rbharol
11-08 10:50 AM
Hi,
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
This is really a very bad and sorry situation to be in.
I am feeling very bad after reading this.
This is unnecessary harrasment.
It is fault on your part too. They should not have overstayed and should have
filed for extension if they had to.
Best bet is to hire a good lawyer quickly.
Good luck.
Let me know if we can help. Send me PM if you need help of any kind.
I am in San Francisco area.
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
This is really a very bad and sorry situation to be in.
I am feeling very bad after reading this.
This is unnecessary harrasment.
It is fault on your part too. They should not have overstayed and should have
filed for extension if they had to.
Best bet is to hire a good lawyer quickly.
Good luck.
Let me know if we can help. Send me PM if you need help of any kind.
I am in San Francisco area.
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addsf345
10-22 01:10 PM
I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.
@KabAyegaMeraGc - question for you: if you were qualified for EB-2, why did you in first place filed for EB-3? Looking at your profile, you may would have been just about to get your GC if you would have been in EB-2 bucket. Just curious. Also, what is your lawyer's take on this whole porting thing?
@KabAyegaMeraGc - question for you: if you were qualified for EB-2, why did you in first place filed for EB-3? Looking at your profile, you may would have been just about to get your GC if you would have been in EB-2 bucket. Just curious. Also, what is your lawyer's take on this whole porting thing?
mnkaushik
05-14 11:11 AM
FYI - last year I was current on August 1st and got my green card email on August 30th. There were plenty of people who did not get it that month and got it following month.
If I were you, I would what ever you think helps your case but looking at how things happend last year, I really dont think anything helped. But I did talk to my congressman and also created SR. I think, if you search for threads titled August 2010 approvals etc you will find everyone went through what you are all going through now.
If I were you, I would what ever you think helps your case but looking at how things happend last year, I really dont think anything helped. But I did talk to my congressman and also created SR. I think, if you search for threads titled August 2010 approvals etc you will find everyone went through what you are all going through now.
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ys2jax
07-14 09:38 AM
i thought india EB quota had a hard constraint of 7% but 17000 seems to be much higher than that out of the total 140K, can somebody explain
more...
monkeyman
11-18 09:23 AM
These responses are based on my experience:
Make sure you are counting 180 days after you get the EAD Card (based off the valid date on the EAD Card) - like my lawyer says, its USCIS and they have no clue as to what they are doing. In such an event, you will be fully covered.
You can work anywhere you want to. You can use EAD as your proof of status and eligibility to work. Note that, you should ensure that you get your EAD Card renewed very religiously. Any lapse in renewal could be effectively used against you. Oh, it is also called Work Permit and normally, the employer asks for it during filling up your I-9.
Besides that, you are not required by law to do anything more. You might get called for AOS interview where you might be asked questions about your employment (I never did). But that is just a formality. I have read in forums about filing AC21, but my lawyer said such things were optional (in my case since I joined the client from the service provider). You should chill out and enjoy the job. Good luck.
Make sure you are counting 180 days after you get the EAD Card (based off the valid date on the EAD Card) - like my lawyer says, its USCIS and they have no clue as to what they are doing. In such an event, you will be fully covered.
You can work anywhere you want to. You can use EAD as your proof of status and eligibility to work. Note that, you should ensure that you get your EAD Card renewed very religiously. Any lapse in renewal could be effectively used against you. Oh, it is also called Work Permit and normally, the employer asks for it during filling up your I-9.
Besides that, you are not required by law to do anything more. You might get called for AOS interview where you might be asked questions about your employment (I never did). But that is just a formality. I have read in forums about filing AC21, but my lawyer said such things were optional (in my case since I joined the client from the service provider). You should chill out and enjoy the job. Good luck.
a_yaja
06-22 10:04 AM
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
more...
Hong12
02-04 12:52 AM
I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
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dixie
07-03 10:18 AM
Can a Canadian Citizen work in the USA without a visa ? How easy is that ?
NOPE. Canadian citizen can visit the USA without a visa.But to work, you need either a TN visa or plain old H1-B and go through the whole EB drama as usual.
NOPE. Canadian citizen can visit the USA without a visa.But to work, you need either a TN visa or plain old H1-B and go through the whole EB drama as usual.
more...
sathweb
02-04 04:31 PM
You are merely a beneficiary of 140 application, the petitioner is your GC sponsoring company - only the company or representative has the authority to make inquiries. First step, you should ask your attorney or company to call USCIS and mention that your 140 is outside processing time and also you had responded to an RFE , it has passed standard response/decision time (usually 60 days) - ask the CSR to open an SR. For the most cases that I know, this has triggered a decision with in 45 days from the date of SR. Hope this helps.
