Sunday, June 19, 2011

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  • indianabacklog
    07-31 12:28 PM
    This is insane and scary at the same time. So, the child will have to depart the US at that time as he will no longer be able to get any valid non-immigrant visa (except probably an H1). As immigration intent has been expressed such a child will not be able to get F-1 visa. I would have to research this further as the prospect of my child having to depart the US after the rest of the family gets a GC is just too much for me to bear at this time! I'll pose the question to my lawyer and hear her opinion.
    You can convert from an H4 to an F1. The definition of the F1 is not as strict as you might imagine, hope you do not come to this though.





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  • looivy
    12-22 10:13 PM
    I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

    At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

    1. Passports (old and new)
    2. The original Notice of Action (Form I-797).
    3. Employment Contract
    4. Labor certification (LCA)
    5. The entire approved petition (I-129)
    6. Original letters verifying your employment history and specific work skills.
    7. Original degree certificates along with mark sheets.
    8. Relevant diplomas or certificates, e.g. computer certification.
    9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
    10. Employment letter from current employer
    11. DS-160
    12. DS-160 confirmation letter with barcode
    13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    15. Payslips
    16. All previous I-797s
    17. Original AP (For your own backup if applicable)
    18. Original EAD (For your own backup if applicable)
    19. I-485 Notice of action
    20. Appointment confirmation printout
    21. Company annual report (if any)
    22. Company's tax returns (if applicable)
    23. Your personal tax returns for last 5 years. He asked for last three years.
    24. Marriage certificate (if applicable)
    25. Take your business card, if you have one
    26. Driver license
    It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

    The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

    Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

    Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

    Hope this was helpful.

    Good luck!





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  • Jerrome
    04-08 02:56 PM
    Total EB2 Primary applicants 21,843 (http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm)

    EB2 ROW and EB2 Mexico were current full last year.. So take out 3000 visas for primary. It leaves 17000 Primary to share between India and China.

    Even if it is 50% share, it would be 8500 primary applicants for india and china.

    Still the PD for India did not move beyond December 2003.

    I don't know man.. How many pending applications are there before 2004 for india EB2.





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  • jvordar
    04-17 08:18 PM
    guys have a question for u..
    i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
    now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...



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  • lazycis
    12-21 06:53 PM
    I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?

    1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
    2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
    3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
    4. Does my new company has to give same exact responsibilities as my labor certificate?

    I would appreciate if any one replies to these posts. Thanks in advance.

    1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
    2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
    3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
    4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.





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  • Denver Nuggets star Carmelo



  • dummgelauft
    05-15 09:45 AM
    Hey, what you think or say does not matter. This is what lawyers are for, go hire an attorney.
    Oh! I might have forgotten that you might be working for a desi consultant, who will pad your resume to make it look like Kernigan's or Ritchie's. ..maybe they can qualify you for EB-1...



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  • carmelo anthony wife. Carmelo Anthony, Lala Vazquez



  • alex77
    10-08 02:12 PM
    Thanks. Any response/LUD on your 485 after your letter to confirm they did revoke G28?

    I did the same this one month back. All you have to do is the letter to USCIS telling them that your attorney will not represent your case in future and please mail all the communication directly to my registered home address.

    Send this letter to address mentioned in I-797 Notice of Reciept of I-485 with acknowledgement return address card.

    Look for my previous post related to this and you will find the sample letter as well.





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  • Their 3-year-old son, Kiyan,



  • tarnp
    November 10th, 2004, 07:36 AM
    I would try downloading the software update from nikon and reinstalling it to see what happens.. it is fairly simple.. there are "A" and a "B" programs that need to be loaded independently... the instructions on the site are straightforward... I have had D-70 since they came out and have had no problems.... If your local retailer will not stand behind the camera it seems nikon should... isn't there a year nikon warrenty?



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  • Carmelo and his son,



  • IneedAllGreen
    06-28 02:47 PM
    Apreciated your quick response.

    Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right





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  • madsat1234
    06-01 01:04 PM
    Received Appointment Letter today..

