shree772000
08-21 05:41 PM
Usually lawyers refrain from setting these king of dates....I am talking abt resonablely fair ones.
I feel its ur stupid act to know what other people think...You should have asked instead of "Lawyer Says...".
Noone can say when ur perticular case will be adjudicated, and I mean Noone.
I feel its ur stupid act to know what other people think...You should have asked instead of "Lawyer Says...".
Noone can say when ur perticular case will be adjudicated, and I mean Noone.
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sreeanne
02-04 05:30 PM
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
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
gccovet
06-25 12:24 PM
The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
also, not getting paychecks while on H1 open another can of worms.
GCCovet
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
also, not getting paychecks while on H1 open another can of worms.
GCCovet
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neerajkandhari
06-05 10:04 AM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
i highly appreciate your quick reply
I have recently left my job on 31 May 2009
I was with my Green card sponsoring company since i joined in 2004
Do i need to collect something from my ex employer since i have quit my job
I did not provide a letter of employment when i filled in july 2007 as my attorney said he did not want to rush the letter as he was busy filling during July 2007 friasco and would submit the same when USCIS asks for it before USCIS makes a decision in the case
I have W2 of 2008 and i will get my 1099 for 2009 at the end of the year
I will provide a offer letter from my new employer when USCIS needs it
i highly appreciate your quick reply
I have recently left my job on 31 May 2009
I was with my Green card sponsoring company since i joined in 2004
Do i need to collect something from my ex employer since i have quit my job
I did not provide a letter of employment when i filled in july 2007 as my attorney said he did not want to rush the letter as he was busy filling during July 2007 friasco and would submit the same when USCIS asks for it before USCIS makes a decision in the case
I have W2 of 2008 and i will get my 1099 for 2009 at the end of the year
I will provide a offer letter from my new employer when USCIS needs it
more...
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."
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."
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
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
more...
Abhinaym
04-24 11:53 AM
Anyone else get an update on their lottery?
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goel_ar
05-23 10:56 AM
Finally got receipt notice of my wife on may 23, 2008.
I thought it is not selected in lottery since we haven't got anything until now.
I thought it is not selected in lottery since we haven't got anything until now.
more...
raj1998
05-19 10:09 AM
In the similar boat.. I received sms/email on 13th that 485 has been approved but have not received any welcome/approval letter till date. I am on H1b. It has expired and I don't have Advance Parole also. I need to travel urgently in first week of June 2011. I was thinking of getting my H1b stamped during the trip, but since that's not possible what are my options???
I called my lawyers office but really didn't get any sound reply... seems like that lost interest once I told them I am not filing EAD/AP and GC is approved
I called my lawyers office but really didn't get any sound reply... seems like that lost interest once I told them I am not filing EAD/AP and GC is approved
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izolo
06-04 02:21 AM
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
more...
conchshell
07-31 04:56 PM
Paper based filing on July 2nd 2008 (NSC)
Got filing receipt on July 19th 2008
Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?
Just to let you know guys ... I got a CRIS email 10 minutes back ... informing that my wife's EAD is also approved. This is a good news because our priority date will be current from tomorrow. However, I don't know we will get the EAD for one year or two year. I guess we will just wait for the cards arrival. Thanks to all the people who responded to my question.
Got filing receipt on July 19th 2008
Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?
Just to let you know guys ... I got a CRIS email 10 minutes back ... informing that my wife's EAD is also approved. This is a good news because our priority date will be current from tomorrow. However, I don't know we will get the EAD for one year or two year. I guess we will just wait for the cards arrival. Thanks to all the people who responded to my question.
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willigetagc
09-06 01:13 PM
I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......
THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!
Everything else is Correct (address, DOB, A# etc...)
GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20
Awww, come on!!! stop cribbing. Here check out this link for some help. :D
http://www.plasticsurgery.org/
THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!
Everything else is Correct (address, DOB, A# etc...)
GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20
Awww, come on!!! stop cribbing. Here check out this link for some help. :D
http://www.plasticsurgery.org/
more...
