ragz4u
05-23 10:46 AM
This article was a result of the hard work done by Salil. He pursued the local paper to run a story on LEGAL immigration and ensured that we get due media attention
Thanks a bunch Salil.
Btw, the bonus is the Immigration Voice poster in his hand. That was really smart thinking :)
http://www.tulsaworld.com/NewsStory.asp?ID=060523_Ne_A1_Still55192#
Thanks a bunch Salil.
Btw, the bonus is the Immigration Voice poster in his hand. That was really smart thinking :)
http://www.tulsaworld.com/NewsStory.asp?ID=060523_Ne_A1_Still55192#
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reddog
11-03 10:43 AM
I would be very cautious about her overstayin without getting the extension in hand.
I would still not do it unless it is a desperate situation, and there is absolutely no other way of handling it.
The overstay would definitely show up the next time she comes back in, ie, next time if the officer is good, he lets her in and everything is good.
If the officer is just doing his duty, he will not.
The officer will definitely grill her about her overstay, and if she is able to convince him about the hospital stay(i would keep records of the hospital stay), he can give her a short term visa.
And your mom-in-law mentioning the baby when she entered does not help at all.
Overstay is still handled in an adhoc fashion at the airport counters.
But I know of a friends mother who overstayed(did not apply extension) and was sent back from the airport next time she tried to come back(they even got a letter from the local congressman).
I would still not do it unless it is a desperate situation, and there is absolutely no other way of handling it.
The overstay would definitely show up the next time she comes back in, ie, next time if the officer is good, he lets her in and everything is good.
If the officer is just doing his duty, he will not.
The officer will definitely grill her about her overstay, and if she is able to convince him about the hospital stay(i would keep records of the hospital stay), he can give her a short term visa.
And your mom-in-law mentioning the baby when she entered does not help at all.
Overstay is still handled in an adhoc fashion at the airport counters.
But I know of a friends mother who overstayed(did not apply extension) and was sent back from the airport next time she tried to come back(they even got a letter from the local congressman).
pradeep_s
12-20 11:01 PM
Hi Msyedy,
Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.
Thank you,
pradeep
Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.
Thank you,
pradeep
2011 more.
centaur
03-27 05:50 PM
Yes. Thats true. My cousin is in the law school here and he says that the laziest or weakest in the class go for immigration law (usually, there are exceptions) as it's "easy" most of the time you are just filing forms and immigrant like us pay on time, are polite and dont cause them "stress".
A lot of them have "UNPAID" interns, usually law students, do all the work while they are hardly working (playing golf, socializing..) and then they sign all these forms in 20-30 minutes, if they decide to work that day.
Such is the story of lot of immigration lawyers. A lot of us I am sure do not like their lawyers.
Lawyers do not even read the full application properly. They delegate the responsibility of reading and writing applications to their trainees and paralegals. I do not even know why lawyers charge such heavy fees for not doing any hard work. Lawyers do not even tell you which documents to send when you file application. They keep asking documents one by one. Can't they keep a list of all documents for each application form and send it to their clients in advance. Such problems are faced with people who have both big lawyers and small lawyers.
Another thing. I saw the list of top lawyers by bestlawyers.com and saw their selection criteria. It seems lawyers select each other. I wish they had clients rating lawyers and not peer review.
No wonder only the worst students of law become immigration lawyers. Oops, i said something bad!! Some lawyer reading this will sue me for saying this...
A lot of them have "UNPAID" interns, usually law students, do all the work while they are hardly working (playing golf, socializing..) and then they sign all these forms in 20-30 minutes, if they decide to work that day.
Such is the story of lot of immigration lawyers. A lot of us I am sure do not like their lawyers.
Lawyers do not even read the full application properly. They delegate the responsibility of reading and writing applications to their trainees and paralegals. I do not even know why lawyers charge such heavy fees for not doing any hard work. Lawyers do not even tell you which documents to send when you file application. They keep asking documents one by one. Can't they keep a list of all documents for each application form and send it to their clients in advance. Such problems are faced with people who have both big lawyers and small lawyers.
