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  • austingc
    08-06 03:28 PM
    Folks, Let us not use this forum for non-immigration matters.
    This topic is posted under General Information > Interesting Topics

    Billu did not post this under immigration matter, so dont read it if you dont want to.




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  • pd_recapturing
    11-05 08:11 PM
    This might be a serious issue. Take an infopass and dig it. Did you use AC21 by any chance?




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  • dealsnet
    08-31 01:13 PM
    You are correct.
    I think last action on I-94 is valid.


    According to my knowledge you have 2 options
    1) Travel to canada in Nov and return back using new I797 so that you can get new I94 upto Nov 2012
    2) Go to the nearest intl airport and explain them your scenario to border security officer, mostly they can change the date on your I94




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  • acecupid
    08-19 09:38 PM
    If you renew your passport in US it takes approx 5-6 working days. I have done that at san francisco indian consulate. In India it may take weeks or even more than a month unless you have some connections. You know how things work in India...

    I dont think you should have problems even at POE with passport expiring less than 6 months. I would suggest try to renew it in US if you have time or dont renew it at all till you come back to US. Trying to do it in India might cause delays.



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  • kumar1305
    02-11 06:13 AM
    In your sim city you can make these rule. However for the real world support IV initiatives for the best results.

    I'm in my sixth year and didn't even apply for labor. Let the company apply my labor thn I will be active in ur initiatives.




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  • sharadara
    09-02 10:17 AM
    Thanks GCDreamer and sbmallik.
    Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?



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  • dionysus
    01-28 08:31 PM
    I just applied for a PIO card for my daughter. I did not even know that there was any other option available.




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  • bearstory
    04-26 09:10 PM
    Thank you everyone for your reponds. We are going to have a wedding in August, 2010. Can we fill the I30 and other forms now or we have to wait until after the wedding?



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  • looivy
    03-23 02:39 AM
    Can a legal expert provide advice as to whether I can use EAD/AP to get in?

    Bump again




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  • polapragada
    10-23 05:56 PM
    This seems pretty amazing. I wonder how it will play out in action.

    "On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
    Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.


    * WHO WILL BENEFIT FROM THE NEW LAW?
    Not only does the new law eliminate the infamous "widow penalty", it does so much more!
    When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
    There are few options for surviving relatives:
    For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
    There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.

    1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
    2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
    3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
    4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
    5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
    Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.

    ........
    * EXAMPLE #4 - Employment-Based Petition
    Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".





    * CONCLUSION

    The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
    However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."

    http://shusterman.typepad.com/nation...y-members.html


    It is very good law...Thanks for sharing..



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  • askreddy
    08-16 05:03 PM
    Hi

    What is your Received and Notice dates for 485.Just checking is this related topre adjuducation process.

    Thanks




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  • manderson
    11-25 11:45 AM
    that's right. if u switch to F1 now then u will pretty much throw away your GC app. Plus you can only go to school part time on H1 with explicit written permission from the employer (consult lawyer to see if additional paperwork is needed). But you can go full time on EAD.

    I am also thinking of going back to school. The way I plan to do this is to activate EAD (via I-9 form with employer) and abandon the H1. You see, after the AC21 period, I will have leverage to negotiate w/ the employer. If he can accomodate my going back to school I will stick with him, otherwise I can find a new employer....

    Ofcouse the risk is, if GC gets denied, then by law you have to leave immediately.

    I am planning to pursue my studies part-time, while working fulltime on H1B or EAD. If you move to F1 visa, you will have to forego your immigration application. To apply for immigration later will require you to start all over again. It is unbelievable !! :mad:
    So, depending upon your age and other factors, you should consider studying part-time or wait till you get your GC.

    ------------------------
    EB3 March 2003
    AOS RD: June 22 '07
    EAD, AP Received



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  • babuworld
    05-29 11:33 AM
    I too got RFE on my I-485 but its about Birth Certificate requesting non availability and my 10th and 10+2 mark list. Got the same RFE to my spouse too.

    I am with the same employer.




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  • sobers
    06-29 01:42 PM
    Obviously using approved labor (or substitute labor) is a shady practice and many desi consulting companies are employing this scam. If they don't share this info with you, you can either:
    1) Continue working with this company in the hope they are doing everything by the book and this will all work out
    OR
    2) Go work for a bonfide employer



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  • svam77
    07-18 07:05 PM
    Thanks for the replies !! I have everything ready as I was planning for concurrent filing. But since the decision was changed on July 2nd, my attorney just filed I 140.

    sure, I would sign up for the contribution.




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  • nissan_1
    01-24 02:52 PM
    During my 2nd H1B stamping, I also faced the same situation in New Delhi consulate. I got 221g and the visa officer told me that my application need some adminstrative approval from DC and it will take 3-4 weeks. Those 4 weeks were painful. My whole vacation was runied. Anyway after 4 weeks I got a call from the Embassy and got stamped next day.
    But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((



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  • jcrajput
    10-02 11:11 AM
    I will need to refile I485 application for myself and my wife. It was rejeted in error from USCIS. I have question:

    Should I re-file with old fees or new fees? Any one can help me here?

    My application was originally filed at NSC on July 2nd.

    Thank you,




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  • snathan
    05-19 09:10 PM
    Dude snathan,

    I am not responding to you for this response, I have seen your responses before.

    You definetly need to consider taking this How to Communicate with Diplomacy, Tact and Credibility (http://www.amanet.org/training/seminars/How-to-Communicate-with-Diplomacy-Tact-and-Credibility.aspx)

    Take it easy buddy, trying to help you....

    Thanks for the link...Btw are you taking the same class...:)




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  • lostinbeta
    10-28 10:21 PM
    Yeah, usually people look for credentials when finding a web designer.

    You know what you could try to do?

    Possibly create so mock sites to add to your portfolio to show people who are looking.

    Like they don't have to be for a real company, make something up, build a site and use that to show people.




    whattodo
    12-26 08:20 PM
    Well said, Kumar1. It seems like you have done PhD on immigration matters. :)

    H1/H4/L1/L2... - Non-Permanent Resident Alien
    F1/F2 - Non-Permanent Non-resident Alien.
    Green Card - Permanent Resident Alien.
    Citizen - Naturalized citizen

    Resident and Non-resident make a difference in taxation.

    Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. �Non-Permanent� because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.

    Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). �Non Permanent� comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.

    Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.

    Let me know if I am wrong anywhere. Thanks




    thomachan72
    01-13 05:20 AM
    Totally agree with the above post. I know many folks who were in your position but did not have to leave. Some found new jobs within a months time others took a bit longer. Your 140 revokation or H1b withdrawal will not be an issue since you move onto EAD or you should transfer your H1b soon. Best.



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