Saturday, June 25, 2011

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  • GlobalCitizen
    07-26 09:05 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!




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  • Leo07
    07-21 10:02 AM
    Taking the emotional quotient and any other 'angles' out of the issue. Fragomen is correct and so is your manager.

    If it comes to that, it's not worth the risk for you, your manager and your company to do anything other than what's suggested by your attorney.(Fragomen)

    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.




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  • ivuser9
    03-28 07:42 PM
    Thank you all for their replies, this helped




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  • PDOCT05
    08-15 02:09 PM
    It was signed by R William at 9:30 AM on 07/03/2007.
    Thanks much..mine was also signed by R williams at 9:03 am and my checks not cashed yet...



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  • kurtz_wolfgang
    08-15 01:23 PM
    I would suggest Jonty, not to waste your time. I posted the question in general. It wasn't specific to you. If anybody is free and feels like, they can answer.:rolleyes::cool::cool::cool:




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  • h_shaik
    11-14 04:12 PM
    Your employer gave you a red mark.

    somebody gave red mark...what happened???



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  • immi_enthu
    12-28 09:39 AM
    Which world are u? These dates are there online for more than 2 weeks now.

    They were NOT. They just put DEC 14 as the post date but they were NOT available online until yesterday. Now where were you buddy ?

    Look for the first news item posted today at : http://www.immigration-law.com/Canada.html




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  • whiz
    11-19 06:14 PM
    Depends on a lot of factors. My Sister in law, who in 24 yrs, working in India (for less than a year) and applied for Visitors visa and got it. There could be several factors that helped her.

    1. She is coming for her sister's graduation.
    2. She went for VISA stamping with her parents. (not sure if helped but I think it did)
    3. She is non-IT and had her paychecks.
    4 Consulate?? (she went to Hyderabad consulate).

    My advice. There is luck factor. Get your documentation right and hope for the best.



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  • shouldIwait
    05-22 01:03 AM
    Admins....please block this guy




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  • stemcell
    03-07 09:44 PM
    Unfortunately it means the 485 will also be denied.....
    unless you can appeal the 1-140 which is a lengthy process.....
    Hopefully luck is on your side....

    again please ask your lawyer as to what the best way to go is....



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  • Prashanthi
    12-03 03:40 PM
    If you are 21, then you have aged out with reference to both your H-4 and I-485 petition. Unless you are protected by the child status protection act, which is unlikely if your parents visa number is not available.

    Now the question is, what is you status in the United States, are you on an F-1?. If you are then you could perhaps come back on a fresh I-20 to rejoin your course. However, if you have been out of status for 6 months or more as per IRAIRA you will not be allowed back into the country for 10 years. You have to consider all these factors very carefully before you leave.




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  • karthkc
    03-27 05:47 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.

    What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.

    In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.

    If it does come up during adjudication, a good attorney should be able to compose a response accordingly.

    Hope that helps!

    --Karthik



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  • CaliHoneB
    01-24 03:10 PM
    May be my assumption is incorrect but shouldn't India and china receive same numbers for Eb3?
    Eb3 China received 3676 vs Eb3 India 3036.

    is this difference because of the number of dependents? Any comments?

    Cheers



    Annual Report of the Visa Office for 2010 has been released here...

    Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)

    Table V Part 2

    India Received

    EB1 6741
    EB2 19961
    EB3 3036

    ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)

    Other Info
    EB1 received a total of 41026 which means there was no spillover from EB1.




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  • pappu
    07-31 02:27 PM
    Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
    http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
    They will have to put just one warning.
    "Beware: Once you start the ride....
    Only luckiest of you will be able to get out safely.
    Most of you will be on this ride which has an endless loop.
    Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.

    And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
    "

    Love the analogy.

    Thanks Coopheal for leaving the IV wiki effort.



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  • monicasgupta
    11-16 11:17 AM
    I talked to Murthy about the same code but they replied that it is ok if the codes are different but the job duties matter which determine the code.

    "In practice, the INS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local INS offices and the INS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification."

    Read this at http://murthy.com/news/UDac21qa.html

    monica




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  • iad2ead
    12-12 06:56 PM
    Can admin create a poll to get some inputs from members?

    thx
    Iad



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  • priderock
    05-11 10:00 AM
    Couldn't agree more !!!. Stop fighting !!! Both have merits.

    This (consideration) may not be widely known but it is not new. I posted a link about a week ago about the senate testimony by a leading law firm (invited witness/expert) on this subject.



    From all the discussion above, it's clear bigoted minuteman types who came up with this brilliant tactic of pushing point based system to delay and deny any type of immigration reform this year are winning rhetorical victory.
    Guyz.. please just SHUT UP.. No point in fighting with each other..
    first..
    anyone who thinks point-based system is being offered as an alternative.. This is a delay tactice.. These guyz are trying to run out the clock on Democratic leadership in 110th congress!!!