Another thing. I saw the list of top lawyers by bestlawyers.com and saw their selection criteria. It seems lawyers select each other. I wish they had clients rating lawyers and not peer review.
No wonder only the worst students of law become immigration lawyers. Oops, i said something bad!! Some lawyer reading this will sue me for saying this...
more...
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gnutin
06-10 12:43 PM
Hi Gurus,
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
Premium processing would take less than 30 days. To be safe move after employer B receives the approval.
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.
5. Does the new job need to be the same title and job requirements as the old one?
For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
Premium processing would take less than 30 days. To be safe move after employer B receives the approval.
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.
5. Does the new job need to be the same title and job requirements as the old one?
For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.
fromnaija
09-26 01:32 PM
Hi All,
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
more...
stupendousman11
08-22 01:14 PM
EB2 India from NC.
Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.
Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.
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Sakthisagar
10-20 10:26 AM
As per The Oh Law Firm (http://www.immigration-law.com/)
10/19/2010: Senator Grassley of IA (R) Drops Second Bombshell Placing Immigrant Community in Shocks and Speechless
The Republican Senator Chuck Grassley of Iowa lately dropped the first bomb by obtaining and releasing to the media the USCIS internal memo on the Administrative Alternatives to the CIR, stirrming a political quackmire. Last week, he dropped the second bomb by releasing his letter to the USCIS Director accusing him of pressuring the California Service Center adjudicators to speed up adjudication of petitions.
http://grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502=29635
This Senator is real Anti Legal immigrant and does not have much knowledge of suffering and perseverance immigrants have in general. This guy should be educated soon properly.
10/19/2010: Senator Grassley of IA (R) Drops Second Bombshell Placing Immigrant Community in Shocks and Speechless
The Republican Senator Chuck Grassley of Iowa lately dropped the first bomb by obtaining and releasing to the media the USCIS internal memo on the Administrative Alternatives to the CIR, stirrming a political quackmire. Last week, he dropped the second bomb by releasing his letter to the USCIS Director accusing him of pressuring the California Service Center adjudicators to speed up adjudication of petitions.
http://grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502=29635
This Senator is real Anti Legal immigrant and does not have much knowledge of suffering and perseverance immigrants have in general. This guy should be educated soon properly.
more...
eyeopeners05@yahoo.com
03-13 10:47 AM
I have a question.
How do I contact my senator ?
I know his phone number in DC but was not sure if I just call him up directly on the phone number or if I do it differently. Any suggestions would be greatly appreciated.
eyeopeners
How do I contact my senator ?
I know his phone number in DC but was not sure if I just call him up directly on the phone number or if I do it differently. Any suggestions would be greatly appreciated.
eyeopeners
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Munshi75
03-07 09:52 PM
if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.
more...
kaisersose
06-02 12:10 PM
It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.
Only at the 140 stage and for small companies. The OP has clarified that his 140 is approved and he works for a big company.
So ability to pay issues are no longer applicable.
Only at the 140 stage and for small companies. The OP has clarified that his 140 is approved and he works for a big company.
So ability to pay issues are no longer applicable.
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go_guy123
03-12 10:05 PM
There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
where is the ad in sulekha ?
can you post the link ?
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
where is the ad in sulekha ?
can you post the link ?
more...
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sunny1000
01-02 04:59 PM
My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...
I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.
Pria
Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.
In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.
CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).
Below is the link for Advance Parole:
USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.
Pria
Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.
In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.
CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).
Below is the link for Advance Parole:
USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
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01-18 12:59 PM
Bump
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08-10 03:30 PM
Source??
And please post in the media thread...
And please post in the media thread...
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10-21 12:17 AM
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dealsnet
11-12 01:18 PM
Usually I didn't recomond any one. But for cheaper option this is the man.
