Saturday, June 18, 2011

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  • posmd
    06-08 07:45 PM
    Guys,
    I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
    As we represent one family can't my wife use my PD and apply I 485 under EB2.
    for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
    Why not in this case ? Just curious !

    Faced with this same predicament. The truth is the US immigration rules were not made to cater for this era of fast paced change and lifestyles.

    When the current EB rules were fashioned, mostly in the early 1960s most families had one working household and were generally migrating in the very highest skills level. Opportunities in the high skilled fields were also not as prevalent as they are today. US was not the knowledge economy it is today.

    In the same sense people if they would migrate did so just once in their lifetime, nowadays people often shift 3 places sometimes even more. Hence your citizenship does not count, only your birth place. Imagine the insanity in a scenario that you are from antigua and you are born in India while your father was serving as the consul general there. If fate and destiny have you wishing to immigrate to the US now in the EB2 category then you would have to have a PD of Jan 2003 as opposed to current.
    Many such combinations are possible, but in my humble view all this country quota stuff for EB based immigration is ridiculous and worse yet when it takes no acccount of population size. Clearly they ought to be more discerning in who they allow in via EB immigration by tightening the regulations as they stand currently, but this insane quota is off base in todays world.
    A quota system for family or any other type of immigration is more reasonable, but once it is deemed you are immigrating based on your skills why should something else matter in this land of opportunity where every man is considered equal and is said to rise or fall on his ability and nothing else. Perhaps others know the answer to this but it befuddles me and makes me realise how antequated the rules really are.




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  • gc28262
    04-12 12:45 AM
    Since his denial was on March 31st, would the overstay clock starts from March 31st or from original I-94 expiry date? My understanding was that one can work legally using H1B receipt notice. Hence, OP was legal atleast till March 31st, 2009, correct?

    -GCisaDawg

    Yes OP was in legal status till Mar 31st. ( One is in status while H1B is pending)




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  • saketkapur
    10-14 06:05 PM
    I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.

    Not a lawyer. This is not a legal advice.

    I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......

    My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.




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  • valysivec27
    10-01 09:59 AM
    Hello, I have a question for you guys. Can you point me to some documents I can read about GC adjudication?. I'd like to know if the "priority date" has any importance after you apply I485. Are they proceesing the I485 applications based on country quota, employment caterogory? Thank you for the clarification in this matter.

    My impression is that the "priority date" it's not important after you file the I485, but I might be wrong....

    Any idea?

    Thanks,
    ValySivec



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  • Rb_newsletter
    04-29 07:59 PM
    This is another fake story and push to try to get Congress to do something about easing immigration. 150K entrepreneurs have returned home. Really? I have not seen more than 100 Indian+Chinese NEW companies - worth their name - come up in the last at least 10 years. And about 5000 US firms that are making waves have come up in the US, 90% of which are started by born-Americans.
    Moral: those that returned home were not entrepreneurs!


    "Entrepreneurs" doesn't mean to start a new company. they can just start a new business unit inside a big corporate. For example the google-maps is a new venture inside google. The guy who initiated the google-map idea is an entrepreneur.

    Sometime 2 or 3 people join together and venture into one thing.

    And there is a saying "95% of the businesses fail". So one cannot see all the companies started.




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  • rsdang
    12-04 04:36 PM
    Hope all is well there - I fly in there in 2 days.



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  • rb_248
    09-10 03:25 PM
    Got the cards in the mail. My online case status says the application is still pending.

    Folks (those whose PDs are current this month),

    Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.

    This is what my attorney had to say:

    The USCIS online status system is maintained by contract workers and is often inaccurate.

    Online status got updated today. Snail mail is faster than email - happens only with USCIS. Anyways, my journey is over. Good luck to others.




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  • tinku01
    09-17 06:46 PM
    Hi,

    I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D



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  • piyu7444
    04-01 02:37 PM
    Hi Vinnysuru

    Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?




