YesGC_NoGC
09-08 12:25 PM
Hi
I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.
My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.
Thanks
I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.
My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.
Thanks
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sdckkbc
02-04 10:07 AM
LONGGCQUE,
This question just means if anyone helped you in filing the DS-160 form.
But question I was looking for was "Has anyone filed I140 immigrant petition on your behalf?" which pretty much means has anyone started your GC process.
This question just means if anyone helped you in filing the DS-160 form.
But question I was looking for was "Has anyone filed I140 immigrant petition on your behalf?" which pretty much means has anyone started your GC process.
Blog Feeds
12-18 09:50 AM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
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malepati
09-14 05:50 AM
My OPT started on July 12th, 2006 and I did not apply for my H1-B last year because the advanced degree cap quota was reached even before I got my job. Now, my OPT expired on July11th, 2007. My attorney suggested me to use the 60 days grace period to stay in U.S and get my H1-B Visa stamped in Chennai, India (Because, the 60 days grace period will get over by September 11th, 2007 and there is 19 days gap before my H1-B starts). In the H1-B approval notice it is clearly mentioned that I would attend the Chennai consulate for my stamping. The problem is that, I am not able to find available dates in Chennai consulate for H1-B stamping. Can I attend Delhi or Mumbai consulates? Please suggest me a way to come out of this situation.
more...
starving_dog
09-02 06:11 PM
Legalese for "We have no clue what is going on. Please bear with us for the next decade while we figure it out."
sbmallik
05-20 02:07 PM
Generally, Immigration add value to the economy ... but as a result of recession, we may see decline in immigration levels.
more...
uma001
07-29 02:42 PM
hello, I am in a F1 status for about 3 years, I have been working and filing taxes. I am going to get married to a USC and apply for a green card through it. I want to know if I can have any problem in the aplication since I've been working without authorization. Second in concern to the affidavit support how much should I show and who has to fill these forms since my future wife is unemployed. Third in case my wife file for bankruptcy in the future that could affect me and if it does how can avoid this. By the way I live in florida.
I hope somebody can help me.
Thanks
How can you work without authorization and filed taxes????
I hope somebody can help me.
Thanks
How can you work without authorization and filed taxes????
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Rajwaitingon140
09-21 04:51 PM
I'm in the same boat.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
When did you filed your I-140
Thank you
RajWaitingon140
I-140 applied in month of DEC'2006 and Still Waiting.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
When did you filed your I-140
Thank you
RajWaitingon140
I-140 applied in month of DEC'2006 and Still Waiting.
more...
mjdup
02-26 08:14 PM
As MerciesOfInjustices said - thanks to the core team ! you guys are the best, I wish participants in future will refrain from using cell phones, if possible. Looks like it causes lot of static - either way the mute and un-mute option should resolve this.
Topics covered and time management was absolutely great ! Hardwork pays off.
Topics covered and time management was absolutely great ! Hardwork pays off.
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krishna_brc
10-21 02:54 AM
I am in 6th year of my H1B. It is expiring in Aug 2011.
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Chances are very high that your priority date will be current before Aug 2011.
good luck
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Chances are very high that your priority date will be current before Aug 2011.
good luck
more...
bkshres
10-07 10:32 AM
Hi,
I filed my EAD and AP renewal on Sept 17 (20 days) ago but still I haven't heard received neither receipt notice nor my check being cashed. Is there anything we can do to find out about the receipt notice? Fedex tracking shows the mail being already delivered. I am currently working on EAD and recently used AC21 to switch the company so EAD is very important to me.
Please provide your feedback and if anyone is having same delays in getting receipt notice for EAD / AP.
Thanks,
BK
I filed my EAD and AP renewal on Sept 17 (20 days) ago but still I haven't heard received neither receipt notice nor my check being cashed. Is there anything we can do to find out about the receipt notice? Fedex tracking shows the mail being already delivered. I am currently working on EAD and recently used AC21 to switch the company so EAD is very important to me.
Please provide your feedback and if anyone is having same delays in getting receipt notice for EAD / AP.
Thanks,
BK
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STAmisha
12-22 08:59 AM
My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
more...
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Blog Feeds
02-08 09:10 AM
A rather alarming report, detailed in the Los Angeles Times (http://immigrationvoice.org/www.latimes.com/news/local/la-me-customs-audit-20101228,0,2191445.story), shows that new travel restrictions requiring passports for American citizens to reenter the country are not being enforced.
