garybanz
11-12 02:05 PM
How about Mexico? I saw some notes on tavle.state.gov (Mexico (http://travel.state.gov/travel/cis_pa_tw/cis/cis_970.html)), which says -
"As of May 1, 2010, non-U.S. citizens with valid U.S. visas may enter Mexico with the U.S. visa, and do not have to obtain a Mexican visa. "
"As of May 1, 2010, non-U.S. citizens with valid U.S. visas may enter Mexico with the U.S. visa, and do not have to obtain a Mexican visa. "
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vlad0002
01-25 04:22 PM
Hi all,
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
cool_desi_gc
04-28 08:41 PM
Dude,
http://www.flcdatacenter.com/CasePerm.aspx
There are MS Access database files for each year.Depending on which year your labor is filed, download the Access db.
For eax, mine was Dec 2002.I downlaoded 2002,03,04.My record was found in 2004 database.
If you open the Access db (You need to have MS Access to view these files.If you dont have it, downlaod the free trail version from microsoft.com)
If you open the file, it is the database of all the Labors that are filed in that year.One of the attribute is the Employee name.You can also search on Attorney name.
If I were you, i would first filter on Employee State and then search for the Employee name.
Its simple.Try it and let me know if you need further help.
Good luck
http://www.flcdatacenter.com/CasePerm.aspx
There are MS Access database files for each year.Depending on which year your labor is filed, download the Access db.
For eax, mine was Dec 2002.I downlaoded 2002,03,04.My record was found in 2004 database.
If you open the Access db (You need to have MS Access to view these files.If you dont have it, downlaod the free trail version from microsoft.com)
If you open the file, it is the database of all the Labors that are filed in that year.One of the attribute is the Employee name.You can also search on Attorney name.
If I were you, i would first filter on Employee State and then search for the Employee name.
Its simple.Try it and let me know if you need further help.
Good luck
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bkam
04-13 12:12 PM
The prospective H1 new-comers from India, China etc should be properly informed about the obstacles they would face in the US when applying for permanent residence.
If central Indian newspapers, for example, publish articles describing the current situation of hundreds of thousands of GC applicants, these guys would think twice before coming here and my choose to immigrate elsewhere. As a result the "brain" flow to this country will decrease. And then you will see how quickly will be resolved issues like "backlog", "retrogression" etc.
This would be one of the "negative feedbacks" which, every engineer knows that, keep the system running smoothly.
Another helpful "negative feedback" is the trend of GC applicants stuck in the system moving out of the US. Understandably, most immigrant are reluctant to take this tough step but the trend is here and it grows like a snowball.
So, let's help the Americans to keep their immigration system running smoothly by applying the proper feedbacks :-)
If central Indian newspapers, for example, publish articles describing the current situation of hundreds of thousands of GC applicants, these guys would think twice before coming here and my choose to immigrate elsewhere. As a result the "brain" flow to this country will decrease. And then you will see how quickly will be resolved issues like "backlog", "retrogression" etc.
This would be one of the "negative feedbacks" which, every engineer knows that, keep the system running smoothly.
Another helpful "negative feedback" is the trend of GC applicants stuck in the system moving out of the US. Understandably, most immigrant are reluctant to take this tough step but the trend is here and it grows like a snowball.
So, let's help the Americans to keep their immigration system running smoothly by applying the proper feedbacks :-)
more...
gcnotfiledyet
04-21 01:04 AM
Hey folks,
The proposed bill to give green card to PhDS does not include all the PhDs. PhDs listed as STEM(Science engineering technology majors) are only eligible through this bill in current form. Graduates from pharmacy, medicine, veterinary medicine, animal science are not listed as STEM. I am sure there are many more majors not listed as STEM. I think we should write a letter to congressmen about this anomaly. And I encourage non STEM PhDs to represent their concern so that we can unite and represent our concerns to the congress men. immigrtion service department has listed the subject codes fall under STEM.
You have to browse through the following link to see code for your major. http://nces.ed.gov/pubs2002/cip2000/ciplist.asp.
once you know the code for your major you can go to http://www.ice.gov/sevis/stemlist.htm to check weather your program is listed there as STEM.
good luck
It is very comprehensive list. It covers every field. Graduates of pharmacy, medicine, vet medicine etc are not PhDs. They have to go through special programs to get that degree.
