Thursday 9 June 2011

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  • nousername
    09-11 08:26 PM
    Has anyone recently used AP to enter the US from San Francisco, CA?

    I would appreciate if you can please share your experience and the documents you carried (showed) at the POE.

    Thanks




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  • va_dude
    03-04 03:51 PM
    The url forward is for admins to decide. What does it really buy us.

    But the home page clearly states this:-

    Immigration Voice is a national non-profit organization (501 (c) (4)) working to alleviate the problems faced by legal high-skilled future Americans in the United States. We act as an interface between this set of immigrants and the legislative and executive branches of the government.

    I think this makes it clear we are talking about legal skilled folks.

    just my 2 cents.




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  • gcdreamer05
    08-18 10:03 AM
    hi tx1 thanks for your reply.

    But if we do a E-File and if we select where was your 485 filed and pending as nebraska then it generates a LIN recipient notice number which is nebraska. (even if you live in a state for Texas)

    This is why it caused confusion for me. (even after reading 485 instructions)


    Also i read IV forums and saw attorneys recommend filing to the 485 pending center.

    So that is why i posted this question to the attorneys.




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  • glus
    04-17 07:54 AM
    This is Off-Topic, sorry about that, but this is the best forum i could think of to ask this:

    My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understand that we end up being personally liable and can even be sued if there is an injured party).

    Edit: This is in California

    In general a person with a valid visa can drive in the U.S. provided the person is in possession of a valid drivers license. However, if he is not on your insurance policy added as a driver and causes an accident, your insurance company is not liable and can refuse to pay the costs. If he is to drive your car, ask your insurance agent about this.



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  • GCanyMinute
    09-10 08:42 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.




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  • JunRN
    12-17 04:02 PM
    Let me answer:

    During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.

    If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.

    If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.

    What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.

    If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.

    If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.

    Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.



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  • Libra
    11-15 11:49 AM
    It's looks like all the members in MN got their GC's already.




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  • Alabaman
    06-16 09:19 AM
    I agree. I have been doing this for a while (sending emails to CNN and Fox News) but with no impact... but with many hands on board I think we would get a better chance.



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  • visshy
    09-15 12:52 PM
    so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?
    exactly what i was wondering...coz HR will ask for some legal documentation to back up the story of being able to go on unpaid leave, but having to be off payroll and then the I9...what happens to insurance then?

    her company is a US based company not desi consultant




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  • texcan
    09-02 04:58 PM
    I will be taking up a new job and I have been told by the new employer that, benifits will start after 30 days.

    I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??

    Any help is appreciated...


    AFAIK you can continue your insurance coverage as it was from previous employer only difference is that you will have to pay for it. Ask HR or Insurance Agent assigned/responsible for your employer.

    Alternatively you can buy short term insurance, i used Fortis many times in past. Its very cheap and will cover you between jobs. Search for short-term coverage.

    HTH
    -s



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  • insbaby
    11-12 10:42 AM
    Hi Connecticut members,

    There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
    http://immigrationvoice.org/forum/sh...ad.php?t=22182

    It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.

    State chapter leader,
    Please try to bring attention of your state members to this IV core approved effort.

    Thank you.

    Why have you created 56,098 threads on the same topic?




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  • chanduv23
    11-17 09:40 AM
    I got mine using EAD last year at Baytown, TX - I would say, it is one of the coolest DPS in Houston. All they need is your EAD and old license.

    The license would state that you are a temporary visitor and your status expires the day your EAD expires. Around the EAd expiry time, you get a notice that your drivers license will be invalid if you do not update the DPS with your new status information.

    I got greened in September, but still using the same old license as it is valid till September 2011.



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  • shadowbuddy
    03-15 11:27 AM
    What did your lawyer say about this? Now you have a delivery confirmation, did you lawyer suggest that USCIS consider the dates as of last year and process your resubmitted application. Certainly it is not your fault,,

    They said that they would request an exception in our case. We are going to request that based on our original submission date that our pending case have a current priority date. All dates were current for our case up until the April visa bulletin.

    I am really hoping that USCIS sees this error. Has anyone had any experience with USCIS? And were they cooperative?

    thank you for your reply.




