pmamp
02-27 07:42 PM
I have found some useful information as I was looking for solutions. I believe, if she does not leave US, she could stay on F1.
Please correct me if I am wrong.
http://www.hooyou.com/f-1/140filing.htm
Please correct me if I am wrong.
http://www.hooyou.com/f-1/140filing.htm
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questions
06-10 10:07 AM
Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.
-Sri
Hi Sri,
thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?
-Sri
Hi Sri,
thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?
delax
08-06 07:40 PM
If 3600 have been approved, then between 7200 and 9000 numbers have already been consumed based on an average of 2 or 2.5. Take your pick. We have only completed 4 business days in August. At this rate we'll blow through the 20,000 numbers in less than ten days. That means EB2 becomes U in Sept and it makes 2006 approvals look even more egregious.
Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad:
Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad:
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Bytes4Lunch
04-09 04:37 PM
I came to Montreal for H1/H4 stamping for my wife and two sons. My interview date was 3/18 and they told me it will take abt. 10 days and now its almost over 20 days and no news from them. I am EB3-PD 8/03-I-140/EAD Approved. FP also done. Can you pls. let me know if they asked you any questions or you had any comunication with them after your interview? In my case they kept all our passports, Originals of our H1/H4/EAD approvals/Letter from the employer also.
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
Sorry to hear you're being held for so long. My case involved Mumbai consulate, I waited for slightly more than a month and then travelled back to the US on the AP.
During the interview when I was in India the CO did not ask me any questions related to my immigrant visa/485/EAD etc. I still dont know why it took so long for them to do the processing, security clearance, PIMS, TAL, anything is my guess.
Although I am baffled that they kept your passport, I thought the passport belongs to you and the Indian government and they can't keep it for so long even though lots of consulates do that. Thankfully mumbai consulate did not take my passport so I had the option to travel back.
And why would you give them any originals related to your green card like EAD ? That has no connection with your H1B visa stamping. If you have a valid AP then you should just travel back on it, and when they email you saying that your visa is ready for stamping travel back(If the canadian consulate isn't too far from where you live in US). I dont have that option, India is too far and expensive for me to travel especially after a recent trip.
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
Sorry to hear you're being held for so long. My case involved Mumbai consulate, I waited for slightly more than a month and then travelled back to the US on the AP.
During the interview when I was in India the CO did not ask me any questions related to my immigrant visa/485/EAD etc. I still dont know why it took so long for them to do the processing, security clearance, PIMS, TAL, anything is my guess.
Although I am baffled that they kept your passport, I thought the passport belongs to you and the Indian government and they can't keep it for so long even though lots of consulates do that. Thankfully mumbai consulate did not take my passport so I had the option to travel back.
And why would you give them any originals related to your green card like EAD ? That has no connection with your H1B visa stamping. If you have a valid AP then you should just travel back on it, and when they email you saying that your visa is ready for stamping travel back(If the canadian consulate isn't too far from where you live in US). I dont have that option, India is too far and expensive for me to travel especially after a recent trip.
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GreenCard4US
08-31 03:59 AM
I am in a similar situation but I had worked for the GC processing employer for 6 years but switched jobs before I applied for 485. Can I invoke AC21?
alisa
07-05 01:50 PM
The other thing I don't understand is how come EB-1 and EB-2 which are current (for ROW) atleast can suddenly become U.
Did USCIS stop paying attention to EB-2 vs EB-3 classification?
How about country limits? Did USCIS give India more than 3K visas?
Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June?
Did USCIS stop paying attention to EB-2 vs EB-3 classification?
How about country limits? Did USCIS give India more than 3K visas?
Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June?
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buehler
04-13 05:28 PM
Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.
Dependents are also exempted. So by itself it is a decent bill. Hope IV can add more amendments to it.
Dependents are also exempted. So by itself it is a decent bill. Hope IV can add more amendments to it.
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gatec77
07-18 05:19 PM
Since his i140 is approved he should be eligible for H1B 3 yrs extension. I think it does not matter even if has changed employer.
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vin13
01-08 12:25 PM
Travelling on AP needs only your passport and the AP.
Supporting documents could be I-485 receipt, i-140 approval notice, other visa approval notices, recent paystubs and a 2 sentence employement letter from your current job.
Port of Entry is much simpler compared to the consulate. At the consulate, they can deny visa even if you have all the information. At Port of Entry, they are usually just looking to make sure you are coming in with a valid document. So i personally feel you should be Ok to travel.
Having a baby is not going to carry any weight at the port of entry. The IO is looking for validity of documents and not going to yeild for any pleading.
Just slide the AP documents in the photo page of your passport and let the IO know that you are entering on Advance Parole. Do not say more than what is asked for. Do not give more documents until the IO requests. They will ask you if they need. It is very simple.
Typically, they will send you to a secondary inspection. you submit the documents and wait for them to call. They will stamp the AP and give you one copy.