The proposed bill to give green card to PhDS does not include all the PhDs. PhDs listed as STEM(Science engineering technology majors) are only eligible through this bill in current form. Graduates from pharmacy, medicine, veterinary medicine, animal science are not listed as STEM. I am sure there are many more majors not listed as STEM. I think we should write a letter to congressmen about this anomaly. And I encourage non STEM PhDs to represent their concern so that we can unite and represent our concerns to the congress men. immigrtion service department has listed the subject codes fall under STEM.
You have to browse through the following link to see code for your major. http://nces.ed.gov/pubs2002/cip2000/ciplist.asp.
once you know the code for your major you can go to http://www.ice.gov/sevis/stemlist.htm to check weather your program is listed there as STEM.
good luck
It is very comprehensive list. It covers every field. Graduates of pharmacy, medicine, vet medicine etc are not PhDs. They have to go through special programs to get that degree.
rbutler
06-14 07:11 PM
Similar situation...
I am getting married in the 1st week of Sep and am planning to get my spouse by mid Sep.
Can someone please suggest if I am fine, if I apply alone for I-485 around Jul30(and not for EAD and AP??) and add my spouse around sep20th. I-140 approval is pending and have a valid visa till '08.
How long does it take for the I-485 'approval' and is 2-3 months a safe window to add ones spouse?
Any suggestions and help with my planning are greatly appreciated. :)
I am getting married in the 1st week of Sep and am planning to get my spouse by mid Sep.
Can someone please suggest if I am fine, if I apply alone for I-485 around Jul30(and not for EAD and AP??) and add my spouse around sep20th. I-140 approval is pending and have a valid visa till '08.
How long does it take for the I-485 'approval' and is 2-3 months a safe window to add ones spouse?
Any suggestions and help with my planning are greatly appreciated. :)
more...
485Mbe4001
07-09 06:48 PM
see below:
Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -
1. I am a US Citizen living in India?
yes
2. If I am a GC holder living in India?
yes
3. I am neither a US citizen nor a GC holder living in India?
yes
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
Dont bother calculating this because by the time you become 65 SS will not be the same as it is today, it can be bankrupt or the retirement age would increase to 75..80 god knows. I dont think anyone can give you a solid answer to this particular question. the calculator does not include your specific situation
Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -
1. I am a US Citizen living in India?
yes
2. If I am a GC holder living in India?
yes
3. I am neither a US citizen nor a GC holder living in India?
yes
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
Dont bother calculating this because by the time you become 65 SS will not be the same as it is today, it can be bankrupt or the retirement age would increase to 75..80 god knows. I dont think anyone can give you a solid answer to this particular question. the calculator does not include your specific situation
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swo
07-13 05:46 PM
one GC for each family (3 or 4) members, instead of treating as multiple GC's.
say for a family of 4 uscis is treating it as 4 GC instead they can treat this as a single GC. which will make many people eligible for GC
From your Keyboard to the Lord's ears!
Sadly I don't think so :)
say for a family of 4 uscis is treating it as 4 GC instead they can treat this as a single GC. which will make many people eligible for GC
From your Keyboard to the Lord's ears!
Sadly I don't think so :)
more...
go_guy123
05-09 09:59 AM
This is why I said 221G is a good initiative. Even if people have to suffer a little bit, full check is needed for every visa stamping and every green card application.
221g is become a unwritten norm in India, sort of like putting roadblocks. The whole visa system was based on "Honor" system but cheating became rampant. Thus the unfortunate need to use unusual measures like 221g
There was a time when marriage to US citizens for GC was used and abused like anything and some US citizen made it their profession (still happens now but lot lesser). Then in 1986 they added a 2 year wait period for GC permanency for GC based on marriage to USC and whole bunch of penalty rules for abuse. They are talking of introducing this even for Canada now (with conservative majority might happen)
221g is become a unwritten norm in India, sort of like putting roadblocks. The whole visa system was based on "Honor" system but cheating became rampant. Thus the unfortunate need to use unusual measures like 221g
There was a time when marriage to US citizens for GC was used and abused like anything and some US citizen made it their profession (still happens now but lot lesser). Then in 1986 they added a 2 year wait period for GC permanency for GC based on marriage to USC and whole bunch of penalty rules for abuse. They are talking of introducing this even for Canada now (with conservative majority might happen)
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gc_dreamer_485
10-09 12:28 PM
Hi Folks,
I had been to canada to get my Visa stamped for my 7th in March'07. At the time i was entering United States, the immigration officer did not issue the I-94 to the validity of visa since my passport was expiring on Oct 27th 2007. I have a valid visa until April 2010. The I-94 attached to my passport is expiring on Oct 26th 2007. Do i have to renew my I-94 without fail? Or should i just an new I-94 next time i go out of the country and come back?
