Mentol Blog's

No need to worry even if it's warning...
I had a same situation with my wife FP yesterday.
she got warning for 2 fingers........
I asked FP officer why the warnings and does it cause any problems.then
she replied nothing to worry it happens somtimes..
then asked again do we need to comeback again for FP.....
she replied no..not necessary unless and until FBI has any questions...

I don't get it - where are the rest of the 2468 members?

Can we send out a blast (through Pappu) to everyone on this forum?

Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!

As per my attorney, there is no validity requirement for the passport, just that it should be valid at the time of AOS application. So, the OP should be ok. But like others said, do apply for a new passport as soon as possible.

I am not a lawyer , and this is not a legal advise.

According to my study , and talk with some lawyers .. Yes it could be same.

But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.

Eg .

You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.

Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.

Talk to Ur attorney about the points i mentioned.

Hi...

I called Ciudad Juarez, Mexico - -800-919-1754 (with a cost of US$7.00 per call payable by Visa or MasterCard) and checked up with the customer service with my petition number whether he could see my petition details in his system. He told me that he could see my petition details in the system. And, I asked him whether that information is from PIMS? But, he told me that he is not sure what system is that but he could see my petition information.

Does anyone have thoughts on this ... ie., MY Petition information is available in PIMS right now? If so, when will I get the passports stamped?

Thanks!

Hi Guys,

My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

Please Sugest

Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...

Otherwise.. what are you waiting for :-)

It was not clear how this amendment affects, so I did some reading myself and found how it quietly does it. And adds a little incentive i.e. the total number may not exceed 650,000. In other words, alloting 200,000 for dependants(650,000 total - 450,000 primary)

I get a feeling that this might pass if it is presented on the floor smartly to kindle some number/cost sentiment.

Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``
(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable
in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after
October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against
the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and
paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the
Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
-----------
INA 245B(Employment based) 245C(Family based) (http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245)

245B:
(b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current.

My Labour was For EB-3 and my I-140 was filled in EB2
One of my Colleague also had same case but he got query on his
I-140 and mine got denied

I have a question
Now I will have to file new labour and I-140 can
Will I loose my old priority dates

How can the labor be filed under EB3 and the 140 under EB2? Is this possible only if Labor mentioned BS + 5 (or MS) as the requirement even though it was filed under EB3?

Anyone care to throw some light on this?

My MTR got approved in 2 months from TSC.

But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?


I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.

We were successful in getting good media coverage with flower campaign. Our San Jose rally is getting good regional coverage. Yes, we haven't had the expected success with national media yet but we are gaining traction at an amazing pace.

This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion

Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months.

Unless, USCIS advise them on the low demand from ROW. Until then DOS is not going to do any spill-over other than FB left-over from last year( 10K).

Our leaders� promises are meaningless if they don�t turn their rhetoric into concrete actions and legislation. President Obama, Congress, and the bureaucracy in Washington DC have not delivered the action America needs. We�re marching on May 1st to show them, and the world, that we�re not going to let them get away with it.

VERY TRUE! These politicians need to be held accountable for their talks and no actions, and if this march is going to help in that direction, then we should do it.

Thanks for reminding me of the loss. I was sitting about ten rows up screaming. I saw you there, you must not of heard me yelling. Hehehe..

-- Matt

Gurus,

Myy EAD is expiring and Renewal is taking more than 1 year as per new processing times.

Can I switch back to H1-B. I am in EAD and I dont have any H1-B status now. I have used 5 1/2 years of h1B previously. Six years is not utilized

What are pros and cons..

Please help..
As per my understanding , as long as you file for renew your EAD before the expiry you are in status , so why do you want to go back to H1??

I wish! :)

I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

Yes. We are foreigners no matter how much tax we pay or how law abiding we are...

We Canucks are not on the "out" list.

My girlfriend is an Australian citizen and I am an Indian citizen.

Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

Her parents have greencards too.

She believes her greencard was filed for her by her uncle after he got his US Citizenship.

1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

Does she or does she not have a green card in her hand?

We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

Yes.

I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

Not true.

Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

4. Are not all greencards created equal?

Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

Any special serial numbers/markings/etc?

I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.


Read between the lines for answers.

After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.

On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.

2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.

You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.


Good luck

From what I have heard, you can be on H1B and still use AP to come back into the US. No need to get a Visa stamping for the H1B to travel.

*

I didn't find what I am looking for.

I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.

So, I am thinking to file myself.
yes u need all documents...

Look again..and u will find link to this discussion on the HOME PAGE..

I will save u some time
http://immigrationvoice.org/forum/showthread.php?t=5132

We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!

My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).

If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.

Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?

Currently on H1B 8th year extension which will expire on 25th June, 2009.

Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can�t file for I-485 since the EB3 date for India is unavailable.

There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

What are my other options not to go out of status or leave the country?