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  • dontcareanymore
    04-02 01:37 PM
    Just so all can understand :

    Did you go for visa stamping while your current visa was valid and you came back to US with old (but valid) stamp while they are processing your request because they wanted more info?



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  • Khujaokutta
    05-15 05:25 PM
    This gentleman is Feb 06 and is worried about his wife's GC not being approved, while folks and a lot of 'Janta' like us have PD's before his, and are still waiting............makes me more and more dukheeeee.........




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  • Nagireddi
    03-16 12:09 PM
    You can try Mr.James Eiss. I am very happy with him. His web address is www.usvisahelp.com Good luck.



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  • hinvin66
    08-11 12:08 AM
    EB2-I PD: May 30, 2006

    The saga goes on...

    My original sponsoring desi company did not give me the labor that they filed for me in 2003, so I moved to company "A" after that. Read on...


    Second H1B 3-year extension beyond original 6 years !
    My PD is May 30. 2006 (beat the Aug 2008 VB by a day!) from company "A", I-140 (EB2-I) approved
    Ported to company "B", I-140 (EB2-I) approved (premium - 2007)
    Company "B" filed for 1st 3-year H1B extension using AC21 as backup
    Filed for I-485: RD=Aug 2; ND=Sep 17
    Changed to company "C" 2 months back using AC21 (don't know details of documentation sent - handled by company "C" legal department)
    Company "C" filed for 2nd 3-year extension H1B using AC21as backup
    FP done in Oct 2007
    Used AP for Int'l travel 6 times for business trips.
    Soft LUDs in Dec 2007, Feb 2008
    Applied for EAD renewal in July 2008
    Applied for AP renewal in Aug 2008
    Waiting for I-485 approval ... No RFE yet




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  • Blog Feeds
    02-08 06:10 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjsv4w1q7YvJIBLVcY4Yw0zPegk46Yzt65NMuUnyxaF3vAdi0kSXi9V7wtpghBeVlbWYKwSc-teoYUa7bUF_5kv7WXensOWFOLY_POidSj7XCKKyWCDeibFmktcQXlZJ1LfrOXEuvJvcNs/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjsv4w1q7YvJIBLVcY4Yw0zPegk46Yzt65NMuUnyxaF3vAdi0kSXi9V7wtpghBeVlbWYKwSc-teoYUa7bUF_5kv7WXensOWFOLY_POidSj7XCKKyWCDeibFmktcQXlZJ1LfrOXEuvJvcNs/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
    The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!

    If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!

    It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.

    When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?

    These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)




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  • natrajs
    02-13 11:32 AM
    I feel your pain. Here is my advice. Talk to your local Senator. I have been in contact with my local senator since Nov 2008. Finally, i got my I485 approved on 10th Feb, yet to receive cards though.

    My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.


    Dear sukant71

    I highly recomend it, My friend too got it like that. Don't wait anymore, What's the harm it is going to make by contacting your local Senator. You have been already going through lot pain and agony.

    I wish you best of luck.




    aranya
    07-03 06:27 PM
    What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?

    YES




    Raj_2009
    01-14 07:50 PM
    Dear Experts,

    Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
    I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
    Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
    Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)

    Questions :

    1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.

    2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
    3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).

    4. Pl. let me know which situation I am in(overlap or Gap)?

    Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.

    Thanks and Regards,
    Raj

    Dear Experts,

    Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
    I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
    Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
    Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)

    Questions :

    1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.

    2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
    3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).

    4. Pl. let me know which situation I am in(overlap or Gap)?

    Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.

    Thanks and Regards,
    Raj

    Hi Gurus,

    I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in a senior systems engineer position. This is the typical AC21 case like everyone experienced.

    Now My new company is ready to file green card

    My Questions are ,

    1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?

    2. While filing EB2 for the same job that moved in to the new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?

    3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?

    Kindly answer these questions.

    Thanks,
    Raj

    Hi Gurus,

    I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in the senior systems engineer position. This is the typical AC21 case like everyone experienced.

    Now My new company is ready to file green card

    My Questions are ,

    1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?

    2. While filing EB2 for this new Job in this new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?

    3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?

    Kindly answer these questions.

    Thanks,
    Raj



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