deecha
02-26 02:28 PM
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
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chprav
11-05 10:28 AM
Finally I got mail from USCIS on 11/04 saying my AP is approved. But the message says it is approved on 10/17. I didn't know why they took so many days to update the status? Is it normal?
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Ramba
07-29 07:15 PM
Ahem.. ? :confused:
Technically speaking, an immigrant visa should be immediately available to approve her 485. So, she needs to wait till her PD (which is in fact yours), become current again. You may contact a lawyer orCongressman/Senaters or USCIS regarding this situation. But I doubt it will yield any positive results. As she is a derivative applicant, she will have no problem in approval, except the waiting game. If it going to be very long, once you acquire a citizenship, you can file a I-30 for her and she will become GC holder immediately.
Technically speaking, an immigrant visa should be immediately available to approve her 485. So, she needs to wait till her PD (which is in fact yours), become current again. You may contact a lawyer orCongressman/Senaters or USCIS regarding this situation. But I doubt it will yield any positive results. As she is a derivative applicant, she will have no problem in approval, except the waiting game. If it going to be very long, once you acquire a citizenship, you can file a I-30 for her and she will become GC holder immediately.
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JunRN
12-27 08:12 AM
Just an advise: Check what's on your I-797 and that's your official receipt date. Count 180 days plus 1 after that and you're good to change employer with same/similar occupation.
more...
LostInGCProcess
11-10 05:05 PM
Hi,
Thanks for the reply and sorry for creating multiple threads.
- First H1B Employer "A"
-----------------------------
Approved: Oct 2006
Stamped: December 2006
Visa stamp valid till : Oct' 2009
H1B transferred to Employer "B" : June 2007
Traveling to India: November ' 2008
On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
I have moved to Employer "B" by that time.
The Status of I-797 for Employer "A" on USCIS website got changed
to "Cable sent to American Consulate or port of entry notifying them of approval.".
My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?
If yes, doesn't that means that I will NOT be able to use that H1B
visa stamping and *new* I-797 from Employer "B" at port of entry?
Thanks again..look forward to your response
You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.
Thanks for the reply and sorry for creating multiple threads.
- First H1B Employer "A"
-----------------------------
Approved: Oct 2006
Stamped: December 2006
Visa stamp valid till : Oct' 2009
H1B transferred to Employer "B" : June 2007
Traveling to India: November ' 2008
On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
I have moved to Employer "B" by that time.
The Status of I-797 for Employer "A" on USCIS website got changed
to "Cable sent to American Consulate or port of entry notifying them of approval.".
My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?
If yes, doesn't that means that I will NOT be able to use that H1B
visa stamping and *new* I-797 from Employer "B" at port of entry?
Thanks again..look forward to your response
You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.
desi3933
02-11 10:43 AM
Hi All,
I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.
As per my understanding these are the options:
1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...
2) I can join my H1 employer...
Can anyone of you please suggest if these options are correct OR is there any other better option available...
Eagerly waiting for responses...
Thanks,
Gagan Chodhry
Were you in status at the time of L1 extension? Probably not, as your H1 extension was approved with new I-94 starting Oct 1st.
You applied for L1 extension on Oct 15th.
Would you mind sharing the denial reason with us?
__________________
Not a legal advice.
I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.
As per my understanding these are the options:
1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...
2) I can join my H1 employer...
Can anyone of you please suggest if these options are correct OR is there any other better option available...
Eagerly waiting for responses...
Thanks,
Gagan Chodhry
Were you in status at the time of L1 extension? Probably not, as your H1 extension was approved with new I-94 starting Oct 1st.
You applied for L1 extension on Oct 15th.
Would you mind sharing the denial reason with us?
__________________
Not a legal advice.
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vin13
05-19 01:34 PM
My friend,
to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.
How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.
Immigration is more of a domestic political issue/concern. It is mostly based on popularity and vote bank. This is not a major bilateral concern for US and India. I guess that is why i am saying India's PM may not be able to influence much.
Anyway i don't want to beat this to death. Just an opinion.
to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.
How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.
Immigration is more of a domestic political issue/concern. It is mostly based on popularity and vote bank. This is not a major bilateral concern for US and India. I guess that is why i am saying India's PM may not be able to influence much.
Anyway i don't want to beat this to death. Just an opinion.
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edaltsis
07-23 07:14 AM
It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.
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martinvisalaw
03-24 01:45 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
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deecha
08-06 11:15 AM
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
I think you should resend the packet in with proof of prior mailing.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
I think you should resend the packet in with proof of prior mailing.
more...
LookingForGC
12-09 02:13 AM
by the way, I forgot to mention that I was in India when my GC was adjudicated on Oct 22.
At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.
So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D
Congratulations!
Good to know this info. Best wishes!
At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.
So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D
Congratulations!
Good to know this info. Best wishes!
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njboy
09-11 01:35 PM
well, he is talking only about the backlog processing centers...so..there are no i-140s backlogged in the BPC because.......there are hundreds of thousands of labor certifications that need to be cleared first..only after which they can apply for i-140! Like I said, he is focusing on the positive, which is a good thing..Someone else (erroneously) said that the department of labor and the backlog processing centers are 2 different entitities..however, I'd like to point out that, the job of clearing the labor certs has been transferred over from the state workforce agencies to the backlog processing centers..so, ignoring that, and saying there is no i-140 backlog is just focusing on the good news..
