Mentol Blog's

Hi everyone:


I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.

She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).

My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)

Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?

Cmon ever since independece we have never been united on any cause. I see threads from Gandhigiri(sending roses)...TO .. "no work on 13th"petition. But cmon look at the responses, e.g. no working day petions had only 75 votes , of which most are scared to put there employer name info. etc.

75 here 120 there..do you guys really think with these numbers will make our voices heard .. On the other end lot of people are happy about the revision of the July bulletin and yes that includes the ones stuck in BEC (hypocrisy check! ) and the desi employers who perhaps were fasting/praying or something for this to happen... :-)

Its a number's game. We will never make our voices heard unless we can join hundred of thousands for a cause. I appreciate what IV has attempted to do, but it's an inherent problem with people like us, every one is out there trying to get ahead of the line. If given the choice most would exploit each other to take advantage. I mentioned "desis" perhaps, the problem we face is quite fitting to people from populous nations. I think we are looking at the problem from a very micro level(green card backlog).. The glut in immigration is nothing new and represents similar issues faced in India or China etc.

I am sounding completely pessimistic, but its the harsh reality. Perhaps we are not tuned to be united, we've been raised, bred to be just competitive and anything else which is a byproduct of competition.

just my 2 cents.
pls before anyone starts shouting at my post. Throw the hypocrisy out of the door and then reply.


It's unfortunate, but that's the reality. History says that "British took advantage of divide and rule concept in India during their rule." If the empherors/kings/people were united, that wouldn't have possible for the British.

I know their are few people really good, but the numbers aren't good enough. Hope and wish the coming generation wil, change the history. :-)

This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".

Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.

The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?


Excellent points!

Actually this should DEFINITELY be a question to the Attorney in the next confernece call. What is the actual "law" on the H4s when you say you cannot work does it mean you cannot work for a US employer or yuo cant get paid inside the US?

Colbert, and Jon shows has a lot of auidences....
Let's get them to know our hardships.

Filed 485 in vermont service center

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I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.

anyone else in the same boat?

I did get the cashed checks printouts and also changed the address in USCIS couple days back. The questions are:

- Assuming that USCIS has already sent the reciepts/EAD to my previous address and I have a redirection at USPost office to my new address.

Will they be redirected to my new address? Or is there is a policy on USCIS reciept mails that the mails from USCIS can't be redirected to a new address but need to be returned back unless the new address is updated in USCIS?

I dont think this should be the case. But just thought to make sure my thoughts are correct. My dilemma is that it's over 15days my checks cashed and I haven't recieved the reciepts yet.


USPS does not forward USCIS mail as the USCIS requests it's correspondence not to be forwarded.

If you have changed the address using the RNs (by calling USCIS and not by filing AR11) and if the RNs have not been delivered to you yet, I guess they might have gone back to the USCIS and will be redelivered to the new address.

I am in the same boat. They are taking way too long to process H1-B extensions.

Guys please advised how is the process for the extension...
I need to do mine.... Please I know my company will need to do, I just need the steps. I'm not willing to pay a lawyer for this also...
Tks for any info.....

Recently, Tom Vilsack, Governor of Iowa appeared on Jon Stewart after his announcement as a candidate for 2008 from the democrat party.

Wonder what is the Governor's stance on legal immigration?

Do you know if he has a website? We can look for his position on different issues on his website too.

Finally my AP got approved yesterday !!

It not a computer glitch for sure. As the explanation goes like this:

we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
Even My I-140 status changed from approved to Initial Review when I received my I-485 RFE last few months ago. Though I used AC21 to change my old employer to new employer I-140 still shows initial review.

please check your PM

Check your PM...

Hi

I am not 100 % sure on how pre-approved labors are judged but isnt it true that you should be qualifying from the PD of that labor so in your case 2004. This would mean your 2007 MS will not be accepted since that is after the labor. Now your BSc + 1 Yr PGD might work only if you have them in same field. I mean not guranteed but least you have a chance to appeal. But say they are totally different fields then it might not work. Example BCom + 1 Yr Computer Diploma will not cut the ice in this difficult period. If you need better answers you need to put in more details.

If i apply 485 now and Ead/Ap later after August Bulletin can we avail
Free EAD/AP ?? That will save $350 together !

I mean is that possible - what's this Free EAd/ap deal ?

dont forget july 4th is a holiday..so when they come back on the 5th they will have applications touching the roof.

but from what i am hearing a lot of people are waiting for august bulletin and will apply on july 31st with the higher fees to avail the free ead/ap.

Good news..But, let us not stop our campaign until we hear something concrete from USCIS.

Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !

Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...

Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...

Thanks,

Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.

do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial

I can surely find out and let you know
Thanks to all for helping out
I am just into the process and I am not so wise with the whole thing

UPDATE ON JULY VISA AVAILABILITY

The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:

Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation

have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

Department of State Publication 9514

ie. they will not approve any more GC's for 2007. The question is will they accept applications mailed in today and keep them in abeyance ? I hope so...
What a waste!!!!!!

Here's a brief background:

1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2

Can someone please help me with which approach will have the highest probability of success with PERM?

1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?

2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.

3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)

Any help is really really appreciated.

Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.

its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?

If this is a just a theory, then check your facts first, before you claim "the possibility is real".

Dear friends,

I need a urgent advice from you. I have two labor certificate one is EB3 with priority date April 04 and other is EB2 with priority date April 06.My employer has already filed my I140 using eb3 labor, and since my EB2 labor got approved after 9 months my employer is asking me to make a choice .Either EB2 or EB3 . They are saying they can not file two I140 . In order to file new I140 with EB2 labor they need to revoke the EB3 140 . I don't know what choice to make and seek your valuable advice. Please help me as i have only 10 days to make a decision.