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siva008
02-24 12:38 PM
I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
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gimme_GC2006
09-06 08:06 AM
For USCIS all desi's lookalike :p
hehhehhe..good one :D
hehhehhe..good one :D
more...
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gc_chahiye
11-04 11:33 PM
i did through google but i cant found actually. please respond who knows.thank you in advance.
Another good bet for trying to get a break like what you are looking for is Sulekha:
http://classifieds.sulekha.com/new-jersey/alllocalities/it-jobs-training/allsubcategories/adlistings.aspx
Most of the jobs there are from consulting companies. Being on H1 with them can get hard (with things like salary/bench etc) depending on how well run that place is, but on EAD your life should be much simpler. I could not find anything on transcription, but lots of entry-level jobs in QA or in SAP that provide training etc. All the best.
When you get some responses from these people, ask around (friends etc) to see if anyone has had a good/bad experience with that firm.
Again, unlike H1, being on EAD your life is much simpler and options are much more open. You can walk away if they dont treat you well. All you need is a break and these guys might be able to provide one.
Another good bet for trying to get a break like what you are looking for is Sulekha:
http://classifieds.sulekha.com/new-jersey/alllocalities/it-jobs-training/allsubcategories/adlistings.aspx
Most of the jobs there are from consulting companies. Being on H1 with them can get hard (with things like salary/bench etc) depending on how well run that place is, but on EAD your life should be much simpler. I could not find anything on transcription, but lots of entry-level jobs in QA or in SAP that provide training etc. All the best.
When you get some responses from these people, ask around (friends etc) to see if anyone has had a good/bad experience with that firm.
Again, unlike H1, being on EAD your life is much simpler and options are much more open. You can walk away if they dont treat you well. All you need is a break and these guys might be able to provide one.
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danu2007
10-09 09:11 PM
Please go to below thread and update the list with your details.
http://immigrationvoice.org/forum/showthread.php?t=5935
http://immigrationvoice.org/forum/showthread.php?t=5935
more...
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a1b2c3
07-10 07:26 PM
a1b2c3....hang in there.....Sept might bring more good news.......
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
I'm pretty sure it will. Hope you get your card soon. I got already my card but I still get tensed up when the visa bulletin is out :D. And I still haven't stopped visiting IV. I still get the retrogression night mares :-)
The writing is on the wall, as far as I see it.
When you put in sufficient years of work ex on EB3-I, change your job to the one requiring EB2 qualifications (if you have US masters it makes it even easier to justify EB2 ) and your PD will get carried forward, unchanged, to EB2 without issues.
Most EB3-I seniors (PD upto 03) would have already gotten to senior positions with the same employer, so the original job app for the EB3 labor would have been null and void in any case ;)
Going by the past trend, EB2-I PD will continue its onward march next fiscal year.
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
I'm pretty sure it will. Hope you get your card soon. I got already my card but I still get tensed up when the visa bulletin is out :D. And I still haven't stopped visiting IV. I still get the retrogression night mares :-)
The writing is on the wall, as far as I see it.
When you put in sufficient years of work ex on EB3-I, change your job to the one requiring EB2 qualifications (if you have US masters it makes it even easier to justify EB2 ) and your PD will get carried forward, unchanged, to EB2 without issues.
Most EB3-I seniors (PD upto 03) would have already gotten to senior positions with the same employer, so the original job app for the EB3 labor would have been null and void in any case ;)
Going by the past trend, EB2-I PD will continue its onward march next fiscal year.
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mattrock23
01-24 08:11 PM
Would it be possible to have the View entry link show the updated version of my entry, please? I updated the link in my thread before the deadline but forgot to attach the updated .zip file. The final version of my entry is attached to my thread now.
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msr1234
04-16 12:52 PM
one of my colleague has received mail notification to the lawyer that application was picked in selection. H1b applied in masters premium.
pappu
05-05 12:02 PM
Thank you
elanegeng
12-29 04:32 PM
I am in Bham...;)
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