Thursday, June 30, 2011

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  • gijarh
    02-12 01:55 AM
    Guru's please help with the following situation: Labor PD: Dec 2002, Labor approved Feb 2005, I-140 approved May 2005, Filed I-485 (because of retrogation) in May 2006 for both me and wife. Got EAD Dec 2006. Got laid off in Feb 2007 from sponsoring company and decided that I have had enough of US immigration waiting and returned to home country for good in April 2007. Changed address to friends US address for USCIS records just to make sure that any communication from USCIS does not get lost in the mail. Was sure that the employer will cancel the whole GC process. But to my suprise on April 21st 2008, received the automated email from USCIS that 485 has been approved. The I-797 approval notice of action was received at my friends US address with a note that the plastic card should arrive within 30 days. This was back in April-May 2008 time frame. Well the plastic card never arrived inspite of phone calls to USCIS to either cancel the 485 or send the card.

    Can someone please educate me as to what I should do get the 485 cancelled and stop further processing of my wife's 485. I am afraid that I am stuck in a situation where the USCIS records indicate that I am a permanent resident when they never fully approved my case in time, while I have been out of the US for 2 years and do not intend to return. The US Consulate here has been of no help. Will this have any overhang for future US visits/immigration for me and my wife or for my children who are US Citizens.





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  • IV2007
    06-18 07:08 AM
    My wife's name was changed when we got married in the passport to add my name as her last name.

    This is not reflected on her birth certificate.

    I am planning on taking 2 affadavits. But I don't have a format for this special case.. Is there any one who has gone thru this ? Also pls provide me with the format...

    Urgent reply..

    Thanks
    shree





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  • kirupa
    04-29 03:03 PM
    Added them all up ;)





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  • ssdtm
    11-20 01:06 PM
    >>>>>>2 H1 is possible as long as the hours you propose are within justification.

    Is the hour in each important or the minimum wage. I believe it is the mimimum wage that counts.

    >>>>>>>Likewise applying for greencard from 2 places of your work may get you an RFE asking for your true intention to work full time for a employer

    The greencard is only from the first H1. In fact I have already filed I-485 on basis of my employment with this co.



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  • arunoman
    09-06 04:28 PM
    Am in a strange situation

    I filed I-140 and I-485 together in Aug 2007. I got I-140 receipt waiting for I-485 receipt.

    I-140 - Status - Pending

    Can I work in UK or Canada for some time?

    Kindly advice.

    Thanks in Advance





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  • Didiusthegreat
    09-25 01:29 PM
    I've made your logo allright??



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  • perm2gc
    12-20 06:24 PM
    publish:

    "http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"

    to counter: (same article in 3 places)

    http://www.theconservativevoice.com/article/21297.html
    http://www.townhall.com/Columnists/P...ing_h-1b_visas
    http://www.humanevents.com/article.php?id=18532
    Every article will have same content.Everyone know their claims are not legitimate.





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  • VivekAhuja
    05-18 06:15 PM
    What US address did you give USCIS? And what are you planning to give them later?



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  • forgerator
    10-23 11:28 AM
    I was married in India as per Muslim law and currently both of us hold US citizenship. At the time of marriage we both were indian citizens. What kind of rights do my wife has on my property in India on our divorce (I bought these properties after my marriage and it is all registered under my name) ? In US, both husband and wife would share any property that we aquired after the marriage. Does the same true in India?

    Thanks for your help. I pray no one should go thru these type of issues in thier life.

    Well , the law states that the property accumulated after marriage has to be divided. Did you buy that property in India with money you accumulated in the US? Did you transfer that money from US to India? Was that money accumulated after marriage? If yes, then it will be divided as well. Of course it's best to check with lawyer first.





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  • zCool
    04-23 12:21 PM
    You will qualify.
    Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
    I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
    Beware!



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  • agiridhar
    04-17 12:24 AM
    Looks like from the posts from the main page that its a love-hate relationship between these job-shops. And the problem is analogous to chicken & egg problem, one can never understand who is insane and one cannot survive without the other.

    Also may be this cannot be generalized but must be dealt on case by case basis. As every individual and entity and their circumstantial situation is different.





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  • alex05
    04-05 09:27 AM
    what is the 2nnd RFE about? Is it related to the first one?



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  • wandmaker
    10-08 03:20 AM
    Hi,

    I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.

    Thanks in advance

    If you have not received any RFE or NOID or DENIAL or APPROVAL with in 15 calendar day of your PP upgrade then you are entitled to receive the PP fee by USCIS policy. One catch though, not sure whether it will be applicable if your GC was approved with in 15 calendar days of PP upgrade - just throwing one exception. You will never know what is in fine printing :)





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  • thankgod
    05-13 09:39 AM
    I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?



