Tuesday, June 7, 2011

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  • ArkBird
    11-27 12:39 PM
    I think labor substitution is no longer allowed.




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  • lp2007
    11-01 05:31 PM
    I think she should not have any problem with her future visits.

    My mother visits every year and spends 6 months with us since the last 6 yrs and never had an issue. She extended her stay one time.

    One of my friends mother was given a 3 month stamp one yr during b'coz she had extended her previous visit and stayed 3 months already in the same year. So the officer told her she could only stay for 6 months in any given yr, but later she extended and stayed longer and has visited US 2 times after that without any issues.

    USCIS takes between 6 weeks to <nn> weeks to process the request.

    One important thing you want to take care is, U need to send original i-94 card while requesting extension of stay and when u leave i-94 has to be returned at the airport. If your mom-in-law leaves before the application is approved, you want to be sure to save the extention documnets and mail the i-94 card back. And make sure to carry the extension approvals next time she travels so there is no confusion about unauthorized over stay. This happened with my mom. We received her approval after she had already left. So I mailed her approval to her prior to her next visit and she was fine.

    I hope this helps.




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  • Ann Ruben
    06-25 10:51 AM
    Unfortunately, there are no good solutions to this problem. Humanitarian Parole is possible, but not likely except in extreme cases such as where there is a serious or life threatening illness. You should consider consulting an immigration attorney with expertise in such matters to to determine what if any chance there is for Humanitarian Parole given your family's particular circumstances.

    Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.




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  • dhesha
    08-29 06:41 PM
    what is the date shown on the online status message?
    Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?

    Does the processing time on website go via RD or ND?

    I called USCIS today and they said they are using the receipt date on I797 and not on the website. Yes that is right on website they show ND and say receipt date..its all messed up, but as per totay's call, it seems 797 RD is what they are using.



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  • admin
    05-21 10:46 PM
    eb3india,

    Have you done any kind of research into the two questions that you have raised namely the 245(i) problem and the nurse categories. Please do it and you will find how they came into picture.

    A sincere request to all our members. Before demanding a response from the core group, we hope you do more research on your flash thoughts. All the core group members have a full time job and are doing this in our free time apart from work and family. Given that it is crunch time in the Senate, we really don't have the time now to respond to all queries.




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  • mnq1979
    06-26 03:32 PM
    What did u provid as of now?? If can obtain bc u can produce it. If u do not have one then ceritificate of non-availability. Besides this u need to produce secendary evidences such as school, medical and religious documents or affidavits which mentions both your parents and your full names. That is what I did. In anycase, you will be given instructions on the rfe what to respond to the rfe. Good luck.

    I jsut spoke to my mom and she confirmed that she has my BC in diffrent language and will get it translated. So i think i m good from that part.

    But my wife BC is not available. I have asked my father in law and he said he will ask some one to get. It is possible but will take a little time.

    My question is since her BC will be made NOW do i need any other proof with her BC?



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  • dealsnet
    10-09 04:40 PM
    You want to take him to India permanent ?
    Any family problem?
    He can stay here upto his i-94 legally, or if you cancel your visa and inform USCIS, they will cancel his visa. Even then, if he want to syay here, he can be in F1 visa or find a job and stay in H1B.

    Hi,
    Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.

    Thank you!

    Kav




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  • leo2606
    12-22 12:56 PM
    now I got it, 'sweet23guyin'
    Please contribute to IV.



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  • gc_mania_03
    10-01 11:14 AM
    Add me in..




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  • ujjvalkoul
    06-25 06:35 PM
    It Has To Be A Desi Man!!



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  • StuckInTheMuck
    07-11 06:26 PM
    Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
    Thanks
    It was in Jacksonville (FL). When I was called inside for EAD FP, I gave the lady (who was taking the FP) a copy of my I485 receipt notice, and told her that I still haven't got FP notice for that, even after 11 months (I am a July 2 filer). She briefly talked to her superior (it seemed they are well aware of this issue), took the code-3 (combining code-2 for EAD and code-1 for I485) biometrics for me and my wife, and stamped on both our original EAD notice and the I485 receipt copy. She also told me to ignore the separate I485 FP notice that will be mailed to me (apparently the machine generates this notice automatically when my file is accessed, but haven't got it yet).




