Thursday, June 16, 2011

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  • ngopalak
    10-14 06:11 PM
    I am in a similar situation...filed for AP in June...mine got approved...wife's AP has not gotten approved yet....planning to travel in early December.

    I tried expediting for financial loss and got email saying that is not enough reason....

    I am thinking of refiling my wife's I131 and paying the extra $300...now. What do you guys think...is there a chance of approval before end of November or is it a lost cause...




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  • BhanuPriya
    01-13 07:27 PM
    Hi All,

    Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
    1) You need to fill the form G-639 to get the I-140 documents.
    2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
    3) After filling the form, Notarise it (Your bank will do it)
    4) Attach all the documents with this form and send it to:

    USCIS National Record Center
    FOIA Division
    PO Box: 648010
    Lee Summit, MO 64064 - 5570

    5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

    6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

    I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

    Please keep in touch if you have any other details.

    Bhanu




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  • roseball
    05-01 12:30 PM
    Usually, the I-485 application is considered abandoned and eventually denied if you dont show up for finger printing...

    However, if your I-140 from the previous employer is approved, you can still use that to port your PD to your current petition...You might need a copy of the old I-140 approval to do so....




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  • shikra1
    11-10 03:33 PM
    Remember, USCIS only tells us "total" I-485 receipts. They don't break it down to what many of us are interested to know, which is, how many are family based and how many are employment based. There is no way to know how many of the 150K receipts issued in Sept for I-485 were EB.

    FB and EB combined annual limit is 366,000 immigrant visas (226K FB + 140K EB)

    Again quoting from the monthly visa bulletin:

    "Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320."



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  • smartboy75
    09-22 11:11 PM
    09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases

    If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
    Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
    OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
    Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
    Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.

    Source: www.immigration-law.com




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  • brick2006
    04-21 03:44 PM
    well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..

    If the company gives a letter of avaliablity of the job..will that be binding?
    i.e. should i work for that firm..after getting a GC..

    Hey don't get too hasty here.
    You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.

    Here are my answers:


    BTW are you from IT BHU?



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  • desi3933
    02-18 07:55 PM
    One of my close friend and her husband both had Greencard. She delivered baby in India in 2002. They were not able to get their son to US. They tried visitors visa for the baby but the consulate rejected the visa. The baby is still in India with his grandparents. They filed for his greencard (family based). They are counting days to get their son to US. He is already 6 years old. It is very tough for the parents and kid. I am not sure about the other options that people has mentioned. But I see my friend family directly who are facing this problem. I don't think it is a good idea.

    Parents must have made a trip to US without kid. The rule is very clear. It must be parents' first trip back to US with the kid.




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  • hsd31
    03-17 07:24 AM
    From your post it looks like option 1 is a no-go. You will waste more time and you will have to start back at square one again if the appeal is rejected (which it most likely will, given that the facts are against you). It will be more advisable to re-start the process and go with option 2.

    I will also suggest that you get yourself a new lawyer. You should have never applied in EB-2 given you had a degree dated 2002.



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  • joydiptac
    08-06 11:58 PM
    Article is excellent. Thanks for sharing.
    A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.

    If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.




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  • Munshi75
    04-07 11:00 AM
    I am almost sure that if your work place (physical presence ) happens to be at a Not-for -profit organization, you case would be a cap-exempt one. However, last year USCIS and lawyers association had a lengthy debate about the legal -wordings, over this issue and i have no idea what happened afterwards



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  • snathan
    02-11 11:42 AM
    What are IVs recommendations ??

    You can get that information from donor forum.

    Thanks,




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  • kghoshal
    11-17 04:52 PM
    My Dear friends I need your valuable suggestion. I have decided and fixed my mind to return home after 8 years as I recently got laid off after working 4 years in same company. My EB2 LC was pending last three years Dallas backlog. My previous employer will mail me W2 to my India home address. I do not know how to file Tax from India. Do I need to buy Turbo Tax software before leaving home? You can understand my present scenario. Any kind input will be much appreciated.



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  • snhn
    12-04 10:02 AM
    with this type of money and job, you should have filed for EB2.. why EB3




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  • shana04
    07-23 12:58 AM
    Shana,

    Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.

    It's simple process.

    Thanks

    Thanks pcjandyala



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  • jsb
    11-29 04:22 PM
    It may be better to get a bank-draft or money-order for required C$, and attach to the application. In any case, Canadians are far more accomodating, they will not reject your app just because fee was not right to the cents.




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  • franklin
    06-15 02:52 AM
    H1 B extension under current laws (if on H1B for 6 years)


    3 years extension if I140 approved and PD NOT current

    1 year extension if LC approved and PD IS CURRENT


    EAD or H1B - both RIGHT NOW are only 1 year extensions...

    As I understand it, as long as you don't travel using your EAD, you can maintain H1B status. If you use EAD, you lose H1B

    btw - as a side note, having multiple questions in 1 thread is almost impossible to track and answer. Ever heard of thread hijacking?!



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  • ilangocal
    04-07 10:41 AM
    Hi
    I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.

    Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.

    Please clarify. I am trying to understand this clearly.
    Thanks very much




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  • hpandey
    06-02 03:18 PM
    You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?


    You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.




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  • DDash
    09-23 04:44 PM
    Hi boreal,
    I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.

    In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.

    Thanks for this info. Would you mind sharing the fax number? Thanks in advance.




    breddy2000
    12-08 07:02 PM
    vet04, Unfortunatly I dont have an answer to your question but if you dont mind can u pls let us know more about your current job so that I can start looking at your current job as an option for me incase if I get a green card. I am serious and not kidding. I want to know who is paying
    200k salary in this job market and what is the job requirement for that.

    He/She might be a "Veterinarian" as his handle is named " Vet04".Might be frustrated working with Animals all day and looking for a change,but honestly I do no know whether Vets get paid so much...:D
    Just kidding and no offense meant...:D




    h1bemployee
    02-26 10:41 AM
    When was your H1-B amendment denied?
    What is your current LCA salary vs. original LCA Salary?

    10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....

    I was working on getting those documents, I was in constant touch with my employer...

    two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl



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