kaisersose
05-13 05:14 PM
I am the primary applicant. I am planning to get married in next 1 year or so with a girl from India. If I get my GC then she will fall under family based which will take years for her to come here. I do not mind moving back if that happens.
Since I have valid H1 can I do something,
There is no reason for you to pull out your 485. Get your divorce expedited and get married quickly and you should be OK as EB3 India is not really moving forward unless there is a visa recapture or something like that.
Your spouse will of course lose her 485 and will have to start afresh. But I assume she already knows this and is OK with that.
Since I have valid H1 can I do something,
There is no reason for you to pull out your 485. Get your divorce expedited and get married quickly and you should be OK as EB3 India is not really moving forward unless there is a visa recapture or something like that.
Your spouse will of course lose her 485 and will have to start afresh. But I assume she already knows this and is OK with that.
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h1vegas
06-01 11:22 AM
Voted yes
NYC001
03-16 12:32 PM
http://abclocal.go.com/kgo/story?section=politics&id=3998727&ft=print
2011 you hit the nail
Saburi
02-12 04:24 PM
I will like to ask your brain if this could be a problem as i did my H1 B Transfer twice before appling for my I 485 and everything went sucessful my GC sponsering Company is not in good terms they might have even revoke my I 140.
Is there any way to find out if my I 140 was revoked.
I applied my I 485 and EAD in July last year my H 1 B was transfered in March Last year i got my EAD's and Finger printing is also done.
But my PD is Dec 2001 so i have already crossed 180 Days and now have the right to use AC21, do i have to file any particular letter for this.
Can you guys please advice i will really appriciate your help.
Is there any way to find out if my I 140 was revoked.
I applied my I 485 and EAD in July last year my H 1 B was transfered in March Last year i got my EAD's and Finger printing is also done.
But my PD is Dec 2001 so i have already crossed 180 Days and now have the right to use AC21, do i have to file any particular letter for this.
Can you guys please advice i will really appriciate your help.
more...
eb3retro
01-13 03:40 PM
u know what, gcseeker2002 is correct to the dot. we do not need a transit visa while coming thru germany in lufthansa. no one even mentions that word. i called and emailed the german consulate b4 i flew out of US, all people including german consulate, travel agent (2 of them),, mentioned that i require it and still i travelled back without it. no one mentioned that word. trust me guys, u wont require it, i just came 10 days ago just with AP.
NOTE : I also recd such emails from German consulate.
Hey gcseeker2002, after 300+ postings also how can you post such a thing.
This is new rule implemented and by thinking you as senior if someone goes and faces problem will you be responsible. So please don't do this boss.
To All Who believe no need to have valid VISA while going back to India or their country.
This is email got from German Consulate at Washington DC to my collegue.
German Cosulate Rep at DC: You wrote that your visa for the United States already expired in September 2010. Therefore you do not fall under Exception Nr. 2. This exception is meant for persons travelling to the US holding a valid US-visa (e.g. a visitors visa with one entry) on their way travelling to the US (Exception 1) and travelling back to their home country during the validity dates of this same visa, but already having used it for entering the US (Exception2) . I hope this clarifies your additional question. I suggest that you apply for an Airport Transit Visa as soon as possible to avoid any problems when travelling back to India via Frankfurt airport.
NOTE : I also recd such emails from German consulate.
Hey gcseeker2002, after 300+ postings also how can you post such a thing.
This is new rule implemented and by thinking you as senior if someone goes and faces problem will you be responsible. So please don't do this boss.
To All Who believe no need to have valid VISA while going back to India or their country.
This is email got from German Consulate at Washington DC to my collegue.