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  • satya1234
    03-29 01:05 PM
    Thanks for the reply. Yes H1 extension has been applied before I94 expires.
    But by the time H1 transfer applies, I94 got expired.
    Please let me know if you need any futher information.



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  • kaisersose
    04-28 04:22 PM
    Hello,

    I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.

    This is how I see it.

    What you should really consider is to see if there are possible reasons for your spouse's 485 to get rejected.

    If you cannot find any, then simply switch to EAD.




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  • gcpain
    03-28 01:30 PM
    Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.



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  • joydiptac
    03-17 02:31 PM
    I had a friend who was in the same situation as you. Being a nice guy, he waited till they got GC. Then divorced.
    Poor fellow then remarried to a Desi girl after being pressurized by parents on a trip to India.
    He soon realized that he had no hope of being able to get her here anytime soon. He tried to get her on a H1. That did not work out I don't know the exact detail how that got rejected(she is also an engineer). He then got really creative he brought her to Canada then worked the week in US and spent the weekend in Canada. After doing this for some time the Canadian Authorities figured it out and cancelled his Canadian work visa. Long story short, now he stays 6 months in US the other 6 in India with his wife. He has applied for GC for her. Unless President Obama does something he will keep living half life for a long time.

    So the point is, if you are decided then waiting might increase your pain in the long run... On the other hand if you are not so sure, then give yourself some time and see if the issues that you may be having sort out. It is sometimes worth going to a marriage counsellor when you weigh in the loss that you both are about to incur, not to mention the mental trauma. All the best buddy.

    B'Informed... B'Entertained...B'Khush
    www.bkhush.com




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  • life99f
    06-18 11:25 PM
    Part 2 application type
    I use EB3 , which one should I check? a ?
    my wife file with me, which one should she check? b?

    part 3 processing information
    were you inspected by a US immigration officer? yes or no

    what does the "inspected" mean?



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  • abandookwala63
    03-31 07:41 PM
    I am going to trnafer my H1 visa from company A to Combany B. I have EAD but my lawyer suggested me to have a backup of H1 visa. I am ith 8th year of H1 visa with the same company A. If my H1 gets denies can I go on EAD or i will be out of status.




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  • anurakt
    01-03 11:12 AM
    I think we should give an option for more than $100 too i.e. a blank field with a validation that it cannot be less than 20$. Also instructions should be given on how to cancel the monthly subscription. Also it should be agreed by the patrcipant that he won't ask for money back and in case he does that we should be putting rules around it such as administrative fees. This would make sure that the fees IV pays to paypal for transactions is taken care of.

    My suggestions , doesn' mean that these needs to be implemented , also all those who sign of monthly with proven monthly of minimun 50$ should only be allowed to get into members only forum threads etc etc...again $50 is an example....




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  • raj7480
    09-18 04:42 PM
    I would recommend not to worry about that and make the move. Non compete in general is not easy to enforce through a court. Particularly if it stops you from earning your livelihood. If you live in CA, it not valid. Many states have different laws and most of the court decision favor employees.

    Since you H1B was denied, Company A cannot prove any loss of business to them because of your move.




    meyshimmi
    02-09 11:07 PM
    Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

    So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

    Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)




    deba
    12-10 12:40 PM
    I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP. I-140 approved long time back in '06. So, I will be meeting the 180 day rule and I-140 approved criteria in jan/08.
    My H1 expires in 12/08. In case I transfer my H1 to a new co. sometime next year, will I have to restart my GC process again? or will AC-21 kick in and the process will continue as is with me just waiting for GC and PD becoming current etc. Thanks



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