    Asked for Medicals, Tax returns(Last 3 years), birth Certificate, and Affidavit of Support I834(mine is not Family based GC) why did they ask me. Is there anyone else in the same situation

    I am the primary Applicant, PD Jul 2003, EB3

    There are no visa numbers available for this category. Why Interview call..

    Even if they selected my application randomly there are no visa numbers available..

    Please help..



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  • Carmelo Anthony amp; LaLa Unveil



  • gcformeornot
    08-08 04:25 PM
    there already a big thread on this subject. Its right there on IV Homepage

    http://immigrationvoice.org/forum/showthread.php?t=12135

    Please refrain from creating threads for such matters. It adds confusion.





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  • yjprakash
    10-20 04:07 PM
    I faxed expedite processing request on last Tuesday and sent email to Ombudsman.

    there was soft LUD on same day (address change) on my 485 & EAD & AP. Today status changed to card ordered for production. what a relief!!!!!!!!!
    but any thing can happen till it comes to my hand


    Here is the fax number for NSC 4022196344


    I have infopass appointment on 24th. Should I go or cancel that appointment now ???



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  • deepakjain
    06-18 03:54 PM
    What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
    Thanks for your help.
    jignesh


    Better you send the documents on the same day you take the appointment while you are in US....send it with priority - 2 days and with receipt acknowledgement...you will get atleast 2 weeks time after you schedule your appointment. [It will always be a touch an go situation..better you send the documents through Fedex or UPS the same day you take appointment...62$ for sending the documents is much less then taking appointment again and going through the same process....

    Please visit VFS site and read all about Mumbai consulate...the rules at mumbai consulate are different from the other 4 offices





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  • lfadgyas
    05-20 10:24 PM
    I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�

    So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
    -Why your case was denied at that time (L1B extension???) This usually never happens�
    And/or
    -What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?

    Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.

    So your research might be right about the 240 day thing which could put this into a different level.

    I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe



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  • gc_on_demand
    06-15 04:21 PM
    Now they have all cases almost pre adjucted and must have entered information into some sort of computer system . can we put pressure to get information based on PD and country of origin so we can idea about wait and also we can show to congress man.





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  • paskal
    11-09 03:43 PM
    What main theme do you expect for probable resume?

    if you have a resume, we'll just ask you to send it along
    as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
    we are not really interested in your GPA (superlative as i'm sure that is!) :D



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  • vandanaverdia
    09-10 12:31 PM
    I think it is a good idea to have T-shirts made available in DC too. This will make it easier for people who haven't had the chance/time to order online, buy them in DC itself. Any thoughts????





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  • rvr_jcop
    02-18 11:15 AM
    Incorrect.

    As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
    It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

    ______________________
    Not a legal advice.
    US citizen of Indian origin

    Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.

    I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...





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  • bigtiger
    06-30 05:33 PM
    Hi All,

    By reading the AILF pdf:

    http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf

    I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.





    smuggymba
    10-08 05:14 PM
    GCNirvana007 - Who filed you PERM? Who provided you with approved I-140? Who filed ur GC? ....company A.............right.............so u have to work for company A and yes u r obligated legally from USCIS perspective to work with them. Don't tell me u don't know this. Going thru GC process, one almost becomes an immigration lawyer so you should know this if u don't already.

    Recent H1-B company B has nothing to do with GC.

    Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.

    Now u r saying something about company C running ur payroll.

    Ok. So whoever runs my payroll is my employer. Lets say its Company C.

    Question is

    Am I obligated to Company A in any way?
    Am I obligated to Company B which had my recent H1B?

    Based on the answers i am assuming no but will wait to hear from you guys.





    himu73
    09-17 12:27 PM
    When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.

    Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.

    How does it work? Will the officer just stamp the AP and make a copy?

    You mean 3 copies are 3 originals right to be more clear. You can use only 1 original when you come back and get it stamped each time with a new date.

    I have used the same orginal AP for at least 4 times now.
    You can carry copies of the original just in case.



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