immi_enthu
12-28 04:39 PM
Why did u give a negative marking for that?
just for the record. I did NOT give you any marking. why do you assume things and make assertions based on those assumptions ?
just for the record. I did NOT give you any marking. why do you assume things and make assertions based on those assumptions ?
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blondhenge
05-22 09:25 AM
I am new here and I have few questions to IV core members.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
The visas for nurses and schedule A was the result of a bill passed around May 2005 which recaptured unsued visa numbers and gave them only to schedule a.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
The visas for nurses and schedule A was the result of a bill passed around May 2005 which recaptured unsued visa numbers and gave them only to schedule a.
webm
09-25 02:07 PM
Just to make sure you don't get confused about Answer 3..... No, there is no time limit within which you must get the SSN. You can apply any time for SSN as long as your EAD is valid. But I see no reason why you should wait. Moreover, if she starts working, she cannot get paid until her SSN comes along.
Let me clarify point 3) again
I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.
HTH,
Let me clarify point 3) again
I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.
HTH,
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freddy22
07-20 07:34 AM
The outcome in a case like this depends on the specific State's criminal code, and the individual's specific record. I cannot tell you for sure that USCIS will seek to remove your son, but I would strongly advise your son and his criminal lawyer to consult with an experienced immigration lawyer before going further.
Some states have special
courts, processes and/or dispositions for certain juveniles that are different than for those in adult court. Some such dispositions are not considered �convictions� for immigration purposes
(although they may still become a problem for discretionary forms of relief or where �admitting to a crime� is enough). For example, in New York:
- A �Youthful Offender� disposition for people under the age of 19 at time of conduct is not a �conviction� for immigration purposes. In fact, a Y.O. for a more serious offense is
sometimes better than a straight conviction for a lesser offense.
- A �Juvenile Delinquency� disposition in Family Court for people under age 16 at time of
conduct is not a �conviction� for immigration purposes.
- However, a �Juvenile Offender� disposition is considered a conviction for immigration
purposes and does not have the same benefits.
Note: The federal government and every state has its own system for treating juveniles in the criminal justice system � some will be safer for immigrant youth, and some will not. Every state also has its own rules for the maximum age at which a young person may qualify for this treatment � for example, one state may place a 15-year-old in adult court with no special dispositions, while another state may place a 17-year old in the juvenile justice system.
Consider going to trial instead of pleading guilty. This is not always the best option, but you may want to consider it if, for example, the evidence against you is weak and/or the benefits of the plea offer are not worth the immigration consequences to you.
Some states have special
courts, processes and/or dispositions for certain juveniles that are different than for those in adult court. Some such dispositions are not considered �convictions� for immigration purposes
(although they may still become a problem for discretionary forms of relief or where �admitting to a crime� is enough). For example, in New York:
- A �Youthful Offender� disposition for people under the age of 19 at time of conduct is not a �conviction� for immigration purposes. In fact, a Y.O. for a more serious offense is
sometimes better than a straight conviction for a lesser offense.
- A �Juvenile Delinquency� disposition in Family Court for people under age 16 at time of
conduct is not a �conviction� for immigration purposes.
- However, a �Juvenile Offender� disposition is considered a conviction for immigration
purposes and does not have the same benefits.
Note: The federal government and every state has its own system for treating juveniles in the criminal justice system � some will be safer for immigrant youth, and some will not. Every state also has its own rules for the maximum age at which a young person may qualify for this treatment � for example, one state may place a 15-year-old in adult court with no special dispositions, while another state may place a 17-year old in the juvenile justice system.
Consider going to trial instead of pleading guilty. This is not always the best option, but you may want to consider it if, for example, the evidence against you is weak and/or the benefits of the plea offer are not worth the immigration consequences to you.
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transpass
07-16 11:42 AM
Can any one tell what is written on Eb3 I 140. I am assuming it will be
Sec 203 (b) (3)
but is there any text associated?
This is my understanding, when I look the 140 form...
You can either look into 'Part2 (Petition Type)' what is applied for when you file, OR you can look 'Classification' under "FOR CIS USE ONLY', where the CIS officer will approve what you checked in 'Petition Type'...
EB1--
203(b) (1) (A) Alien of Extraordinary ability
203 (b) (1) (B) Outstanding professor or researcher
EB2---
203(b) (2) Member of professions w/adv degree or exceptional ability
EB3--
203 (b) (3) (A) (i) Skilled worker
203 (b) (3) (A) (ii) Professional
Just My 2 Cents...
