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Wednesday, June 8, 2011

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  • morchu
    05-04 04:25 PM
    akelkar,

    Your highlighted sentence is again for "grant the extension".
    We are talking about "invalidation" of a granted extension.

    Those are two different things.

    And NO. the memo doesnt talk about that.

    There is no specific law or interpretation available till today for "invalidation of an already granted extention" based on approved I140, even if the I140 itself gets revoked in future.

    Hi Guys

    Please read before giving your opinions: as per memo not my words:


    USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
    A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
    B. Deny the EB immigrant petition, or
    C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.

    The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.



    See links below for more data
    http://ac21portability.com/modules/wflinks/





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  • smuggymba
    05-12 01:35 PM
    The civil surgeon does everything but you need to pay cash for it. If you have the documentation from your primary care physician, you could ask for a discount, which is what I did. Your insurance pays if you get it done from your PCP.

    So, it always makes sense to get it done via PCP and then take that documentation to the Civil Surgeon. If we get a discount - great; otherwise still ok.

    Does CS do the exactly same tests as PCP?

    How much time does it take to get results from CS?

    How much does CS charge?





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  • logiclife
    03-22 08:02 PM
    Sorry, but the agenda is already set for legislative and administrative goals of IV. Greencards for spouses of greencard holders is a painful problem and we understand that but this site and this org is specifically created and funded for relief to employment based immigration.

    Thanks,
    --Jay.





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  • ashkam
    07-18 02:17 PM
    If Skill Bill passes eventually, won't EB2 be beneficial over EB3.

    I used my EB2 (jan 2006) over EB3 (March 2005)

    SKIL doesnt look at EB2 or EB3, only whether you have a US graduate degree in STEM.



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  • MatsP
    June 14th, 2005, 08:07 AM
    You can use extension tubes for all lenses on either Nikon or Canon cameras (obviously, on a Canon, they need to have Canon mount, and on a Nikon thye need to be Nikon mount).

    Canon (and/or Nikon) may be using some special conversion signalling in the extension tube to inform the camera of the extension tubes existance. The teleconverters from Canon does this, whilst some other teleconverters of non-Canon brand do not. However, I think the extension tubes are much simpler animals, so they're probably just straight through connection of wires.

    On Nikon, really old lenses are able to work with modern cameras, but some of the automatic functions aren't able to work (obvious things like the autofocus doesn't work on non-AF lenses, and you may not be able to use automatic aperture settings, which also may mean that the camera doesn't know the aperture and can't do automatic time selection either... How much functionality is lost depends on the age of the lens).

    Canon on the other hand made a "big changeover", where they obsoleted the old mount and made a complete new, incompatible one when they introduced autofocus some 20 or so years ago.

    --
    Mats





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  • chanduv23
    01-14 05:06 PM
    Hi All,

    I have a question and this is regarding my husband.
    We have filed our 485 and have got our EADs and AP's. Our 180 days will be over by jan end.

    My husband works for Company (A) as a consultant. He is placed at a Client (C) and there is another consulting company (B) in between. Client (C) is a direct client of Company (B). The relationship is like A -> B -> C.

    My husband wants to join the Company (B), and keeps on working for the same client (C).

    Has anyone done something similar to this and can anyone share any legal issue with this. I will really appreciate if someone can guide us more.

    Thanks

    A lot of people want to do this and have done it in past. Depends on the relationship between A and B. B would definitely prefer to have you on rolls because no one likes to deal with additional layers. Look into contract issues and obligations before you make the leap.



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  • gc28262
    04-07 05:55 PM
    psaxena,

    Congrats. Thanks for the tips.

    Like to hear more of your GC dreams :)





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  • irock
    10-10 06:53 PM
    We are also in the same boat. My wife and me finished FP on 10/2. Its already been 9days. No LUD on my case or my wife's case.
    Do I need to worry or This is quite normal?



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  • JupiterTransit
    08-27 06:32 PM
    A friend of mine filed a few days before me and got his EAD a few days ago..from TSC.Hoping the July 2nd rush would not affect me by more than a few weeks.My lawyer is not able to confirm if the checks were cashed. I cannot tell if the checks were cashed either as these were checks from my company.