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  • ngopikrishnan
    08-22 07:20 PM
    I heard Finnan, Fleischut & Associates is very good.

    http://www.fleischut.com



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  • paskal
    08-16 08:40 PM
    hello WA members,

    we need to get this chapter up and running again.
    anyone still coordinating efforts?
    anyone interested in getting things going again?




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  • dixie
    08-23 11:37 PM
    Recognize that there are many among us who have Phds from top 5 schools and are currently employed as professors and researchers. Many of them are in EB-2 and going through this same BS as you and me. If you feel so frustrated and betrayed, imagine what these professors and researchers must be going through. Life is never fair .. that is nature's way.

    Some people will inevitably get a GC on a platter .. whether that is by way of winning a diversity lottery, or family immigration or a fake marriage. No point wasting time in self-pity.


    People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..



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  • krishmunn
    02-19 12:46 PM
    As discussed above with cyrus mehta's blog: This is all discretionary:

    My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".

    Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".

    Good Luck.

    Excellent definitiion. and yes that is the difference between a good lawyer and a bad lawyer. Most of immigration related work (GC, H1) is filling forms which even a layman can do, except when it comes to "discretionary" stuff -- that is the acid test for lawyers




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  • rockstart
    02-10 05:05 PM
    Since your wife is the primary applicant as you mentioned I dont think you need to wait for 180 days. Your employer is no way concerened with your EAD/ GC. But in case both you and your wife are working for same H1 employer then you moving might ring alarm bells for him but in case 180 days are already over then there is not much he can do.



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  • bikram_das_in
    01-26 01:13 PM
    @waitingnwaiting


    How many of these 7 toppers are from Telengana and how many are from your district?

    This news is not related to immigration but one about Tri Valley University is. About 1000 students, mostly from Andghra pradesh face deportation for immigration fraud.




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  • neverbefore
    03-01 10:15 AM
    Yes please explain that better.
    Some grammar/spellings gremlins conspired to mash up what I believe was an illuminating post in the making.
    No offence meant or intended, I suggest a repost of the one by Mark.:)

    I am trying to figure out how much latency is to be expected in allotment of a GC for a case whose PD comes current sometime in the future and the processing date at whose service center too is later than the application date for the case at the time the PD comes current.

    Thanks and best regards.



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  • ps57002
    07-18 11:40 AM
    some people r thinking of flower campaign to atlanta center so as to speed up slowed down processin. if anyone is interested...

    http://www..com/discussion-forums/atlanta-perm/4827173/last-page/


    =======================

    Message from IV
    IV does not recommend any such actions.

    We are aware of the issue and if there is any acion item, we will post it.

    also be aware of what we posted earlier on this issue:
    http://immigrationvoice.org/forum/showthread.php?t=6084
    http://immigrationvoice.org/forum/showthread.php?p=100024#post100024
    =========================




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  • jediknight
    09-17 01:28 AM
    Thanks to everyone who signed the petition.

    I believe in freedom of speech but Dobbs is using the CNN platform to spew hate. A legitimate debate is fine but hate speech is not ok.

    I used to believe that ignore him was the best way to deal with him but after seeing some of the so called Tax parties, I am starting to think that ignoring him does not work.

    Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.

    - JK




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  • seahawks
    06-27 03:02 PM
    Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)

    Question:Name misspelled on I-485 NOA

    Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.

    On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.

    So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.

    Thank you.

    Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time

    An attorney has suggested them to take an infopass appt and I suggest you do the same

    This is true since you haven't messed up and the USCIS did, in my case, the form that was filed had wrong information. There is no information in USCIS that tells us how we can correct it.




    nlssubbu
    10-08 08:12 PM
    i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)

    as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?

    Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.

    To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.

    (PS: I am not a lawyer and please use my advice based on your own discretion)




    ARUNRAMANATHAN
    06-11 03:05 PM
    Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...

    That is from 2007 to 2010 ....Thanks

    3 year H1 extension from date of application (for example: June 2007 to June 2010).

    If you move to Company B, you need to restart GC (i.e. new LC and new 140). One can port PD from old 140 to new I-140, however there is a risk involved if the previous I-140 is revoked or canceled.

    --------------------------------------------------------------------
    Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.



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