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same_old_guy

10-27 01:49 PM

The Director of the U.S. Citizenship and Immigration Services (USCIS), Emilio Gonzalez, stated in an interview with the New York Times that he is recommending a significant increase in USCIS fees to cover the cost of processing applications. While the article specifically mentions naturalization applications, it does not clearly limit the recommended increase only to this application. It is possible, therefore, that many applications and petitions processed by the USCIS could be affected by his recommendation.


http://www.murthy.com/news/n_feepos.html

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pd052009

11-18 07:08 AM

FI...I got my DL yesterday, 40 days after giving DMV tests.

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tish

06-26 05:37 PM

question about i-20. do u need to submit only 1 i-20 that you received when entered the school or u need to submit the travel i-20 u get whenever u travel outside usa while on f1 visa?

Doesn't matter as long it is in SEVIS system

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puddonhead

02-28 02:08 PM

Changing from L1 to H1 has nothing to do with your GC process.

Since you have L1 - you have most probably worked outside the US for at least 1 year with your employer. If this 1-year stint was at a managerial capacity (5-6 people reported to you at least, and you are at least 2-3 positions removed from the entry level) and was within the last 3 years - then you can apply in EB1 category.

I changed from L1-H1 as well. I was not able to apply in EB1 since my 1-year stint was outside the 3 year window.

Whether you can apply in EB1 or not has no connection with whether you are on L1, H1 or even outside the country. The EB1 requirements are similar to L1requirements (in fact identical to L1A requirements) - and that is why you see lots of L1A guys getting their GC early. There is a definite correlation - but no causation.

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newuser

10-05 08:23 PM

I need a little advice on sponspring my uncle vistor's visa from India

My uncle works in auto industry and I would like to nspor him for a vistor visa. His family will not be visting and he is taking care of his in-laws as well.

Does including his family members make any difference?

Also, having a different family name makes any difference in the sponsor's letter?

Any help is appreciated.

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sbind_77

09-04 04:52 PM

March I applied H4 for my wife. It's still pending. She is travelling to India next month and will be back only Feb. Currently she is having valid AP till next yr and we are planning to use AP this time. If you are applying H4 not along with H1 then it'll take longer time, but you can get H4 stamping in India with your husband�s valid H1 document. You don't need to have H4 document for your stamping. One of my friend�s wife similar to your situation got stamping in India without H4 document.

-Bala

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andyny73

12-09 10:31 AM

Thank you for your reply.

Andrea

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spaceguy

07-21 10:29 PM

Can anyone please reply.

Your wife can apply for SSN and can work on using EAD. This will not affect your status. You can still work on H1.

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anilsal

10-16 06:17 PM

320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??

I am sure you have not updated your profile. Ha Ha!!!

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mzdial

January 20th, 2004, 11:40 PM

Here's to wondering if the 14n isn't moving.. I've personally seen just a couple actually in the field, not a favorite of news photogs and I'm not sure what market is picking them up.

It's tough to compete with all of the emerging DSLR's and that's obviously good for us consumers.

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inskrish

07-23 12:24 AM

Just curious. Is there anything special with the date "07/18/08"?:)

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Kodi

06-12 04:56 PM

My company is using

David Frankel
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16 East 34th Street
New York, NY 10016
(212) 679-4666

He's really good.

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mbartosik

06-14 12:33 AM

If you are on speaking terms, and she is in USA, then consider extending an olive branch to her. You can always extend the olive branch after you get a receipt notice for your I485.

I think that she can file as a dependant separately, using your receipt notice, so you don't have to decide before filing. It would be unusual, but I think possible. That approach may have several advantages.

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Blog Feeds

07-27 06:00 PM

Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
A quick review of the list of largest H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)users for FY 2009 shows high tech and Silicon Valley topping the list. The top users of the H-1B program for 2009 included multi-national technology companies headquartered, and with branch offices in Silicon Valley. Wipro tops the list with 1,964 new H-1B visas. Microsoft is second with 1318, but then Intel Corp has a big drop off at 723 H-1B's The list of Silicon Valley companies continues, including Infosys Technologies (440), Qualcomm (320), Cisco (308), Oracle (272), Google (211), Yahoo (183), Apple (168), Nvidia (130), and Hewlett Packard (115). While there is no way to know whether these companies sponsored employees located in Silicon Valley, as opposed to another office location, it is clear that high-tech and Silicon Valley are standouts on the list of H-1B employers.