German Cosulate Rep at DC: You wrote that your visa for the United States already expired in September 2010. Therefore you do not fall under Exception Nr. 2. This exception is meant for persons travelling to the US holding a valid US-visa (e.g. a visitors visa with one entry) on their way travelling to the US (Exception 1) and travelling back to their home country during the validity dates of this same visa, but already having used it for entering the US (Exception2) . I hope this clarifies your additional question. I suggest that you apply for an Airport Transit Visa as soon as possible to avoid any problems when travelling back to India via Frankfurt airport.
nozerd
12-28 08:16 PM
Does anyone know why USCIS has not released any processing dates in December. The last posting (at least for TSC) says that it was released on Nov 18th and dates are as of Sep 30th.
Is USCIS just going to skip December and consider a full month of holidays ?
Is USCIS just going to skip December and consider a full month of holidays ?
more...
map_boiler
08-08 10:12 AM
...as some other folks here have suggested would be to get F1 first, and then get married. Will need to move on the F1 quickly (since it is already August), especially if she needs to do TOEFL/GRE/GMAT. Might also need to postpone wedding by a few weeks. This seems like the best option.
Congrats, and all the best!
Congrats, and all the best!
2010 nail it on the head.
santa123
12-01 07:39 PM
Thanks Santa for your reply.
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
more...
ronhira
07-08 12:44 PM
No. I am not anti-immigrant. I am anti-illegal immigrant.
Some people die at twenty five and aren't buried until they are seventy five.
Some people die at twenty five and aren't buried until they are seventy five.
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kaisersose
08-24 10:45 AM
Ok..., but can you tell me how they are approving cses for PD EB3'2003 or Any EB3 cases daily, when EB3 is 'U', do you have answer for this.
Since ther is plenty of approval going on everyday.
They are not following any PD for the last 3-months approval, I don't believe any rule they have.Now they are already under pressure , and the pressure started already.They have to clean up.I don't think they will wait untill next year June, since Election is on Sept'2008.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
Edit/Delete Message
These approvals happened weeks ago when PDs were current. These cases were already processed and were only awaiting visa numbers. Assigning visa numbers is a trivial task.
The harder task of updating records and generating paper work takes time and that is why you see approvals coming out daily. USCIS cannot even generate receipts in a timely manner - why would they be any quicker on paperwork for GC approvals?
Since ther is plenty of approval going on everyday.
They are not following any PD for the last 3-months approval, I don't believe any rule they have.Now they are already under pressure , and the pressure started already.They have to clean up.I don't think they will wait untill next year June, since Election is on Sept'2008.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
Edit/Delete Message
These approvals happened weeks ago when PDs were current. These cases were already processed and were only awaiting visa numbers. Assigning visa numbers is a trivial task.
The harder task of updating records and generating paper work takes time and that is why you see approvals coming out daily. USCIS cannot even generate receipts in a timely manner - why would they be any quicker on paperwork for GC approvals?
more...
Gowtham Nalluri
07-04 06:35 PM
Lawyer - 2750
Medical - 750
FedEx - 20
Gas - 50
Photos - 30
Copies - 50
BirthCertificate - 100
-------
Total - 3750
-------
++++ Mental Tension
Medical - 750
FedEx - 20
Gas - 50
Photos - 30
Copies - 50
BirthCertificate - 100
-------
Total - 3750
-------
++++ Mental Tension
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sunny1000
07-13 11:38 PM
Congrats and good wishes! Thank you for your support to IV. Appreciate it.
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GCaspirations
10-02 01:05 PM
My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.
Could you tell us when was your case transferred to TSC and when did you recieve the FP notice.
My I140 is approved by TSC but still it went back to NSC.
Could you tell us when was your case transferred to TSC and when did you recieve the FP notice.
My I140 is approved by TSC but still it went back to NSC.
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Canadian_Dream
12-20 01:24 PM
This MEMO also talks about length of stay beyond 6 years. There has been a lot of controversy involving changing job after 3 years H1B extension based on approved I-140. This memo seems to clarify that a little, but it is still not clear enough about implication of revoked I-140 on the approved H1B.
See Section 5, Page 7
Burden of proof rests with petitioner and alien to establish his or her eligibility....
