
gcformeornot
06-30 08:36 AM
You are a line jumper. Get out of here..:mad:
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retso
09-07 04:03 AM
My lawyer had applied on August 25th for the LCA. We got to know on September 3rd that there was an issue with the FEIN. We emailed the required documents to DOL on September 4th.
My H1 expires on September 30th and consequently my I94 on October 10th, so i'm a bit concerened.
I will post an update when I hear something from DOL.
Just want to confirm that I have till October 10th to get my petition to USCIS. Anyone?
Also, do i have to leave the country by October 10th if I can't get the LCA issue fixed/ petition mailed?
My H1 expires on September 30th and consequently my I94 on October 10th, so i'm a bit concerened.
I will post an update when I hear something from DOL.
Just want to confirm that I have till October 10th to get my petition to USCIS. Anyone?
Also, do i have to leave the country by October 10th if I can't get the LCA issue fixed/ petition mailed?
Sakthisagar
11-30 03:58 PM
I checked on the website, and it has a note - " Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. "
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
To my knowledge.. Indian passport is renewed now for 10 years, of course Please apply for the renewal of passport as soon as you get the new I-797. (Otherwise they might give it for one Year). So You should get for a 10 year renewal.
And regarding your stamping, I do not know your personal situation, If the travel to India is not very urgent, Please postpone it at least til you get your EAD/AP if you are planning for a permanent residency. Otherwise if you are going for stamping, its all your GOOD LUCK! especialy nowadays for H1B stamping.
Usually it takes one and half months to renew the Passport in US. I have done it way back in 2003. I am not aware how long it will take now.
Please talk to your attorney,and decide.
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
To my knowledge.. Indian passport is renewed now for 10 years, of course Please apply for the renewal of passport as soon as you get the new I-797. (Otherwise they might give it for one Year). So You should get for a 10 year renewal.
And regarding your stamping, I do not know your personal situation, If the travel to India is not very urgent, Please postpone it at least til you get your EAD/AP if you are planning for a permanent residency. Otherwise if you are going for stamping, its all your GOOD LUCK! especialy nowadays for H1B stamping.
Usually it takes one and half months to renew the Passport in US. I have done it way back in 2003. I am not aware how long it will take now.
Please talk to your attorney,and decide.
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radhay
01-08 02:13 PM
I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.
more...
deardar
07-18 09:35 AM
I pray that all the folks of the CORE team would get their I-485 approved and their GC in hand before I get mine.

indyanguy
05-08 04:15 PM
I am not sure if it's worth the hassel of trying to interfile. Since EB1 is current most of the times, it may not be worth trying to recapture the EB2 PD.
more...

immilaw
09-14 02:23 PM
me: F1->OPT->H1 (same company all thru)->PERM-> I 140 ->retrogressed
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
I would go to Canada instead of Dubai.
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
I would go to Canada instead of Dubai.
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abq_gc
08-29 10:34 AM
A very good idea... Need people to start Bogging and writing these editorials..
Media attention towards the scam of USCIS is necessary..
Media attention towards the scam of USCIS is necessary..
more...
malibuguy007
10-01 10:48 PM
Just thought I would share this with you guys. In the US a total of $306 billion were contributed to charity last year and here we are having trouble raising money for our own good - donations that would have a direct impact!!
http://www.aafrc.org/press_releases/releases/20080622.html
http://www.aafrc.org/press_releases/releases/20080622.html
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Since1997
07-18 05:01 PM
Last year the top 5 countries in EB got all these visas:
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
What is FB of 226,000 ?
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
What is FB of 226,000 ?
more...
ImmiLosers
01-09 07:48 PM
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
Yes, you can file for multiple visa simultaneously. Your I-9 may determine where you landed at last.
People have no jobs and you are talking about several offers;)
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
Yes, you can file for multiple visa simultaneously. Your I-9 may determine where you landed at last.
People have no jobs and you are talking about several offers;)
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intheyan
08-13 09:05 PM
I should those got the CARD PRODUCTION ORDER without name check are lucky and that are only few cases. Most of the cases are stuck with name check even though the PD is current and the RD rule applicable.
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cdeneo
03-26 10:05 PM
Update for anyone who would find this useful -
I sent my app using USPS express mail (next day delivery) with online tracking/delivery confirmation. No issues with delivery to PO BOX.
I sent my app using USPS express mail (next day delivery) with online tracking/delivery confirmation. No issues with delivery to PO BOX.
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Junky
10-15 08:18 AM
Send you a PM. Please reply back at your earliest.
Thx
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.
Thx
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.
more...
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natrajs
10-29 05:26 PM
Dear Friends
Please post your feedback on our Sunday Oct 28th - 2007 NJ - IV meet
It will help the Tri State chapter
Please post your feedback on our Sunday Oct 28th - 2007 NJ - IV meet
It will help the Tri State chapter
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gc_on_demand
08-06 03:05 PM
Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
more...
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harivenkat
05-17 02:36 PM
CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.
The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.
Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.
The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.
"The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."
Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.
Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.
Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.
Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.
A judge later agreed to suspend her deportation order and reopen her asylum case.
Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.
In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.
Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.
The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.
Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.
The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.
"The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."
Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.
Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.
Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.
Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.
A judge later agreed to suspend her deportation order and reopen her asylum case.
Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.
In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.
Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.
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Pallavi79
01-29 10:41 AM
what is bc & nabc?? :(
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hariswaminathan
11-20 04:06 PM
1) No.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
ItIsNotFunny
04-04 09:27 AM
Didn't work for me. May be down !
JunRN
12-17 04:02 PM
Let me answer:
During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.
If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.
If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.
What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.
If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.
If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.
Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.
During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.
If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.
If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.
What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.
If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.
If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.
Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.