Saturday, June 11, 2011

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  • makino_a55
    01-29 08:24 PM
    From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months;



    what does it mean to us ???
    does it mean PD will move ahead and move back , once the 245(i) cases are out of the back log centers ??

    Or does he think that PD will move beyond 22nd April 2001

    Any thoughts ????




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  • upuaut
    09-20 03:02 AM
    Oh, and i wish i had buy it! A friend of mine told me about it and made a copy for me for testing. (not pretty legal, i know, but if i like the soft i finally buy it. I only need to check it in advance, because my salary is not that big to buy just for checking. Sure you know what i mean

    ditto. Screw em if they don't like it. I know if I don't like the program, it goes right off my machine and probebly wont ever be tested again. :)

    I do think that painter has many features that photoshop doesn't, but out of the two, Photoshop is probebly a lot more useful. If you want to draw though, and you want to gain a real sense of texture which is the same as the none virtual medium, then Painter is the only way to go. That is to say.. if you want your cartoon to look like it's drawn in crayon.. Photoshop just wont cut it.

    Edwin is really the one to ask about this. He's a very experienced Photoshop user and also has Painter6.0.

    I will take a look around for books.. but like you and I have already said.. pickins are scarce.




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  • vin13
    06-02 04:06 PM
    it is good if you can save some money. Make sure the print quality is good and meets the specifications.

    We had our passport photos taken from Walgreens to file for AP. USCIS sent me an RFE requesting photos. I was not sure what was wrong the first time. I got the next set of photos done from the postoffice.

    We did not take any shortcuts but still got an RFE for photos.

    All i am saying is make sure you have good quality photos that meet the specs when you try doing it yourself.




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  • manand24
    08-11 01:10 PM
    Pd April 2006
    Rd 07/02/2007 (nsc)
    I-140 approved 10/2006



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  • Sandeep
    02-01 05:19 PM
    Enabling The World's Most Talented Individuals To Put Their Skills To Work For America Will Increase Our Productivity, Improve Our International Competitiveness, And Create Many High-Paying Jobs For Americans. The President supports (http://www.whitehouse.gov/news/releases/2006/01/20060131-5.html) attracting and retaining the best and the brightest high-skilled workers from around the world by reforming the Nation's immigration system, while maintaining national security priorities. The President's comprehensive plan for immigration reform meets the needs of a growing economy, allows workers to provide for their families while respecting the law, and enhances homeland security by relieving pressure on the borders




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  • jackisback
    05-04 12:08 PM
    Should this not come from USCIS rather than coming from AILA? I would think this should be a press release or "news" on the USCIS website if they are starting this pilot.

    Are we supposed to be worried about sending this email since someone has got access to the AILA letter and posted it here in IV?

    This should be coming from USCIS or the attorney's offices...



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  • desi3933
    06-15 11:51 AM
    If Birth Certificate issue by Indian consulate then it should be ok, as it is from consulate

    No, the birth certificate (issued by Indian Consulate) is not acceptable as this is based on the entry made in passport, not on the basis of registered date of birth.

    You need birth certificate issued by municipality of the district. If it is not in English, then it has to be translated in English and notorized for true translation.

    Good Luck.


    ___________________
    Not a legal advice.




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  • whitecollarslave
    02-26 01:50 PM
    Guys, Sorry for my ignorance but
    I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written

    An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.

    I have my I140 approved through a american company and my h1b is getting expired in june 09.

    According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.

    Might be some one can explain what is exactly means.

    Thanks in advance!!!!



    https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==

    Ok, so the above says that you can get a "immigrant visa" based on approved 140 (for your case). In order to get that "immigrant visa" that will allow you to work "indefinitely", you need to actually apply for the the "visa". Based on your 140, you can apply for this "immigrant visa" in two ways. If you are outside of the country, do what is called "consular processing" where you apply for a immigrant visa at a US consulate in a different country. If you are already (legally) in the US, you apply for what is called adjustment of status. The problem is that these "immigrant visas" based on 140 are in short supply compared to demand. Join the queue.

    ... so whats your confusion?



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  • rajuram
    02-20 10:12 PM
    Very Very Far.

    Also how far are we from this CIR or SKIL bill being passed ?any thoughts




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  • theoyilma
    09-10 03:03 PM
    Thanks dummgelauft

    My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
    H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.

    What a relief !!!

    Thank you so much again !!!!

    Theo



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  • justAnotherFile
    07-17 08:12 PM
    Thank you Emilio, for admitting the shortcomings and correcting the wrong.




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  • kawosa
    08-07 09:27 AM
    Its been out for month.. I am not sure what your point is!



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  • bluez25
    08-23 03:48 PM
    I really appreciate Pappu and this is why I like IV a lot... Staying focused.. I wish I could come to the rally but due to lot of personal reasons I will not be able to attend. ..... and coming back to the focus point of this thread....

    Guys please stay on top of your case and make sure your's is not one of the case sitting in the dead box..... The actual message from the other thread just to avoid the jump....

    From a user expected from other forum
    ---------------------------------------

    Finally it's my turn - a Sunday phone call changed it all...
    ...yeah...yeah...yeah...
    ...etc...etc...etc...