If your case is complicated, go with Murthy, Rajiv Khanna, Ron Gotcher etc...
He is the cheapest and good attorney known.
H1B charge is $650 (renew) $750 for new, no charge for filing H4. GC process PERM , I-140, I-485 all for only $2000. Citizenship application $250.
No charge for any RFE. He will respond in detail. I don't know about AC21. May be $250.
HIGHLY RECOMENDED. New York based. Young man in his 30's. Respond emails with an hour.
He is a British guy like one of us came here in the USA as a student F1, H1 and greencard and pass the Bar license to become a lawyer.
So he have first hand knowledge of all the process. So this make him diffrent from any Immigration lawyers.
Andrew Dutton, Esq., P.C., lawyers in Franklin Square, NY, New York (http://www.immigrationcounselorlaw.com/)
Telephone: 516-308-3670
Fax: 516-308-3669
http://www.immigration-counselor.builderspot.com
immigrationcounselorlaw.com
email.
immigration_counselor@yahoo.com
If your case is complicated, go with Murthy, Rajiv Khanna, Ron Gotcher etc...
He is the cheapest and good attorney known.
H1B charge is $650 (renew) $750 for new, no charge for filing H4. GC process PERM , I-140, I-485 all for only $2000. Citizenship application $250.
No charge for any RFE. He will respond in detail. I don't know about AC21. May be $250.
HIGHLY RECOMENDED. New York based. Young man in his 30's. Respond emails with an hour.
He is a British guy like one of us came here in the USA as a student F1, H1 and greencard and pass the Bar license to become a lawyer.
So he have first hand knowledge of all the process. So this make him diffrent from any Immigration lawyers.
Andrew Dutton, Esq., P.C., lawyers in Franklin Square, NY, New York (http://www.immigrationcounselorlaw.com/)
Telephone: 516-308-3670
Fax: 516-308-3669
http://www.immigration-counselor.builderspot.com
immigrationcounselorlaw.com
email.
immigration_counselor@yahoo.com
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whiteStallion
10-13 02:26 PM
I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.
Please restart your Labor again, ASAP.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.
Please restart your Labor again, ASAP.
Rb_newsletter
04-13 07:56 PM
So even if you get GC out of turn, I believe the correct thing to do is to return it. Or it can be more problems.
Here's the link on that topic:
http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html
You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?
On a side note:
If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?
Here's the link on that topic:
http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html
You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?
On a side note:
If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?
TEKNMEK
03-02 10:25 AM
I sent an email to chennai consulate requesting emergency appointment and they gave me the earliest available date. I had to provide my passport number and return travel date.
Went to HDFC bank and got the DD for visa fees and VFS fees and went to consulate at the specified time. Visa interview went fine and the officer said I could collect my passport at the VFS counter if I need it immediately.
I went to the chennai VFS counter for 2 days in a row to collect my passport and they said they did not recieve it yet. The third day I called and was told that passport can be picked up. But when my uncle went to pick it up they said it was not there.
I called the courier company Bluedart and gave them my passport number and they said it is in transit and I recieved it.
So the visa interview went fine but there were some unexpected delays in recieving the passport. Finally I got it on the day of my travel and came back to US finally.
Just wanted to update all about my experience and thank you for all your help.
Went to HDFC bank and got the DD for visa fees and VFS fees and went to consulate at the specified time. Visa interview went fine and the officer said I could collect my passport at the VFS counter if I need it immediately.
I went to the chennai VFS counter for 2 days in a row to collect my passport and they said they did not recieve it yet. The third day I called and was told that passport can be picked up. But when my uncle went to pick it up they said it was not there.
I called the courier company Bluedart and gave them my passport number and they said it is in transit and I recieved it.
So the visa interview went fine but there were some unexpected delays in recieving the passport. Finally I got it on the day of my travel and came back to US finally.
Just wanted to update all about my experience and thank you for all your help.
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