shimul99
10-04 04:20 PM
my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
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fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
shankash
06-14 06:44 PM
My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.
Anyone has experience who filed I-485 MTR and it was successfull through this attorney.
Please PM me if you do not want to share the experience in public.
Anyone has experience who filed I-485 MTR and it was successfull through this attorney.
Please PM me if you do not want to share the experience in public.
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psaxena
08-06 08:41 PM
Join the donor, the fun is right in their.
Friends,
There used to be a number of threads created / discussed every day on IV... those good ol' days... a lot of good discussions on a variety of topics, including immigration:D
But of late I am seeing fewer threads on IV and wondering what could be the reason.
1. Either a lot of folks got greened and stopped visiting IV
2. or a lot of folks lost jobs & abandoned their GC process
3. or a lot of folks got frustrated and left for their home countries
Is this just me feeling this way or...?
Friends,
There used to be a number of threads created / discussed every day on IV... those good ol' days... a lot of good discussions on a variety of topics, including immigration:D
But of late I am seeing fewer threads on IV and wondering what could be the reason.
1. Either a lot of folks got greened and stopped visiting IV
2. or a lot of folks lost jobs & abandoned their GC process
3. or a lot of folks got frustrated and left for their home countries
Is this just me feeling this way or...?
more...
reddy77
12-16 05:40 PM
Hello Immi Gurus,
My wife's Advance Parole is approved and we moved to the new address on the same day they mailed the document, I have updated the Address with USCIS online after couple of days. Its been 10 days and I still didn't get Advance Parole to my old Address, been checking with the present owners about the mail. They have removed our name from the slip which is inside the mail box. I am not sure whether post office returned it or still didn't get the document.
Please advice whats the next step, Should I wait for couple of more days and then call the USCIS? In case, if the document is returned to USCIS, how difficult is to get the document again to the new Address, we are planning to go to India soon.
I would really appciate if someone could update me on this. Thanks so much ....
My wife's Advance Parole is approved and we moved to the new address on the same day they mailed the document, I have updated the Address with USCIS online after couple of days. Its been 10 days and I still didn't get Advance Parole to my old Address, been checking with the present owners about the mail. They have removed our name from the slip which is inside the mail box. I am not sure whether post office returned it or still didn't get the document.
Please advice whats the next step, Should I wait for couple of more days and then call the USCIS? In case, if the document is returned to USCIS, how difficult is to get the document again to the new Address, we are planning to go to India soon.
I would really appciate if someone could update me on this. Thanks so much ....
desi3933
06-16 04:53 PM
Do I need to provide any proof during the interview stating he is my step son? or the documents between the mother and the son will suffice?
Proof that he is biological son of your wife (birth certificate).
___________________
Not a legal advice.
Proof that he is biological son of your wife (birth certificate).
___________________
Not a legal advice.
more...
mdipi
10-20 09:42 PM
how......................:q:
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gconmymind
09-19 12:25 PM
Anytime your place of work changes on H1, your company should file an amendment to the H1B labor certification stating your new place of work.
Hopefully, the officer at the consulate wont ask and you wont have a problem.
Personally, I have my client's location as well as my company's location on my H1 LCA.
Hopefully, the officer at the consulate wont ask and you wont have a problem.
Personally, I have my client's location as well as my company's location on my H1 LCA.
more...
hcard
09-16 03:15 PM
We applied on June 15th (TSC) still waiting...currect EAD exp. next week :(
I applied on Jun6th and got my EAD 2 weeks back. I took infopass to expedite the process. The IO wrote an email to someone in TSC. I got approved next week. Give a try taking Infopass.
Good luck
I applied on Jun6th and got my EAD 2 weeks back. I took infopass to expedite the process. The IO wrote an email to someone in TSC. I got approved next week. Give a try taking Infopass.
Good luck
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achu
08-06 04:51 PM
thanks for the information.
any form do I need to submit to USCIS in the above case? and what is N-400 is it related to citizenship?
regards,
achu.
any form do I need to submit to USCIS in the above case? and what is N-400 is it related to citizenship?
regards,
achu.
more...
aadimanav
06-03 12:36 AM
This bill is dead.
