ganguteli
03-22 01:13 AM
Your experience in current job may not add up as experience.
But do not go by that. What is the requirement of the job for which labor will be filed?
But do not go by that. What is the requirement of the job for which labor will be filed?
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ameryki
08-12 12:34 PM
Efiled for my wife May 17th to NSC got LIN number. No update so far. Next week will be 90 days.
mhtanim
11-12 03:16 PM
http://mexico.usembassy.gov/eng/evisas_third_country.html
I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.
I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.
I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.
I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.
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sapking
10-11 01:38 PM
Check with immigration attorney..S/he is your best source for advice/guidance.
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amitga
04-15 02:54 PM
There are mainly three things that happen after FP
Wait
More Wait
Endless Wait
Wait
More Wait
Endless Wait
dummgelauft
11-11 12:02 PM
hey all i can't find where to post a new thread so hopefully I can hijack this quick.
I called the USCIS number for info but can't speak to an operator.
My wife is planning on traveling to hawaii in december. She will have her drivers license by then. She has her I-485, I-130, I-765 and some other M109109 (whatever that is).
she wants to know if its ok for her to travel to hawaii (from florida). it's in the united states so i can't imagine there being an issue. she will be traveling to ohio later that month and to me its the same thing. I'm just trying to get the opinion from someone who would know for sure.
thanks for any help!
Hawaii is an outlying US state. Going to Hawaii should be no different than flying between two cities within continental US.
I called the USCIS number for info but can't speak to an operator.
My wife is planning on traveling to hawaii in december. She will have her drivers license by then. She has her I-485, I-130, I-765 and some other M109109 (whatever that is).
she wants to know if its ok for her to travel to hawaii (from florida). it's in the united states so i can't imagine there being an issue. she will be traveling to ohio later that month and to me its the same thing. I'm just trying to get the opinion from someone who would know for sure.
thanks for any help!
Hawaii is an outlying US state. Going to Hawaii should be no different than flying between two cities within continental US.
more...
Ramba
10-24 11:49 AM
Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
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vaishnavilakshmi
07-09 03:20 PM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Can u post the link to that bulletin announced on 9th july 2007? We didnt find anywhere ?
vaishu
Can u post the link to that bulletin announced on 9th july 2007? We didnt find anywhere ?
vaishu
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ramus
06-15 09:14 AM
Great.. Thank you..
Very good thred.
contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.
Very good thred.
contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.
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Aah_GC
08-17 06:34 PM
Titles do matter as they are the first ones to catch the eye. To me it appears you are moving from a PM position to a tech specialist position (at least on paper) and you might have some problems there. If possible, try to request for a title with "manager" in it. If that is impossible, try to go by matching SOC code. Does your prospective employer have a legal immigration team to help out?
more...
nefrateedi
08-29 12:39 PM
Thank you so much nefrateedi,
I feel a little bit relieved now.
I read now about Direct Filing....and I understood that if you apply after july 30...you can send the application either to Nebraska or Texas. Hopefully I'm right in this matter.
Thanks again
Actually it was before July 30 that you could send it to either service center, but like I said earlier, with all the internal transfering that's going on, hopefully you'll be ok.
I feel a little bit relieved now.
I read now about Direct Filing....and I understood that if you apply after july 30...you can send the application either to Nebraska or Texas. Hopefully I'm right in this matter.
Thanks again
Actually it was before July 30 that you could send it to either service center, but like I said earlier, with all the internal transfering that's going on, hopefully you'll be ok.
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krishnam70
07-05 04:16 PM
Eom
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drirshad
03-13 04:31 PM
03/13/2009: Senate Bill, S. 577 to Punish Immigration Sharks Defrauding and Victimizing Immigrants and Related Parties
Senate Dianne Feinstine from California, cosponsored by Senator Ted Kennedy, introduced this bill in the Senate yesterday. The full text of the bill is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''.
SEC. 2. SCHEMES TO DEFRAUD ALIENS.
(a) Amendments to Title 18.--
(1) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:``�1041. Schemes to defraud aliens
``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both.