Thanks,
GC_DREAMER_485
I had been to canada to get my Visa stamped for my 7th in March'07. At the time i was entering United States, the immigration officer did not issue the I-94 to the validity of visa since my passport was expiring on Oct 27th 2007. I have a valid visa until April 2010. The I-94 attached to my passport is expiring on Oct 26th 2007. Do i have to renew my I-94 without fail? Or should i just an new I-94 next time i go out of the country and come back?
Thanks,
GC_DREAMER_485
more...
chintainfogc
08-31 04:04 PM
I am in the same boat, My I-485 was approved on Aug 5th, so far no cards received.
Also, i received SR (which i opened on 8/3) response 2 weeks back "saying my I-485 was approved and my application is waiting for bio-metrics for whichi will receive an ASC appointment later" so far i have not received bio-metrics appointment either.
I guess, i should wait for 30 days and take an info pass or open a SR.
Thanks
chintainfogc
Also, i received SR (which i opened on 8/3) response 2 weeks back "saying my I-485 was approved and my application is waiting for bio-metrics for whichi will receive an ASC appointment later" so far i have not received bio-metrics appointment either.
I guess, i should wait for 30 days and take an info pass or open a SR.
Thanks
chintainfogc
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logiclife
02-05 01:49 PM
Its called a form-letter.
The staff writes those.
They use the same letter and change the name and address of the constituent and copy-paste the generic position on immigration.
That is the reason you are seeing a letter that casts a wide net on immigration issues, like border security, illegals, etc. etc. The staff would send out the same letter to all constituents who are writing for or against immigration or any issue related to immigration.
All lawmakers have staff who repond to communication from constituents and 99% of the time, you get a form-letter response...the one-size-fits-all letter. The audacity of form-letters. ;)
The staff writes those.
They use the same letter and change the name and address of the constituent and copy-paste the generic position on immigration.
That is the reason you are seeing a letter that casts a wide net on immigration issues, like border security, illegals, etc. etc. The staff would send out the same letter to all constituents who are writing for or against immigration or any issue related to immigration.
All lawmakers have staff who repond to communication from constituents and 99% of the time, you get a form-letter response...the one-size-fits-all letter. The audacity of form-letters. ;)
more...
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div_bell_2003
03-05 02:29 PM
I have changed jobs after 180 days of filing my AOS, although it's in the same of similar classification and my attorney from the new company informed me that time that USCIS is generally very liberal with the "same or similar" classification, as long as the job duties don't change totally.
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
-- They may want to file an AC-21 letter ( stating that they have permanently employed you for this position for this salary yada yada yada ... ) and definitely a G28 to change representation on your cases in case of any RFE and other communication by USCIS.
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
-- Yes, albeit to a "same or similar" job.
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
-- USCIS has no business revoking your I-140, it's your previous employer's property which they may revoke at any time ( due to various issues, not necessarily to get back at you )
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
-- Keeping a good relation never hurts, but company A doesn't have to maintain anything for you. Good luck in your search !
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
-- They may want to file an AC-21 letter ( stating that they have permanently employed you for this position for this salary yada yada yada ... ) and definitely a G28 to change representation on your cases in case of any RFE and other communication by USCIS.
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
-- Yes, albeit to a "same or similar" job.
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
-- USCIS has no business revoking your I-140, it's your previous employer's property which they may revoke at any time ( due to various issues, not necessarily to get back at you )
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
-- Keeping a good relation never hurts, but company A doesn't have to maintain anything for you. Good luck in your search !
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unknown123
03-12 02:22 AM
I asked my lawyer same question... and she said you can port from EB3 to EB2 using same labor but employer has to withdraw approved I-140 first and this is really dicey.
Best option is to file new PERM + new I-140 and then port the PD
Best option is to file new PERM + new I-140 and then port the PD
more...
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mhathi
06-16 05:31 PM
just for comparison sakes...do remember that the distance from churchgate to virar (in bombay) is 35 km. http://en.wikipedia.org/wiki/Mumbai_Suburban_Railway.