I hope some lawyer or USCIS can clarify this once and for all. There are already so many thereads on this, that I don't want to start another one.
See Section 5, Page 7
Burden of proof rests with petitioner and alien to establish his or her eligibility....
I hope some lawyer or USCIS can clarify this once and for all. There are already so many thereads on this, that I don't want to start another one.
more...
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mpadapa
02-11 09:23 AM
DOS recently released the visa usage statistics for FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf). For once USCIS managed to use up all the visas allocated for the year. Kudos to USCIS :D But it comes with a price for EB folks. For the past few years, forward movement of PD during the last months of the FY has been propelled due to the spillover of unused FB visa's from prior year. Remember last year almost 23k FB visas got spilled over to the EB limit and caused significant forward movement of PD's for EB2 I/C. Unfortunately in 2008 USCIS used up all of the FB visa's, hence there will be no visa's to spillover:mad: I had consolidated the visa usages in the past few years, Here is a link to the document (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en). The document has hyper link to the source for all the data.
If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.
If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.
Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.
Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.
If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.
If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.
Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.
Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.
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hiralal
06-18 08:24 PM
the best way to get more support is to be more inclusive .... what I mean is 1) either we have a parallel campaign for those who are on EAD's only 2) add EAD issue to this campaign too.
------------ on a side note, I wonder what the effect would be if we were to have a campaign saying that we may end up walking away from our homes (jingle keys) because of visa delays / denials ??
btw ..it is still not late to link immigration delays to housing ..see the latest article below from Reuters
... by demand it means new buyers and immigrants are big part of that !!
------------
Housing Sales Lackluster This Spring: Coldwell
This year's peak home-buying season was lackluster, as buyers seeking to trade up to larger houses were absent, said the head of one of the country's largest real estate firms.
Jim Gillespie, president and chief executive of Coldwell Banker Real Estate, in an interview with Reuters, said sales were only modest during the spring, with demand overwhelmingly dominated by first-time home buyers and investors.
AP
"The more important 'move-up' buyers were absent and that is not encouraging," said Gillespie, who is based in Parsippany, New Jersey.
Move-up buyers are those seeking to trade in their current home for a larger one, and Gillespie said that group is important for sustaining a healthy real estate market.
Because of the sharp decline in housing prices and the collapse in consumer demand, homeowners are having difficulty selling their current homes to move up to pricier properties.
"They are key to a U.S. housing market recovery," he said. Gillespie said some of this lack of demand could be alleviated through more incentives. He recently met with U.S.
Congressional leaders to discuss housing, and said he supports a bill currently in the Senate calling for a $15,000 tax credit for all buyers of primary residences, with no income limit, for a period of 12 months.
The current $8,000 tax credit, first passed in February as part of a $787 billion fiscal stimulus plan, is limited to first-time home buyers and expires at the end of November. The proposed plan would expand eligibility to all home buyers and increase the credit to $15,000.
The U.S. housing market is in the midst of its worst downturn since the Great Depression. Home prices have been falling since peaking in the second quarter of 2006, and the Obama Administration has tried various measures to restore that market through tax benefits and temporary halts to foreclosures.
"Congress is focusing on the foreclosure problem, which is a good thing, but they need to focus more on the demand side," he said. Gillespie said market realities have come to bear as well.
"Many people got spoiled by mortgage rates at 5 percent and below," he said. "When the mortgage rate rose above 5 percent, it spooked many buyers who were already hesitant," he said.
------------ on a side note, I wonder what the effect would be if we were to have a campaign saying that we may end up walking away from our homes (jingle keys) because of visa delays / denials ??
btw ..it is still not late to link immigration delays to housing ..see the latest article below from Reuters
... by demand it means new buyers and immigrants are big part of that !!
------------
Housing Sales Lackluster This Spring: Coldwell
This year's peak home-buying season was lackluster, as buyers seeking to trade up to larger houses were absent, said the head of one of the country's largest real estate firms.