Those who assume the H-1B is a tool used primarily by IT companies may be surprised to see the number of prestigious universities and medical facilities also nearing the top of the list. H-1B visas are work visas for professional workers who typically require at least a Bachelor's degree for entry into their profession. This includes teachers, professors, doctors, and scientists in addition to engineers.

The first two pages of the list are below:

H-1B Users Fy2009 (http://www.scribd.com/doc/31016678/H-1B-Users-Fy2009)

http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:7Q72WNTAKBA)
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FinalGC

06-15 12:53 PM

Experts:

I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.

I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.

My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.

I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated

>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<

However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??

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sriswam

12-05 03:51 PM

I havn't gotten mine yet. Filed on Sept 11th at VSC. Check seems to have cleared though -according to the Attorney. However I guess the delay in my case is the exception rather than the rule.
Funny thing is that we got the approval notice today! No receipt notice though.

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gccovet

11-20 01:00 PM

But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company

Beautifulmind,
I was not sure, hence I asked you to check with a good attorney. Will your work be different then described in your LC?
Did not mean to create confusion for you.
Good luck.
GCCovet

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bigboy007

11-01 11:46 AM

bump ... any ideas please

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surabhi

06-03 09:54 AM

Hello,
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!

From Ron Gotcher

http://www.immigration-information.com/forums/showthread.php?p=13499

He can do that, but there is a chance that the CIS will reject the change of status application on the basis of preconceived intent. If he does come here, he should wait 60 days before filing the change of status application. My recommendation is that he apply for an H-4 abroad and then enter using the H-4 visa.

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askreddy

07-26 12:49 AM

Hi

Which part of address change trigger RFE

1) Submitting AR11

OR

2) Changing address for pending 485.

Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.

Thanks

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shimul99

10-04 04:20 PM

my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.

what is safe for her? does she have any deadline to go back? is it 15 days or a month....

someone please let me know...thanks ahead

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ajpreddy

08-23 11:36 AM

I did change my address when my 140 is pending, i did take care of AR11 form and after that you will be given a screen for change of address on the pending applications, i did do that too.
After 3 days LUD was also changed with the new address change, i received a letter from USCIS about the change of my address on file.
My 140 also approved successfully on 08/15/2007

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Charleh

11-30 11:04 AM

Well I'm not sure about datalists but assuming you have edited the object in memory the binding should reflect the edits. If not I usually just write a Requery method which queries the data source again and rebinds the offending control

You might want to have a look at CSLA - it's a library for maniuplation of business objects supporting parent/child collection heirarchies, error providing, multiple undo levels etc etc - it certainly speeds up creating a business app around here. We usually combine it with CSLAGen which is a template generator based on CodeSmith which generates CSLA objects for you from a database schema - all you need to do is write the sprocs which get/update/delete the data and then it does the rest (you might tweak it a little here and there).

It's got a bit of a learning curve but once you know what you are doing it's invaluable! That would solve your refresh issues :)

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uppaji

10-27 03:28 PM

Hi,
My labor was filed in Feb 2003. I got my 45 day letter last year or so and was replied by my employer. But still now no word on it? What do you suggest? Are we supposed to contact USCIS through my attorney?
Please suggest.

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mchundi

09-12 04:20 PM

nkavjs, I am with you brother.

so am i. called the USCIS custoner service rep. she asked me to call back in the last week of sep.

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GCHope2011

02-27 04:20 PM

I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

Thank you very much.
If you are on F1, you need to be attending courses in-person - so e-learning/ distance learning is a voilation per-se of F1.

Now, if you were attending the courses in-person, you can be residing anywhere (particularly in cities close to state borders), and your residency will be the address where you are staying, not the university you are enrolled in. There is nothing in the rules to be a resident of the same state as your Univ is.

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Nagireddi

04-04 10:27 PM

You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:

http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html

1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.

I agree with greyhair.Though you can start LLC, you should still be able to pay taxes as for S corp. Contact you accountant.He will explain to you better.Good luck.

