GCeffect
11-13 07:51 PM
Hi there:
My mother in law is visiting us. This is her 2nd time in this country. In 2007 when she visited us in USA, we applied for the extension and it was approved but the 2nd time when we applied for the extension again it was denied.
She is visiting us this year too. As usual she receved 6 months visa on the port of entry, we're planning to apply for the extension again. 6 month will expire on 29th of november, 2009. Also as we have out first kids about 4 months ago and that is another reson she wants to stay another 4/5 months.
In the reson of extension should we mention "she wants to stay for the baby" or should we mentioned about her anticipated trip to other states?
There are only 15 days left in her passport; is that okay to apply for the extension?
i'm ready with all the application paperworks. Any input is appreciated in the above mentioned matter.
My wife and my current status: i-485 pending for last 2.5 years.
Thanks ahead
My mother in law is visiting us. This is her 2nd time in this country. In 2007 when she visited us in USA, we applied for the extension and it was approved but the 2nd time when we applied for the extension again it was denied.
She is visiting us this year too. As usual she receved 6 months visa on the port of entry, we're planning to apply for the extension again. 6 month will expire on 29th of november, 2009. Also as we have out first kids about 4 months ago and that is another reson she wants to stay another 4/5 months.
In the reson of extension should we mention "she wants to stay for the baby" or should we mentioned about her anticipated trip to other states?
There are only 15 days left in her passport; is that okay to apply for the extension?
i'm ready with all the application paperworks. Any input is appreciated in the above mentioned matter.
My wife and my current status: i-485 pending for last 2.5 years.
Thanks ahead
wallpaper Rachel Zoe and Nicole Richie
PALLO
04-15 05:02 PM
It is not EB1, It is for EB2.
virtual55
03-04 01:58 PM
How will you do that? I guess, while working on cases, user has to click somewhere to send an email. If they choose not to, then there will be no email. In my case, I never saw consistency in getting emails. I don't think that is a big issue, just check your status periodically. Bigger and important issue is how to get your case processed faster, and in sequence.
USCIS online case status system broken, My AP receipt numbers are not showing up online. we need to alert concerned USCIS authorities directly or thru IV's contacts in USCIS or thru AILA.
USCIS online case status system broken, My AP receipt numbers are not showing up online. we need to alert concerned USCIS authorities directly or thru IV's contacts in USCIS or thru AILA.
2011 Nicole Richie: quot;Rachel Zoe is
satishm
08-18 09:40 AM
I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney
Check with your attorney
more...
gc_on_demand
03-10 04:24 PM
Please add this tutorial on IV wiki too so that in future when someone asks, we can point to the Wiki - Forums FAQS
Hello Pappu
There is a link for Edit Profile under WIKI
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/FORUM_FAQ
I just want to make this thread so people update. Most of time people dont visit other stuff but only threads.
Hello Pappu
There is a link for Edit Profile under WIKI
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/FORUM_FAQ
I just want to make this thread so people update. Most of time people dont visit other stuff but only threads.
jonty_11
07-25 04:07 PM
wouldnt it be better to check the earliest apptt available on the INFOPASS website rather than here..Just a thought.
more...
clear485
08-26 02:30 PM
Hi Guys,
I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?
Recently went through the following info....don't know if it helps you or not....
USCIS Policy on Refiling of I-140 Petition Pending AAO Appeal
The AILA-USCIS Service Center Operations Office Liaison minute indicates that the USCIS will allow the employers to refile I-140 petition when the denial of I-140 has been appealed and pending before the AAO. However, such refiled I-140 petition will be held in abeyance pending the decision of the AAO for the appealed I-140 petition. It advises that in order to seek the adjudication of the refiled I-140 petition, the employer must withdraw the pending AAO appeal. However, people must understand that such decision should not be made too lightly in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn. Such benefits include AC-21 extension of H-1B nonimmigrant status even beyond the six-year limit. Besides, pending the appeal, the USCIS decision of denial is considered "not final," and there are a number of benefits attached to the situation when the denial is considered not final.
I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?
Recently went through the following info....don't know if it helps you or not....
USCIS Policy on Refiling of I-140 Petition Pending AAO Appeal
The AILA-USCIS Service Center Operations Office Liaison minute indicates that the USCIS will allow the employers to refile I-140 petition when the denial of I-140 has been appealed and pending before the AAO. However, such refiled I-140 petition will be held in abeyance pending the decision of the AAO for the appealed I-140 petition. It advises that in order to seek the adjudication of the refiled I-140 petition, the employer must withdraw the pending AAO appeal. However, people must understand that such decision should not be made too lightly in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn. Such benefits include AC-21 extension of H-1B nonimmigrant status even beyond the six-year limit. Besides, pending the appeal, the USCIS decision of denial is considered "not final," and there are a number of benefits attached to the situation when the denial is considered not final.
2010 altTag Nicole Richie and
arnet
10-31 07:26 PM
The application procedures vary based on the consulate you are planning to visit for visa stamping.
so which consulate you are planning to visit to get visa stamping? no need for emergency appointment if you are planning to get it done in india.
in india, from October 2006 things are changed, you can get appointment easily, even now there are dates available in december (also in november). if you book now, you can get appointment in december.
check VFS sites. if you have any questions about the eliglibity, contact VFS numbers or send email from the following page:
https://www.vfs-usa.co.in/ApplnForms/RulesAndFees/CustomerFeedback.aspx
also you can check appointment dates at one of the indian consulates at the following page and at the bottom of the page, click the link 'Click here for an estimate of current availability of visa interview appointments':
https://www.vfs-usa.co.in/Home.aspx
To book appointment in VFS site, you need HDFC receipts from HDFC bank branch for each of the applicants, so for procedure, check fees and forms link in this VFS site.
