Wednesday, June 8, 2011

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  • mrdelhiite
    08-08 07:59 AM
    Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......


    Thank you.

    -M:)




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  • jonty_11
    11-02 10:51 AM
    Folks,
    Please don't give wrong information so authoritatively :)

    Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.

    If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.

    Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).

    Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
    GCisLottery,

    Please read posts carefully, as nelsonagn has pointed out..




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  • psk79
    10-15 04:01 PM
    Now my last option is to apply for AP for my wife while she is in India.
    Can I apply for AP when she is in India?


    I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.




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  • ita
    01-29 01:45 PM
    Hi,
    My pay on the employment letter given by my company is 10k more than wat is on my W2's.

    My employer said it shld not be a problem as the W2's are for previous years and the employment letter is dated as of this year.

    Is this fine or will there be in any problem with this.

    Thank you.



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  • NikNikon
    May 24th, 2005, 09:21 AM
    Cool, I learned something new today. I guess I knew the concept of the polarizer but had yet to learn all of the ins and outs. Thanks Josh.





    Linear vs. Circular has mainly to do with whether it works with metering and autofocus sensors in modern cameras. Both polarizers rotate and function similarly (I'm not sure if there is any difference in the effect shown in the image, but I doubt it).

    Anyway, an unevenly polarized sky happens not because the polarizer is not rotated properly / enough, but rather because the camera is not quite at a 90 degree angle to the sun; this uneven polarization becomes more noticeable with wide angle lenses (to a point, then as even wider lenses are used, the sky will get dark in the middle and lighter on the edges even right at 90 degrees from the sun).

    sending money 2 india [Archive] - Immigration Voice

    View Full Version : sending money 2 india





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  • ras
    10-21 03:22 PM
    Hi, I am in the same boat as you. Can you please provide your experience with filing the future employment I-485 and if AC21 is possible.

    My question is: Can you continue to work for employer B while employer A files future employment I-485 and can we use AC-21 after 180 days without being employed with employer A?


    Curious to know...



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  • quizzer
    11-08 05:26 PM
    EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing

    Romesh,

    Any updates?

    Thanks




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  • JunRN
    07-17 12:09 AM
    Copy of W2 and recent two pay-stubs is sufficient to file AOS.:)

    My previous work experience is outside the US.
    Do they also ask for tax returns from one's earnings outside the US?



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  • saileshdude
    06-25 11:00 AM
    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.


    Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.

    Please elaborate if you can on this.




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  • jayleno
    12-15 03:44 PM
    :D Nice find. Does it really say where he is from or where the wife has to go in case of the husband being laid off in 4 months time? It just says the person was born in India. I really dont want to extend this...please stop responding.

    Read line 2 of this thread, OP says he is EB3-India , so why should he not send his wife to India ??



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  • hopein07
    03-14 10:04 AM
    Canada requires 3yrs plus one year of training in US and then you need to take one exam for Canada and that's it. If she is doing IM or FP residency then she should try to get into one year of Chief residency as well after completing 3 yrs of residency.

    Canada has a severe shortage of doctors specially in rural areas but not in the cities like Toronto, Vancouver, Ottawa, Calgary, Windsor, or London. IT jobs are very scarce in Canada but are only in big cities. So, one of the two of you has got to sit at home depending on who decides to work.




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  • theperm
    05-07 07:51 PM
    The Employer won`t be touching the I-140 or any other related GC apps.About the time frame for getting same or similar job...I am seriously keeping my fingers crossed!!!!
    Thanks for all the detailed inputs alterego !!!



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  • immigrationbond007
    06-11 06:21 PM
    I seriously doubt if they will introduce favorable GC amendments in the next round.The focus is on the illegals and we will get negatively affected in the process. Our best course of action would be to oppose this bill and hope for it to fail. My 2 cents.