Philadelphia IO officers were very very friendly. I recommend Philadelphia if you are too worried.
Hope this helps.
Supporting documents could be I-485 receipt, i-140 approval notice, other visa approval notices, recent paystubs and a 2 sentence employement letter from your current job.
Port of Entry is much simpler compared to the consulate. At the consulate, they can deny visa even if you have all the information. At Port of Entry, they are usually just looking to make sure you are coming in with a valid document. So i personally feel you should be Ok to travel.
Having a baby is not going to carry any weight at the port of entry. The IO is looking for validity of documents and not going to yeild for any pleading.
Just slide the AP documents in the photo page of your passport and let the IO know that you are entering on Advance Parole. Do not say more than what is asked for. Do not give more documents until the IO requests. They will ask you if they need. It is very simple.
Typically, they will send you to a secondary inspection. you submit the documents and wait for them to call. They will stamp the AP and give you one copy.
Philadelphia IO officers were very very friendly. I recommend Philadelphia if you are too worried.
Hope this helps.
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jkays94
03-22 02:04 PM
Actually the provisions in S 1932 (Sections 8001 and 8002) were dropped when the bill went to the House. The members who handled the fate of the immigration provisions in the house were Reps Conyers, Sessenbrenner and Lamars. It was argued that the Budget Reconciliation Bill (S 1932) should not include any immigration provisions as they should instead be included in future Comprehensive immigration reform. These sections which had already been passed by the Senate were dropped quietly by the 3 member panel in the final conference report. Given the rush to pass this bill among others, members of the Senate may not be aware that these provisions were dropped when they got to the house. While new legislation offers to increase the EB quotas, the provision to allow one to apply for I-485 (GC) and I-140 concurrently upon receiving Labor certification clearance even in the absence of a current visa number ( current priority date) is missing from the proposals, a key measure that would greatly alleviate the suffering of those who suffer from visa retrogression.
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Administrator2
07-07 08:41 PM
I don't agree with what mbawa2574 has to say,but I certainly disagree banning mbawa for expressing views. I think, mbawa2574 is well within limits of posting anything that could hurt IV image/goals. ( On this thread, I mean).
What's the damage caused to your effort?( apart from deleting threads )
I'd rather help channel his thoughts and energies in a direction that helps IV than ban him.
mbawa2574, can you get in touch with some one in IV Core and put your thoughts on paper?
I'm sure you understand by now that IV is made of just you, me and bunch of other anonymous keyboard monkeys.
Cheers!
Thanks for your thoughts. We respectfully disagree. There was time for this discussion. Its easy for someone to post anything on the forum, unmindful of the time & effort put in by others. I think we reserve the right to make sure what appears on the home page of the website. Is there anything wrong with that?
Have you tried asking Numbersusa, Programmers Guild and your employer about changing leadership? What makes this organization any different? Just because anyone can post anything on IV website to get visibility on the homepage, its not ok to abuse the resources of the organization. We did not create IV to promote democracy or freedom of expression, there are ample of other sites to promote democracy and freedom of expression, you are free to use those resource at your liking. IV website is for a single purpose of achieving the goals we have set for the organization. You can find our goals on the website. And anything that conflicts with our goal will be removed. Its easy to use terms like democracy, freedom of expression etc to defend actions that malign the good effort put in by others. To make things clear, IV's objective is not to promote or preserve democracy/freedom of expression. We have a goal to achieve and we will not deter from our goal, whatever it takes.
What's the damage caused to your effort?( apart from deleting threads )
I'd rather help channel his thoughts and energies in a direction that helps IV than ban him.
mbawa2574, can you get in touch with some one in IV Core and put your thoughts on paper?
I'm sure you understand by now that IV is made of just you, me and bunch of other anonymous keyboard monkeys.
Cheers!
Thanks for your thoughts. We respectfully disagree. There was time for this discussion. Its easy for someone to post anything on the forum, unmindful of the time & effort put in by others. I think we reserve the right to make sure what appears on the home page of the website. Is there anything wrong with that?
Have you tried asking Numbersusa, Programmers Guild and your employer about changing leadership? What makes this organization any different? Just because anyone can post anything on IV website to get visibility on the homepage, its not ok to abuse the resources of the organization. We did not create IV to promote democracy or freedom of expression, there are ample of other sites to promote democracy and freedom of expression, you are free to use those resource at your liking. IV website is for a single purpose of achieving the goals we have set for the organization. You can find our goals on the website. And anything that conflicts with our goal will be removed. Its easy to use terms like democracy, freedom of expression etc to defend actions that malign the good effort put in by others. To make things clear, IV's objective is not to promote or preserve democracy/freedom of expression. We have a goal to achieve and we will not deter from our goal, whatever it takes.
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qplearn
12-19 10:44 AM
I think the Sen.Cornyn's staff do not mind when we call. They like people that support their bill. We have to call just to maintain the momentum.
