Friday, June 24, 2011

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  • anilsal
    08-24 09:50 AM
    It may be true that the representatives are looking forward to the elections. But we should make an effort to make them (and maybe the folks who contest against them) knowledgeable about issues faced by Skilled "backlogged" people, in the immigration circus.

    On a lighter side, sipping tea is good

    There is a good news for an ardent Tea drinker in me (the only good news happening. :) )

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  • sukhyani
    12-20 01:00 PM
    Recently, Tom Vilsack, Governor of Iowa appeared on Jon Stewart after his announcement as a candidate for 2008 from the democrat party.

    Wonder what is the Governor's stance on legal immigration?

    Do you know if he has a website? We can look for his position on different issues on his website too.

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  • dreamworld
    07-17 04:44 PM

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

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  • ashneels2001
    10-16 08:18 PM

    Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.

    Good Luck



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  • Roger Binny
    10-28 04:54 PM
    Please check another attorney forums, i remember there was a news flash in which they agreed the degree substitution like yours.

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  • painful_GC
    03-11 03:10 PM
    hi..Many thanks..this is an excellent information..I was suggested to wait for the H1 Decession and then get L2 status.Good to know that we can do L2 and EAD cocurrent there any URL about this information ?? Secondly..

    If i go with required documents to india and get stamped how long do u think it takes??


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  • lskreddy
    08-07 05:19 PM
    There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.

    I'm assuming that you are from India and therefore don't need any visa to work in India.

    Thanks. Yes, I am an Indian citizen.

    Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US? In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?

    If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.

    My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.

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  • eeezzz
    07-11 12:15 PM
    Your case is just like many others here. Does that worth you own thread?
    Spend some time to read thru some posts. You will know there are many people who are with 2002 PD have not been approved yet. If there's a definitely answer for your question, why will they be frustrate.


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    09-26 11:12 AM
    I have received my physical card on 09/24. This site was a great help and will continue spreading word about IV.

    Is anyone here works for Apple Inc.? Need some info. Please send me private message.


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  • sanprabhu
    07-13 05:58 PM
    Here is an excerpt from the blogs of one immigration attorneys

    I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

    Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.

    But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this

    PS: If this is already discussed the moderators are free to merge it, chuck it

    If the USCIS cannot accept I-485 applications if the visa number is not available then how can the DOS make the July VB current. Obiously they know that the number of visa slots are not enough for all the applicants.


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  • gcisadawg
    01-01 12:07 AM

    Congratulations! I hope your $-485 gets approved soon!


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  • Immigstories
    01-17 07:17 PM
    Thank you both for sharing your thoughts...

    I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

    For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

    I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.


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  • immigrationSantosh
    02-06 08:29 PM
    Hi ->
    I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
    So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.

    Points that summons contain :
    FIRST COUNT : Breach of Contract
    Second Count : Tortious Interference
    Third Count : Breach of Duty of Good Faith and Fair Dealing
    Fourth Count : Unjust Enrichment
    Fifth Count :Misrepresentation and Fraud
    SIXTH count : Breach of Duty of Loyalty

    Really I would you appreciate you guys advise me right way to handle this.

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  • ImmiLosers
    09-30 03:19 PM
    I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?

    No, I went for my 2nd FP last week. I asked USCIS (800#) the above question.
    It is done once. Looks like FP and Name check are different processes.


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  • Dhundhun
    05-21 05:47 PM
    I think, too many documents not required. The US Embassy in Delhi asks for:

    If you have a sponsor for your trip
    -- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
    -- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
    -- Documents to show the sponsor's legal status in the U.S.

    Refer to

    Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to

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  • smisachu
    12-19 10:26 AM
    Do we have to carry all the Tax filing papers or just W2 is good enough?
    I am planning to go for stamping in Jan. Thanks in advance for the input.

    Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex:

    Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.

    After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.


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  • wandmaker
    02-04 02:32 PM
    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

    You are merely a beneficiary of 140 application, the petitioner is your GC sponsoring company - only the company or representative has the authority to make inquiries. First step, you should ask your attorney or company to call USCIS and mention that your 140 is outside processing time and also you had responded to an RFE , it has passed standard response/decision time (usually 60 days) - ask the CSR to open an SR. For the most cases that I know, this has triggered a decision with in 45 days from the date of SR. Hope this helps.

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  • prashantkh
    08-22 01:30 PM
    Also, if you are planning to start on your own you can only have a 'C' corporation but there will be two levels of taxation, meaning first the corporation's income will be taxed and then individual's income.
    Whereas, if you partner with a US Citizen or a permanent resident you can start a 'S' corporation which only has single level of taxes.

    But in my opinion if carefully thought and executed it still is worth it, as you would get some postive cashflow (hopefully), if you sit idle nothing. :)


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  • icleric
    01-25 02:10 PM
    perlin circles :thumb:

    I also loved the snowflake formation.

    10-16 02:51 PM

    My friend is in a unique situation and needs help. Please guide him with his queries.

    I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

    My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

    My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

    We didn't specify about GC labor on H1B/I-94 extension petition.

    My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

    Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
    ************************************************** *********

    08-06 11:17 AM
    12 calendar days. My I 140 was originally applied on 01/08/2007 upgraded to premium on 06/26/2007 there was a RFE ability to pay , reponse for RFE received on 07/26/2007. we called 18663155718 today, the IO officer said my case is approved today. online status still says it's pending.

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