These are American citizens, so perhaps we should not get too excited about the report, but it still makes you wonder about travel enforcement in general. Here are excerpts from the article:
Despite new travel requirements, more than 2.3 million Americans reentering the country by land or sea from Mexico or Canada failed to produce a passport, birth certificate or other secure document to establish identity and nationality, a government review has found.
Most people, including about 500,000 in California, were allowed to pass through ports of entry without the approved documents or without being sent to a secondary inspection post for a more in-depth examination, according to the report by the inspector general for the Department of Homeland Security.
Many travelers were allowed to pass after undergoing extensive questioning and producing at least a driver's license, the report found. Overall, 96% of travelers arriving at the 39 busiest land ports were in compliance with the new law, which took effect in June 2009.
The procedure for processing those without the required documents needs to be more precise and implemented across the board, the report said.
The Western Hemisphere Travel Initiative, approved by Congress last year, requires U.S. travelers reentering the country from Mexico or Canada to present documents, such as a passport or birth certificate, to U.S. Customs and Border Protection officers.
Out of more than 1 million people, including U.S. and foreign citizens, who legally enter the United States each day, about three-fourths arrive by land from Mexico or Canada, according to U.S. Customs and Border Protection officials.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/6rWEgNGk304/)
These are American citizens, so perhaps we should not get too excited about the report, but it still makes you wonder about travel enforcement in general. Here are excerpts from the article:
Despite new travel requirements, more than 2.3 million Americans reentering the country by land or sea from Mexico or Canada failed to produce a passport, birth certificate or other secure document to establish identity and nationality, a government review has found.
Most people, including about 500,000 in California, were allowed to pass through ports of entry without the approved documents or without being sent to a secondary inspection post for a more in-depth examination, according to the report by the inspector general for the Department of Homeland Security.
Many travelers were allowed to pass after undergoing extensive questioning and producing at least a driver's license, the report found. Overall, 96% of travelers arriving at the 39 busiest land ports were in compliance with the new law, which took effect in June 2009.
The procedure for processing those without the required documents needs to be more precise and implemented across the board, the report said.
The Western Hemisphere Travel Initiative, approved by Congress last year, requires U.S. travelers reentering the country from Mexico or Canada to present documents, such as a passport or birth certificate, to U.S. Customs and Border Protection officers.
Out of more than 1 million people, including U.S. and foreign citizens, who legally enter the United States each day, about three-fourths arrive by land from Mexico or Canada, according to U.S. Customs and Border Protection officials.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/6rWEgNGk304/)
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dionysus
06-14 12:21 AM
Just be truthful in your applications and things will be fine.
If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
more...
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prioritydate
12-31 01:34 PM
Where is the poll?
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golgappa
11-17 02:38 PM
Do you have FedEx (or any other service) mailing delivery receipt and what is the date on that.
more...
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vinzak
11-10 02:06 PM
Tareek pe Tareek, Tareek pe Tareek...GC dene wala nahi rehta...GC lene wala nahi rehta....sirf reh jaati hai TAREEEK!!! ;)
If you don't know what I'm talking about...
YouTube - DAMINI - Tareekh Pe Tareekh (http://www.youtube.com/watch?v=4tHLAQVPZ48)
If you don't know what I'm talking about...
YouTube - DAMINI - Tareekh Pe Tareekh (http://www.youtube.com/watch?v=4tHLAQVPZ48)
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kilubilu46
07-24 10:20 PM
Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?
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immi2006
07-01 08:14 AM
Hi,
I want to know how this can be possible. A few folks who work with me claim that some folks whom they know well have got GC in Feb 2007, even though there PD is June 2005.
They are all from India. I am sitting here with Aug 2001 PD, just cleard from BEC and waiting to file 140 and 485.
Do you think there is any truth to the previous statements of my friend ?
I want to know how this can be possible. A few folks who work with me claim that some folks whom they know well have got GC in Feb 2007, even though there PD is June 2005.
They are all from India. I am sitting here with Aug 2001 PD, just cleard from BEC and waiting to file 140 and 485.
Do you think there is any truth to the previous statements of my friend ?
anurakt
01-19 04:29 PM
remember it's today
silverfishy
05-06 05:27 PM
Folks:
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
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