I totally agree with you. Legally that�s all you could do.
But if you approach your Senator office, all they wanted to know is that your GC is dependent on it. When Senator sends congressional enquiry, USCIS does not question Senator about who requested.
I am not sure about legality of it; as long as it works go for it. Before asking Senator�s help, try your attorney and SR etc, mention in your letter to Senator that you tried all avenues before approaching him.
I totally agree with you. Legally that�s all you could do.
But if you approach your Senator office, all they wanted to know is that your GC is dependent on it. When Senator sends congressional enquiry, USCIS does not question Senator about who requested.
I am not sure about legality of it; as long as it works go for it. Before asking Senator�s help, try your attorney and SR etc, mention in your letter to Senator that you tried all avenues before approaching him.
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msgoud
03-09 12:54 PM
he is india
he didnt go for interview,his wife went,and when was unable to answer few question they called my brother who was wiating outside for afternoon.
he didnt go for interview,his wife went,and when was unable to answer few question they called my brother who was wiating outside for afternoon.
more...
jasmin45
03-14 09:34 AM
Most of the american students (not all) does not develop the attitude and key qualities required for Higher education in science and technology. As per my observation, lot of them seems to have high ambition, which is good, but no focus on means to achieve it.
Overall development of personality and physique is good but the psychological preparedness to tackle the technical and scientific problem is lacking at a high degree. This can be attributed to the basic education system where the focus is on external physical and social development and hence they have good qualities for marketing but majority of the folks fail to realize that and instead of finetunning the strengths the lack of focus keep then working on other aspects during entire teen years. This is where they need direction from education specialists.
This is in contrast to what we see in south east asian countries where the focus is not on external and physical development but on cultivation of attitude and psychological preparedness which turns the students into science and technology much more than sports and fashion.
Even now their standard set for 3rd grade and 5th graders are way too low compared to Asian and European 1st & 2nd grades. Whole number to fractions transition does not take 2 grades. But understandably so, sudden changes in education standards will be harder on kids in immediate generation as the base is not set. Next gen will benefit.
There are pros and cons in both the system but the key is what is needed for the economy. Right now it is science and techno graduates in US and their system does not support it. It is hard to make that shift but If they can successfully put it together, in next 20 years you will see a fair amount of science and technology graduates in US which will include US born kids generation of immigrant population.
Overall development of personality and physique is good but the psychological preparedness to tackle the technical and scientific problem is lacking at a high degree. This can be attributed to the basic education system where the focus is on external physical and social development and hence they have good qualities for marketing but majority of the folks fail to realize that and instead of finetunning the strengths the lack of focus keep then working on other aspects during entire teen years. This is where they need direction from education specialists.
This is in contrast to what we see in south east asian countries where the focus is not on external and physical development but on cultivation of attitude and psychological preparedness which turns the students into science and technology much more than sports and fashion.
Even now their standard set for 3rd grade and 5th graders are way too low compared to Asian and European 1st & 2nd grades. Whole number to fractions transition does not take 2 grades. But understandably so, sudden changes in education standards will be harder on kids in immediate generation as the base is not set. Next gen will benefit.
There are pros and cons in both the system but the key is what is needed for the economy. Right now it is science and techno graduates in US and their system does not support it. It is hard to make that shift but If they can successfully put it together, in next 20 years you will see a fair amount of science and technology graduates in US which will include US born kids generation of immigrant population.
hot love poems for one you love
gjoe
01-30 06:19 PM
Either the account of Jaime has been hacked or there is some problem with the forum showing the number of your post count incorrectly.
Hey guys, can anyone help? I�ve been disconnected from the site for a while due to personal reasons. Does anyone know approximately the following?
1- Approximate PERM processing times (from filing time) for EB2
2- Approximate I-485 and I-140 processing times from filing date for EB2
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
4- Are I-140 and I-485 still being filed concurrently?
I know there are trackers, but I find them all confusing!
Sorry for the many questions. This would help me a lot! Thanks in advice for any input guys!
(or send me a private message if easier, thanks!)
Hey guys, can anyone help? I�ve been disconnected from the site for a while due to personal reasons. Does anyone know approximately the following?
1- Approximate PERM processing times (from filing time) for EB2
2- Approximate I-485 and I-140 processing times from filing date for EB2
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
4- Are I-140 and I-485 still being filed concurrently?
I know there are trackers, but I find them all confusing!
