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desi3933

05-12 12:49 PM

.... How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications). ...


Read section 203(d) of INA or ask an immigration expert to explain it you. You will get your answer.


Take an example:
H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1.


Laws are different for H1/L1 and adjustment to permanent resident status (aka I-485 approval). Do not confuse non-immigrant visa with immigrant visa. They are not same.

______________________
Not a legal advice
US citizen of Indian origin

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hibworker

01-04 02:26 PM

Probably I did not make myself clear .
I don't care about any in-state tution or financial assistance .

My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

Here is the timeline

Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .

Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

Sure she can apply for COS to F1. I am not sure what impact denial in India will have, but its worth a shot. However, for OPT the student needs to be in F1 status for at least 1 academic year - so check with her school if she will meet the OPT requirement after switching back to F1

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Trinity79

04-08 05:00 PM

May 2011 Bulletin is out

Employment- Based Category
INDIA EB2 July 2006 (from May 2006)
http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]


I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.


For those of you who received the letter from NVC are you EB2?

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sodh

07-27 05:03 PM

And one more thing notarize the request, its not neccesary,but its better to be safe.

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xela

04-23 01:40 PM

mhmm mine was sent on June 31 for July 2nd delivery to NSC and the receipt came from California in Sept. But my official receipt date was still July 2nd which is when NSC stamped in their mail room before they forwarded it on.

make sure that your forms do not reflect something similar. your RD is when they got it in their mailroom not when they sent recipt notice.

I am still waiting, last time I called them my case had yet to be assigned to someone....phhhhhhh

I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.

I filed at NSC, my case ended up in TSC.

Nothing much makes sense, nowadays. :confused:

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chtting2me

01-02 07:32 PM

Still waiting for FP. Filled on 19th July @TSC

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Canadian_Dream

01-18 05:01 PM

The contrast correct, however the math behind is slightly wrong:

Special Instructions :

If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D

So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.


Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.

Read below and find it yourselves

A) What does it cost for average family of 3 for EAD and AP renewals?
EAD Renewal Fees Form I-765 - $340
AP - Renewal - $305
Document Mailing/Correspondence - $ 30
Photographs cost - $24
------------------------------------------
Total per person - $699
------------------------------------------
For 3 years, $2097/ person
------------------------------------------
For 3 applicants in a family - $6291
------------------------------------------
Driving Fees Renewal 3 times - $120 per family
If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
New I-9 forms to employer and all other mess $10
Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.


B) Contrast this with the effort to participate in the IV Campaign..
Time that will take to write these letters - 30 minutes
Stamp and Envelope Cost - $2


Which is better? Red or Green. Do the math yourselves and see the truth.

Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..

Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595

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adobe howm

07-23 12:10 PM

ya , in ur words agents

as many have replied to you, again I underline this -in the first place you wouldn't have applied two h-1b's - ended some*one*s dream of coming here & work like you.

don't take me wrong. this is your *homework* dude...something you have to do from your part - I would do some little research, check with dudes who are working on either firms, look back their little history. it is important for you just do that. or this is not the place to discuss who is best employer and best place to live. there are numerous forums do exists - you can google it.

All the best.

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trueguy

08-11 04:06 PM

bump

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WeShallOvercome

07-23 06:03 PM

Another issue that I think people like me mght face is if we are already in our 7th year H1B. If we want to invoke AC21 without having EAD in hand, we have to apply for H1 transfer. Now if our employer does not gove I-485 RN or I-140 approval notice, how can we apply for H1B extension?

I think that is their strategy,

don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?

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InTheMoment

06-29 01:01 AM

Yabadaba,

I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.

See

http://www.immigrationportal.com/showthread.php?t=158111

http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada

http://boards.immigration.com/showthread.php?t=165295

There is a mighty good probabilty that we will get an RFE to
establish proof of inspection of entry into the US

So...start getting together any proofs for that:D that said it is fairly easy to take care RFE



PART 3

Place of Last Entry Into the United States (City/State)

What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94

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gc_maine2

07-12 01:45 PM

Misha,

There is already a thread for this topic, please don't open new threads it hard to follow all these new threads. If you don't find it PM i will send it to you.

Thanks


Question for July I-485 filers.
Did anybody receive I-485 July Rejection Notice by mail?

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dpp

08-02 12:56 PM

FedEx is the best shipping company for both domestic and international.

DHL is worse than UPS.

It is in this order

FedEX
UPS
DHL

I have very very bad experiance with DHL.

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chanduv23

11-14 08:36 PM

I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(

In a recent bollywood movie (Om Shanti Om) is this popular dialog "If you want something and you make sincere efforts and have the confidence and are persistently trying with a open heart, the whole world will do what it takes to make sure you get what you want, and if you have not yet got what you want then the show is not yet over, it continues " :) :) :)


You very much belong to the US. Try to understand the politics. This is a democracy and everything goes through legislative and administrative processes.

If there is some place you can do to help yourself, it can be possible in the US only. Politicians listen to us and definitely do something.

So think positive and start participating in grass roots efforts

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eilsoe

10-21 01:16 AM

I actually like it the way it is... :)

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pappu

06-08 12:17 PM

Lets discuss Post-CIR on one thread only.
http://immigrationvoice.org/forum/showthread.php?t=4917

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VenuK

07-10 02:43 PM

Hi Dhundhun,

Thanks for your response.
to your question:

.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.

VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.

advices are always appreciated

Pls let me know...

With Thanks,
Venu

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atlgc

05-23 06:51 AM

I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.

Can someone with an approved 140 please paste a format of the experience letter on this thread?

Thanks!

Hello indyanguy,

question,did you got an RFE for your entire work history ,just the latest expeience letter

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Catherine

06-23 09:40 AM

Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.

The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:

"Divorce Before Green Card Issued

Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.

However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.

If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.

But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver

The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:

* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.

Waivers often require an interview of the immigrant spouse to get approval."

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smiledentist

06-14 06:33 PM

Any more advices please

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solaris27

08-14 03:31 PM

1) find another employer and trasfer H1B
2) send regt letter to old employer for all salary.
3) report by filling form provided by javadeveloper
4) he will beg you to take complain back
5) you will get ur money --happy :)

what is company name ?

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