    The lawyer however mentioned that my premium processing check may return (I-140) and my application may have gone in regular queue. Everything is speculation for now..Any one else in the same boat or can throw more light...





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  • rajpatelemail
    11-05 07:47 PM
    I think - there will be more people in AF Unit this consulate

    As Hyderabad is very popular in those lines.



    more...


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  • glus
    12-29 09:54 AM
    I believe change of status pending works the same way as extension applications when pending - one can continue to stay in the country post I-94 expiration as long as the change of status application has been filed prior to I-94 expiration - so the time spent after I-94 expiration does not count as out of status. Now if the change of status application is denied and the decision comes after I-94 has expired - I believe you have 30 days to leave the country - USCIS would send a notice stating the same as well and in that case one should leave the country as early as possible - within 30 days of such intimation.

    I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.

    Yes, this is correct.





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  • dhirajgrover
    10-16 12:26 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?

    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?

    - Would I get the fingerprinting notice directly or would my employer receive it?

    - What other formalities would be left after (assuming) 485/765 are approved?

    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?



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  • gcchaahiyey
    04-07 03:42 PM
    Hi,

    I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?





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  • immiguy
    07-18 02:16 PM
    Sorry for being Naive. What is the skill bill?



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  • ronhira
    09-14 08:35 AM
    there is no comparision between backlogs and holocaust....

    a sign of a week mind is that he shall see his own life much difficult, believing that all others had it the easy way....





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  • Anders �stberg
    July 18th, 2004, 12:20 PM
    I think I already have for birds. ;)

    :p Well, then I should too.
    :o Please accept my apologies for saturating this forum with my bird pictures.
    :cool: I'm not likely to stop though.
    :( Unless Steve tells me to.
    :confused: Anyone know what the faces mean?
    :rolleyes: This one is particular.
    :)



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  • sumanitha
    12-16 06:53 PM
    Not to question you or something, my understanding is that, you can file a 7th year extn based on I-140 .. Has the rule changed?


    File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.

    Best regards,
    Charles





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  • nb_des
    09-21 11:33 AM
    One more question:

    When we create a application can we add any member with in the same group. My friend and myself are planning to visit India during the same time. We both are in 8th year extension and work for different companies. Both of us have to get VISA stamped. Can we create in the same application(ofcourse we need to create new application for each one after you create for one person) so that when we want to change dates like prepone or postpone it will be easy for us to modify the appointment date in one click. As dates keep changing every day/hour it will be easy for any one of us to monitor the available dates and change. We can change the dates only once and if we want do it again we need to cancel the appt and create a new one.
    I dont think you can do that.





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  • gcpain
    05-20 03:59 PM
    1. If ur attorney is an AILA member, Check ur status through AILA
    - My attorney sumited request today. Same time will there be any reference number for this request to ask my attorney? Do you guys know how much long time it takes to get status?

    2. Call the USCIS customer service and submit an SR request
    - What is USCIS customer service number? what SR request I have to submit? Please elerobate little more.


    All you Immigration gurus, please advice. Thanks in advace fot you all.





    gunabcd
    06-21 02:55 PM
    For my canada GC i calibrated my camera, took pictures of 3 of us with my 3 mega-pixel camera, and printed at walmart on 4x6 then cut 27 X 27mm, and it worked, i have canada GC. just make sure front face, white b/g, enough brightness. i would not risk it for my US GC though.





    abhay
    01-19 09:40 PM
    Hi All

    Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
    "On May 18, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."

    My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+

    "Status of this service request is:

    The TSC has not received your response as of to date.

    XM271"

    I panicked and wrote an email to my lawyer and he said that
    They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."

    I am going to contact my employer and express my concerns and see what they can do.

    My questions are
    Does the online status never get updated sometimes?
    Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
    Any suggestion for me how to proceed with this?
    How do I get the online status changed?

    Thanks for all your help.

    Regards
    Abhay



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