    ...after hearing lots of crap for 6 years, finally I also got my approval on 8/21...no, no, no...it's not over for me...they wouldn't let that happen so easily... they approved mine...but they didn't approve my wife's....so, I am still waiting....just half way through....

    here is some snapshots my long story....

    EB3, India

    Labor PD: 10/18/2001 [ my own labor, NOT A SUBSTITUTE ]
    I140 / 485 ND: 11/13/2003
    I140 AD: 04/2004
    FP1: 12/2004
    stuck in Namecheck till 6/2006
    Xfer VSC to TSC: 3/2/07
    FP2: 5/9/07

    Status of case since then:

    6/4/07: All ready for approval, waiting in queue
    6/5/07: Assigned to an officer
    6/27/07: Officer on leave, reassigned to another officer
    8/6/07: Case waiting to be assigned to an officer ??? wtf ???
    8/13 - 8/17: Contacted everyone mentioned in this board, this isn't my first time...just the n-th time....

    8/19 - Sunday 5:56pm - actually this is the MOST important event. So, I shall never forget the time. I received a call in my home phone from extn. 1202. The gentleman with a 50sh voice, identified himself as an officer from USCIS. He mentioned that he is aware my case is stuck and wanted to know all details that I have been complaining about. After hearing everything from me and my wife, he looked into some stuff in his system. He particularly looked in details to whom my cases was assigned to....finally he apologised and told me, probably my case was assigned to AN OFFICER WHO IS NO MORE WITH USCIS FOR SOMETIME...phone call for around 48 minutes...
    he apologized again and told me that he would inform Texas Center that there are cases assigned to this person who is not with USCIS anymore...

    8/21 - 8:01 am - I got only one mail from CRIS "Approval Notice Sent for I485"
    ...don't know when I would get the "Card Production Ordered" and "Welcome" mails

    Well guys, did you notice the flurry of approval today?...mostly old cases....does that have anything with my Sunday's phone call?.....I am guessing so...

    My wife's cases didn't get approved since it is with another officer...hope to get that one soon...

    All the best to everyone in this forum....I hope lot's of more approvals to come in September....
    __________________
    EB3 India
    PD: 10/2001
    I-140/485 - ND - 11/2003
    I-140 AD - 6/2004
    I-485 - Transferred VSC to TSC - 3/2/07
    FP1 - 12/24/04
    FP2 - 5/9/07
    6/5/07 - Case assigned to an officer
    6/27/07 - Officer on leave, case reassigned to Another officer
    5th EAD AD - 7/26/07
    SR raised on - 6/11/07
    Reply on 7/26/07 - Complications lead to additional Reveiw - 6 months
    I-485 - AD: Never




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  • meridiani.planum
    02-29 12:09 PM
    If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.

    correct. Ability-to-pay is one of the 2 major causes of I-140 denials (education qualification typically being the other where you have a 3 year degree and your LC said 4).

    If your employer is in good financial state you should be ok, if not, you might get a denial., so start preparing right now. Stay on H1, dont use EAD, just to be on the safe side... If you get a denial appeal immediately, and start another LC from another employer. Hope htat your appeal goes through (many people have successfully appeal ability-to-pay based denials)



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  • coolmanasip
    08-16 08:06 PM
    Kondur - First, thanks for your reply. Its all volunteer time here and I appreciate your time to help me out.

    The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....

    I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.

    Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.

    I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.

    Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....

    sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time




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  • wandmaker
    08-10 07:43 AM
    I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
    In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
    Please advise me urgently on this matter
    :(

    If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.

    Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.



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  • nikh
    11-30 03:58 PM
    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.

    You are right, there are thousands of people who are waiting to file as soon as PD becomes current. But, those new fileres wont compete immediately (or for current fiscal year) becoz they had to go through the standard processing times before approval (document verification, name check, finger printing etc). By the time they are peadjudicated, it is likely that fiscal year 2011 will be ended.

    My point is there are enough visas available (40040 for fiscal year 2011) for the preadjudicated filers plus the filers who are close to preadjudication (total of 33850). SO, USCIS has to move dates drastically at least 6 months prior to end of fiscal year 2011 in order to help those who are waiting to file in EB2 category. If that does not happen visas will be either wasted or made available for EB3 filers.




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  • krish_krish
    01-05 12:27 PM
    Folks
    Is anyone has done adjustment of status from B2 to H1.

    My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.

    Thanks




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  • chaks7
    12-07 03:19 PM
    For filing 485 you need the PD to be current. For Consular Processing (CP), dates need not be current. You indicate that you want your application to be processed with CP option and the Consulate (in this case, Consulate in India) will schedule the interview when you are dates are current. You can check with a lawyer how you can abandon 485 and switch to CP. But make sure you are knowledgeable with the necessary facts/information as CP can be a long wait if you are in EB3-I category. You may lose the benefits of 485 when July 2007 fiasco happened where you were able to file 485 and the dates retrogressed and meanwhile you can still enjoy EAD and AP for travelling. This option will not be there if you choose CP.




    Blog Feeds
    04-26 11:20 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





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    sbay2006
    06-29 10:49 AM
    When I went on a vacation to India, I had a valid H1B visa stamp that was valid for 30 more days. I also had an approved petition for extension.

    I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).

    Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.

    Have a safe trip..



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