    PS I do hope I am proven wrong though :-)

    I strongly feel that CIR should be brought back and our amends included by our lobbying. Next time CIR is brought back, I am sure favorable amends for H1b GC applicants will be included/debated. I am only concerned about why there are no updates from the IV core group so far. Lets hope the lobbying firm that IV has hired is keeping track of the "behind the doors" discussions to make CIR more pleasing to those who voted against the closure of vote.




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  • Hello_Hello
    11-30 09:48 PM
    I have no idea what Mr. Chopra is talking about, as far as I know US administration has become more foreigner unfriendly in last 10 years and Obama administration is even worse. i don't know of 1 friendly law passed in last decade.

    The Startup Case For Immigration Reform - Maureen Farrell - Scaling Up - Forbes (http://blogs.forbes.com/maureenfarrell/2010/11/23/startups%E2%80%99-case-for-immigration/?boxes=Homepagechannels)



    The United States� Chief Technology Officer Aneesh Chopra says President Obama has tried to lower administrative barriers for bringing foreign nationals into the US for professional development. �In his first year the President wanted to make sure scientists around the world who wanted to visit the US to participate in conferences and seminars could do that,� says Chopra. �We have streamlined that process and efforts so they can participate in ways that are a lot more friendly to their participation.�




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  • lazycis
    02-18 04:27 PM
    "The spouse and children of a person who has previously immigrated to the U.S. may be entitled to obtain an immigrant visa at a later date. If you would like to see if you are eligible for follow-to-join status, please send us (consulate in India) a copy of the principal applicant's permanent resident card or I-551 or a copy of the principal applicant's passport pages indicating admission to the U.S. as an immigrant. Please also submit a copy of your birth certificate and/or marriage certificate. The documents must come with a letter of request clearly indicating the name of the applicant(s) and all relevant contact addresses and telephone numbers. Once the Immigrant Visa Unit has determined you are eligible for follow-to-join status, we will contact you and provide instructions on how to apply for the visas."

    In this case baby would qualify for follow-to-join visa.

    I do agree with wandmaker that having child in the US is much much more preferable.




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  • Lasantha
    02-06 06:48 PM
    H1B Stamping in Halifax Canada (only for revalidation)

    She told me ( as with other applicants) that my information is not in the new system called PIMPS, so its possible that I could not get my passport the next day at 3 pm.


    PIMPS? :D
    I think it's PIMS. :cool:



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  • TeddyKoochu
    05-19 03:09 PM
    I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.

    I agree with you that these days it is really hard to get any kind of visa the inherent intent is to deny. I also happen to know of acase first hand where H4 was denied (E-E Memo).




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  • glus
    10-09 01:07 PM
    I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

    1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

    2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

    3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


    I shall be thankful to you to get my answer.



    Thanks & regards,
    SU1979

    This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.

    As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.

    Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.

    Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.




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  • Siddharta
    09-26 04:41 PM
    If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.

    Are you 100% sure about this.




    desi3933
    06-25 11:44 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.

    1. Apply I485 as future employment (GC Job Offer from Employer A)
    2. Same as #1
    3. No, as long as you have job offer for open future GC job
    4. Yes. AC-21 can be invoked.
    5. Same as #1 seems to be better option

    Not a legal advice
    -----------------------
    desi3933 at gmail.com




    learning01
    04-06 10:11 PM
    There is no serious effort by the republicans. They are fractured, divided, into groups. They have no motivation to get this comprehensive bill passed. I have been observing the tactics and attitudes of these republican senators and democratic senators. I am more shocked by the game of one-upmanship on the part of Frist, Kyl, Cornyn, Craig. I don't see rhyme or reason in their sppeches. The bill has no life for the next 3 weeks.
    i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
    whn i went to immigration-law.com, they say the following

    cud someone tell me which one is true??????????

    We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
    The development is accompanied by three other developments:
    President released statement supporting the bi-partisan agreement;
    Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
    Senate also relected the Republican Kyl' motion for his amendments.
    Now we see the light at the end of the tunnel!!



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