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  • Steven-T
    February 23rd, 2004, 07:48 AM
    That's why I only buy from B&H when there is no otehr choice.
    Not this case, not yet.





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  • stillhowlong
    01-17 01:08 PM
    1. Yes you can certainly do that too.

    2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.

    Rajenk,

    You mean to say even the priority date is not transfered from eb3 to eb2 I140 and if the priority date is current ( for example, eb3 date was March 2005 and eb2 date was 2008, and now the eb2 date is current as it passed eb3 March 2005 ).

    A) In the above situation, can some one do the interfile?
    B) Is that possible to port the date from eb3 I140 to eb2 I140 if the eb3 was approved using substitute labor?

    Thanks
    SHL





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  • lost_in_gc_land
    02-02 03:43 AM
    Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D

    Hello,
    I would like to check with you if you know of someone who has used an AP that was approved while that person had left the US and received it by mail/fedex/etc. to get back in the US. I am in a situation where my H1 stamping is in security/background check and it been that way for over 75 days. I have an AP that was approved and mailed to me but I have been told by my lawyer that it is not ok to use AP or atleast without risk of not being allowed entry





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  • iv_newbie_2007
    09-16 09:38 AM
    OLDMONK,

    My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?

    Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.

    My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?

    GULUT,

    FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...

    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.



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  • sekharan
    10-13 10:47 PM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    4. Are not all greencards created equal?

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated.





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  • rbalaji5
    11-17 10:46 AM
    Hi -

    If we go to mexico by road, do they take my i-94 at the U.S border and issue a new i-94 while coming back?.

    I knew lot of IV members went to mexica for H1 stamping.. Please advise.

    Thanks.



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  • redddiv
    07-16 08:57 PM
    i think its possible, but i guess you will still need to get a good attorneys advice on this one.

    i am no bodys agent, my advice is only what i would have done if i were in your position.

    Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?

    Is this possible?





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  • senthil1
    05-25 01:52 AM
    No need to be scared of CIR. Even CIR is passed in current form US will reward right people those who are ready to take challenges. Make note of people who came for study in 1970 to 1995 How did they survive and overcome lot of issues. Those who want to get greencard on arrival has to forget and pack the bags. Those who has patience and work hard will get all including gc. There is always a way.

    The latest version of the CIR bill majorly messes up legal immigrants' lives.
    My advice would be to get ready to pack your bags and go back home.
    The H1B provisions will make it impossible for you to stay here for long.

    I presume you are affected by GC retrogression.



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  • eers
    07-17 11:03 PM
    if u go to the doc, they will perform the the tests that are ok to perform..

    Check with doc if they will accept the test results (PAP , HIV , etc) from your obgyns office. These tests are already done during initial stages of pregnancy.

    Finally the doc will add a note to the medical report that some tests/shots are omited due to pregnancy.

    I went through same thing..

    Will the case be accepted with this partial report-- It will be.

    Will there be an RFE? -- i dont know.. may be





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  • alterego
    12-08 04:13 PM
    It will not have much impact if any president comes in the case of immigration. Anyhow most of them are not going to Veto. It is the congress who plays important role. President can just initiate the process. Bush tried his best to pass some immigration reform but divided congress defeated all the bills. Who is the reason? Not just anti immigrants but also pro immigrant groups. Expectation from pro immigrants was too much and in some cases impractical. Anti immigrants used those and defeated every time. Also anti immigrants used division in various groups like legal vs illegal, high skilled vs low skilled and H1 vs green card. Some unbiased leader need to bring a bill which should work compromise at the same time that compromise should benefit all the groups. But unfortunately most congressmen are busy in other works. Next congress is critical for any immigration reform

    Agreed. However due to the Iraq war. Bush is very unpopular. His conservative base revolted and the republican party did not tow the line and did not support him on this issue, in truth the other side was more helpful than he could have hoped. I agree Bush tried his best, but if he tried in 2001 the result would almost certainly have been different.
    A new president comes with a mandate and some fresh political capital. It just depends on what issue he wants to start spending it upon. Given how controversial and virtually radioactive this issue has become, I would not blame the next president if they started with something else. However if things start to go well then he/she could start pushing for this and he/she could provide political cover for congress on this.
    Our issue ought to be less controversial but in congress, anything pro-immigration seems to be sneered at right now. Everyone is set on this enforcement first policy and don't want to hear a thing else. It is unfortunate.
    All said, we and our issues cannot wait until 2009. We have to push and try to get this done whenever an opportunity come up. Even after 2009 nothing is guaranteed and we might just find that things get worse too, especially if there is an economic downturn.
    That is why we need to push hard now.



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  • das0
    06-22 02:09 AM
    any thoughts?





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  • LostInGCProcess
    02-11 02:40 PM
    I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).

    My six year visa expires in Sep 07, 2009

    a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
    Ans: What you read is true.

    b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
    Ans: It would be from the date they officially received your application.

    c) Can we include the dates for some one is physically not present in US
    Not sure what you are trying to say here???!!!!

    d) What supporting documents are needed to prove that some one was not present in US?
    By showing no supporting documents, I guess And why do you want to do that?

    Thanks
    Senthil
    ...



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  • vicks_don
    11-07 02:48 PM
    Inform the school that you have changed your status to H1 from F1 and need not take class. If needed provide them the H1 approval. Most people forget to inform school and the school will record sevis violation on you which will provide problems at stamping and port of entry.
    This is based on my friends experience.





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  • Funky_Monkey
    09-14 05:05 PM
    Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.



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  • aardee
    08-20 02:50 PM
    Hi ,

    I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .

    My visa is cancelled and I was told to go back to consulate and get a new visa .

    I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .

    thanks in advance.

    RD





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  • natrajs
    09-01 06:10 PM
    i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.

    i dont trust everything wat lawyers say.so can anybody help me out with this issue.

    To my understainding if your dad applied your AOS application before you turned to 21 then you are ok.

    Consult another attorney



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  • TeddyKoochu
    03-17 10:29 AM
    During my H-1B visa interview at the Delhi Consulate I was told that my Visa is approved but some additional documents are needed. A pink slip, 221(g), was given to me, I submitted all the documents same day. Its been a week and the online status shows 'case is being processed'. I also have a valid advanced parole and I am thinking of entering on AP if the 221(g) takes too long. My question is, the consulate still has my passport, will there be any issues if I ask my passport back? how long does it take to get the passport back? Will the passport be stamped for '221(g) in progress? what kind of issues I can have at the POE? Thanks in advance.

    Iam guessing that you are a research background person. Normally your case should get cleared in 2-3 weeks. They also look at your travel plans that you indicated on the DS forms (This used to be on DS-157, Iam not sure about DS160) and try to expedite before that. Keep checking the site for bi-weekly updates.





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  • helpfriends
    04-17 09:07 AM
    They will have to apply at the consulate wherever they came from and undergo an interview to get the visa put in their passport. Then they can enter with that visa in place. If their entry is on record which it could well be a flag may be raised as to the reason for their recent entry on the visa waiver program.

    Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?

    BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:


    Thanks again!





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  • bk_ravi@yahoo.com
    07-01 06:34 PM
    By all means , I want to participate in this law suit. I dont want to hide anything from DOS or USCIS as I have not lied. My user id in this forum is real email id.





    tinamatthew
    07-21 02:00 PM
    Thank you katrina for your response.
    My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
    I also wonder if my entries from 1986 will show up when they check the records.

    It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.





    ramidiskr
    01-10 01:34 PM
    Thanks for the reply..

    I am applying for my H-1 extension and If she gets a H-4 visa in india and comes back she should be fine right?

    Thanks Again in Advance..!!



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