At the beginning, the principal applicant can create one application with his/her hdfc receipt number with other reqd details and later can add their dependents at later stage of application. You can fill other DS-156/157 forms here.
good luck!!!!
Disclaimer:
I'm not an immigration attroney, so consult one for your situations as laws/procedures keep changing.
Hello All - I understand from the website that the people already working in the US qualify for an emergency appointment if they are returning back to work in the US. Does anyone if this rule is also applicable it is the first time you are getting a H1-B visa stamp? I got a COS and am planning to get a stamp in December. I know that more dates are available now .. but was wondering if the need arises will I eligible for emergency appointment?
Thanks!
Neo
so which consulate you are planning to visit to get visa stamping? no need for emergency appointment if you are planning to get it done in india.
in india, from October 2006 things are changed, you can get appointment easily, even now there are dates available in december (also in november). if you book now, you can get appointment in december.
check VFS sites. if you have any questions about the eliglibity, contact VFS numbers or send email from the following page:
https://www.vfs-usa.co.in/ApplnForms/RulesAndFees/CustomerFeedback.aspx
also you can check appointment dates at one of the indian consulates at the following page and at the bottom of the page, click the link 'Click here for an estimate of current availability of visa interview appointments':
https://www.vfs-usa.co.in/Home.aspx
To book appointment in VFS site, you need HDFC receipts from HDFC bank branch for each of the applicants, so for procedure, check fees and forms link in this VFS site.
At the beginning, the principal applicant can create one application with his/her hdfc receipt number with other reqd details and later can add their dependents at later stage of application. You can fill other DS-156/157 forms here.
good luck!!!!
Disclaimer:
I'm not an immigration attroney, so consult one for your situations as laws/procedures keep changing.
Hello All - I understand from the website that the people already working in the US qualify for an emergency appointment if they are returning back to work in the US. Does anyone if this rule is also applicable it is the first time you are getting a H1-B visa stamp? I got a COS and am planning to get a stamp in December. I know that more dates are available now .. but was wondering if the need arises will I eligible for emergency appointment?
Thanks!
Neo
more...
searchGreen
02-15 08:43 PM
Labor/I-140/485/EB3 approved with PD of 2003. THe approved Labor had criteria that meets EB2 so trying to apply new I-140 in EB2 with the same labor. All is well except, lawyer concerned about the degree mentioned in labor is "computer science or equivalent" and I have "electronics engineering". Isn't the word "equivalent supposed to mean closeby or related as electronics engineering that we had was more like computer engineering
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
Appreciate advice.
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
Appreciate advice.
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ranand00
05-10 09:36 PM
My status says the same except date is dec 12th 2007.
i am also stuck in backlog.i think it is a system glitch.must have been an old finger printing notice
thanks
anand
i am also stuck in backlog.i think it is a system glitch.must have been an old finger printing notice
thanks
anand
more...
ramus
07-02 08:55 AM
What is source of this news?
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
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masti_Gai
01-25 08:15 AM
NOPE:(
min GC required:eek:
min GC required:eek:
more...
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s_r_e_e
08-25 10:43 AM
had same issue when i applied, last july. Attorney said H4 receipt missing shouldnt be a problem.
tattoo Nicole#39;s already a designer
gc122004
07-25 03:50 PM
I would like to request for info pass, let us say If I need it on August 2nd week how many days before I can login to info pass and take that.
In other words if I go an take Info pass today when can I get the erliest scheduled date?.
Thanks,
I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.
In other words if I go an take Info pass today when can I get the erliest scheduled date?.
Thanks,
I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.
more...
pictures Nicole Richie attends the
Blog Feeds
12-18 03:40 PM
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)
dresses (Rachel Zoe) soon turned
djmaddy
07-18 12:23 PM
Thanks a lot Kirupa!
more...
makeup Star Stylist Rachel Zoe#39;s
martinvisalaw
07-30 05:01 PM
Occupations on Job Zone 5 are listed here: Job Zone Five: Extensive Preparation Needed (http://online.onetcenter.org/find/zone?z=5&g=Go).
Even if the position is not in this list, the employer can still require EB-2 requirements. It just means that the company will have to answer "no" to the question on the PERM form as to whether the position requirements are normal for the occupation. This may trigger an audit where the company will have to justify the extra requirements based on business necessity. I've done this many times without a problem. I'm not saying it is easy, but if the employer has detailed business reasons for the requirements, it should succeed.
Even if the position is not in this list, the employer can still require EB-2 requirements. It just means that the company will have to answer "no" to the question on the PERM form as to whether the position requirements are normal for the occupation. This may trigger an audit where the company will have to justify the extra requirements based on business necessity. I've done this many times without a problem. I'm not saying it is easy, but if the employer has detailed business reasons for the requirements, it should succeed.
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amolraj
09-20 12:19 AM
Hi,
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
Appreciate your replies. Thanks so much.
AmolRaj
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
Appreciate your replies. Thanks so much.
AmolRaj
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rsayed
02-21 03:38 PM
Hi
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.
Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).
From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.
GOOD LUCK!!!
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.
Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).
From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.
GOOD LUCK!!!
sroyc
07-09 04:23 PM
I believe that it's the date of last physical entry into the U.S.
I'm in a similar situation and my lawyer filled that.
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
I'm in a similar situation and my lawyer filled that.
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
Counterproductive
10-26 03:50 PM
2gether was a tv show. A parody of a boy band.
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