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  • sounakc
    07-10 05:04 PM
    the family based 2 nd group PD cut off is 15 jan 2005
    EB-2 PD cut off is 01 oct 2003

    say my if my PD is jan 2004 and I have filed for my I-485 (EB-2) during july 07 window (couldnt add my wife since was not married at that time). Can I now file for the I-485 or AOS for my wife now.

    cheers





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  • GoneSouth
    05-31 09:37 AM
    You guys have my $100.00. 502(d)(2) must die ! ;-)

    Good luck !

    - GS





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  • p_kumar
    11-25 09:12 PM
    I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.

    How do you know that your namecheck is cleared?. thanks





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  • SGP
    04-14 06:29 AM
    Hi,
    I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.

    So, can you

    1. enter the US on B2 for a job search from June 2011 - September 2011 - Yes
    2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797 - Yes
    3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date - Yes
    4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011 - Yes

    and not raise any of the following red flags :

    1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ? No Flag will be raised.

    2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2 - If you meet the criteria of staying outside the US for 365 days, then no flags should be raised

    3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ? If you have not entered using H1 status you should be fine

    4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ? Yes do not change status in US

    5. Would the consulate cancel my B2 visa after stamping H1-B ? - No they will not

    Please advise on where I should give gaps in my timeline or would cutting it so close work ?- Don't have reply for this. Sorry.

    Please see my replies in Bold Dark Green.
    ____________________
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")



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  • gcformeornot
    12-31 02:20 PM
    there are about 40%..... so lots of them....





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  • cfan666666
    06-27 03:23 PM
    I will send my I-485, I-131 and I-765 to this address:

    IMMIGRATION & NATURALIZATION SERVICE
    TEXAS SERVICE CENTER
    PO BOX 851488 - DEPT A
    MESQUITE TX 75185-1488

    It's the address on my I-140 approval notice. Have called USCIS, the answer said you can send you I-485 to the address on you I-140 approval notice.

    Good luck



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  • nanneh
    04-28 08:42 AM
    Please check with your local Indian consulate if they can issue a BC. If you have a current original passport which includes the names of both your parents, it should work fine. Your original BC is not required.

    Link to this service provided by the Consulate General in San Francisco
    http://www.cgisf.org/visa/indian_services.html#mis-bc

    Thank you Samir, but this format won't help to me. Can some one clarify to me while submitting our I-485 , do we need our birth certificate which contains both parents information or only father's name is okay?

    I need to know clearly on this subject, In my present BC contains only Fathers information only.

    Pls help me if some one have that specific format which contains both parents information.





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  • Robert Kumar
    01-03 08:51 AM
    SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.

    All,
    Thank you.

    So are you saying I can join school, not get paid by employer during full time study of MBA and still maintain status. And will not face any problem in my 485 approval.
    And that I dont need to change to F1 status. I really dont need aid. I'm ok with paying my tuition, as long as my status is maintained.
    My EB3 will take some more time.



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  • optimystic
    09-15 01:28 PM
    Had they able to think that far, may be many of the issues we face today wouldn't have cropped.

    They have a made a mockery out of the processing dates and of a thing called 'accountability' . There's no such word in their dictionary :mad::mad::mad:





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  • teddy the dog
    02-07 08:59 PM
    Advance Parole. You are not alone. :)



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  • martinvisalaw
    03-24 01:45 PM
    Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.

    Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).

    You must also look at the "actual wage."





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  • Alabaman
    01-07 07:34 AM
    ...talking about being a legl resident, who should this apply to in this case?? The baby was an American citizen!!



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  • inskrish
    09-15 10:44 AM
    The I-485 processing dates have moved forward just a week. Disappointing. :(( If you don't see the Sep.15 dates, close all your browsers, and open a new window to view the dates, or just refresh your page until you see the new dates. )

    I-485 EB (NSC) July 08th, 2007
    I-485 EB (TSC) June 23rd, 2007.

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC





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  • indygc
    12-18 11:41 PM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him,

    He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..

    Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.

    Thanks in Advance
    AJ



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  • singhsa3
    08-19 01:03 PM
    I hear you, I've been in this country for last almost 10 years now. Came here to do my MBA too. The journey that began on Aug 2, 1999 is still continuing as of Aug 19, 2008... Anyways, best of luck to both of us.
    started teaching in the same uni after my MBA... thought will get into a phD prog or fninsh the CFA the get into investment analysis,...

    5 years have passed, CFA was over long ago.... but just waiting for GC...





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  • starscream
    08-27 05:00 PM
    VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
    The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.

    Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.

    The below is the visa renewal criteria as defined on the website:
    Visa renewal appointments are available to visa applicants who:
    have a U.S. visa that has expired less than 12 months ago.
    wish to apply for the same category visa (work, business, tourist, etc.)
    are Indian nationals (hold Indian passports)
    are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).

    The following applicants do NOT qualify for appointments in the visa renewal category:
    Applicants who have never had a US visa.
    Applicants who have a U.S. visa that expired more than 12 months ago.
    Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
    Non Indian passport holders
    Applicants applying at the U.S. Consulate in Kolkata.
    First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
    Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
    Applicants applying for entertainment/performance visas(P3 category).
    Applicants applying for unskilled worker visas (H2b category).

    All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
    Current, valid passport
    Passports containing previously issued U.S. visas
    As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)



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  • shreekhand
    08-30 12:11 AM
    In legal parlance it is referred to as "period of stay as authorized by the Attorney General".

    Parolee sounds to fit somewhere right there from among the options, though in my opinion a person has to re-enter the US as a parolee.

    Par: Parolee





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  • calboy78
    02-05 04:44 PM
    A few years ago this was the rule:
    10 yrs visitor visa - can NOT stay > 180 days
    5 yr visitor visa (same price as 10 yrs visitor visa) - can stay > 180 days but you have to register with appropriate agency in India. I got 5 yr visa for my son, he stayed there for 7 months. we had registered him in nearest police station.

    So, in my opinion PIO is better - its like 15 yr visa.
    hope this helps.

    Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.

    I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.

    Do we need to report the same if kid has india visa for 10years?

    I am not sure how far this is true? Can anyone guide on this.

    ~Sree





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  • johnamit
    08-15 09:20 AM
    Thanks for bringing this up and highlighting the issue.

    The below quoted estimate is when we are assuming a perfect world, however I believe it will take longer than this.


    • There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.





    sanju_dba
    09-27 01:26 PM
    Dear Admin, can you please delete above post by eastindia!
    EastIndia : 94% of the voters know how to use it, and I hope you are one among them.





    whitecollarslave
    08-14 03:15 PM
    How long have you been on H1? Can you find a new job and transfer your H1 to a new employer? Your employer is legally bound to pay you the salary listed in LCA for H1. You do need to show evidence that you worked for your employer.

    Collect all evidence that you can about your employment, salary, contracts, etc. Have copies of timesheets, all email correspondence, pay stubs, any written evidence about how your employer did or did not pay you. Keep evidence of you actually working during the time, copies of approved timesheets would be very helpful.
    I am not sure how much money is in question here, but I would talk to a good attorney who understands immigration law as well as employment law in your state. Labor laws differ slightly from state to state. What state are you from?