Saturday, June 25, 2011

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  • deba
    05-29 10:41 AM
    Be careful about claiming residency thru employment for a Canadian company while outside the country. It is not automatically considered. I had the first hand experience myself while applying for Canadian citizenship. I was a few days short, however was able to prove my case because I was employed by a Canadian company which was doing business in the US and I was a frequent business visitor. I was approved because of all other things considered, time spent in Canada, family ties, owner of residential property in Canada etc. etc. But overall it wasn't a pleasant experience proving my case to CIC. I had to organize tons of paperwork and proof to prove my case. So just don't assume you will meet the requirements of residency with only a remote employment connection with a Canadian entity.





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  • robert5156
    07-26 11:56 PM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.

    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?

    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.

    Thank you very much for your advice and help in this matter.





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  • Madan Ahluwalia
    02-23 02:55 PM
    Two things:

    1. You might benefit from 245(k) provisions. Check with your attorney.
    2. Do not provide tax returns. it is not required at the time of filing of green card application.

    Good luck.





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  • michael_trs
    11-18 11:34 PM
    485Mbe4001,
    Sorry, I didn't understand...
    Is it possible to switch to EB2 if my company already applyed for LC as EB3? Or I need to start with LC processing again - it means that I loose a year for LC processing, right?



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  • banta4u
    07-13 04:23 PM
    Looks like the PERMANENT SOLUTION was to allow all applicants to apply for AOS....but it's losing ground, it seems...

    Looks like July 485 applications will be accepted soon....from the looks of it USCIS is admitting it's mistakes...

    http://blogs.ilw.com/gregsiskind/
    >>>>>>>>>>>>

    BATTLE TAKING PLACE AT CIS OVER PRECISE REMEDY IN THE VISA BULLETIN MESS
    I have been reporting on plans for USCIS to make a major announcement today or Monday regarding fixing the mess created by USCIS' not quite valid claim to have fully processed all remaining cases for the fiscal year.

    Apparently, there are multiple camps arguing for different solutions, according to more than one of my sources with at least one side arguing for providing interim work and travel benefits without a visa number being available (the "permanent" solution), another arguing for only accepting adjustment applications for July and other possibilities as well. The "permanent" solution camp has apparently lost some ground since yesterday.

    An announcement today is still possible which might make sense given the holding up of publishing of the Visa Bulletin and the deadline imposed by Congresswoman Lofgren. But obviously USCIS has to decide what it wants to do, check the legality, then draft and release a press statement.

    I'll update you as I learn more.





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  • ivvm
    10-07 08:54 PM
    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.

    Since your I-94 is already expired, you need to consult an attorney. Assuming that it wasnt expired..you could have re-entered from Canada/ Mexico using your new passport, assuming you have a valid visa, and they would have issued you a new I-94 at the border crossing.



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  • trueguy
    08-28 02:09 PM
    Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"

    With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.

    I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications


    That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.





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  • Munna Bhai
    08-03 12:09 PM
    So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa

    If your I-485 is pending, you need to apply for H1b extension and it will be for one year increment.



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  • dessoya
    10-07 07:39 AM
    i voted for coppertop ;)

    props to all :love:

    ~:azn:





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  • newuser
    04-13 12:23 PM
    Recently travelled through EWR using AP without any issues. No questions asked. Only issue was the wait time in the secondary inspection room. There were about 25-30 people waiting infront of me. It took one hour 30 mins to finish the process at the secondary inspection room.

    On a side note, if you are travelling through Frankfurt airport, don't buy liqour either in US or India b'coz the security people won't allow liqour bought on non-European countries and non-european airlines.I have to throw away the stuff in the airport.



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  • kaisersose
    02-18 10:26 AM
    This is how it works.

    DOS will decide on a certain number ovisa to be released during a quarter. They will draw an estimate and set the cut-off to a certain date so that USCIS can request visa numbers.

    As an example, let us say they decide to release 500 visa numbers for India EB2 the following month and set the cut off for that category to April 2004. USCIS will have a demand for thousands of visa numbers for EB2 India with PDs earlier than that date. DOS will release the 500 numbers and then they will push the date back to April 2002 or something to cut down supply till the next quarter. If there is demand for visa numbers even below this cut off date, they will reduce it further or change it to U.