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venkatpuli
07-19 04:04 PM
Same thing happend to me. I am also waiting for reply.
KSVREG, Please let me knwo if you get any update on this.
KSVREG, Please let me knwo if you get any update on this.
more...
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AllIzzWell
03-19 10:09 AM
bb08/jvs,
thank you for your inputs.
I filled the DS160 and took an appointment at US consulate yesterday night with out the photograph. Looks like we can submit the photograph along with the confirmation letter on the day of interview.
I thought we needed to upload the photograph for completing DS160 but that does not seem to be the case. Did any of you experience this?
Thanks
thank you for your inputs.
I filled the DS160 and took an appointment at US consulate yesterday night with out the photograph. Looks like we can submit the photograph along with the confirmation letter on the day of interview.
I thought we needed to upload the photograph for completing DS160 but that does not seem to be the case. Did any of you experience this?
Thanks
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Templarian
04-13 02:29 AM
Another fun contest. Great work on the entries :fab:
I think I'll sit out and be a judge next time around (hopefully it's the T-shirt one, could really use a nice Kirupa T-shirt).
I think I'll sit out and be a judge next time around (hopefully it's the T-shirt one, could really use a nice Kirupa T-shirt).
more...
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CHHAYA
04-26 01:01 PM
I am working on EAD and want to work 20 hrs. What is the risk involved in I-485 processing? Thanks in advance for any light.
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pa_arora
07-31 05:14 PM
Some of us will be seeing approvals starting tomorrow, the magic date AUG 1, 2008.
Please post ONLY approvals, LUDs, audits starting Aug 1.
Good luck to all.
Thanks
Please post ONLY approvals, LUDs, audits starting Aug 1.
Good luck to all.
Thanks
more...
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lfadgyas
04-16 01:55 PM
I'm in the process about to use "AC21"
Original employer filed I40 under "electrical engineer" :: SOC Code 17-2071 (approved)
have EAD but never used.
Inside the job description there are entitled strong software background - job duties included programming and software development also. As a requirement a 3year of Software Engineering experience was entitled also.
Situation: Laid off, but received a job offer letter. BUT the position is "software engineer" job code is some 15-XXXX.
Detailed job description/duties will be the same;
Old employer/layer is not revoking anything, willing to help.
Will this stand if they request an EVL or later on the road?
According to my research they not strict about the job codes they more go by the job description and duties.
I'm sure lots of folks are in the same situation, please advice.
Original employer filed I40 under "electrical engineer" :: SOC Code 17-2071 (approved)
have EAD but never used.
Inside the job description there are entitled strong software background - job duties included programming and software development also. As a requirement a 3year of Software Engineering experience was entitled also.
Situation: Laid off, but received a job offer letter. BUT the position is "software engineer" job code is some 15-XXXX.
Detailed job description/duties will be the same;
Old employer/layer is not revoking anything, willing to help.
Will this stand if they request an EVL or later on the road?
According to my research they not strict about the job codes they more go by the job description and duties.
I'm sure lots of folks are in the same situation, please advice.
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stemcell
03-03 10:49 PM
To all the physician members of this forum....
Conrad 30 program is up for extension on march 6.
According to shusterman.com although the extension is gonna take place, they plan to make physicians exempt from employment based category as long as they work in medically underserved areas....
If this bill includes the physician clause that will be a lifesaver for a lot of people and also help in visa retrogression albeit little bit.
Hope it passes....any thoughts anyone?
Conrad 30 program is up for extension on march 6.
According to shusterman.com although the extension is gonna take place, they plan to make physicians exempt from employment based category as long as they work in medically underserved areas....
If this bill includes the physician clause that will be a lifesaver for a lot of people and also help in visa retrogression albeit little bit.
Hope it passes....any thoughts anyone?
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bobzibub
10-04 03:27 PM
you can also change employers immediately. Your spouse is the primary applicant, and hte 180 day AC21 rule applies to her. You can:
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
solaris27
07-02 09:46 AM
when you leave this country you need to give your i-94 every time so how you have more then one ?
nogc_noproblem
04-05 10:39 AM
Provide the details!!!
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
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