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  • dealsnet
    09-07 11:30 AM
    Only he can file I-130 for brother/sister. It is his petition.
    I-485 need to file when your PD need to be current.
    Indian Bro/sister need to wait 10 years to file I-485.
    So you can file I-485 in 2020 AD.

    Hi,

    Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.

    In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
    Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?

    Thank You,
    Anil





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  • cps060
    01-31 04:28 PM
    If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?

    For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
    How long does it take to transfer status from H1B to H4 ?





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  • sForever
    09-22 04:21 PM
    One simple question to which I get different answers from different attorneys. I currently have US MS + 5 years of experience & working as Project Manager.. When I filed for EB-3 (in 2008) I had MS + 2.5 years of Experience and the role was Software Engineer

    When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.

    Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager

    Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)

    Who's correct?





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  • nirdlalegcade
    01-29 10:16 AM
    can I leave US while my green card is pending? I have H4 visa and it is still valid. any help? Thank you so much! :D



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  • dbevis
    February 3rd, 2004, 05:07 PM
    Did you listen to the shutter sound-capture comparisons? Uzi vs bolt action. The Nikon can really crank the shutter.

    A# different on FP notice and 485 receipt [Archive] - Immigration Voice

    View Full Version : A# different on FP notice and 485 receipt






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  • ajay
    02-23 12:08 PM
    Gurus,

    I am considering switching my employer.

    Currently I have I-140 and labor for GC approved in 2006.
    Filed I-485 in July 2007.

    My current H-1B expires on December 2009. (9 years on H-1B.... ya that long)

    Based on my AC-21 portability after 180 days of I-140 approval, if I move to a new employer and file H-1B transfer, will I get default approval of only upto December 2009, or can I get 3-year extension based on my I-140 approval?

    Appreciate your answers in advance.

    Thanks,
    Optimizer
    You can get 3 years extension based on your approved I140. Please consult a lawyer before jumping into conclusions though.



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  • mihird
    07-09 10:26 PM
    It will be subjective of the examining officer...he could choose to deny the 140, issue an RFE or may even just ignore it...





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  • kalyan
    05-05 01:48 PM
    If we can get the statistics that INS or USCIS is wasting numbers every year on i-485 approvals, i would like to initiate a class action suit.



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  • andy garcia
    11-30 10:38 AM
    Mail it in, if it's rejected you do not lose anything. According to the law (8 USC 1255) the USCIS should accept it.

    Not according to this:

    8 1255. Adjustment of status of nonimmigrant to that of person admitted for permanent residence.
    (a) Status as person admitted for permanent residence on application and eligibility for immigrant visa
    The status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
    (1) the alien makes an application for such adjustment,
    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
    (3) an immigrant visa is immediately available to him at the time his application is filed.





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  • jcrajput
    05-11 09:16 AM
    My I-485 is pending and priority date is OCT 2006. We have EAD which expires in DEC 2010. I also have H1B visa which expires on JUN 2010 (After 3 years of extension after I-140 approval.) My question is:

    1. Is it worth having H1B visa extended just in-case? Will extending H1B visa cause any problems with pending I-485?

    I appriciate yr help.

    Thanks
    Jig.



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  • gc750
    01-02 06:37 PM
    Hello Freinds,

    I came to India on a vacation and went for a H1 stamping on 29th Dec at the Chennai consulate. I ended up getting the famous Pink 221G (Additional Admin Processing - AAP). I believe it is because of my muslim name (I am not a consultant or working for any consulting firm, full time employee with my comp's IT department, work for a reputed manufacturing company and done MS here in USA, been in USA for 9 years now, had previous F1, and H1 stampings).

    The VO asked very basic questions (who is the employer, what they do, where did you go to school, what majors) and didn't take any of my documents except the D156, D157 & Employee letter. She said my visa is approved, however I will have to go through AAP and will have to wait for 4 to 12 weeks.

    I am planning to wait till the end of January and if nothing moves ahead in my case, then go back to USA on Advance Parole (Based on the experience from other members who were stuck in 221G and who travelled back on AP), and come back to India once the 221G is cleared, and the consulate requests to send Passport.

    One of my personal concerns about this approach, does the consulate consider my visa applicaton abondoned if they find out that I have already entered US (using AP)? and will it have any issues in the future with my pending AOS?

    Has anyone gone through this similar situation (that they travelled on AP while H1 is in 221G status) and got successful stamping after the consulate has requested to send the Passport.

    Anyone please share your experience in the above situation........

    Also if am returning to USA on AP, do I have to show the I797, so the Immigration officer puts the expiration date on the I94 as the date on the I797

    Any suggestions will be greatly appreciated.