Jim Gillespie, president and chief executive of Coldwell Banker Real Estate, in an interview with Reuters, said sales were only modest during the spring, with demand overwhelmingly dominated by first-time home buyers and investors.
AP
"The more important 'move-up' buyers were absent and that is not encouraging," said Gillespie, who is based in Parsippany, New Jersey.
Move-up buyers are those seeking to trade in their current home for a larger one, and Gillespie said that group is important for sustaining a healthy real estate market.
Because of the sharp decline in housing prices and the collapse in consumer demand, homeowners are having difficulty selling their current homes to move up to pricier properties.
"They are key to a U.S. housing market recovery," he said. Gillespie said some of this lack of demand could be alleviated through more incentives. He recently met with U.S.
Congressional leaders to discuss housing, and said he supports a bill currently in the Senate calling for a $15,000 tax credit for all buyers of primary residences, with no income limit, for a period of 12 months.
The current $8,000 tax credit, first passed in February as part of a $787 billion fiscal stimulus plan, is limited to first-time home buyers and expires at the end of November. The proposed plan would expand eligibility to all home buyers and increase the credit to $15,000.
The U.S. housing market is in the midst of its worst downturn since the Great Depression. Home prices have been falling since peaking in the second quarter of 2006, and the Obama Administration has tried various measures to restore that market through tax benefits and temporary halts to foreclosures.
"Congress is focusing on the foreclosure problem, which is a good thing, but they need to focus more on the demand side," he said. Gillespie said market realities have come to bear as well.
"Many people got spoiled by mortgage rates at 5 percent and below," he said. "When the mortgage rate rose above 5 percent, it spooked many buyers who were already hesitant," he said.
more...
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chanduv23
05-13 12:01 PM
Folks - here is what you all do.
Please contact the Ombudsman's office. Fill out the form 7001 and explain the issue in detail and attach copies of your MTR submissions, notices etc....
Contact your Senators - go to their websites and look for constituent services and follow what is there on their website.
Contact your Congresman - usually congressman's office will give more personal attention. I recommend that you personally go to COngressman's office and talk to the immigration expert there. They will help.
Also, please feel free to contact IV with the issue. You can sed me an email and I will forward it to IV core to see what can be done.
Please contact the Ombudsman's office. Fill out the form 7001 and explain the issue in detail and attach copies of your MTR submissions, notices etc....
Contact your Senators - go to their websites and look for constituent services and follow what is there on their website.
Contact your Congresman - usually congressman's office will give more personal attention. I recommend that you personally go to COngressman's office and talk to the immigration expert there. They will help.
Also, please feel free to contact IV with the issue. You can sed me an email and I will forward it to IV core to see what can be done.
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sparky_jones
02-20 11:41 PM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
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ponnuswamyp
10-19 01:22 PM
eFiled on 07/28 at NSC
Soft LUD on 08/30 after sending support docs.
No Approval yet.
Status changed today - Card/ Document Production
Soft LUD on 08/30 after sending support docs.
No Approval yet.
Status changed today - Card/ Document Production
NKR
02-12 09:42 AM
I think we need to have a thread to report the name of such companies...
gjoe
08-24 10:30 AM
I see everyone firing at each other (junior members, members, senior members, moderators and super administrators).
Here are my two cents to keep yourself calm, composed and dignified
1) Empathy will win friends and support
2) Sympathy you will have only when someone is humble and meek
3) If you lack both the society will ignore you
PS: In a fight the weak always get support, the big and strong are on their own. if they lose no one to cheer them up nor comforts.
Ladies and Gentlemen, you are the only one who can make your choice.
Here are my two cents to keep yourself calm, composed and dignified
1) Empathy will win friends and support
2) Sympathy you will have only when someone is humble and meek
3) If you lack both the society will ignore you
PS: In a fight the weak always get support, the big and strong are on their own. if they lose no one to cheer them up nor comforts.
Ladies and Gentlemen, you are the only one who can make your choice.
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