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Rajwaitingon140

09-21 04:51 PM

I'm in the same boat.

Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.

After reading your post today, I checked the online status again and the LUD is 9/17.


When did you filed your I-140

Thank you
RajWaitingon140
I-140 applied in month of DEC'2006 and Still Waiting.

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realizeit

07-23 03:40 PM

View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4007)

Senate Judiciary Committee
Subcommittee on Immigration, Border Security and Citizenship
DATE: August 6, 2009
TIME: 10:00 AM
ROOM: Dirksen-226


OFFICIAL HEARING NOTICE / WITNESS LIST:
July 23, 2009

NOTICE OF RESCHEDULED SUBCOMMITTEE HEARING

The hearing on "Comprehensive Immigration Reform Roundtable: Employment-Based Immigration to Propel America's Economy While Protecting America's Workforce" scheduled before the Judiciary Committee, Subcommittee on Immigration, Refugees and Border Security, for Wednesday, July 29, 2009 at 2:15 p.m. will now take place on Thursday, August 6, 2009 at 10:00 a.m.
By order of the Chairman.

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AirWaterandGC

06-07 09:51 AM

Thanks a lot, tikka.

hope this helps:
http://immigrationvoice.org/forum/showthread.php?t=4745&highlight=15th

maybe you can refer to that thread and close this one?

thank you

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dohko

07-29 02:25 PM

Well, He doesn't know a whole lot about immigration issues.
I already have my green card so I don't have anything to hide.
I just need some advice because he's in a different field. (engineering) and I got mine in Market Research.

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dohko

01-11 09:15 PM

Well I have some experience, but It was before I got my Bachelors. Would that count?
So if the company requires an MBA + 0 for the job that could work?

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chanduv23

11-09 07:04 AM

Folks,

I was current starting Sept 1 and did not get my GC till Oct second week. However, during the first week of Oct., I wrote a detailed letter to Secy. Napolitano and also to the Ombudsman. I got my GC subsequently. Yesterday, someone from USCIS called me and said that he was calling in response to my letter to Secy. Napolitano. He congratulated me on my GC and asked me if everything had gone OK and if he could close my letter out. Just thought that this information might help someone who is stuck in the queue of being current, but not getting a GC. Please file 7001 form with Ombudsman and contact Secy Napolitano if you are in this situation.

COngrats - these things do work. Urs is not a difficult situation so it was handled easily. Basically visas were available and there was no reason to not give you a GC.

I read in other threads that people who make service enquiries are getting cryptic responses like "we cannot deny you but waiting for DHS ...." etc..
Such letters must be sent to Ombudsman and Secretary Napolitano so that they understand what goes on at a level below them

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VivekAhuja

06-16 07:15 PM

Possible if Master's is in same field.

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wellwishergc

02-27 12:51 PM

I think these bills are too complicated and have possibilities of failing on the house floor, even if they pass through the senate..

My question to the group is: Does it make sense for us to lobby for changes to existing laws as 'amendments/enhancements' (do not know the exact term), which need not go through this full-blown congressional approval process.. Another issue that we are facing with the bills such as immig. comprehensive bill is that we get tagged together with illegal immig., so it becomes all the more probable to get rejected. I am just being realistic and urging the IV team to add one more action item to the agenda and see if we can put some efforts towards this additional agenda.

I think, in addition to supporting the bills, we should look at this additional possibility. Something like allowing I-485 even though the number is not available, just requires an amendment to the existing law. It does not require additional quota, so there is no major impact to immigration law as a whole. So, we may not need to wait for a bill to clear, in order for such reliefs to be approved.

My take is: we should strive for 3-pronged approach - 1) near short term approach is to ask for immediate relief such as I-485 filing without the visa number availability; there may be other such reliefs possible - 2) short term approach is to support the current bills being considerd, as we are doing already - 3) long term approach is to think of what is the backup plan in case 1 and 2 fails

Just thinking out loud here.

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de2002

03-24 05:15 PM

http://firstread.msnbc.msn.com/archive/2009/03/19/1843837.aspx?p=1

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12-27 10:56 PM

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MightyIndian

09-28 12:55 PM

I filed to NSC on 7/20 but receipted by CSC on 9/20 acknowledging the receipt date as 7/20 and transferred I-485 alone to NSC reataining I-765 and I-131. Since then no FP notice or LUDs on I-485 from NSC but EAD and AP are approved from CSC.