    We could have predicted the movement better if USCIS and DOS were one. But since they are not, it is almost impossible. Like how DOS shocked USCIS last year by unexpectedly setting all PDs to current. The other complication is since many EB3 are now changing over to EB2 with earlier PDs, forget DOS, even USCIS does not know how many EB2s it will have to process.

    In short, continue to expect the same pattern of erratic movement.





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  • Vishal2007
    02-04 06:33 PM
    i was totaly upse about this post, here is my correct entry

    definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),



    definitely your entry should be deneid, you are not uncapale to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic voilence there are on citizen/GC (either one of them),



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  • immigrationmatters30
    04-29 09:13 AM
    There are 26 pages in this document and half page for legal EB immigrants.

    Pros
    1.GC for MS in STEM
    2.Per country limits removed

    Cons
    1.No increase in number of EBs
    2.Now all counties will be backloged instead of just I and C. ( Misery loves company)



    Well, he has one now (or at least some sort of frame work)
    http://immigrationvoice.org/media/SenateDraftProposal.pdf

    Getting the Financial Regulation Bill for debate, and now going ahead with democrats only bill on immigration - hello! Sen. Reid seems to have his groove back!





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  • VivekAhuja
    09-29 01:53 PM
    You cannot get reimmbursed or file a claim. You can but will not get $$ back.



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  • knowDOL
    06-19 09:33 PM
    :D :D :D :D :D :D :D
    :p :p :p :p :p :p :p :p

    :confused: :confused: :confused: :confused:

    I don't know what else to say and I am wondering how ignorant you could be. Even 2008 October bulletin will not be current for EB2 India (cutoof date may not be even Dec 05) with the current 140,000 visas per year.





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  • santb1975
    08-01 11:33 PM
    Great Initiative from a Great Person



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  • gc_check
    06-29 01:33 PM
    Good lawyer...mine is taking 6-7 business days after submission atleast. Though, I did not fill any forms, I filled a questionairre and she will use that to fill the forms, that might delay things a little.

    All the forms require applicants signature, Folks download the forms, complete and sign it and send with all the documents ASAP if filing through an Attorney along with the questionnaire. We used to have the same process, complete the questionnaire and then complete the forms, mail it back for signature... but now as the Legal have to file numerous petitions, they asked us to go ahead and fill all the forms and send the docs requested. they will contact back only if issues, else will file and then will notify us. Also make sure you sign all the form and also attach a G28 form signed and attach for each form, I485/765 and 131. This will save lots of time.





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  • DC ASH
    09-20 10:14 AM
    My corporate attorney told me that one is okay as long as one doesn't sya beyond 180 days from expiry without applying for a renewal, so you have 6 months to apply.

    Better check with an attorney, but I am sure you are just fine.

    Also, we had a 'nunc-pro-tunk' situation, but that kicks in only after 180 days , so I told.
    Are you saying that one can apply for extension within 180 days of H1b expiry date !?





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  • gc_kosam
    06-02 04:11 PM
    Thanks

    What is the basis for the answers? Please provide some reference.

    I thought that answer to
    Q1: Yes they need to re do I-140
    Q2 : Regular timeframe


    Guru's can some one give your thoughts to my 2 question (here I am posting my 1st post again for the reference):

    My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My queries are

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application

    2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.





    overhere
    07-18 11:08 AM
    I discussed this to a lawyer. He said that even if I file in August, it will still be accepted since I am qualified to apply in July. This is a bit confusing.

    I was thinking of looking for new employer which already has all the paperworks done (10 + 30 days). These are valid until 180 days. I hope to find one so that I can file this July.

    hope you'll find one. good luck.





    anilsal
    12-20 09:47 AM
    Stephen Colbert on comedy central has turned out to be one of the most influential persons in the media. Along with Jon Stewart, Stephen is supposed to be one of the influencers of young minds for the last congressional elections.

    I am not sure if he has really taken any stance on legal immigration. I am confident that it is favorable.

    A question is whether IV has really approached Stephen. Lately, I saw Jack Welch on the show. Apparently, every congressmen who appeared on Colbert's show has won the last election.

    Here is a thread on comedy central I started on this.
    http://www.comedycentral.com/shows/the_colbert_report/message_board.jhtml?c=v&t=3456

    I am damn sure that a lot of law makers (or their staff) enjoy Stephen's antics.



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