prem_goel
12-03 10:24 PM
I have...
Frist stamp from INDIA (home country),
2 Visa Stamps from Washington DC
Last stamping from Matamoros (Mexico)
Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?
YEs, but I am not a lawyer. Secondly you should refer to the US Consulate at Tijuana's website for the latest rules. I believe as of now, you are since you have 1 stamping from your home country.
I met one guy during my stamping who had the same situation and he got approved. You have to show them the india stamping though, else they might get confused seeing your other stampings. Initially they said to him he was not eligible, but when he showed them his first India stamping they let him in.
Frist stamp from INDIA (home country),
2 Visa Stamps from Washington DC
Last stamping from Matamoros (Mexico)
Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?
YEs, but I am not a lawyer. Secondly you should refer to the US Consulate at Tijuana's website for the latest rules. I believe as of now, you are since you have 1 stamping from your home country.
I met one guy during my stamping who had the same situation and he got approved. You have to show them the india stamping though, else they might get confused seeing your other stampings. Initially they said to him he was not eligible, but when he showed them his first India stamping they let him in.
hyderabad123
01-04 01:51 PM
Hi Chris,
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
nandakumar
01-18 12:59 PM
Bump
WillIBLucky
12-13 12:54 PM
Thanks for your thoughts.
Cons
(a) How many EB visas will they increase in CIR?...
(b) Will they allow you to file I-485 before your visa number is available.
(c) How stable would be your job be in comming years
(d) What year of your H1 B are you in.
1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)
1a) favourable ... 1b) -- ?????
2) If Eb numbers increase a) allow you to file I-485 to get EAD.
b) Eb num increases but no I-485 until date becomes current.
2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.
2b -- opposite to 2a
3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
current.
b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then
Your decision....
I may be wrong but I need GC quicker
Cons
(a) How many EB visas will they increase in CIR?...
(b) Will they allow you to file I-485 before your visa number is available.
(c) How stable would be your job be in comming years
(d) What year of your H1 B are you in.
1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)
1a) favourable ... 1b) -- ?????
2) If Eb numbers increase a) allow you to file I-485 to get EAD.
b) Eb num increases but no I-485 until date becomes current.
2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.
2b -- opposite to 2a
3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
current.
b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then
Your decision....
I may be wrong but I need GC quicker
more...
dtekkedil
07-03 10:47 AM
I guarantee you they won't do a thing with it. in fact they won't even be able to take it home (the workers that is) because they are not allowed to, it's almost like accepting bribes, right? Hey I have an idea, let's all apply lipstick and kiss a piece of paper and send that :D yes, even guys, it's for the greater good:D
LOL!
You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???
It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!
LOL!
You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???
It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!
mmanurker
12-31 03:46 PM
It maybe a case of load balancing between service centers, but sending to Vermont is odd after they started bi-specialization. Generally I have heard between Texas or Nebraska and in some cases to Local offices. Did the transfer notice say... we are transferring to speed up your case....?
My case was also transfered from Texas to Vermont. I spoke to our company's attorney and here is what they told me:
The USCIS is sharing its work load among the 4 service centers...the transfer is part of the administrative processing...I dont see any issues with it...so, dont worry about it...
Here is the online status on my case:
Current Status: Case Transfered to Another Office for Processing
On September 30, 2008, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our VERMONT SERVICE CENTER location for processing and sent you a notice explaining this action.
I guess its happening randomly though but does not mean anything.
My case was also transfered from Texas to Vermont. I spoke to our company's attorney and here is what they told me:
The USCIS is sharing its work load among the 4 service centers...the transfer is part of the administrative processing...I dont see any issues with it...so, dont worry about it...
Here is the online status on my case:
Current Status: Case Transfered to Another Office for Processing
On September 30, 2008, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our VERMONT SERVICE CENTER location for processing and sent you a notice explaining this action.