Here is the background for this bill: The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud aliens in connection with Federal immigration laws. Specifically, the act would make it a Federal crime to wilfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to wilfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also authorize the Attorney General and the Secretary of Homeland Security to use task forces currently in existence to detect and investigate individuals who are in violation of the immigration fraud crimes as created by the bill. The act would also work to prevent immigration fraud by requiring that Immigration Judges issue warnings about unauthorized practice of immigration law to immigrants in removal proceedings, similar to the current law that requires notification of pro bono legal services to these immigrants; requiring the Attorney General to provide outreach to the immigrant community to help prevent fraud; providing that any materials used to carry out notification on immigration law fraud is done in the appropriate language for that community; and requiring the distribution of the disciplinary list of individuals not authorized to appear before the immigration courts and the Board of Immigration Appeals, BIA, currently maintained by the Executive Office of Immigration Review, EOIR. Unfortunately, the need for Federal action to prevent and prosecute immigration fraud has escalated in recent years as citizens and non-citizens attempt to navigate the immigration legal system. Thus far, only States have sought to regulate the unauthorized practice of immigration law. Since immigration law is a federal matter, I believe the solution to such misrepresentation and fraud should be addressed by Congress. By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their 6 U.S. citizen children in Palmdale, CA. Mr. Smith would likely have received a green card at least two different times during his stay in California. However, in attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings. From California to New York, there are hundreds of stories like these. Many immigrants are preyed on because of their fears--others on their hope of realizing the American dream. They are charged exorbitant fees for the filing of frivolous paperwork that clog our immigration courts and keep families and businesses waiting in limbo for years. Law enforcement officials say that many fraudulent ``immigration specialists'' close their businesses or move on to another part of the state or country before they can be held accountable. They can make $100,000 to $200,000 a year and the few who have been caught rarely serve more than a few months in jail. Often victims of such crimes are deported, sending them back to their home countries without accountability for the perpetrator of the fraud. Most recently, hundreds of immigrants were exploited by Victor M. Espinal, who was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients attended the New York City Bar Association's free clinic to address their legal and immigration options. According to prosecutors, Mr. Espinal falsely claimed on his business cards that he was licensed and admitted to the California bar as well as the bar in the Dominican Republic. Organizations such as the Los Angeles Country Bar Association, National Immigration Forum, American Immigration Lawyers Association, and American Bar Association have been documenting this exploitation for many years.
Senate Dianne Feinstine from California, cosponsored by Senator Ted Kennedy, introduced this bill in the Senate yesterday. The full text of the bill is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''.
SEC. 2. SCHEMES TO DEFRAUD ALIENS.
(a) Amendments to Title 18.--
(1) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:``�1041. Schemes to defraud aliens
``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both.
Here is the background for this bill: The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud aliens in connection with Federal immigration laws. Specifically, the act would make it a Federal crime to wilfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to wilfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also authorize the Attorney General and the Secretary of Homeland Security to use task forces currently in existence to detect and investigate individuals who are in violation of the immigration fraud crimes as created by the bill. The act would also work to prevent immigration fraud by requiring that Immigration Judges issue warnings about unauthorized practice of immigration law to immigrants in removal proceedings, similar to the current law that requires notification of pro bono legal services to these immigrants; requiring the Attorney General to provide outreach to the immigrant community to help prevent fraud; providing that any materials used to carry out notification on immigration law fraud is done in the appropriate language for that community; and requiring the distribution of the disciplinary list of individuals not authorized to appear before the immigration courts and the Board of Immigration Appeals, BIA, currently maintained by the Executive Office of Immigration Review, EOIR. Unfortunately, the need for Federal action to prevent and prosecute immigration fraud has escalated in recent years as citizens and non-citizens attempt to navigate the immigration legal system. Thus far, only States have sought to regulate the unauthorized practice of immigration law. Since immigration law is a federal matter, I believe the solution to such misrepresentation and fraud should be addressed by Congress. By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their 6 U.S. citizen children in Palmdale, CA. Mr. Smith would likely have received a green card at least two different times during his stay in California. However, in attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings. From California to New York, there are hundreds of stories like these. Many immigrants are preyed on because of their fears--others on their hope of realizing the American dream. They are charged exorbitant fees for the filing of frivolous paperwork that clog our immigration courts and keep families and businesses waiting in limbo for years. Law enforcement officials say that many fraudulent ``immigration specialists'' close their businesses or move on to another part of the state or country before they can be held accountable. They can make $100,000 to $200,000 a year and the few who have been caught rarely serve more than a few months in jail. Often victims of such crimes are deported, sending them back to their home countries without accountability for the perpetrator of the fraud. Most recently, hundreds of immigrants were exploited by Victor M. Espinal, who was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients attended the New York City Bar Association's free clinic to address their legal and immigration options. According to prosecutors, Mr. Espinal falsely claimed on his business cards that he was licensed and admitted to the California bar as well as the bar in the Dominican Republic. Organizations such as the Los Angeles Country Bar Association, National Immigration Forum, American Immigration Lawyers Association, and American Bar Association have been documenting this exploitation for many years.
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lkrastogi
07-16 11:08 PM
My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?
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stillhowlong
01-17 02:57 PM
Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
Thanks RaviENK. Let me put my exact case details here. I have EB3 I140 approved with my current employer with the priority date March 2005. For some reason we did not file the I485. Now I am looking for the new employer who can file my labor and I140 in EB2 category while I am still working for the current employer. Once the EB2 I140 is approved, I can switch to my new employer. My question is as follows
1. If for some reason, the porting was not done from eb3 to eb2 and new I140 is approved, will I be able to file I485 with the new employer?