Sen.'s office in DC
517 Hart Senate Office Bldg.
Washington, DC 20510
Tel: 202-224-2934
Fax: 202-228-2856
Good to know that. Actually, I have never called his office! I am doing that right away...
Sen.'s office in DC
517 Hart Senate Office Bldg.
Washington, DC 20510
Tel: 202-224-2934
Fax: 202-228-2856
Good to know that. Actually, I have never called his office! I am doing that right away...
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la6470
06-03 09:45 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
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BharatPremi
12-21 07:59 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
Truth:
------
USCIS has decided to keep EB2/3-IN,China,Mexico,Philipines applicants in virtual jail for an average 7 to 10 years. So in reality it does not matter what you choose. Whatever you select you will be at mercy of USCIS. Only one thing you should do, in my opinion, not to become monkey if your real goal is to achieve GC in short span of 4 to 5 years. As you hop trees add more number of years per hop. By the way this is the first month you see EB2 retrogressed.
EB3 was in hell for last 4 years. So I am seeing at least 2 years for EB3 moving fast. Your category will be in real effect after at least 4 years of your filing and you can not predict what will happen after 4 years. Only one action is in your control and that is not to hop seeing short term gain."Exploitation from employer" OR "Temporarily seeing particular catgory moving fast or slow" are not good reasons for hoping in the path what USCIS has defined. SO if you try to cross that then you will be in this hell for more years. Whatever you select stick to it till the day you get your GC.
Thanks for your help...
Truth:
------
USCIS has decided to keep EB2/3-IN,China,Mexico,Philipines applicants in virtual jail for an average 7 to 10 years. So in reality it does not matter what you choose. Whatever you select you will be at mercy of USCIS. Only one thing you should do, in my opinion, not to become monkey if your real goal is to achieve GC in short span of 4 to 5 years. As you hop trees add more number of years per hop. By the way this is the first month you see EB2 retrogressed.
EB3 was in hell for last 4 years. So I am seeing at least 2 years for EB3 moving fast. Your category will be in real effect after at least 4 years of your filing and you can not predict what will happen after 4 years. Only one action is in your control and that is not to hop seeing short term gain."Exploitation from employer" OR "Temporarily seeing particular catgory moving fast or slow" are not good reasons for hoping in the path what USCIS has defined. SO if you try to cross that then you will be in this hell for more years. Whatever you select stick to it till the day you get your GC.
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sai_srinivas
05-22 08:28 PM
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GCHope2011
08-10 08:20 AM
alright..I came back without any problem.
Immigration at POE (Dulles airport) was breeze, first officer said, "oh..you have parole letter".
he checked something in the system and asked me to go inside..
Took baggage..went into customs...where they sent me into another room.
CBP officer took the AP..felt bad that I have been waiting since 2007 for GC..in < 5 mins, stamped and said, good luck..you are done.
Thats it.
Welcome back and thanks for posting the conclusion of the thread.
Hope all is well on home front.
Immigration at POE (Dulles airport) was breeze, first officer said, "oh..you have parole letter".
he checked something in the system and asked me to go inside..
Took baggage..went into customs...where they sent me into another room.
CBP officer took the AP..felt bad that I have been waiting since 2007 for GC..in < 5 mins, stamped and said, good luck..you are done.
Thats it.
Welcome back and thanks for posting the conclusion of the thread.
Hope all is well on home front.
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ramana_akp
12-17 10:00 PM
thanks for the inputs guys..
This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...
Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..
Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??
Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
thanks again for your inputs..can you share some of your experinces.
This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...
Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..
Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??
Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
thanks again for your inputs..can you share some of your experinces.
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Winner
10-09 11:03 AM
I see people cursing, hoping, praying etc. But very few understand how bad the situation is.
Wake up and get active! Least you can do is sign-up for monthly contributions; at least we will have the money to fight this uphill battle
Wake up and get active! Least you can do is sign-up for monthly contributions; at least we will have the money to fight this uphill battle
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Raj_2009
08-18 10:40 PM
Hi YabaYaba,
Thanks for your kind advice. I tried to take Infopass now. Shockingly, no appointment is available for August and September. Is there any way that we can get emergency Infopass at Local office?
Thanks,
Raj
Thanks for your kind advice. I tried to take Infopass now. Shockingly, no appointment is available for August and September. Is there any way that we can get emergency Infopass at Local office?
Thanks,
Raj
div_bell_2003
01-12 06:41 PM
Approximately the same. My lawyer filed paper based for me and I e-filed for my wife around the same time , they came within 1 weeks of each other ( don't remember which came first ) , the only thing is , for e-filed EADs, you have to go to the nearest USCIS office for a biometrics , while paper based EADs have the pictures with the application.
thank you "div_bell_2003". e-file and paper renewal, does it take the same
processing time?
thank you "div_bell_2003". e-file and paper renewal, does it take the same
processing time?
prem_goel
08-15 09:36 AM
would appreciate if any of you experts can share some intelligent thoughts on it...
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