Sorry for the many questions. This would help me a lot! Thanks in advice for any input guys!
(or send me a private message if easier, thanks!)
more...
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centaur
02-23 09:42 AM
There are 2 types of J-1. One is for researchers with no clinical training (practice of medicine), this does not require 2 yrs HRR. The other J-1 is for training in clinical medicien and requires HRR.
Paskal,
You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.
A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).
Could you please throw some light on the following:
- Inspite of the visa officer's determination, is she still "a marked man"?
- If you are subject to the 2 Yr. HRR, is mentioned on your visa?
By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine
I will really appreciate your thoughts.
Thanks.
Paskal,
You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.
A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).
Could you please throw some light on the following:
- Inspite of the visa officer's determination, is she still "a marked man"?
- If you are subject to the 2 Yr. HRR, is mentioned on your visa?
By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine
I will really appreciate your thoughts.
Thanks.
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dj9533
11-10 11:54 AM
AP
I485 Receipt Notice
EAD(just in case)
thats all you need
I485 Receipt Notice
EAD(just in case)
thats all you need
more...
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telekinesis
09-06 04:02 PM
Thanks...again :P
I am never happy with my footer and still am not happy with it; I wish kirupa allowed music because transition effect like the ones in my footer went to a techno track but I took it out before I published it :*(, so I will most likely update it later today and a totally maxed out version on monday. By then I should have my intro done, ya know, for certain people to view a sneek peek message me on AIM.
I am never happy with my footer and still am not happy with it; I wish kirupa allowed music because transition effect like the ones in my footer went to a techno track but I took it out before I published it :*(, so I will most likely update it later today and a totally maxed out version on monday. By then I should have my intro done, ya know, for certain people to view a sneek peek message me on AIM.
dresses A collection of Love Poems and
ken
04-09 03:04 PM
I have never been to florida.. This is what concerns me also why they sent the case to miami,fl local office.. I Checked with attorney also he said it is not going to effect the processing of case.
more...
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ImmiRam
09-13 04:57 PM
I am sure you are well aquinted with IV and EB process.
You proudly keep profile incomplete....
Post a "noval" idea about law suit in first few posts (most likely you have another IV handle too).....
....
still wondering why you are so "famous"....
The rudeness some of the members display here amazez me...Yes, my profile is incomplete, but I still went ahead and made donation...not that I a, bragging but it speaks about commitment. Since my profile is incomplete, it gives you right to be Rude ? And why cannot I post about lawsuits in first few posts ? I dont get what you are trying to convey. Am I missing something here? I thought we are all professionals here, guess I am wrong.
You proudly keep profile incomplete....
Post a "noval" idea about law suit in first few posts (most likely you have another IV handle too).....
....
still wondering why you are so "famous"....
The rudeness some of the members display here amazez me...Yes, my profile is incomplete, but I still went ahead and made donation...not that I a, bragging but it speaks about commitment. Since my profile is incomplete, it gives you right to be Rude ? And why cannot I post about lawsuits in first few posts ? I dont get what you are trying to convey. Am I missing something here? I thought we are all professionals here, guess I am wrong.
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amitkhare77
01-30 10:00 AM
please see my response
Here's a brief background:
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
maintenance), Effectively guide the team, collaborate with other team members and
provide quality software solutions to accommodate business needs.
I hope this helps
Any help is really really appreciated.
Here's a brief background:
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
maintenance), Effectively guide the team, collaborate with other team members and
provide quality software solutions to accommodate business needs.
I hope this helps
Any help is really really appreciated.
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vkotval
05-30 08:31 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
I donot understand what revoking 140 has to do with your new h1-b with company B ? Your new h1-b wit company B will still remain valid.
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
I donot understand what revoking 140 has to do with your new h1-b with company B ? Your new h1-b wit company B will still remain valid.
hopelessGC
04-28 12:02 PM
I found this information (probably posted before already), which could explain a little more about USCIS "pre-adjudication" procedures. It definitely provides a glimmer of hope and peace for those stuck in retrogression.
Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html
I am posting information form this article that might interest the readers:
The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:
1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
2. Duplicate: the A number associated with the application has already been authorized; or
3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.
Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.
According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.
Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D
Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html
I am posting information form this article that might interest the readers:
The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:
1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
2. Duplicate: the A number associated with the application has already been authorized; or
3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.
Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.
According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.
Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D
drirshad
11-14 03:01 AM
You need exp letter before filing 140 or 485 so don't worry anymore, checkout the following website get your salary you deserve a lot more than he owes ......
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
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