I guess its happening randomly though but does not mean anything.
more...
sk.aggarwal
11-11 04:49 PM
My 2 cents:
Dont take this lightly or depend on free services. Call and schedule a paid consultation with good immigration firm. I am sure you will get your money's worth. Atleast you will know if anything could be done to salvage the situation
Dont take this lightly or depend on free services. Call and schedule a paid consultation with good immigration firm. I am sure you will get your money's worth. Atleast you will know if anything could be done to salvage the situation
GCBy3000
05-18 09:22 AM
I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.
more...
franklin
10-11 11:54 PM
The September rally was a disaster!!!! We were promised CIR reform in the beginining of this year. Even after a rally, what has been achieved? Nothing!
I am sorry for sounding pessimistic, but despite all attempts we have been successful. Is this because of our cause getting mixed up with illegal immigration? Is it due to inaction on part of lawmakers? Is it due to ineffective lobbying by IV? Or is there a need to change the IV strategy and leadership?
What is the cause, people?
With all due respect, why on earth do you think this type of outburst is productive?
Were you involved in the rally? No.
Are you active in your state chapter?
What makes you think you are qualified to make this kind of outburst? Unless, of course, your aim was to be thoroughly disrespectful to dedicated people working for no thanks to make your life better.
I am sorry for sounding pessimistic, but despite all attempts we have been successful. Is this because of our cause getting mixed up with illegal immigration? Is it due to inaction on part of lawmakers? Is it due to ineffective lobbying by IV? Or is there a need to change the IV strategy and leadership?
What is the cause, people?
With all due respect, why on earth do you think this type of outburst is productive?
Were you involved in the rally? No.
Are you active in your state chapter?
What makes you think you are qualified to make this kind of outburst? Unless, of course, your aim was to be thoroughly disrespectful to dedicated people working for no thanks to make your life better.
vladdrac
06-11 03:57 PM
yes you cannot go wrong with boobies
more...
indio0617
09-21 04:53 PM
Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
calaway42
10-20 02:18 AM
gosh!! you experts!! what do i need to learn to be able to graphic design like you guys!?!? help!~:P
more...
skd
07-08 11:06 PM
IV core , can we also post our such questions like July 2nd "fiasco".
And rather as family question (like this video) we can do as IV organisation question ?
What do you say ?
And rather as family question (like this video) we can do as IV organisation question ?
What do you say ?
IV_Friend
03-29 04:39 PM
Dear Attorney,
My Brother is working Employer "X" on H1B.
His employer started his Green Card Processing in 2007.
His Labor (PD 2007) and 140 are approved by 2008.
Because of some reasons he had leave the employer "X" and Join Employer "Y".
Employer Y, willing to start green card process.
Can my brother use prior Priority Date?
Please advice. I Appreciate your help.
My Brother is working Employer "X" on H1B.
His employer started his Green Card Processing in 2007.
His Labor (PD 2007) and 140 are approved by 2008.
Because of some reasons he had leave the employer "X" and Join Employer "Y".
Employer Y, willing to start green card process.
Can my brother use prior Priority Date?
Please advice. I Appreciate your help.
more...
jettu77
10-05 02:15 PM
I am a July 2nd filer, sent my app to NSC and got transferred to TSC , received the receipts on Sept 6th and the notice date is Sept 4th.
I was on phone with NSC customer support and was asking about AP status and the rep was saying that they are currently processing June 17th 07 AP documents and they process by the date the app's get entered into their system.
Rep asked me to wait for 90 days from the notice date for AP status.
I am not sure if this is correct and wanted to see if any one is in the same situation.
I was on phone with NSC customer support and was asking about AP status and the rep was saying that they are currently processing June 17th 07 AP documents and they process by the date the app's get entered into their system.
Rep asked me to wait for 90 days from the notice date for AP status.
I am not sure if this is correct and wanted to see if any one is in the same situation.
stemcell
03-07 11:53 PM
Londontown
sorry to hear about your denial.
Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.