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  • kumar_459
    11-04 08:46 PM
    Hi

    My wife recently went for a H1B renewal stamping in india. They visa officer provided a 221(g) administrative processing (pink) requesting additional documents (job description, reasearch projects, previous visas list etc..,). She is preparing the necessary docs to submit the same. Since she went to india for a short trip (travelling back next week).

    1. She has Advanced parole. Can we use Advance parole??
    2. If we use Advance parole, then once the Adminstrative processing is complete, how do we handle the stamping?? Do we need to go back again to the consulate to get the stamping done? or is there a way to withdraw the visa application from the consulate??

    I would greatly appreciate if someone is similar situation share their experiences



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  • vishwak
    02-01 03:39 PM
    Which center did you sent out documents to?

    I saw in other threads that some people who aplied for AP in Dec got approval on 30th Jan. So I believe you should be getting it soon.

    I also applied for AP and waiting for approval, I believe I should get it in anytime between 1-2 months.

    I asked same Question, whether I can travel outside after applying or after getting receipt and come back after approval. Many attorneys say its not good practise and insisted me staying in US untill I get AP Approval.

    If there is no other go, I believe your wife can get H4 stamping and come back, unless she has EAD and want to start working after she comes back (Not sure if that will be an issues).

    http://immigrationvoice.org/forum/forum105-immigrant-visa/930637-advance-parole-expiry-and-travel.html

    Thanks,
    Vishwa.....





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  • Blog Feeds
    03-19 10:40 AM
    U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html) subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.

    The fiscal year cap (numerical limitation on H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master�s degree or higher are exempt from the H-1B cap.

    USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.

    We recommend employers to hurry up and get all the necessary documents in order to meet the April 1, 2010 deadline.

    Read the Press Release here.... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5b29dd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)




    More... (http://www.visalawyerblog.com/2010/03/uscis_to_accept_h1b_petitions.html)



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  • immigrationvoice1
    02-07 04:27 PM
    This requirement has been waived in Nov 2007. Please search Murthy.Com or USCIS.Gov for the memo.





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  • raysaikat
    02-03 10:04 PM
    Hi,

    I just became unemployed (today) but I obtained my GC through employment about 2 years ago. I have some questions:

    I am planning to spend about a week or 2 in Canada, will that cause me any problems when I come back to the US? I will keep job hunting in Canada but for a job in the US as I intend to stay in the US.

    No. If you however plan to be outside US for more than 6 months, then you might need to take some precautions so that your green card is not invalidated.

    Am I entitled to unemployment benefits since I have a GC?

    Yes.

    Will my layoff create any problems for me when I want to become a citizen of the US in about 3 years?

    Thank you so much.

    It will not.

    In general, as a green card holder, you have all rights and all responsibilities (including going to war for US in case the congress institutes draft) of a U.S. citizen, except voting rights. See the welcome letter you received with your green card.



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  • gcdeena
    12-17 12:28 PM
    I-485, EB visa processing time for TSC is showing as Mar 26 2009. is it going to be true or typo?





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  • maverick_joe
    05-12 10:44 AM
    Has anyone renewed their license with success in VA while the H1 extension is pending? Does a letter from the company attorney along with the H1 extension receipt help?





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  • satyasaich
    04-06 04:31 PM
    As far as i know, it is not possible. because your friend's I-140 was approved already, based on which I-485 was applied.
    He can change an employer and shall not be any issue as long as the job description is same.
    That doesn't equate to a situation where an employer can invoke I-140 before it's approval & use the LC for someone else.
    (Note: I'm not an attorney)

    Hi, I have a question.

    1. My colleague crossed 2 years after filing 485. Frustrated with GC processes, he is switching company for better career prospects. He is using his EAD and invoking AC21. Is it possible for me to use his labor? If no, why?





    jsb
    09-13 10:20 AM
    Washington DC has declared Sept 18 as car-free day encouraging commuters to leave car at home. For details see link below:

    http://www.wmata.com/about/met_news/story.cfm?ID=1461

    This suggests that on Tuesday car traffic in DC area may be less than normal, and public parking may be relatively easier to find. Normal daily parking is $12 to $16 within 1/2 mile of Washington Monument (familiar vertical landmark). Never-the-less, if possible, Metro rail is the hassle-free choice.





    sanjay02
    01-12 12:47 PM
    Hi
    What are the implications of REAL ID act with regard to driver's license? I apologize for posting some thing off the subject.

    http://online.wsj.com/article/SB120010979353085903.html?mod=googlenews_wsj



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