That is equivalent of approx 22 miles. I doubt there is anybody is bombay that drives 35 km one way on a daily basis. But in the US living 10-20 miles from work is not bad. People in my office drive about 40 miles one way without blinking an eyelid. Some drive even more. Plus the cars that they have in india have smaller engines, smaller capacity thereby better gas mileage.
So for people who say gas is a non issue, think again.
not to mention public tranportation in Bombay compared to majority of US cities, barring handful like San Francisco, Chicago and New York.
That is equivalent of approx 22 miles. I doubt there is anybody is bombay that drives 35 km one way on a daily basis. But in the US living 10-20 miles from work is not bad. People in my office drive about 40 miles one way without blinking an eyelid. Some drive even more. Plus the cars that they have in india have smaller engines, smaller capacity thereby better gas mileage.
So for people who say gas is a non issue, think again.
not to mention public tranportation in Bombay compared to majority of US cities, barring handful like San Francisco, Chicago and New York.
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ps57002
07-21 03:29 PM
up until now i didn't even know i had a birth certificate (from india born at home). When spoke with parents, i do have one...except my name is listed something else and then i was renamed after the astrological etc consulting. No name change etc was registered. What can i do?
1) can i just submit the 2 affadavits from relatives? where can i get a 'non availability of birth certificate...from indian consulate? how difficult/time consuming is it?
2) if I use my BC, what else do i submit? How do i show it's my BC?
Please help
1) can i just submit the 2 affadavits from relatives? where can i get a 'non availability of birth certificate...from indian consulate? how difficult/time consuming is it?
2) if I use my BC, what else do i submit? How do i show it's my BC?
Please help
more...
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kishdam
03-20 09:49 AM
Three High-Skilled Visa Bills Introduced into the House (March 19, 2008)
Increase in H1B numbers etc.....
A person with PhD give special immigration status.etc.....
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5642ih.txt.pdf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5634ih.txt.pdf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf
Thats good (better than nothing) seems like SUSTAIN act is getting some steam http://immigrationvoice.org/forum/showthread.php?t=17946.
Increase in H1B numbers etc.....
A person with PhD give special immigration status.etc.....
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5642ih.txt.pdf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5634ih.txt.pdf
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf
Thats good (better than nothing) seems like SUSTAIN act is getting some steam http://immigrationvoice.org/forum/showthread.php?t=17946.
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gceb1
03-19 04:21 PM
The second bill (HR 5634) says that people with PhD from US universities are cap-exempt from EB. So it means some quota will be freed up from EB1 and also from Eb2-NIW.
Read all the bills. I guess you are bummer !!!!
Read all the bills. I guess you are bummer !!!!
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madhu345
03-27 05:26 PM
Hi All,
Found this on murthy site as well as on shusterman website...is this going to add any extra mile to the things we already doing for a while?
-Madhu
Found this on murthy site as well as on shusterman website...is this going to add any extra mile to the things we already doing for a while?
-Madhu
rockstart
06-30 03:35 PM
Your BE degree will be considered equivalent to guys who have 12 + 4 from India. After all you have a fulltime 16 years education with same degree that 12+ 4 guys have. I think AMIE is getting the flak because its considered part time degree ( I know how difficult it is to manage job & AMIE studies) but that is how USCIS is interpreting it at the moment.
I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
thomachan72
03-01 12:56 PM
Ask your parents (anyone of them) to visit the registrar at the municipal office of your home town. The registrar will issue the birth certificate once your parents submit an affidavit to the office. Hope this helps.
nmdial I dont think the registrar will issue a birth certificate based on affidavit from the parents.
Usually for people who dont have birth registered at birth or hospital records we have to obtain a non-availibility certificate from the local authority. Along with this certificate we submit a notarized affidavit signed by one/both the parents. Now we have learnt that this affidavit has to be signed in the presence of the registrar. Hopefully that should be ok then.
nmdial I dont think the registrar will issue a birth certificate based on affidavit from the parents.
Usually for people who dont have birth registered at birth or hospital records we have to obtain a non-availibility certificate from the local authority. Along with this certificate we submit a notarized affidavit signed by one/both the parents. Now we have learnt that this affidavit has to be signed in the presence of the registrar. Hopefully that should be ok then.
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