Ann Ruben
10-22 12:26 PM
Kuyt,
As a general rule, the person or entity petitioning for (sponsoring) a person (beneficiary) for lawful US immigration status must be a legal resident, asylee, refugee or citizen of the US up to and including the point in time that the beneficiary is granted lawful status. There are possible exceptions to this rule. To provide advice regarding your situation more information is necessary:
What is the sponsor's current US immigration status? What is the nature of the potential criminal conviction? Is the person being sponsored the principal beneficiary of an immigrant petition or is s/he a derivative beneficiary because the "sponsor" is actually the principal beneficiary? Is the immigrant petition employment based? Family based?
As a general rule, the person or entity petitioning for (sponsoring) a person (beneficiary) for lawful US immigration status must be a legal resident, asylee, refugee or citizen of the US up to and including the point in time that the beneficiary is granted lawful status. There are possible exceptions to this rule. To provide advice regarding your situation more information is necessary:
What is the sponsor's current US immigration status? What is the nature of the potential criminal conviction? Is the person being sponsored the principal beneficiary of an immigrant petition or is s/he a derivative beneficiary because the "sponsor" is actually the principal beneficiary? Is the immigrant petition employment based? Family based?
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kisana
06-26 09:34 AM
Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.
harrydr
03-29 10:15 AM
Friend,
Just went thorugh this 3 weeks ago. Same case as yours both for me and my wife. Wrong date stamped on my I-94 while returning from India.
Called the local international airport cutoms division and they made me come down to the airport and after showing the correct documentation issued new I-94 cards with correct I94 dates. Try this and you should face no problems i hope.
I'm from Michigan and i went to the Metro airport in detroit.
Just went thorugh this 3 weeks ago. Same case as yours both for me and my wife. Wrong date stamped on my I-94 while returning from India.
Called the local international airport cutoms division and they made me come down to the airport and after showing the correct documentation issued new I-94 cards with correct I94 dates. Try this and you should face no problems i hope.
I'm from Michigan and i went to the Metro airport in detroit.
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dano
05-05 10:37 AM
anobody? i really need your advice.
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pappu
03-10 04:33 PM
Thanks. Any ideas how we can make the WIKI popular. We should make this a useful resource for everyone.
arc
02-09 08:46 PM
Call or Visit your nearest Indian Embassy they should have information on their web site, they usualy take a week and charge 40$.
I did it 1 year back I remember the procedure was real straight forward in San Fancisco.
good luck,
I did it 1 year back I remember the procedure was real straight forward in San Fancisco.
good luck,
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amaze
10-30 04:26 AM
i c..so what do u think about it apart from the tv series?
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whattodo21
04-20 01:31 PM
John McCain: Illegal Immigrants 'Intentionally Causing Accidents On The Freeway' (http://www.huffingtonpost.com/2010/04/20/john-mccains-strange-clai_n_544559.html)
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mnq1979
06-30 05:15 PM
I have a question, on 25 june i got a RFE, i have not received it yet neither did my lawyer. The case status shows that both me and my wife got the RFE. I think its most probaly to produce the Birth Certificate.
My wife BC is in the process and i think i will be able to get it by the end of the week.
My question is that if i am unable to get the BC of my wife in time, is it possible to buy some more days from USCIS. Like CAN USCIS provide SOME ADDITIONAL TIME SO THAT I CAN GET THE BC OF MY WIFE AND THEN SUBMIT. I DONT KNOW WHATS THE DEADLINE IS BUT I BELIVE ITS A VERY CLOSE CALL !!!! AND I MIGHT NEED SOME MORE TIME TO PRODUCE THE BIRTH CERTIFICATE.
PLEASE ADVISE. THANKS IN ADVANCE!!!!
My wife BC is in the process and i think i will be able to get it by the end of the week.
My question is that if i am unable to get the BC of my wife in time, is it possible to buy some more days from USCIS. Like CAN USCIS provide SOME ADDITIONAL TIME SO THAT I CAN GET THE BC OF MY WIFE AND THEN SUBMIT. I DONT KNOW WHATS THE DEADLINE IS BUT I BELIVE ITS A VERY CLOSE CALL !!!! AND I MIGHT NEED SOME MORE TIME TO PRODUCE THE BIRTH CERTIFICATE.
PLEASE ADVISE. THANKS IN ADVANCE!!!!
