy
07-01 02:30 PM
thank you
why are you thanking yourself? :D
why are you thanking yourself? :D
Sandeep
01-23 09:14 AM
DO we guys have a plan, a project ?
How we want to approach these critical subjects ?
How are we using the funds ???
The reason why I am not contributing is I dont know where the money will go or is goin right now ????
-First of all I am happy to note that you said WE guys not YOU guys.
-Yes, we have a plan. To put it in generic terms, what we have to first do is to get professional help. Over the last 2 weeks, guys have taken pains to come on their personal time and money to D.C. to listen to and decide on such an organization. Not to mention the numerous telecons in which many of the volunteers have participated. On top of that we are launching on a membership drive to let people know of this organization. We are also planning on having a coordinated organized approach to meeting lawmakers.
-The funds would be primarily used to get such a professional organization. A little bit of it may be required for other purposes like say the PR /getting the message out
-The money as of now is not"going" anywhere - it is being collected for the uses I described above. Note that all the members have been spending from their pockets for all the meeting/visits I described above. Be assured that none of us are doing this for monetory reasons - in fact all we are getting is lesser time for our families and a lot of hard work.
-Unless people start contributing there is no way that we can do any of the activities mentioned above. To wait for the full details of the actions makes no sense for me. If I knew all these steps, why would I hire a strategist?! Also if people are not willing to contribute the money/ not do anything, how much committed are they to the cause?
If you want me to call and explain this, send me a PM with your phone number.
How we want to approach these critical subjects ?
How are we using the funds ???
The reason why I am not contributing is I dont know where the money will go or is goin right now ????
-First of all I am happy to note that you said WE guys not YOU guys.
-Yes, we have a plan. To put it in generic terms, what we have to first do is to get professional help. Over the last 2 weeks, guys have taken pains to come on their personal time and money to D.C. to listen to and decide on such an organization. Not to mention the numerous telecons in which many of the volunteers have participated. On top of that we are launching on a membership drive to let people know of this organization. We are also planning on having a coordinated organized approach to meeting lawmakers.
-The funds would be primarily used to get such a professional organization. A little bit of it may be required for other purposes like say the PR /getting the message out
-The money as of now is not"going" anywhere - it is being collected for the uses I described above. Note that all the members have been spending from their pockets for all the meeting/visits I described above. Be assured that none of us are doing this for monetory reasons - in fact all we are getting is lesser time for our families and a lot of hard work.
-Unless people start contributing there is no way that we can do any of the activities mentioned above. To wait for the full details of the actions makes no sense for me. If I knew all these steps, why would I hire a strategist?! Also if people are not willing to contribute the money/ not do anything, how much committed are they to the cause?
If you want me to call and explain this, send me a PM with your phone number.
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indianindian2006
04-09 12:56 PM
So far he addresses only illegals.
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glus
10-15 11:16 AM
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
The above is 100% correct. The immigration law does not "invalidate" H1 status if one uses EAD to work P/T or second job if All the H1 requirements are met and the person continues to work for H-1 sponsor at the same time. Then, one is still in H-1 valid status. If one leaves H1 employer or switches to a different employer LEAVING the original H1B employer by using EAD, then one is no longer in H-1 status.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
The above is 100% correct. The immigration law does not "invalidate" H1 status if one uses EAD to work P/T or second job if All the H1 requirements are met and the person continues to work for H-1 sponsor at the same time. Then, one is still in H-1 valid status. If one leaves H1 employer or switches to a different employer LEAVING the original H1B employer by using EAD, then one is no longer in H-1 status.
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kshitijnt
04-26 03:40 PM
Thanks so much for the responses.
I have my receipt number. And I am trying to get a hod of my case folder from th company lawyer.
"As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1."
Is there any way I can check if th H1 was applied for change of status without information from the company lawyer?
Thanks again.
The change of status would have been effective in october. You do not need to inform USCIS until september. As a matter for your benefit, avoid it telling to USCIS until september. Check with previous company's lawyer if they applied change in status. The attorney will tell you that. I-94 that comes with H1 status change, and is your property and you can demand that from the company. If they do not cooperate, inform USCIS anyway.
I have my receipt number. And I am trying to get a hod of my case folder from th company lawyer.
"As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1."
Is there any way I can check if th H1 was applied for change of status without information from the company lawyer?
Thanks again.
The change of status would have been effective in october. You do not need to inform USCIS until september. As a matter for your benefit, avoid it telling to USCIS until september. Check with previous company's lawyer if they applied change in status. The attorney will tell you that. I-94 that comes with H1 status change, and is your property and you can demand that from the company. If they do not cooperate, inform USCIS anyway.
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dallasdude
05-08 02:20 PM
It's well worth the risk now that EB2 is back to 2000. But talk to your attorney and see what he thinks is best for you and your family. I would go ahead and file for EB1 if I were you.
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wanna_immigrate
04-22 09:23 AM
Democrats Revive Immigration Push - WSJ.com (http://online.wsj.com/article/SB10001424052748703404004575198601410995496.html?m od=WSJ_hps_sections_news)
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snathan
05-17 04:48 PM
Hi,
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
You can have place of birth as Nepal and you would come under Nepal for GC Chargeability. So you dont have to wait the long Indian line.
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
You can have place of birth as Nepal and you would come under Nepal for GC Chargeability. So you dont have to wait the long Indian line.
