MONCYS
01-20 03:50 PM
My I-140 got approved in EB2 category in USA. My spouse who is on H4, born in U.A.E (Dubai) holds an Indian passport.
I would like to know that whether possible to apply for 485, EAD and AP using my spouse's Country of Birth.
Apprecite any help.
I would like to know that whether possible to apply for 485, EAD and AP using my spouse's Country of Birth.
Apprecite any help.
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lost_in_migration
05-14 07:36 PM
Thanks a lot coreIV
Life2Live
01-23 10:56 AM
Hi,
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
You can use the same fee if you schedule interview before Jan 31 2008, Otherwise Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
Following are the information from VFS website:
United States Government announces worldwide revision of machine
readable visa application fee
December 27, 2007
The U.S.Department of State has revised the worldwide nonimmigrant Machine Readable Visa (MRV) fee from $100 to $131 effective January 1, 2008.
Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
The U.S. Mission in India will not be able to significantly increase the number of visa appointments in January.
Travelers are cautioned against speculative purchases of $100 MRV appointment receipts in December. Applicants who have not yet purchased a MRV fee receipt from HDFC bank are encouraged to wait until 2008 to pay the application fee to avoid the inconvenience of obtaining a demand draft for the $31 fee difference after January 31, 2008.
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
You can use the same fee if you schedule interview before Jan 31 2008, Otherwise Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
Following are the information from VFS website:
United States Government announces worldwide revision of machine
readable visa application fee
December 27, 2007
The U.S.Department of State has revised the worldwide nonimmigrant Machine Readable Visa (MRV) fee from $100 to $131 effective January 1, 2008.
Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
The U.S. Mission in India will not be able to significantly increase the number of visa appointments in January.
Travelers are cautioned against speculative purchases of $100 MRV appointment receipts in December. Applicants who have not yet purchased a MRV fee receipt from HDFC bank are encouraged to wait until 2008 to pay the application fee to avoid the inconvenience of obtaining a demand draft for the $31 fee difference after January 31, 2008.
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immi_seeker
07-16 07:46 PM
^^
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needhelp!
08-24 10:34 AM
Listen Live: http://www.wpr.org/webcasting/live.cfm
Call in: 1-800-486-8655
or 227-2050 in Milwaukee
had a hard time figuring out that I had to click on the Ideas Network in the second column. I guess its over now.
Call in: 1-800-486-8655
or 227-2050 in Milwaukee
had a hard time figuring out that I had to click on the Ideas Network in the second column. I guess its over now.
wandmaker
02-18 06:29 PM
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
If you could post some official documentation that would help rajesh1972
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
If you could post some official documentation that would help rajesh1972
more...
peer123
04-09 08:59 AM
Friends,
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
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IV2007
05-11 10:13 AM
Guys,
I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.
http://capwiz.com/aila2/issues/alert/?alertid=9589591
Letter content pre-exists if needed you can change.
Let's inundate senate & other members with what we are facing..
-IV2007
EB2 Labor Pending
I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.
http://capwiz.com/aila2/issues/alert/?alertid=9589591
Letter content pre-exists if needed you can change.
Let's inundate senate & other members with what we are facing..
-IV2007
EB2 Labor Pending
more...
BPforGC
10-15 12:28 PM
1. It goes to the mail room and stamped on the date it was received.
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
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guygeek007
07-23 09:25 AM
InspectorFox, Jayant and Tina - Your prompt replies and advice are much appreciated.
more...
akkakarla
08-06 07:56 AM
They can be stressful but one should relax before going to AOS Interview.If one feels the attorney will help them it is better to take the attorney. But certain times the over enthuisatic attorney may mess the smooth going interview and never comes to terms with what we want them to tell.
Some additional tips:
(1) Always wear professional clothing(do not wear jeans and need not be suit either:D ) etc.
(2) Always take 4 extra photos with you.
(3) Make copies of all the documents everything and place them in order. Order the Original documents so that you can give the Officer the moment they ask instead of searching. Searching irritates the officer sometimes.
(4) Never Ever joke when he talks about the country's problems, terrorism,infrastructure,faith of people,quality of people living in other regions. We are there strictly to complete the AOS interview and get out of there. No one is asking us, our opinion what we feel about issues nor one appreciates talking about their fellow citizens,faith.THey take these things seriously even though it "MAY" not have effect on the I485 approval but still then it is totally unnecessary digging out hole for our burial.
(5) NEVER EVER Open your mouth and say something the officer never asked. Always answer to the questions they asked and give the documents they asked. Not a word more or less and not a document more or less. The more enthu we go for the more we dig ourselves in quicksand. Thumb Rule: If you have all the documentation you can go yourself. Moreover the attorney does not have a role to play and they sit like statue there and the questions are directed to us and we need to answer the questions.
Future Employement Tips:
(1) Always take the employment letters: (a) The offer letter dated when the Labor Certification is filed. (b) Offer letter that states continuing offer letter(dated the day before the interview or during the week). (c) A letter addressing to the immigration officer stating your job, salary, responsibilities.
(2) Take the current job employment with your Status eg. EAD or H1, your salary, role and responsiblities etc. ( they should be more or less same as the role and responsibilities in Labor Certificaion filed).
Some additional tips:
(1) Always wear professional clothing(do not wear jeans and need not be suit either:D ) etc.
(2) Always take 4 extra photos with you.
(3) Make copies of all the documents everything and place them in order. Order the Original documents so that you can give the Officer the moment they ask instead of searching. Searching irritates the officer sometimes.
