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  • shana04
    02-01 06:09 AM
    There is a seperate thread on this. Look it up.


    can some one point to the right thread. Thanks in advance





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  • setpit_gc
    05-27 07:14 PM
    Got the RFE document.
    Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.





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  • USDream2Dust
    10-15 06:53 PM
    I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.

    I would relax now and be happy about not getting another RFE in short time.





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  • jaggu bhai
    07-27 10:35 AM
    Hi Friends

    My status is I 140 is cleared, waiting for the next step.
    Question is....
    My wife is on H4 and as it is difficult to get a job now and change to H1 (civil engineer),
    We intend to use this time for her studies.
    We need your suggestion (few people based on their own experience),

    1.As we cannot afford financially to study in a full time college, we wanted to make it part time or online (whatever-which costs us less).
    2.Is it good to study on H4 or betterto convert to F1 and study (so that SEVIS and further usage of it down the line!!!!)
    3.If some seniors has done like this, pl advise some universities.

    Thanks



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  • rongha_2000
    10-11 04:52 PM
    Ok, if this is true, its sure that your employer is exploiting you and thats shameful. Keep all your correspondence in writing. If employer is not reply in writing somehow record your phone conversation with him and then
    1) You have a valid case to file a complaint with the DOL and suing your employer and seek punitive damages. Since your I140 is approved then you switch to another employer and port your PD. Atleast that will not be lost. If the judge grants you the punitive damage, I'd say Dude take that and go back to india cos that money will be enough for you to live a peaceful life there :)
    2) In above case the only flip side is that you will not be able to file I485 anytime soon and will loose benefits like EAD and stuff.
    3) If you can ride it through, do it and after 180 days using AC-21 change jobs and first thing you do is sue your employer and seek punitive damages. In that case you will have numbers to prove the financial, emotional hardships you experienced in this ordeal.

    In either case dont spare the blood-sucking employer. Its employers like these that make general american public think that H1-B is being abused.

    hi,
    this might look an essay but this is true ----------------
    i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
    he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
    anyone has any suggestions on this issue , i will appreciate any suggestions

    thanks and regards





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  • Funky_Monkey
    09-14 05:05 PM
    Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.



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  • MerciesOfInjustices
    03-06 08:32 PM
    All,

    In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough...

    ...Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.

    best,
    Berkeleybee

    Well said!

    There are 270,000 in retrogression and nearly double this number in back-logs. If you wonder where are they, I think you will end up spending all of your time doing that!

    I hear the refrain everywhere that - "they" will do something because of the sheer numbers, and the basic fairness of the US!

    Please do not count on it! Our hopes failed once last year, and it can very well happen again! The cause is just, but it can only succeed if there is a clamor for it! So, call your lawmakers, and send personal emails to others to make them do so.

    Send personal emails to members of the Indian community urging them to recall their days of struggle, and now contribute to those in the struggling phase.

    Organize 'chai-samosa' or 'idli-sambar' fund-raisers, for God's sake, if nothing else - to raise funds!

    Time is of essence - we may have just a month or two to board this bus together, or wait for the next one, God knows when!





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  • eblues
    09-05 06:06 PM
    What is the reason your university cited for their position that you might be violating J status?

    It is not the official position of my university. It is the opinion of the lady at the international office I spoke to, and actually all she did was warn me that flight training is kind of a delicate issue here in the US (and I can honestly see why) and that I should look into the matter carefully before proceeding.

    Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status.

    You're right, flight schools run all sorts of courses and from my research I know that they can issue the documentation required for M-1 visa (it used to be J-1s as well but that stopped in June 2009, if I remember correctly). I am just interested in sport flight training, which means that (even) if I get a flight license I won't be able to fly for compensation of any sort and I won't be able to perform any sort of aerial work. My flight experience could be regarded as professional training just like driving a car can be regarded useful for learning to drive a truck, though. In my opinion it is a bit far-fetched to affirm that this makes it 'professional training', otherwise most forms of training (even playing baseball with friends on Sunday afternoons) would count as professional. I hope this point makes sense :-)

    On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.

    Becoming an instructor, flying cargo and passengers for compensation all require more advanced licenses that all come with their courses and additional requirements (the "importance" sequence is -- more or less -- sport pilot -> private pilot -> commercial pilot -> airline transportation pilot). AFAIK flight hours logged as a sports pilot (not during training) can be made to count towards fulfilling the requirements for becoming a private pilot (and he cannot use his license to work as well, btw) but I'm not even trying to do that (and I can show it: if I wanted I'd have required a different kind of TSA clearance and medical certificate, I believe).

