
qplearn
09-13 12:59 PM
It is not illegal. Some companies apply for extensions a bit late and in the mean time, the VISA expires. It is OK. At the most he/she will not be able to drive as the drivers license is linked to the VISA expiry.
Fine then of course.
Fine then of course.
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wandmaker
12-05 08:28 PM
I don't have enough time to get my status changed from USA.
Chances of F1 denial is very high, if you apply from Mexico or Canada since it is going to be first F1. If at all you want to apply F1 outside USA, it is advisible to try at home consulate - still you will have to convince the IO that you do not intend to immigrate (which you may not be able to do it as your spouse is already here). Both options, in my opinion, big NO NO
Chances of F1 denial is very high, if you apply from Mexico or Canada since it is going to be first F1. If at all you want to apply F1 outside USA, it is advisible to try at home consulate - still you will have to convince the IO that you do not intend to immigrate (which you may not be able to do it as your spouse is already here). Both options, in my opinion, big NO NO

IV2007
04-02 12:53 PM
Can we have multiple jobs while on EAD ? say I ditch my H1 & convert to EAD.
Then can I have mulitple jobs, say I start a company, or work for others as well ?
Then can I have mulitple jobs, say I start a company, or work for others as well ?
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donsimahajan
06-21 05:15 PM
I-485 processing times are mentioned here:
http://www.trackins.com/immigrationtrackers/i485-graph/
http://www.trackins.com/immigrationtrackers/i485-graph/
more...

skp71
04-02 11:58 AM
Some good thing is going to happen for EB3 category or not? I hope all the efforts we put are not goin to waste...
nashim
07-10 01:41 PM
you need to check VFS site every day/hour, if you are lucky, you might get one if some one cancel any appointment
more...

akp22
06-16 10:32 PM
Explore interfiling... no personal experience ... but the idea is that they use the same I-485 but interchange the underlying I-140. Seems like there is no special form for this but to just write to USCIS with evidence for the new approved EB1 I-140.
Thanks grupak. Are you EB1 485 filer? How long is it taking to get from 485 filing to green card these days?
Thanks grupak. Are you EB1 485 filer? How long is it taking to get from 485 filing to green card these days?
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payal_nag
11-27 03:28 PM
thanks for your response!
So were there any questions at the interview as to why you used Emergency?
So were there any questions at the interview as to why you used Emergency?
more...

baldev.thakur
05-18 04:50 PM
My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?
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LostInGCProcess
07-20 01:30 PM
Thanks, Chandu.
Did you move to a different place or changed within the city where you currently live? I was reading an article yesterday and it said, if we move outside the area where we are currently located, it could trigger an RFE. I dont know how far its true.
Thanks!!
Did you move to a different place or changed within the city where you currently live? I was reading an article yesterday and it said, if we move outside the area where we are currently located, it could trigger an RFE. I dont know how far its true.
Thanks!!
more...