    2nd...
    Those you think it's a slippery slope or point based system won't work.. what is better..? all the non-english speaking, non-skilled family migrants eating up yours and mine Social security? or USA deciding who is better suited for
    Current immigration priorities are upside-down.. and they are bound to be corrected sometime.. but lets not waste OUR time and energy in chasing ghosts..

    BUT whatever your views.. don't give any credence to this divide and rule tactic..
    look at the folks pushing this.. Lou Dobbs, Sen. Sessions, Houston talk radio hosts.. for chrissakes.. last White Power rally had more liberal membership.. !




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  • Berkeleybee
    05-24 11:33 PM
    To reinforce our fax campaign, we should start calling the senators and start reinforcing our message to them. Please do not hesitate or be shy of doing this. Now is the time that you can make a difference.

    Please stick to directions and talking points, stay on message and be calm, polite. Avoid sarcasm and rhetoric at all costs even if they disagree with you completely.

    Here are the instructions of what you should do

    Call the Washington DC Phone numbers of the following Senators. Check this post during the day because we may add to this list:

    We want to reach them as early as possible before the vote on the Bingaman Amendments S.A. 4181 and 4182 take place. The Senate reconvenes at 9:15 am tomorrow (May 25, Thursday), we do not know at when the vote on these amendments will take place, so call as early as possible:

    • John Cornyn (TX) - 202-224-2934
    • Ed Kennedy (MA) – 202-224-4543
    • Arlen Specter (PA) – 202-224-4254
    • John McCain (AZ) – 202-224-2235
    • Larry Craig (ID)– 202-224-2752
    • Lindsey Graham (SC) –202-224-5972
    • Jeff Bingaman (NM) - (202) 224-5521
    • Dick Durbin (IL) – 202-224-2152

    WHY IT IS OK TO CALL SENATORS WHO ARE NOT FROM YOUR STATE

    Even if a senator is not from your state and if that questions comes up during phone call, explain the reason for calling by saying that "Since Immigration laws are federal laws and every senator's vote affects us in all 50 states, your time and the senators support would be highly appreciated".

    Once they pick up the phone:

    1. Introduce yourself

    My name is _______ I am a member of a volunteer organization called Immigration Voice which advocates legislative changes for improving the GC processing for legal immigrants.
    I have been a legal resident of the USA for x years and my employer is sponsoring me for a greencard.

    2. Ask for the Immigration Counsel/ Staffer

    3. Talking Points

    • Very Briefly Express Overall Support for the Bill

    Request the Senator to support the Comprehensive Immigration Bill, especially those provisions that support the highly skilled immigrants. Reiterate that all of us are LEGAL immigrants and have obeyed the laws of immigration at all times. Reiterate the fact that many of us have been waiting here for more than 5 years to get our green cards.

    • Oppose the Bingaman Amendments S.A. 4181 and S.A. 4182

    At present the CIR bill has a provision of not counting dependents against the cap. This is the way it should be because employment based visa quotas are properly meant for essential highly skilled workers, they shouldn’t be wasted on their dependents. After all the American business that is trying to stay competitive by hiring this workers is petitioning to get a skilled worker, not a dependent child.
    The Bingaman Amendments S.A. 4181 and S.A. 4182 try to once again include dependents in the calculations of the annual quota for employment based highly skilled workers. This is harmful for American competitiveness, and will waste visas meant for highly skilled essential workers on their dependents.

    Urge the Senator to vote against these amendments. Remind them that Sen Bingaman’s own PACE Education bill (S. 2198) does not include dependents in the calculation of the annual quota for high skilled workers.

    • Thank the staffer for their time.

    Post Here. Once you have called these senators, post back here so that it will motivate others to do the same.




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  • harikris
    12-05 09:10 AM
    Hi All,

    We wish to apply for PIO card for our 5 month old baby at the Washington DC Indian Embassy.
    The application and the supporting documents are all in place.
    We have to drive 3 hrs to the Indian Embassy.
    Since the weather is not very co-operative, i was wondering if it's absolutely required to take the kid to the Embassy? I would like to avoid taking him if possible.

    Also, a minor question - how do you manage to get the thumb impression. Where can we get the ink pads required for the thumb impression?

    Thanks All.




    rajuram
    08-21 12:19 AM
    #4 in my post, was just to lighten the mood. Other things are definately worth considering.

    Having been in these forums for years now...I know that IV cannot do much about retrogression until president decides to push for CIR. That may be at least 1 year away, if not more. Recapture of visa numbers is also next to impossible in this economy.

    But somethings that may be worth trying in the interim are -

    1. More flexibility in changing jobs under AC21, to allow career progression. This may not require a legislative fix.

    2. Longer duration AP.

    3. Fee reduction for 2nd & subsequent renewal of EADs and APs.

    4. An apology from USCIS for the delay!!




    shankar_thanu
    08-05 12:47 PM
    RD: July 2nd
    PD: Oct 2005
    ND: Aug 24 2008
    EB2 I

    Someone in another thread posted saying TSC IO said they are processing by ND...



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