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ashoka
09-25 12:38 PM
How do I see or get LUD for I140 ? Mine was approved in DEC, 2006. Applied 485 in August 2nd week. Will I also get LUD?
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mchundi
04-10 12:04 PM
For a change I was listening to Rush today. Interestingly he was very neutral about Bush's proposal. He thinks the new proposal is to the conservative's liking, but not sure how this will be implemented. Bush's push is our last hope this year. Nancy Pelosi does not want to take up any immigration bill that is not likely to pass(afraid of failure).
--MC
--MC
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abhisam
01-08 12:03 PM
Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.
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rahul2699
05-19 08:31 AM
Please check the thread http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Pappu -- Is there anything i need to do besides sending the e-mail. I've sent the e-mail twice and its been a week since the contribution has made. I am by no means waiting desperately waiting to get access to donor forums but i am curious. Please let me know what i am missing. If the team is busy, may be IV should think about looking for more volunteers.
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Pappu -- Is there anything i need to do besides sending the e-mail. I've sent the e-mail twice and its been a week since the contribution has made. I am by no means waiting desperately waiting to get access to donor forums but i am curious. Please let me know what i am missing. If the team is busy, may be IV should think about looking for more volunteers.
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LostInGCProcess
11-12 01:28 PM
Why do we need a transit visa if we are just passing by the airport( I know UK has this rule). Can someone please share if we really need the transit visa. I am travelling on next week to Chennai via Frankfurt.
If you have a valid (unexpired) US visa and traveling, to OR from US, to any country via Germany, then you DON'T need a transit Visa.
If you are traveling on AP, you need transit visa via Germany.
Quote from the German Mission web site:
Nationals of the following countries are required to be in possession of an airport transit visa when passing through the international transit area of airports in Germany:
AFGHANISTAN, BANGLADESH, DEMOCRATIC REPUBLIC OF THE CONGO, ERITREA, ETHIOPIA, GHANA, INDIA, IRAN, IRAQ, JORDAN ** (please see below), LEBANON, MYANMAR, NIGERIA, PAKISTAN, SOMALIA, SRI LANKA, SUDAN, SYRIA, TURKEY
Exceptions: Nationals from the above list are entitled to transit through the international transit zones without an airport transit visa:
1. If they hold a valid visa for the United States of America
2. If they return from the USA after having used the visa
3. If they hold one of the following residence permits:
* Form I-551 permanent resident card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (no expiry date),
* Form I-327 Re-entry document (valid for two years — issued to holders of a I-551),
* Resident alien card (valid for 2 or 10 years or no expiry date. This document guarantees the holder’s return only if his stay outside the USA has not exceeded one year),
* Permit to re-enter (valid for two years. This document guarantees the holder’s return only if his stay outside the USA has not exceeded two years),
* Valid temporary residence stamp in a valid passport (valid for one year from the date of issue).
If you have a valid (unexpired) US visa and traveling, to OR from US, to any country via Germany, then you DON'T need a transit Visa.
If you are traveling on AP, you need transit visa via Germany.
Quote from the German Mission web site:
Nationals of the following countries are required to be in possession of an airport transit visa when passing through the international transit area of airports in Germany:
AFGHANISTAN, BANGLADESH, DEMOCRATIC REPUBLIC OF THE CONGO, ERITREA, ETHIOPIA, GHANA, INDIA, IRAN, IRAQ, JORDAN ** (please see below), LEBANON, MYANMAR, NIGERIA, PAKISTAN, SOMALIA, SRI LANKA, SUDAN, SYRIA, TURKEY
Exceptions: Nationals from the above list are entitled to transit through the international transit zones without an airport transit visa:
1. If they hold a valid visa for the United States of America
2. If they return from the USA after having used the visa
3. If they hold one of the following residence permits:
* Form I-551 permanent resident card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (no expiry date),
* Form I-327 Re-entry document (valid for two years — issued to holders of a I-551),
* Resident alien card (valid for 2 or 10 years or no expiry date. This document guarantees the holder’s return only if his stay outside the USA has not exceeded one year),
* Permit to re-enter (valid for two years. This document guarantees the holder’s return only if his stay outside the USA has not exceeded two years),
* Valid temporary residence stamp in a valid passport (valid for one year from the date of issue).
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mdmd10
08-27 05:03 PM
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
I believe the answer to that would be a 'No'.
If your spouse is claiming AOS benefits as a derivative by virtue of being your spouse then that would be the legal claim for those benefits.
However, the divorce would suppress that legal claim and as such there would be no way for the spouse to apply for those benefits as a derivative.
I believe the answer to that would be a 'No'.
If your spouse is claiming AOS benefits as a derivative by virtue of being your spouse then that would be the legal claim for those benefits.
However, the divorce would suppress that legal claim and as such there would be no way for the spouse to apply for those benefits as a derivative.
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cooldude
08-03 09:54 PM
Today nebraska issued total 4234 cases which includes all kinds of applications.
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:)
How do you know??
last Lin numuber is lin0722554234
:)
How do you know??
snathan
02-21 02:37 PM
I am from India.
Not a good place for GC.....:eek:
Not a good place for GC.....:eek:
msp1976
01-11 11:34 AM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
No ..There would be no problem...
In fact tell the lawyer to attach the 140 application receipt to the H1 extension and ask for a 3 year extension..at least 1 year they got to give...
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
No ..There would be no problem...
In fact tell the lawyer to attach the 140 application receipt to the H1 extension and ask for a 3 year extension..at least 1 year they got to give...