    Green card application sis always for future employment.

    Happily you can use your 140 and Priority date. No problem.Everything is under control.



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  • tosca_travels
    09-27 02:17 PM
    I have an approved I-140 and my 3-year H1-B extension is currently being processed but not in premium and has not been approved yet.

    I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.

    Many thanks!





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  • snhn
    03-12 04:57 PM
    My old labor from 2001 is now up for review. This past Friday, my company put an ad in the newspaper. Dept of labor asked for
    3 consecutive days and 1 posting in the office. Sunday was the first day. Basically I have a question. DOL has already placed an ad
    on American job bank. They basically have Bachelors as the requirement. They do not mention what the discipline the bachelors need to be in.

    However, the ad my company placed last Friday has Bachelors in computer science or Computer information systems. The job description is the same as the one
    DOL posted on American Job bank. Do you think because they just used Bachelors in their posting and my company used Bachelors in Computer Science or CIS will
    make a difference. Another words, can DOL reject my labor because of that. DOL, by using Bachelors, they are saying that anyone with Bachelors can apply. While my company is saying, only CIS or CS grads can apply.

    Actually my attorney from 2001, made a mistake when he filed ETA 750. He listed education as Bachelors in Computer. So basically the advertisement should have been Bachelors in computer, as such what DOL is asking for. Mirror copy of ETA 750. However my company is saying that Bachelors in Computer is such broad term and does not make sense. That's why they placed the ad with Bachelors in Computer science or information systems. So having said that, what are chances that DOL will reject that advertisement, and make us re do it using Bachelors in Computer like the ETA 750 form is asking. Can we amend the form at this later of the ball game.

    The advertisement is like 1000 for 3 days. The company picked up the tab this time, but if it is a mistake then I would have to pay for it. The did not even want to pursue this since they already have PERM and I140 approved for me. Getting this old labor certified for me, I would save a lot of time and be able to file 485 since my date is current. Using PERM priority date, it will take years.

    Any thought will be appreciated.

    Also, how do I remove him as the contact person for my labor. My company doe not want deal with him anymore.

    can they send a letter for Backlog Center in Dallas.

    Thanks!



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  • lazycis
    10-19 01:22 PM
    I have a similar timeline - applied for LC in February 2002, got approval in December 2003, filed I-140 in February 2004, I-485 in March 2004. Currently filing for my fifth EAD! The USCIS not only tortures the whole family (it's a common practice that name check is pending only for primary applicant) but makes us to pay for the wait! My son was born around the time we filed for adjustment of status, he will go to school soon but we are still not sure whether we will be allowed to stay. We cannot plan ahead and open education funds for our children. My wife cannot go to college, as she is not eligible for in-state tuition discount. Needless to say, I am forced to sacrifice my career as the whole thing is dragging for 5+ years and I have to work at the same position to keep GC process alive. I've got MCSD certificate and outgrew my position long ago. I cannot quit my job and found a new business.
    The USCIS explains the delay by national security interests, but the national security requires the very opposite - speedy processing of the background checks.





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  • hibworker
    01-24 03:51 PM
    Hi,

    I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.

    My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:

    Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.

    Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.





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  • uma001
    11-20 07:06 PM
    OP sounds unrealistic





    pd052009
    10-26 11:18 AM
    I have recently renewed my passport in Washington, DC. As I stay far away from DC, I get it renewed by post. It took exactly 40 working days to get the new passport. I remember, you have to select a date while filing the application form. So, dont wait... apply asap.
    Hi all, My passport is going to expire next month (November 28th). I can drive easily upto DC consulate .. wanted to know if there is anything specific I need to do. The website (Embassy of India - Washington DC (official website) United States of America - Application for a New Passport or Reissue of Passport (10) years (http://www.indianembassy.org/index.php?option=com_content&id=167)) does not mention anything about "walk in to consulate" information.
    Specifically,
    1. Do I need to call and book appointment ? If yes, is there a minimum waiting time to get an appointment, like how many days before ...
    2. Will I get the renewed passport the same day ?

    Any other points/instructions that you think are important please let me know.

    Thanks in advance for your help. :)





    cthd
    12-22 10:03 PM
    They should exempt PIOs from this new rules. If back from a vacation and there was an emergency back home ( within 60/90 days?), can't i take my US citizen kid to India ?

    Its only for tourist visas. Take PIO card for your kid.



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