Saturday, June 11, 2011

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  • krishnam70
    05-01 04:48 PM
    Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.

    Just make sure you covered all the bases and reply to them. It might not hurt to include another copy of your birth certificate and translation just for the heck of it along with your explanation who knows may be the earlier one got misplaced or messed up

    - cheers
    kris





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  • raysaikat
    07-13 01:27 AM
    Hi

    My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following

    a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn


    The school cannot pay her stipend unless she has SSN. They might still be able to waive tuition, though.


    B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing


    You can file I-140/I-485 while your wife is in F1. There is no risk to the green card processing. However, applying I-485 for her might end her F1 and put her into AOS (you need to ask lawyers for this; it is a bit unclear and I have seen contradictory responses).



    C)If she continues on H4 visa, can she still get scholarship?


    If the scholarship requires her to "work" (for example, being a teaching assistant or research assistant), then most probably no since persons with H4 are not allowed to "work". However, if the scholarship requires no "work", then she may be able to do so while being on H4.

    I think the test is if she has to pay taxes for the scholarship money. If yes, then she cannot do so on H4, otherwise she may be able to do it.



    if not once she graduates would she be in special US master degree quota for H1B?

    Any help on these would be great

    Thanks

    Once she gets a master's from a US university, regardless of her status while she was in the university, after graduation she will be eligible for special H1-B quota (if it still existed that time).





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  • jimcourier
    06-08 08:29 PM
    Good news..

    Status changed to :- Approval notice sent.

    Boy oh boy..what a thriller..

    Thanks for all your comments and wishes, I will update this thread, when I hopefully get the visa stamped and come back into the country :)





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  • satyachowdary
    06-01 12:10 PM
    My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.

    In the subject line, put : I-485 Multiple I-140s

    Body of the email :

    Dear Sir/Madam
    I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
    Please contact me if you need any other information.

    My case receipt numbers:
    EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
    EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
    I-485: Receipt# SRCXXXXXXXXXX

    Primary details:
    First name :
    Last name :
    A# :
    485 receipt number :

    Spouse Details:
    First name :
    Last name :
    A# :
    485 receipt number :

    Thanking you

    Sincerely,
    Name
    Address
    Ph No :
    Email :



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  • no_more_anger
    05-07 06:16 PM
    My brother moved jobs early last year. He filed AC21 and got an RFE immediately.
    The move was parallel in job function and the pay was good.

    They replied to the RFE and then never heard back. In these economic times, USCIS
    is scrutinizing every doc that gets filed.

    Just an experience....





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  • jsrajavel
    09-20 07:45 PM
    EAD expiring tomorrow 9/21/2010.Can I continue to work? My renewal is still pending. I submitted EAD renewal application on 7/22/2010. If my employer is OK with EAD renewal application, can I continue work?



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  • ravik904
    12-14 09:05 PM
    Hi All,
    Can some one advice whether I can qualify for EB-2 Category?

    I am a Chartered Accountant from India with 10 years of Post Qualification Experience.

    I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.

    I do not have any other master degree like M. Com / M.Sc etc.

    Would I qualify for EB-2 Category ?

    Regards





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  • kshitijnt
    05-11 03:20 AM
    Dont worry. As long as you have last 3 months paystubs, always present them to INS even if they dont ask for it. For your last 2.5 months of bench check with your employer if he will give you a letter for unpaid leave of absence. Many people on H1 face this problem.

    As meridiani said, you should visit india once before filing 485 and before your current visa stamp expires.



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  • BraveMadMan
    07-17 11:55 PM
    Totally agree. Let's relax for a few days, and then move on to tackle the issues





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  • senk1s
    04-16 04:33 PM
    earliest is 120 days from expiration

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD



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  • rsdang1
    07-01 10:35 AM
    I would encourage you to talk to a doctor of Indian origin. Also she may need to do a 3 year residency...





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  • mailsunnydeol
    08-05 01:07 PM
    Did you had to go for an interview or another fingerprinting before you got the welcome email ?
    Neither an interview nor fingerprinting.



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  • waitingmygc
    09-09 08:16 PM
    Hi YesWeWillGet,

    Is your friend filed EB-2 with same EB-3 employer or different?

    Now these days, three months is surprising.





