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My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

But that petion is based on EB2 :p


Hi there,

IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.

Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?

Sanjay,
Thanks for your reply.
Was your interview an "initial interview"? was the spouse with you?
I am taking all documents, but what specifially they look for? I am confused by what they mean "Originals and copies of all supporting documents submitted with the application"? Does this mean documents submitted with I-485 or labor certificate?
Can you post or PM your esperience?

I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?

Sue them buddy. It has potential to become a class action. Wipro is the worst employer with third class management. Managers at Wipro can't even spell Management correctly. Couple years back interviewed with and was sitting on a bridge waiting for these clowns to call in for 35 minutes. After talking to them for first 5 minutes, I hung up my cell phone and never picked their call again. Azim Premji should go back and sell his cooking oil. Managers responsible for this kind of fraud should do 20 years in federal penitentiary and then deported back in plane full of shit to their native country:D.

I agree with the posters who say that the employer is probably trying to frighten you. It is very difficult to restrict a person's right to work wherever they want - or to restrict an employer hiring whoever they want - especially in Texas. However, it is not really an immigration question. You or, ideally the client company, should see an employment lawyer here in Texas.

wow :D I have done good here :D :lol:

well, the guy with the green swan stamp should win though :love:

Hi,

My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
that time frame I would have already applied for my EAD renewal.

Can I transfer to Company B during this renewal process?

Thanks
AK


I do not beleive that EAD is company specific, it is yours like a green card, they will not ask anything whilre renewing green card.

Thanks
peer123

You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.

Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

Please advise.:confused:

I'm in Chicago and will like to move to Atlanta area....Do you guys know how is the IT market (Architect, .NET) doing in this area? Looking at dice and computerjobs, i do see the same jobs getting repeated...Any thoughts will be greatly appreciated..

I am currently on OPT but it expires in three weeks. I will be forced to go back to F1 status since H1B was real bad this year.

My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??

CAN SOMEONE PLEASE HELP??!!

Yes you can.

Hi All,

I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.

Here is the complete process that I have followed from start to End:

* I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.

* Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
* Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
* On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.

**** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****

*Then he will drop you at US Consulate and stay outside until you pass the security line.

* After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
* After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
*After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.

At the Visa Interview counter:

Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.

VO: Why did you change the company from your Old to New.
ME: Explained the situations.
VO: Do you directly work for the client of your Current Company.
ME: No, I work for a client of another Vendor.
VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
VO: How do we trust that you are really working for the Client.
ME: I pulled out my client letter and Photo ID Card and gave it to VO.
VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
ME: Handed over all the W2's and Payslips.
VO: Can I see your bank statements for last 3 months.
ME: Gave my bank statements.
VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
ME : No.
VO: What is your job description.
ME: Explained.
VO: Is your greencard petition filed.
ME: Yes.
VO: Can I see your Approved labot and I-140.
ME: I have approved labor, but, not approved I-140.
VO: You are supposed to carry all the documents.
ME: Blank face
VO: Okay, your Visa is approved.
ME: Thank you :-)

NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.

We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.

Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.

Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.

Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.

After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.

If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).

If anybody have any questions, please let me know.

Good luck.

Have you tried to get an appointment in Calgary, Halifax or Quebec City. These 3 places are normally the easiest to get visa appt.

Also answer depends on number of questions.

1) What is your current nationality

2) Do you have expired H1 B stamp in your passport ?

This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!

Here is the link to database:
http://www.flcdatacenter.com/CasePerm.aspx

smartboy75,

I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.

AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.

If in doubt kindly read through the text that you pasted in your message.

Thanks.


Source www.immigration-law.com

07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008

USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.


So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???

Hi All,

I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?

I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.



tinoue I will suggest talk to lawyer,
As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
Otherwise they might assign New One..
If you remember on I-485 Application there is place for A#.

This is how PD and RD work.
ASSUME ALL ARE EB3

Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)

USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"

In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.

Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.

This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.

True, however...

USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.

Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!

Thank you all for sharing the response from your lawers.

I haven't got any response from my lawyer yet, but in the mean time I called USCIS customer service. At first time, I was transferred to ae 2nd level operator, but while I was waiting, the phone was disconnected. So I called again and explained my situation again to a different operator (1st level). This time, she did some investigation and told me that I should have only one A# and opened a service request. She informed me that I should get a response by Oct. 25.
But some of your lawyers said that they have seen the same situations and there has been no problem, I think it is ok to have two different A#s.

Thanks!

We were not even included in this counting :)
our ND is in Oct

Paskal:

Thanks for your kind reply. I am new to Buffalo, NY. Just moved from California. I dont know much ppl here. There is lots of indian community here but dont know why none is responding. If I can find one guy also I can book a car and drive there for rally.

saravanaraj -
Would you consider riding a bus?

http://immigrationvoice.org/forum/showthread.php?t=12567

Please vote!

Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.

Thanks

Literally this means that by now they have processed only those applications, for which priority dates are current and they had been filed before April 2007. But they are outright lying! I personally know a EB3 guy who filed 140 premium and 485 in May 2007 and got GC before the July fiasco.
Who beleives that since the last June frenzie (66000 approvals in one month so that they "have used" all the quota for 2007) and 7 months after that they didn't process anything beyond April? I don't!

You see, it means the haven't been processing any applications since at least June 2007! :mad:
Yes, even with priority dates current we are now stuck in the "processing backlog" which they expect to clear by the end of 2010 according to our "friend" USCIS Gonzales, because "there were too many applications filed in June-August", See? it's all our fault again.