I am not sure if this process is followed for everyone as each case has its variables.....
hope this helps...
sorry to hear about your denial.
Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.
I am not sure if this process is followed for everyone as each case has its variables.....
hope this helps...
more...
kamal
08-04 02:27 PM
Hi,
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
3. If so how would I approach from here?
4. Has anybody similar experiences with their employers?
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
3. If so how would I approach from here?
4. Has anybody similar experiences with their employers?
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
tnite
07-26 09:27 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I think your lawyer is too optimistic about EB3 March 2005 being current in the immediate future.Maybe he's right .I dont know
But looking at the possible choice you have mentioned :
1.This is the best option . ie you apply for I485 right now and add you wife when she's in the US later when the date is current.The reason being that for USCIS to approve your GC the date should be current and if its current then you're eligible to apply for your wife's I485.Its a loop. For one thing(GC Approval) to happen the other thing(Date being current) has to happen.
2.The 2nd choice is same as the 1st one. Many here are prediciting that there will be severe retrogression in the Oct bulletin and no one with a right state of mind can even guess the dates at this point of time.
3.Why do you think it would be a grave mistake in life? If you think u'r taking a big risk then make your wife's status independent of your's by applying for H1b or F1 which is option 4. You should talk to a lawyer about the intent issues on F1 visa. I am not aware of that. I know that if one's one F1 or any other non-dual intent visa they shouldnt(risky and chances are higher for denial) apply for any immigrant visa within 90 days of their arrival or in your wife's case change of status.Search for more info on the web.
But my choice would be the first one. It's not risky for the reasons I had mentioned.
my 2 cents
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I think your lawyer is too optimistic about EB3 March 2005 being current in the immediate future.Maybe he's right .I dont know
But looking at the possible choice you have mentioned :
1.This is the best option . ie you apply for I485 right now and add you wife when she's in the US later when the date is current.The reason being that for USCIS to approve your GC the date should be current and if its current then you're eligible to apply for your wife's I485.Its a loop. For one thing(GC Approval) to happen the other thing(Date being current) has to happen.
2.The 2nd choice is same as the 1st one. Many here are prediciting that there will be severe retrogression in the Oct bulletin and no one with a right state of mind can even guess the dates at this point of time.
3.Why do you think it would be a grave mistake in life? If you think u'r taking a big risk then make your wife's status independent of your's by applying for H1b or F1 which is option 4. You should talk to a lawyer about the intent issues on F1 visa. I am not aware of that. I know that if one's one F1 or any other non-dual intent visa they shouldnt(risky and chances are higher for denial) apply for any immigrant visa within 90 days of their arrival or in your wife's case change of status.Search for more info on the web.
But my choice would be the first one. It's not risky for the reasons I had mentioned.
my 2 cents
sam2006
08-03 12:27 PM
we just have to live it :)
or we can work towards making the Sep 13 Rally success
or we can work towards making the Sep 13 Rally success
misha
07-21 04:34 PM
I am curious - Did you get a receipt notice for your wife? I have E-filed for AP for my family. I have got the paper receipt for me but not for my family. I am wondering if there is a pattern here.
Thanks,
Mitesh
I got the 1st AP receipt notice for my wife with I485 and EAD receipts in about 1 week after they entered our case into the system (September 2007). On October, 2007 she received EAD card but never received the actual approved AP.
I did not apply for EAD and AP. I'm still on H1B
Thanks,
Mitesh
I got the 1st AP receipt notice for my wife with I485 and EAD receipts in about 1 week after they entered our case into the system (September 2007). On October, 2007 she received EAD card but never received the actual approved AP.
I did not apply for EAD and AP. I'm still on H1B
gc_75
07-17 05:48 PM
Here is the link:
http://www.murthy.com/uscis_update.pdf
no you have until august 17, 2007.
see murthy.com
pk
http://www.murthy.com/uscis_update.pdf
no you have until august 17, 2007.
see murthy.com
pk
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