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  • Asfandyar
    08-22 06:10 PM
    SKIL Bill--S-2611--Introduced to the House, May Raise H-1B, EB Quotas
    The SKIL Bill has been introduced to the House of Represenatives by nine congressmen, all Republicans. (The acronym stands for "Securing Knowledge Innovation and Leadership.") If passed into law, S-2611 would raise the H-1B cap to 115,000 and the EB quota to 290,000. It would also exempt spouses and children from the quota, which would certainly eliminate the current 5-year backlog in the EB-3 category. Many agree that the SKIL Bill is important to the U.S. economy.


    SKIL Bill: Who, What, Why?

    The SKIL Bill would help programs bring well-educated foreign talent together with U.S. employers who say they are suffering a shortage of skilled workers.

    Introduced by Representative John Shadegg (R-AZ), the SKIL Bill would reform the H-1B visa system as well as the employment- based (EB visa) green card process. Cosponsors include representatives John Campbell (R-CA), K. Michael Conaway (R-TX), John T. Doolittle (R-CA), Jeff Flake (R-AZ), Peter Hoekstra (R-MI), Michael McCaul (R-TX), Mike Pence (R-IN), John Shimkus (R-IL) and Todd Tiahrt (R-KS).

    The United States has found itself in a state of lacking competitiveness due to the difficulties that foreign students and workers have encountered with the U.S. visa process. The SKIL Bill's introduction to the House sends a message that the Bush Administration and the U.S. Congress alike are addressing this issue and taking it seriously.

    Some of the highlights of the SKIL Bill (Securing Knowledge Innovation and Leadership) include:

    -EB and H-1B cap exemptions for foreign workers educated in the United States who have earned a graduate degree. U.S. educated foreign workers with master's or higher degrees.

    -Making the H-1B process and cap more flexible, based on market needs, so that U.S. employers are not severely delayed from hiring essential foreign talent for months at a time.

    -Extending optional post-graduate work (practical training) from 12 months to two years, so that these highly skilled, U.S.-educated foreign workers have a better chance of attaining green card status and using their talents in the States.

    -Exempting spouses and children of EB green card applicants from the annual EB immigrant visa cap, which would free up these visas for the professionals themselves.

    Reasons Behind the SKIL Bill

    For more extensive details, see the entire text of the SKIL bill.

    http://shusterman.com/pdf/skil506.pdf



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  • prioritydate
    08-06 05:35 PM
    I have an LUD on my I-140 on 04/20/2008(Sunday)





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  • validIV
    03-25 02:00 PM
    My advice to you, seek an immigration lawyer and don't play games with them, like you're doing here. If you are unemployed tell them. If you're not unemployed tell them. You are only hurting yourself by dancing around the issue.



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  • sukhyani
    01-27 11:43 PM
    These are minor things, although annoying, but I wouldn't worry about them. I guess it's just your GC interview. The good thing is that they are processing your case. I would suggest taking your lawyer with you. When is your interview? Just curious what is the time frame. Good luck.

    Thanks

    Interview is scheduled during the first week of March.





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  • ajm
    03-24 10:49 AM
    Don't the per-country limits apply to the total number of immigrants (all categories of family and employment preferences) from a country? If so, it is incorrect to say that there will be only 4350 visas (10% of 15% of 290,000) available in each EB category for any one country. The correct reading, in my opinion, is that no country can get more than 77,000 immigrant visas (10% of 480,000+290,000) in any year.





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  • manishcp
    06-02 08:08 AM
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    gcformeornot
    09-25 03:53 PM
    When 140 is revoked USCIS generally send NOID and ask from a offer letter from intended(new) employer. If you can not provide a letter from new employer... they will deny 485.... sorry.

    Your EAD is valid, but it is useful only if you have a new job.





    gc28262
    07-30 12:36 PM
    Every lawyer is a businessman. And every businessman has a success story to tell to advertise himself. And you are unknowingly doing viral marketing. Look up on Google what viral marketing it. Has any of these lawyers done viral marketing of IV or greencard backlog action items on their forums and newsletters? So why are you advertising them? You go around town asking lawyers if they did any case successfully Showing a Valid Employer-Employee Relationship. And you will mostly get Yes answer so that they get more business. So why promoting only one lawyer.

    Not sure why some folks make a big deal about some lawyer getting some advertisement. I don't work or favor any specific lawyer. I am posting some information that could be helpful to the community. If you read through that posting, you will see some smart wordings that could shut out USCIS memo.

    Consider it for its content rather than who is writing it. For me IV is the primary forum. All other websites just supplement the information. We should welcome information wherever it comes from if we can benefit from it.



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