Sec 203 (b) (3)
but is there any text associated?
This is my understanding, when I look the 140 form...
You can either look into 'Part2 (Petition Type)' what is applied for when you file, OR you can look 'Classification' under "FOR CIS USE ONLY', where the CIS officer will approve what you checked in 'Petition Type'...
EB1--
203(b) (1) (A) Alien of Extraordinary ability
203 (b) (1) (B) Outstanding professor or researcher
EB2---
203(b) (2) Member of professions w/adv degree or exceptional ability
EB3--
203 (b) (3) (A) (i) Skilled worker
203 (b) (3) (A) (ii) Professional
Just My 2 Cents...
meridiani.planum
04-06 02:24 AM
I believe the general line of thought is any time between 6 to 12 months.
But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.
But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !
there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.
But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.
But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !
there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.
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coolngood4u80
10-20 12:12 PM
This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses
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EkAurAaya
03-19 09:43 PM
Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.
Thanks for your response. My understanding was the same as yours, however this came from my real estate lawyer (a good one). May be he misunderstood resident alien v/s foreigner investing here.
I still would like to hear from someone who actually sold a place on h1 or ead their experience.
Thanks for your response. My understanding was the same as yours, however this came from my real estate lawyer (a good one). May be he misunderstood resident alien v/s foreigner investing here.
I still would like to hear from someone who actually sold a place on h1 or ead their experience.
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naturopathicpt
06-26 05:32 PM
I appreciate your reply but I cannot understand what you mean on your first response Atty. Prashanthi. Some of my questions on my first statement have not been answered.
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walking_dude
03-20 10:11 AM
There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.
http://www.electoral-vote.com/evp2008/Senate/senate_races.html
And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.
I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.
Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
http://www.electoral-vote.com/evp2008/Senate/senate_races.html
And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.
I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.
Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
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JunRN
12-18 08:07 AM
AC21 is quite tricky. There is no hard and fast rule that if the ONET number is similar, USCIS will automatically rule in favor of the change. IO's will still look at the details of each job requirements and will check if it matches the requirements in the Labor Certification.
ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.
ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.
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sanju
08-31 12:10 PM
I think we all should VOTE in this poll.
You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.
You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.
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puja101
07-11 01:24 PM
I received RFE today that says" your application contained form I-693 in which the required TB skin test was not conducted. Please note there may be conflicting information on some published form I-693 instructions regarding when the chest X ray Report should be performed. It is required only when the TB skin test indicates a reaction equal to greater than 5 mm, or when the reason for why the TB skin test is medically inappropriate to perform has been annotated on theform I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.
On Form I-485 Part3 C list present and past membership in or affliation with every organization, fund.......If none, write "NONE" or include name of organization.....Provide your answer on the photocopy of FormI-485 (enclosed) with your signiture and the date next to your answer"
I did TB skin test in 2007 that came negative and it appears to me, civil surgeon did not updated results on I-693 form. Today, I got sealed envelop from doctor and she has updated TB test results conducted in 2007 on new I-693 form. Is that ok or I need to do new TB skin test? Please let me know.
On checking copy of original I-485, I had answered Part3 C with "NON" instead of "NONE".I have few questions on this:
1.Visa Office did not enclose photo copy of Form I-485 as was stated in the RFE letter.Should I send photo copy of original I-485 with correction and signiture on it?
2. Do I need to send them only this page of Form I-485 or complete I-485 form?
Please help.
On Form I-485 Part3 C list present and past membership in or affliation with every organization, fund.......If none, write "NONE" or include name of organization.....Provide your answer on the photocopy of FormI-485 (enclosed) with your signiture and the date next to your answer"
I did TB skin test in 2007 that came negative and it appears to me, civil surgeon did not updated results on I-693 form. Today, I got sealed envelop from doctor and she has updated TB test results conducted in 2007 on new I-693 form. Is that ok or I need to do new TB skin test? Please let me know.
On checking copy of original I-485, I had answered Part3 C with "NON" instead of "NONE".I have few questions on this:
1.Visa Office did not enclose photo copy of Form I-485 as was stated in the RFE letter.Should I send photo copy of original I-485 with correction and signiture on it?
2. Do I need to send them only this page of Form I-485 or complete I-485 form?
Please help.
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jonty_11
08-10 05:25 PM
guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.
Unless we fight for it..and support IV in the cause....
Participate in any way u can in teh DC RAlly.....and contribute plzzzzzzzzzzzzz
Cannot emphasize enough
Unless we fight for it..and support IV in the cause....