Thanks
SHL
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
Thanks RaviENK. Let me put my exact case details here. I have EB3 I140 approved with my current employer with the priority date March 2005. For some reason we did not file the I485. Now I am looking for the new employer who can file my labor and I140 in EB2 category while I am still working for the current employer. Once the EB2 I140 is approved, I can switch to my new employer. My question is as follows
1. If for some reason, the porting was not done from eb3 to eb2 and new I140 is approved, will I be able to file I485 with the new employer?
Thanks
SHL
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drona
07-11 11:40 PM
He is a legal immigrant himself and he understands the immigration system. It took him 15 years to become a US citizen.
He is the Governor of California, the state with one of the highest employment-based green card applicants. Also one of the states with the highest Immigration Voice members.
He is anti illegal immigration and recently made comments about illegals which created a furore (albeit among illegals and pro-amnesty groups, but they were heard). He might want to align with us to show he is pro-immigration.
Come on members, let's work out a campaign to gain his attention. He wants to be a champion, so let's give him a cause.
He is the Governor of California, the state with one of the highest employment-based green card applicants. Also one of the states with the highest Immigration Voice members.
He is anti illegal immigration and recently made comments about illegals which created a furore (albeit among illegals and pro-amnesty groups, but they were heard). He might want to align with us to show he is pro-immigration.
Come on members, let's work out a campaign to gain his attention. He wants to be a champion, so let's give him a cause.
more...
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h1techSlave
11-19 10:20 AM
If you look at the numbers.
EB3 - 3 years to file 485. Very little risk of rejection of 140 by USCIS.
EB2 - 1 year for LC processing, because you have to file new LC. Very HIGH risk of rejection of 140 by USCIS.
Now take your pick.
h1techSlave,
I saw that priority date for EB2 (all other countries) now is current, while for EB3 is May 2005.....
Does it mean that when my LC is ready I will have to wait my priority date for approximately 3 years?
EB3 - 3 years to file 485. Very little risk of rejection of 140 by USCIS.
EB2 - 1 year for LC processing, because you have to file new LC. Very HIGH risk of rejection of 140 by USCIS.
Now take your pick.
h1techSlave,
I saw that priority date for EB2 (all other countries) now is current, while for EB3 is May 2005.....
Does it mean that when my LC is ready I will have to wait my priority date for approximately 3 years?
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centrum
10-28 10:23 AM
Important Visa and Immigration Documents (http://www.upenn.edu/oip/iss/visa/documents.html)
Is the statement under passport true? I still shouldn't have any problem right?
Can someone answer this please?
Is the statement under passport true? I still shouldn't have any problem right?
Can someone answer this please?
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sammyb
09-24 12:45 PM
In June'09 USCIS issued RFE for both of our I-485 for medical and it was sent to my old address even tough I updated address online for both the application ... fortunately a copy was sent to the lawyer and we were able to respond in time ...
This whole system is a crap - their IT i mean .... no proper house keeping ... and do not depend on the online status ... even though one of the AOS appl has been denied ny USCIS the online status still shows pending - what a joke .... also the MTR for the same denial shows pending :) :) :) ...
I got it for missing Medicals for both me and my wife.
I would trust anytime my lawyer than USCIS.
here is what they did.
Wrong address even though filed for AR11 online and received Soft LUD online. This is one year old address and they didn't even put APT# in my old address. God's Grace I received it by mail fowarding without APT#
Didn't update my online status. Still showing Pending and no LUD or soft LUD
I know my lawyer put in G28 and medicals both when he was mailing it as I was the one who finally inspected and mailed the package.
Some other folks also got for Medicals. Looks to me a routine to get rid off pending cases or preadjudicate.
Weird but true in my case
This whole system is a crap - their IT i mean .... no proper house keeping ... and do not depend on the online status ... even though one of the AOS appl has been denied ny USCIS the online status still shows pending - what a joke .... also the MTR for the same denial shows pending :) :) :) ...
I got it for missing Medicals for both me and my wife.
I would trust anytime my lawyer than USCIS.
here is what they did.
Wrong address even though filed for AR11 online and received Soft LUD online. This is one year old address and they didn't even put APT# in my old address. God's Grace I received it by mail fowarding without APT#
Didn't update my online status. Still showing Pending and no LUD or soft LUD
I know my lawyer put in G28 and medicals both when he was mailing it as I was the one who finally inspected and mailed the package.
Some other folks also got for Medicals. Looks to me a routine to get rid off pending cases or preadjudicate.
Weird but true in my case
sdrblr
09-01 03:19 PM
If you (or her ) do not get the card by 2nd week, make an infopass appointment and get the PP stamped.
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
Munna Bhai
10-26 11:18 AM
Ashkam is right...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
I-140 premium processing is not available.
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
I-140 premium processing is not available.
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