njboy
03-13 10:21 AM
here are the visa numbers used in 2006 for EB2 and EB3.
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
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suavesandeep
10-02 02:00 PM
Milind,
We did the same for both me and my spouse. I think we applied on Sept 5. I got mine within a week. Its been more than a month and we have not received my wife's SSN. We did call SSA on Sep 22 and they said everything was fine and we should receive it soon, If we do not receive by the end of the month go again to the local office. Have not received it yet, So plan to go to the SSN local office again tomorrow. My guess is it could have got lost in the transit.
Hope this helps.
We did the same for both me and my spouse. I think we applied on Sept 5. I got mine within a week. Its been more than a month and we have not received my wife's SSN. We did call SSA on Sep 22 and they said everything was fine and we should receive it soon, If we do not receive by the end of the month go again to the local office. Have not received it yet, So plan to go to the SSN local office again tomorrow. My guess is it could have got lost in the transit.
Hope this helps.
more...
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sideeque
02-05 09:58 PM
I tried it. They might wont ask new approval notice. You should show that and get the expiry date in I-94 as same as your latest I-797 Approval notice.
You don't need to stamp visa as its not expired.....
Have a nice trip to India.
You don't need to stamp visa as its not expired.....
Have a nice trip to India.
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chanduv23
01-13 10:09 AM
As we watch the earthquake destruction in Haiti with horror, one group of individuals that will likely start to get attention is the population of Haitians currently in the US and who are obviously not going to be able to safely return home anytime soon. US immigration law actually has a system to handle precisely this situation. It's called Temporary Protected Status and it is available to individuals who are from country suffering armed conflicts, disasters, or other extraordinary conditions. The Secretary of Homeland Security is empowered to determine which countries are on the TPS list. People in TPS status...
More... (http://blogs.ilw.com/gregsiskind/2010/01/haiti-tps-coming.html)
While we look at this from an immigration and DHS rule making - in reality, there is large scale devastation and catastropic loss of life.
Lets pray for the victims and lets all contribute in all possible ways to help the people of Haiti.
More... (http://blogs.ilw.com/gregsiskind/2010/01/haiti-tps-coming.html)
While we look at this from an immigration and DHS rule making - in reality, there is large scale devastation and catastropic loss of life.
Lets pray for the victims and lets all contribute in all possible ways to help the people of Haiti.
more...
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Blog Feeds
08-12 09:50 AM
There is not a dull moment this summer for us immigration lawyers, all thanks to good old USCIS. On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. This is after closing the cap in January this year.
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
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Devils_Advocate
05-07 01:10 AM
As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.
more...
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newlab
06-02 03:36 PM
Hi Dolicus & Sanjay02,
I got the same case status update online. Could one of you please let me know what this means?
1) were you asked to go through an interview? or
2) is it for speed processing of the application.
Thanks.
I got the same case status update online. Could one of you please let me know what this means?
1) were you asked to go through an interview? or
2) is it for speed processing of the application.
Thanks.
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EB-VoiceImmigration
08-01 04:28 AM
In other words, even if your education equates to a US Master's degree, you will not qualify for EB2 classification unless the empolyer can show that the job duties of the position could not be successfully performed by anyone not possessing at least a Master's degree or its equivalent.
People(I'm not talking about thread starter.. but in general) simply think that they can file EB2 as they are over qualified for EB3 or their skills are superior etc. But they forgot the clause that their JOB(or more specifically Job duties) should also qualify for EB2.
Thanks Ruben for information.
People(I'm not talking about thread starter.. but in general) simply think that they can file EB2 as they are over qualified for EB3 or their skills are superior etc. But they forgot the clause that their JOB(or more specifically Job duties) should also qualify for EB2.
Thanks Ruben for information.
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amitjoey
04-05 04:11 PM
I did not notice this thread, I am from Sacramento, CA
gc28262
08-16 01:10 PM
The court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
anilkumar0902
08-15 12:52 AM
Thank you for the response dentist1.
I am not sure on how to interpret LUD, here is the summary
1. 485 received date Aug/1/2007, notice date Sep/27/2007 - for all three of us.
2. We applied for a change of address in May/2009 and received acknowledgement from USCIS in June/2009 - for all three of us.
3. My son's RFE response acknowledgement dated July/2009.
Please help me to figure out LUD for our applications.
Thanks
LUD : Last Update Date
It shows up while you check your case status. You can easily see all of them, if you sign up for case updates on the USCIS website..It is very easy to set-up as you can see for yourself.
Good luck for next month
Cheers
I am not sure on how to interpret LUD, here is the summary
1. 485 received date Aug/1/2007, notice date Sep/27/2007 - for all three of us.
2. We applied for a change of address in May/2009 and received acknowledgement from USCIS in June/2009 - for all three of us.
3. My son's RFE response acknowledgement dated July/2009.
Please help me to figure out LUD for our applications.
Thanks
LUD : Last Update Date
It shows up while you check your case status. You can easily see all of them, if you sign up for case updates on the USCIS website..It is very easy to set-up as you can see for yourself.
Good luck for next month
Cheers





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