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I got a similar RFE, except I have been asked to provide government documentation stating why mother's name is absent in birth certificate. Can anybody help on what type of government document can I obtain? Getting a new BC won't be possible, as my parents are currently in the US, and would return after the RFE response deadline. Can I get a court order regarding this effect? Any template would help.

Thanks.

EB-2 India
AOS filed July 2007
PD April 2007
Currently on H1-B (renewed till 2011)

Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

Could this gap be a issue, That is why they are asking starting 12th April 2004?

Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

Please advice.

VS


You should be fine as the extension was filed in advance. Was your second H1 approved on 04/30/2004....That possibly could be one of the reasons it started on 04/30.....

Attorney Prashanthi Reddy is in India now on a vacation and will not be on IV chat till the 3rd week of January. She plans to conduct her chat sessions once she comes back and I or someone else will post details.

Hi!
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.

I was wondering if you know of any law that I can show them and ask them to pay for the same.

Thanks in advance :)


-Supported the million dollar drive

Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998

Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."

http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf

Legal fees may be different.

Can u post the link to that bulletin announced on 9th july 2007? We didnt find anywhere ?

vaishu


Visa Bulletin
Number 108
Volume IX
Washington, D.C.


The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.

The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.

Input by Krupa:

The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.

My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd

LUD is 8/12/2007

Does this mean anything ?

I have an LUD of 8/12/07 as well and I sent my 485 on August 7. Therefore, I think this LUD means diddly squat.

Count me in

Hi

We are in AOS pending status.iam on EAD.

After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)

Any suggestions.

Thanks

You are NOT on a non-immigrant visa now and you are in AOS, Hence, if you kid is born outside the US, you would not be able to bring him/her on a non-immigrant dependent visa (H4). The only option, as a layman, I see is that file 485 for your kid in the consulate once your PD becomes current or file follow-to-join once gc is approved. Others can throw light on this!

Yes. This is probably one of the simplest RFE's to reply. Other members have provided enough details on what to include. Some more documents I can think of are:
Dependent Medical Insurance, Joint Auto Insurance, Joint lease/mortgage agreement (joint residence), flight tickets of vacation trips together.

Dont worry if you dont have "all" of the mentioned documents. I hear that USCIS attaches a barcode sticker for the reply, and having this makes them easier to track your reply.

Thank you all for reply. I'm refiling my wife's 485 today, fingers crossed! Will update the forum as I get any info from USCIS.

One word. Congrats. Lots of people get GC on immigrationvoice.org with PD's in 2002 and 2003.
Great news for newbie's like me with PD in 06/07.

Paskal,
You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.

A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).

Could you please throw some light on the following:
- Inspite of the visa officer's determination, is she still "a marked man"?
- If you are subject to the 2 Yr. HRR, is mentioned on your visa?

By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine

I will really appreciate your thoughts.

Thanks.

you cannot apply for an H4 until your waiver is complete
does not matter how long you are on a J1, once you get one, you are a marked man.
similarly there is no question of filing a 485, even if you could file it there cannot be an approval till the waiver is done, likely will be rejected.
do please ask an attorney though.

Finally, My I-485 got approved.
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)

Before answering something like this, you should know what you are answering.

could you please explain?


UPDATED my original post: also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?

How did you guys find out your Name Check Status. Do we have to call USCIS to check for this or is there any other way to confirm this.

thanks,

Thank you ksrk for your reply on validity of I-94.
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.

Thanks

1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.

2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.

-K

DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.

The suit is for naturalization applicants, Bavi vs. Mukasey, filed in Central Cal. District.
http://www.aclu-sc.org/News/Releases/2007/102697/
Class-action suits are usually moving very slowly, however...

My documents will reach attorney on Monday and he promised to file before July4.

Wht do u mean..partially?

http://www.immigration-law.com/Canada.html

06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension

* AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.

Some of our members like JunRUN, Hermione etc. already guessed that 800,000 is the total no. of applications received including 131/765 etc. Kudos to you!!.

In California,

www.edjoin.org

You need to be a credentailed teacher to get a H1B in most cases. For credentialing, you either need a B Ed from India or complete the teacher credentailing program in US. For the credentailing program, you will need to get your degree evaulated, pass the CSET exam or Praxis in some cases and finish the university requirement.

Pls PM me if you need more details.