Participate in any way u can in teh DC RAlly.....and contribute plzzzzzzzzzzzzz
Cannot emphasize enough
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don840
04-04 01:30 PM
immigrant-in-law pls. click on new thread by going on the forum as Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Out of status, employment gap and status revalidation > and then click new thread.
wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.
Also, do you think Consular processing might be a better option instead of 485?
wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.
Also, do you think Consular processing might be a better option instead of 485?
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tempgc
09-24 01:25 PM
Source OH law firm (immigration-law.com)
No one should be surprised by the Los Angeles Times report that the USCIS is "considering" but not yet decided fee increases. As we reported earlier, the State Department is already seeking OMB approval for its consular and embassy services fee increase. Report says that the USCIS recorded a short fall of $118 million this fiscal year. One of the key reasons for the fund problem is cited reduced number of new case filings. Since the USCIS relies on the fee-income for its finance, it presents a problem. Another reason which is not discussed in the report may include its need for money to support ongoing reengineering project named business transformation program. This program is primarily funded by the premium processing service fee fund. Obviously, the PPS fund is suffering as well, particularly considering a drastic decrease of new employment-based cases. Another reason the report cited is need to funds to deal with potential increase in workload which are likely generated by the Comprehensive Immigration Reform, should the CIR be successfully enacted next year. However, this reason for fee increase may be considered too premature, considering the fact that the CIR may not be accomplished even in 2010. The most probable year for a successful CIR legislation is currently considered year 2011. Let's see what happens.
No one should be surprised by the Los Angeles Times report that the USCIS is "considering" but not yet decided fee increases. As we reported earlier, the State Department is already seeking OMB approval for its consular and embassy services fee increase. Report says that the USCIS recorded a short fall of $118 million this fiscal year. One of the key reasons for the fund problem is cited reduced number of new case filings. Since the USCIS relies on the fee-income for its finance, it presents a problem. Another reason which is not discussed in the report may include its need for money to support ongoing reengineering project named business transformation program. This program is primarily funded by the premium processing service fee fund. Obviously, the PPS fund is suffering as well, particularly considering a drastic decrease of new employment-based cases. Another reason the report cited is need to funds to deal with potential increase in workload which are likely generated by the Comprehensive Immigration Reform, should the CIR be successfully enacted next year. However, this reason for fee increase may be considered too premature, considering the fact that the CIR may not be accomplished even in 2010. The most probable year for a successful CIR legislation is currently considered year 2011. Let's see what happens.
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bbenhill
11-16 12:52 PM
I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.
Thx
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
Thx
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
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kondur_007
08-25 10:58 AM
As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch
I agree with wandmaker above.
Did your application reach on or before the expiry date on the PERM LC? If yes, you are fine. Just wait for 140 to be approved. If you qualify for premium processing (and qualification criteria are very narrow: if you are currently on H1b and need to extend it and no other way to extend it) then only you can do premium processing.
If your application reached AFTER the expiray date on PERM LC, it is very likely to be denied. Again, if you qualify for premium processing, go ahead and do it to know it sooner. Also start working on new PERM ASAP.
You can not port PD until and unless 140 is approved. If it gets denied you loose the PD too.
Trust me, this is a scenario where you really want the help from a good attorney.
Good Luck.
I agree with wandmaker above.
Did your application reach on or before the expiry date on the PERM LC? If yes, you are fine. Just wait for 140 to be approved. If you qualify for premium processing (and qualification criteria are very narrow: if you are currently on H1b and need to extend it and no other way to extend it) then only you can do premium processing.
If your application reached AFTER the expiray date on PERM LC, it is very likely to be denied. Again, if you qualify for premium processing, go ahead and do it to know it sooner. Also start working on new PERM ASAP.
You can not port PD until and unless 140 is approved. If it gets denied you loose the PD too.
Trust me, this is a scenario where you really want the help from a good attorney.
Good Luck.
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reddymjm
05-16 11:01 AM
I called, the clerk took the message and said will convery.
Dhundhun
07-16 07:29 PM
seee SFO website...they issue PCC is upto 45 days, I think...
cgisf.org - even better call them
Won't SFO charge $20. Isn't it more than Rs 800. Tinku01 knows from where to buy for Rs100 to Rs200.
cgisf.org - even better call them
Won't SFO charge $20. Isn't it more than Rs 800. Tinku01 knows from where to buy for Rs100 to Rs200.
krishmunn
04-07 02:18 PM
The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.
You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???
BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .
There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.
You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???
BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .
There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.
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