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GCBy3000
07-11 09:10 PM
Is it allowed to publish it without my permission? I dont mind putting it anywhere, but just curious to know.
That was a very good inquisition in your letter GCBy3000. Thanks for your effort to send it to David Obey (is he a journalist btw).
It appears that he has circulated this and it has somehow gotten into the political circle.
it is very good for us to increase visibility on this issue more on Capitol HIll.
That was a very good inquisition in your letter GCBy3000. Thanks for your effort to send it to David Obey (is he a journalist btw).
It appears that he has circulated this and it has somehow gotten into the political circle.
it is very good for us to increase visibility on this issue more on Capitol HIll.
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file485
07-17 11:25 PM
Thats why I degraded my cable service so that CNN will be blocked.
haven't you heard 'keep your friends close..keep your enemies closer'...blocking the channel might not help...
there is an online petition happening here..
after we have seen what can be achieved, I don't think so it will be really tough to make it clear..
haven't you heard 'keep your friends close..keep your enemies closer'...blocking the channel might not help...
there is an online petition happening here..
after we have seen what can be achieved, I don't think so it will be really tough to make it clear..
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mihird
07-11 05:29 PM
www.congress.org is not a government site. Please do not mislead people here into thinking that this site has any affiliation to The Congress.
Dude, don't accuse me of anyting...I never said its a government site, although it does look like one - now that you are telling me that it not one - thanks for clarifying...
I think, the emails would still go to Bush/Cheney...
Dude, don't accuse me of anyting...I never said its a government site, although it does look like one - now that you are telling me that it not one - thanks for clarifying...
I think, the emails would still go to Bush/Cheney...
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varadan73
12-12 01:00 PM
What if i leave it just like that?
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jsb
10-29 03:33 PM
I checked my current labor certification. it has the following details :
ETA FORM 9089
A) PREVAILING WAGE INFORMATION
SOC/O*NET(OES) CODE
15-1031.00
OCCUPATONAL TITLE
COMPUTER SOFTWARE ENGINEER
B) JOB OPPORTUNITY INFORMATION
JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)
C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
PROGRAMMER ANALYST OR SYSTEMS ANALYST
D) JOB DUTIES
CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES
My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.
Any ideas friends?
There is no hard and fast rule in this matter. "Same or similar" is very vague. My guess is that if new work field is not drastically different you should be fine. But for AC21 application, as I hear, you need do nothing unless there is an RFE. Guidelines given by USCIS to their field office on AC21, seem to advise them to be quite lenient.
ETA FORM 9089
A) PREVAILING WAGE INFORMATION
SOC/O*NET(OES) CODE
15-1031.00
OCCUPATONAL TITLE
COMPUTER SOFTWARE ENGINEER
B) JOB OPPORTUNITY INFORMATION
JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)
C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
PROGRAMMER ANALYST OR SYSTEMS ANALYST
D) JOB DUTIES
CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES
My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.
Any ideas friends?
There is no hard and fast rule in this matter. "Same or similar" is very vague. My guess is that if new work field is not drastically different you should be fine. But for AC21 application, as I hear, you need do nothing unless there is an RFE. Guidelines given by USCIS to their field office on AC21, seem to advise them to be quite lenient.
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anilsal
07-30 01:36 AM
Unless you screw up something, they will not deny in Canada. But may in the rarest of cases ask you to go to your country of origin to get the visa.
Having a US degree helps. Just appear confident and brush up your English and accent(do not fake it. Just be normal and greet as you do with American friends. Also do not show off.). The VO really like people who seem to have assimilated into the culture.
Having a US degree helps. Just appear confident and brush up your English and accent(do not fake it. Just be normal and greet as you do with American friends. Also do not show off.). The VO really like people who seem to have assimilated into the culture.
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ragz4u
03-14 01:34 PM
Hi
Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.
Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.
Thanks
GCcomesoon
This is the link for the other thread http://immigrationvoice.org/forum/showthread.php?t=278
FYI, the debate will resume tomorrow again. Updates will be provided real time (hopefully).
Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.
Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.
Thanks
GCcomesoon
This is the link for the other thread http://immigrationvoice.org/forum/showthread.php?t=278
FYI, the debate will resume tomorrow again. Updates will be provided real time (hopefully).
bestia
07-19 01:03 PM
My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
Is Tax Return for last 3 years is required document ?
Tax returns absolutely not required. Even W2s are not required. But without W2s USCIS will more likely issue RFE, they would want to see them. My accountant told me that a lot of his clients received RFEs for tax returns, so it's good to have them in right order in case...
Your tax returns will show the case if you worked also for someone else illegaly - USCIS might want to verify that.
Is Tax Return for last 3 years is required document ?
Tax returns absolutely not required. Even W2s are not required. But without W2s USCIS will more likely issue RFE, they would want to see them. My accountant told me that a lot of his clients received RFEs for tax returns, so it's good to have them in right order in case...
Your tax returns will show the case if you worked also for someone else illegaly - USCIS might want to verify that.
gbof
08-01 08:31 PM
Thank you for your valuable input.
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.
Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?
Congressman can't help in ending this "humanitarian" trauma while I am still alive?
You seem o be enormously worried. Everyone knows dealing with uscis is a torture of a different kind. I will say Just relax and have good faith.
God Bless Our Family
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.
Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?
Congressman can't help in ending this "humanitarian" trauma while I am still alive?
You seem o be enormously worried. Everyone knows dealing with uscis is a torture of a different kind. I will say Just relax and have good faith.
God Bless Our Family
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