    In any case thank you very, very much for your opinion. It's quite probably the first substantiated one I get for my case. This forum and its users rock.

    Pierluigi



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  • kiru_99
    10-30 03:22 PM
    I don't know what amt was enclosed with the application. All I know it is rejected b'couse of Incorrect/No Fee. My concern is it was rejected on Sep 22nd & lawyer might have got the notice of rejection & he missed it or don't know what happened. It is already more than a month now. How much time is there to resend the application.

    Thanks
    -Kiru





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  • eb2_immigrant
    03-09 06:20 PM
    Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
    Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
    What happens if there is an RFE asking for proof of employment during this period?

    Can you not think anything other than a gas station or seven eeleven ? Come on guys think out side the box. I don't have a great idea to suggest you to begin with but I know gas station and grocery stores are very typical desi ideas



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  • GKBest
    09-29 03:24 PM
    Looks like an unique situation...no reply from anybody...

    I'm just wondering why would they waive the fee. Are you exempt from paying?





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  • addsf345
    10-22 01:10 PM
    I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.

    @KabAyegaMeraGc - question for you: if you were qualified for EB-2, why did you in first place filed for EB-3? Looking at your profile, you may would have been just about to get your GC if you would have been in EB-2 bucket. Just curious. Also, what is your lawyer's take on this whole porting thing?



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  • Yeldarb
    05-29 08:55 PM
    www.barbdwyer.com/profiles/DHSMaroon13 - a simple PHP based AOL Instant Messenger subProfile that I threw together :)

    You can view it in its original state by looking at my profile (SN: DHSMaroon13)





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  • nb_des
    09-21 02:39 PM
    As I understand even NumbersUSA support removing the per country cap.



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  • yabadaba
    11-06 08:05 AM
    Does anyone know the benefit to go for PIO or OCI... in relation to the Indian Baby born in US..


    Thankyou

    Your child is an American of Indian Origin. not an "Indian" baby born in the US.

    One of our key duties as immigrants is to instill that value in our children. This way neither will they be confused, nor will they reject their roots





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  • dsneyog
    01-14 08:38 PM
    I really hope then I will get mine in another 2 weeks. Neither company nor me want to lose any money on cruise and flight booking. it's so hard for them to understand that there could eb issues like this for cruise vacation.AP is taking around 1.5 to 2 months at TSC. Mine took 7 to 8 weeks, filed nov 1, apprvd dec22.



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  • sunny1000
    03-10 03:19 PM
    My wife when she went to india did the same. Means Submitted all the i-94 including the one which was with the 797.

    While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.

    When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.


    I had to apply for the extension because i did't have any proof with me for my wife on the i-94.

    I submitted all my I-94s including that on the 797. If you notice closely, they all have the same number on the top left corner. By issuing an I-94 with the 797, USCIS confirms that your original I-94 that you received at the POE has been extended. They are not valid after you leave the country as you get a new I-94 with a new number. You can go to an USCIS office and get your wife's I-94 corrected to the 797 date.
    :D





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  • cbpds
    11-12 05:31 PM
    why do we even need a bulletin in this case? sheer waste of time for even the folks publishing it,
    waste of gov resources, IT guy has to update, gov employee has to check, someone has to send out the release.

    Seems to me like its been decided by BO or HC .......go home everyone.

    Also says no change expected in the coming months.
    See bottom of the bulletin.
    :(

    :mad:
    F. VISA AVAILABILITY IN THE COMING MONTHS

    Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
    Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

    Employment Second:

    China: none to two weeks

    India: no movement

    Employment Third:

    Worldwide: three to six weeks

    China: one to three weeks

    India: none to two week





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  • kshitijnt
    10-08 05:13 PM
    In US the nice thing about SSA is unemployment and disability security.
    But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.

    In India, the best part is 100% compulsory employer contribution. But
    Indian PF sucks with rising inflation and lack of accountability.

    And we all know how the employers would "Package" their "contribution".

    This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.

    What are you talking about? My parents retired with good benefits from GPF and PPF (no stock investment). In the article is was estimated that Indian workers are contributing $1.5 Billion dollars in SSA taxes each year. Not everyone works here for 10 years to get the benefits. Hence its only natural for India to charge US citizens working in India if repatriation of benefits is not allowed.





    Jaime
    09-05 05:24 PM
    Assuming that he is not struck in the name check which is very likely if one has a very common first name or last name

    True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+





    waitnwatch
    07-06 12:59 AM
    I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.

    Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.



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