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  • gc_chahiye
    08-26 11:22 PM
    gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough.

    for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).

    I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
    All the best!





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  • immi_enthu
    04-17 11:05 AM
    I am not an expert but I would think by the way USCIS works you would be better off (in terms of time) starting a new application than trying to amend an existing EB application with them.





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  • sobers
    06-23 03:50 PM
    A White House chat on Immigration...

    with Michael P. Jackson
    Deputy Secretary of Homeland Security

    Transcript
    http://www.whitehouse.gov/ask/20060623.html





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  • shana04
    03-05 05:17 PM
    Can someone post a sample letter for removing lawyer from G28 and a notice to represent case himself/herself

    G28 self



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  • alien2006
    08-07 03:05 PM
    Prevailing wage for EB2 as of latest information i have is $83,200
    Hope this helps.

    Okay that is so vague. Wages depend on the location of job, type of job, etc.





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  • pappu
    09-24 10:14 AM
    My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?

    Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.



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  • sixpockets
    04-15 10:16 AM
    TomPlate is correct, I followed the same procedure after being rejected twice.
    Here's the supporting FAQ from IRS ...

    http://www.irs.gov/efile/article/0,,id=120000,00.html#PIN7





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  • GCA
    07-12 12:25 PM
    Barking dogs seldom bite. He is just another Lou Dobbs Please ignore him. There is no way he can change the right to cictizenship for children born in the USA. It is next to impossible since it is a part of the constitution. It is very difficult to change something that is linked to the constitution. So, ignore this "BARKING DOG."
    Just on the lighter side...
    Definitely not when biting!!!..

    So, a barking dog will still bite, but it stops barking just b4 that..:). So the old adage still holds good..



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  • desi3933
    01-14 10:57 AM
    http://www.cis.ctc.edu/pub/groups/ppmsug/ICvEEHandout.pdf


    __________________
    Not a legal advice.





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  • ram_nara303
    01-08 01:53 PM
    I was in the same situation where I came on B1 and then moved to H1 after a years wait here. Ultimately got my EAD and AP. Still i was reluctant to travel down to INdia, but had to do to attend a marriage of my wife's brother. So finally after 8 yrs, I went to India and I took all necessary documentation including AP, 485 receipt, H1 approval notice, paystubs. Getting through IAD was a breeze and did not take more than 10 minutes. So don't worry and as long as your AP is valid, you should not worry much.
    :)



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  • helmet
    01-09 11:21 AM
    yes you need to get transit visa for France.
    You can get passport extended here in NY the same day.





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  • morchu
    05-04 02:11 PM
    Good point regarding export regulations. I dont have much idea in this scene.

    Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.

    After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.



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  • vnsriv
    10-08 04:09 PM
    We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?

    I-485 receipts from NSC.

    Most of my friends LUD is updated within 2 days of giving finger prints.

    Please post your experiences.

    Be patient. That's OK. One more thing, do you have a login on USCIS site and a portofolio of your cases. If you login and see your portofilio, you may see a LUD on I-485. But when you expand the message, there won't be any update.





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  • ItIsNotFunny
    10-22 10:24 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks


    There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.

    Canada visit should not create issue as per my opinion.



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  • a1b2c3
    10-02 11:24 AM
    Dec Bulletin will see EB categories being opened up. Don't think there will be any change in Nov Visa bulletin.





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  • LondonTown
    01-08 01:02 PM
    I had my interview on the 30th and my passport has not been delivered yet. The VFS website says that the passport has not been handed over to them as of today. I was not given any 221g slip/form and the VO told me that i should be getting my PP in 5 days, it's been a week now and VFS hasn't got the PP yet. Is there something i should be worried about? I have my return ticket booked for next weekend and i am getting a bit nervous about the whole scenario. Does anyone know if there is any other way to get in touch with the New Delhi consulate?

    Thanks.


    We were exactly in the same situation few months ago. We were told that our visas have been issued and we will get our passports within 5-7 days (no 221g at the time of the interview). After 5 days when we contacted VFS they said wait upto 7 business days. I waited and then they gave me the number of the embassy. When we contacted embassy they said that an email has been sent to me asking more documents but we did not get any emails. We asked them to resend and after 3 days of our request we got their email with a soft copy of 221g(green).

    We wish that similar thing may not happen with anyone as we know the tension of going thru it.

    I would suggest that you call Embassy instead of calling VFS to get the real status. VFS will just tell if they got the passport or not. They can not tell you the reason.

    Good Luck.



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  • ragz4u
    04-10 09:30 AM
    Bump ^^^





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  • yestogc
    05-07 04:49 PM
    There are lot of people both ahead and behind you (of course with their own set of prayers), some get RFE's some don't. But yes as of this writing and at least for this year GC journey is going to be hard and very slow.





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  • GreenCard_Soon
    01-02 03:06 PM
    Guys, thanks for your responses ! :)





    jsb
    11-05 04:02 PM
    Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again

    Yes. Note answer to Q 2. In case there is an RFE to sponsor of I-140, and there is no proper response, I-140 is denied, resulting in denial of I-485 too. I-140 has to be approved or approvable.

    Once mega data entry is done, there will be a lull on new filings for quite sometime, giving USCIS time to look at the cases. I don't know what is current I-140 processing time, but it is better to have it out of the way before you think of moving on.





    nashorn
    12-17 10:41 PM
    thanks for the inputs guys..

    This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...

    Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..

    Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??

    Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
    thanks again for your inputs..can you share some of your experinces.
    The abandenonment denial happens when you don't reply a RFE or Intent to deny before a dead line mentioned in the RFE or intent to deny. It doesn't apply to a final dinial decision which is what you would have got, because (they) got denied as YOURS was denied.

    Have you check if your atterney's address on your 485 is correct? When you have an atterney, the decision will be sent to your atterney, not you. If the address of your atterney is incorrect, he wouldn't get it.

    You have to get your case reopened in oreder to get your family's reopened. If your's got dinied, theirs have no ground to get reconsidered.



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