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gclabor07
08-25 07:34 PM
Friends,
I am in a difficult situation. I am in my 6th year. H1B expires Feb 2008.
My company filed labor last year November 2006 and it was denied due to some specific language missing from our application like "All suitable combination of education, training or experience" acceptable. So we ended up refiling our PERM application in July 2007 in Atlanta DOL. It has been pending since then.
Now, because my H1B expires in another 5 months, it is absolutely necessary for me to get PERM approved, then apply I-140 using premium processing and then apply for H1B extension. Based on Atlanta DOL's speed, I'm hoping my labor may get approved in October or November. Last year, when I changed my company, I didn't anticipate that my labor will get denied and on top of that USCIS will suspend I-140.
Does anyone have any insight on when premium processing for I-140 may start again? What strategies do you offer to extend H1B?
Thanks.
I am in a difficult situation. I am in my 6th year. H1B expires Feb 2008.
My company filed labor last year November 2006 and it was denied due to some specific language missing from our application like "All suitable combination of education, training or experience" acceptable. So we ended up refiling our PERM application in July 2007 in Atlanta DOL. It has been pending since then.
Now, because my H1B expires in another 5 months, it is absolutely necessary for me to get PERM approved, then apply I-140 using premium processing and then apply for H1B extension. Based on Atlanta DOL's speed, I'm hoping my labor may get approved in October or November. Last year, when I changed my company, I didn't anticipate that my labor will get denied and on top of that USCIS will suspend I-140.
Does anyone have any insight on when premium processing for I-140 may start again? What strategies do you offer to extend H1B?
Thanks.
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ajp5
08-05 04:50 PM
There is just one thing you can do......pray........however gods immigration dept is as slow as USCIS............IV community will attest to that:)
Ofcourse you dont need approved h1b to leave the country......only to come back..so if you will be there for a few weeks you can get PP done till then........make sure stamping etc is taken care of before you show up at POE.........
Ofcourse you dont need approved h1b to leave the country......only to come back..so if you will be there for a few weeks you can get PP done till then........make sure stamping etc is taken care of before you show up at POE.........
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pbojja
04-15 11:50 AM
Can you please update the status of your case ? As my 140 recently transfered to TSC . Also we see this trend for others .
We appreciate your response .
We appreciate your response .
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srn04
01-19 09:19 AM
1.) Is it true that nurses do not need to undergo Labor Certification when applying for an immigrant visa because nurses are considered as shortage occupations? How does the labor certification process for nurses vs other professionals/workers differ? Is it the pre-certification and recruiting process (that does have to be completed) under PERM?
2.) If a nurse on H1B visa is petitioned by her current employer for green card, which is preferable (in terms of better chances of being approved, easier processing, lesser requirements): to petition her using the same position (specialty occupation), or as a staff nurse?
2.) If a nurse on H1B visa is petitioned by her current employer for green card, which is preferable (in terms of better chances of being approved, easier processing, lesser requirements): to petition her using the same position (specialty occupation), or as a staff nurse?
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gc_in_30_yrs
09-16 08:11 AM
funny still interesting.
in order to reduce the crime rate, they should prolong the GC process!
in order to reduce the crime rate, they should prolong the GC process!
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kumarc123
08-26 10:11 AM
Hi All,
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
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yabadaba
12-28 06:23 AM
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
Thanks bestia. I am hoping they wont need to call me in for biometrics since i already got that done for my 485. but its uscis...who knows what they do.
Thanks for answering my q!:D
Thanks bestia. I am hoping they wont need to call me in for biometrics since i already got that done for my 485. but its uscis...who knows what they do.
Thanks for answering my q!:D
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illusions
03-31 05:42 PM
i'll be at work at that time, hopefully i'll read it online. Thanks fot the tip.
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vchip
04-07 04:28 PM
This is from my lawyer,
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
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belmontboy
12-29 09:25 PM
I would be going for my H1B renewal stamping, would appreciate if someone responds to this question.
123Wait
10-25 05:58 PM
I attended the last telecon and it was very informative. Let show our issue to the real person "Ombudsman". where things move faster!!!!
Who is ombudsman?
An ombudsman is an official, usually appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.
en.wikipedia.org/wiki/Ombudsman
Who is ombudsman?
An ombudsman is an official, usually appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.
en.wikipedia.org/wiki/Ombudsman
snathan
05-16 12:32 PM
Hi,
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
Yes...you will be out of status during that period.
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
Yes...you will be out of status during that period.
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