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kanshul

01-26 03:04 PM

I agree with all the above.

Also, since you wokred on EAD, you are no longer in H1B status. You will be OK - but it is better to ask the H1B petitioner to withdraw the H1B application to avoid any future complications.

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PD_Dec2002

03-20 07:58 AM

Can i travel back to USA via London/UK without a valid US visa but with a valid AP?

London is kind of picky to make sure we have a valid US visa when traveling via their country and have to change planes.

My friend was coming back to USA via Emirates (Dubai/London/USA) and he was prevented to board the Dubai to London segment because he did not have a valid USA visa and they were not considering the AP documents.

Flew in on BA via London using my AP in February and everything was fine. They all know what an AP is. But I hope you are aware that you are required to have a UK transit visa since you do not have a valid US visa; just an AP. That's approx $92 per visa.

Or you can perform a search on these forums for a thread that listed the airlines (countries, actually) that do not require you to have a transit visa if you are reentering US on a AP.

Thanks,
Jayant

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kshitijnt

04-17 07:13 PM

Hello,

I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.

1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.

Thanks,
Gaurav



Hi Gaurav-

I do not recommend getting a stamp from canada. Sometimes the Consular officer there can not ascertain her past academic record and her F1 may get rejected. I think you should file I539 to change status. That is safest. If, by chance, I539 is rejected, she can apply for F1 at US consulate in India.

I would advise that you guys travel to India one semester before she completes her studies. One of my wife's friend did that and her F1 was approved despite changing status in US from H4 to F1.

My wife is also in same situation and has F1 status after changing it from H4. She will be graduating this summer but we may travel to India as not travelling will mean she is away from her family for too long.

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Michigan123

06-16 09:12 PM

LCA for H1 not for GC processing. My GC LCA is difefrent than H1B LCA .
I am not sure if any New LCA is required for 485 ...At least my company has not initiated any new LCA..

But they do file for H1B(LCA) if there is any change in work location.

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11-02 09:49 AM

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bindas74

07-19 04:23 PM

I have changed jobs using EAD after 1.5 years of filing I-485. Can I file for a new Eb-2 case with my new employer and port the priority date of my EB-3 case ? Thanks.

Hi,

I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.

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Green.Tech

07-18 03:38 PM

Premium processing for 140 has been suspended until July 31, 2007.

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Alice141

03-26 02:52 AM

Hi All,

I would like to ask if it is possible, and how long does it take if so, for
my parents who live in India to visit me in the UK, then we all apply
for tourist visas for my brother's marriage in the US.

I have indefinite leave to remain in the UK but am not a citizen yet.

The earlies times for appointment for an interview for my parents
in India is 4 months! whereas my brother will be getting married in 3...

Is it possible for them to get the tourist visa for US from here in the UK?
How long would that take if applicable?

Thanks all very much,

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pscdk

08-30 02:12 PM

I applied my 485 as a single on July 17th.
I got married and then applied my spouse's on Aug 16th.

Since I am married now, will that cause my application to get rejected as I applied as Single.

I am not sure how would this be handled at USCIS end ?

Any idea ?

I believe your application won't be rejected as you can always add on your spouse to your 485 application after you get married, before your 485 application gets approved or rejected and when your priority date is current

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lord_labaku

07-07 06:24 PM

renew it.

its like an insurance. My priority date has been current for 4 months. No approvals so far. Still waiting.

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October 3rd, 2006, 03:31 PM

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snathan

02-17 09:05 PM

I want to do H1 transfer . But I do not have pay stub of Jan and Feb 2009 . Right now I got a project which will be starting from March 1 to 31 March . But before that I want To Transfer my H1 . Doses H1 Transfer need recent Pay Stubs ?

Yes...You need.

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prioritydate

08-18 05:22 PM

PD is Nov 2004 (transferred from a previous EB2 filing).
RD is July 29, 2007

May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.

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05-04 05:50 PM

If you show proof you are planning to go back to India if he terminates you, then the employer most likely will ask you to book the ticket and will refund the amount after you show him the ticket receipt.

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