(4) Never Ever joke when he talks about the country's problems, terrorism,infrastructure,faith of people,quality of people living in other regions. We are there strictly to complete the AOS interview and get out of there. No one is asking us, our opinion what we feel about issues nor one appreciates talking about their fellow citizens,faith.THey take these things seriously even though it "MAY" not have effect on the I485 approval but still then it is totally unnecessary digging out hole for our burial.
(5) NEVER EVER Open your mouth and say something the officer never asked. Always answer to the questions they asked and give the documents they asked. Not a word more or less and not a document more or less. The more enthu we go for the more we dig ourselves in quicksand. Thumb Rule: If you have all the documentation you can go yourself. Moreover the attorney does not have a role to play and they sit like statue there and the questions are directed to us and we need to answer the questions.
Future Employement Tips:
(1) Always take the employment letters: (a) The offer letter dated when the Labor Certification is filed. (b) Offer letter that states continuing offer letter(dated the day before the interview or during the week). (c) A letter addressing to the immigration officer stating your job, salary, responsibilities.
(2) Take the current job employment with your Status eg. EAD or H1, your salary, role and responsiblities etc. ( they should be more or less same as the role and responsibilities in Labor Certificaion filed).
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simplistik
06-06 03:33 PM
LoL... lots of good entries. Looks like all the ones I chose were popular ones anyway... aside from one of em. The Guidlines one and the Family Guy monkey are my favorites cause they make me laugh.
That particular episode of Family Guy was on last night :P :D
That particular episode of Family Guy was on last night :P :D
more...
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ak27
03-27 08:59 AM
I had checked it with our Attorney and it is fine to work on Volunteer basis. However, there are very few oraganizations which will let you work. Working of the books is illegal...
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eagerr2i
08-04 03:45 PM
If you have worked for 40 quarters, you will be eligible for Soc Security irrespective of where you live. There are american citizens settled in the Carrebean Islands who get their social security checks there. However, the big question is "What if the social security runs of out of money when your time comes", Soc Security Admin will start having negative cash flows starting from 2008 beacuse of the baby boomers retiring in great nunbers and fewer younger people joining the work force in comparison. Or there might be the case that the payouts get reduced from the maximun of $ 1800 presently to a token payment of just $ 300..!
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
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desigirl
12-02 10:12 AM
As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
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ak_manu
04-09 03:27 PM
Hi,
My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
that time frame I would have already applied for my EAD renewal.
Can I transfer to Company B during this renewal process?
Thanks
AK
My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
that time frame I would have already applied for my EAD renewal.
Can I transfer to Company B during this renewal process?
Thanks
AK
more...
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gc_chahiye
12-07 04:48 PM
... Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count
nope. My own manager in my previous company got his GC done in EB1. He is not a VP or anything, just a project manager! Some reports here, some in the india office + a nice case prepared by a top lawfirm and you can be all set.
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count
nope. My own manager in my previous company got his GC done in EB1. He is not a VP or anything, just a project manager! Some reports here, some in the india office + a nice case prepared by a top lawfirm and you can be all set.
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eb3India
09-25 04:40 PM
it's creative idea thou ;), and there is no harm in trying
on the same note, I am planning to buy humve if I get a GC and get that hike I am hoping for, may be I should write to GM to do someting about my Green card, no I am not kidding, I really love that car,
on the same note, I am planning to buy humve if I get a GC and get that hike I am hoping for, may be I should write to GM to do someting about my Green card, no I am not kidding, I really love that car,
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jthomas
06-10 12:30 PM
we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
Ramba
03-15 11:18 AM
Filing 485 during visa unavailability, should not be the concern in this bill. Why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category. Specter removed very important provision that eliminate per country limit in EB visas for oversubscribed countries. This is a big blow to India, China. It will stop all the benefits from this bill.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
mbartosik
08-20 06:35 PM
I'm a UK citizen (waiting for GC), and one obversation that I have is:
If you are very good in your profession odds are that you'll suceed in either country. But if you are average (and by definition most are) then you'll be at a disadvantage with respect to the locals when you go somewhere new, especially if you don't have good contacts.
So I'd recommend thinking dispassionately about how good you are at your profession, and just as importantly how well that comes across in resume or interview. Do you have good contacts in UK?
I'm not sure if "indefinite leave to stay" gives you access to the whole EU, but it's a path to UK citizenship which does give you access to the whole EU job market (language barriers permitting). It does suck that UK gov effectively retrospectively changed the rules for "indefinite leave to stay", but at least in UK there is an end date (unless they push it out each year). Here for some there is no obvious end date for the waiting.
I also think that "indefinite leave to stay" may have a few strings (like GC six month in country requirement).
If you are very good in your profession odds are that you'll suceed in either country. But if you are average (and by definition most are) then you'll be at a disadvantage with respect to the locals when you go somewhere new, especially if you don't have good contacts.
So I'd recommend thinking dispassionately about how good you are at your profession, and just as importantly how well that comes across in resume or interview. Do you have good contacts in UK?
I'm not sure if "indefinite leave to stay" gives you access to the whole EU, but it's a path to UK citizenship which does give you access to the whole EU job market (language barriers permitting). It does suck that UK gov effectively retrospectively changed the rules for "indefinite leave to stay", but at least in UK there is an end date (unless they push it out each year). Here for some there is no obvious end date for the waiting.
I also think that "indefinite leave to stay" may have a few strings (like GC six month in country requirement).
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