san3297
09-02 09:17 AM
I went to border and security deffered inspection site at Raliegh NC from this url
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
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casinoroyale
08-21 03:28 PM
Yes, i used AP before and after that I got my H1B extended with the same employer. I want to get visa stamped as I am still single and need to retain H1B status.
Based on other's experiences and attorney's suggestions, it seems like one can enter on AP if there are delays in visa issuance, however, i was always cautioned that there might be problems at POE but I have not come across such case (atleast thru forums). Also, I do not think there will be any problems using old or new petition at the consulate for visa stamping as long as its not-expired (obviously).
CasionRoyale,
From your previous posts, I gathered that you entered US using AP sometime ago. Now are you going to H1 stamping with a amended H1 petition or are you just using the old petition?
Do you expect any issues using old petition?
If there are any can we enter using AP?
Thanks
Based on other's experiences and attorney's suggestions, it seems like one can enter on AP if there are delays in visa issuance, however, i was always cautioned that there might be problems at POE but I have not come across such case (atleast thru forums). Also, I do not think there will be any problems using old or new petition at the consulate for visa stamping as long as its not-expired (obviously).
CasionRoyale,
From your previous posts, I gathered that you entered US using AP sometime ago. Now are you going to H1 stamping with a amended H1 petition or are you just using the old petition?
Do you expect any issues using old petition?
If there are any can we enter using AP?
Thanks
ufo2002
08-16 03:54 AM
Cuba isn't the only communist nation.
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
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gccovet
02-11 03:20 PM
Hi Folks,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
concatct bombino@ NY, their boys fly to India daily basis.
GCCOvet,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
concatct bombino@ NY, their boys fly to India daily basis.
GCCOvet,
more...
ras
05-24 12:44 PM
You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...
Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..
This is such a grey area, I bet even USCIS is not clear on what they would do...
I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.
Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..
This is such a grey area, I bet even USCIS is not clear on what they would do...
I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.
WaldenPond
06-30 05:45 PM
Hello baleraosreedhar,
FOIA application takes not more than 10-15 days in few states. Anybody could easily get a copy of labor certification from the Department of Labor of the state in which it was filed. The process is generally very simple and is free. I would suggest most people should file for FOIA and get a complete copy of their labor certification documents even if it is approved. You never know when you may need it.
For I-140 also one could file FOIA. But it is best for you to file FOIA with USCIS through an attorney. You only need a copy of the approval notice of
I-140. If you know the tracking number, it would be very easy to file FOIA. But as I said, it would be best to ask an immigration attorney when filing FOIA application with USCIS. Or you may use the services of private company like www.foia.com to have a professional file and handle your application for pretty cheap (around $100).
There is no benefit of going into the argument with your employer about the right or ownership to Labor certification, I-140 or I-485 documents. If you have a copy of your ETA-750 (know the description in ETA-750 form) and copy of approval notice of I-140, you could easily change jobs after six months of filing I-485. And that seems to be the fear of your current employer.
If you may consider changing employer after filing 485, then no need to argue with the employer. It will just spoil the environment for the time you are there. Simply file FOIA and do what is best for you and your family.
Just my 2 cents. Hope this is useful.
WaldenPond
Hi Gurus,
I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.
My company has filed for my I140 and it got approved.
I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.
I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.
I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.
Thanks
FOIA application takes not more than 10-15 days in few states. Anybody could easily get a copy of labor certification from the Department of Labor of the state in which it was filed. The process is generally very simple and is free. I would suggest most people should file for FOIA and get a complete copy of their labor certification documents even if it is approved. You never know when you may need it.
For I-140 also one could file FOIA. But it is best for you to file FOIA with USCIS through an attorney. You only need a copy of the approval notice of
I-140. If you know the tracking number, it would be very easy to file FOIA. But as I said, it would be best to ask an immigration attorney when filing FOIA application with USCIS. Or you may use the services of private company like www.foia.com to have a professional file and handle your application for pretty cheap (around $100).
There is no benefit of going into the argument with your employer about the right or ownership to Labor certification, I-140 or I-485 documents. If you have a copy of your ETA-750 (know the description in ETA-750 form) and copy of approval notice of I-140, you could easily change jobs after six months of filing I-485. And that seems to be the fear of your current employer.
If you may consider changing employer after filing 485, then no need to argue with the employer. It will just spoil the environment for the time you are there. Simply file FOIA and do what is best for you and your family.
Just my 2 cents. Hope this is useful.
WaldenPond
Hi Gurus,
I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.
My company has filed for my I140 and it got approved.
I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.
I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.
I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.
Thanks
more...
rampabbaraju
02-09 07:47 PM
When I was entering into US with a passport valid for next 9 months, I showed my new H1B(I797) document to the immigration officer in the airport. I got I-94 based on the date in my H1B document not by the passport expiration date.
I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.
I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.
I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.
I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.
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lostinbeta
10-21 10:18 PM
Um, I don't know anything about that. I just heard that he left because he wanted to do other stuff.
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Poofiness..... ummm..... airbrush tool :P
more...
DSLStart
07-30 07:28 PM
Just produce the docs thet asked. As for the pay difference, the labor mentioned salary is supposed to be paid to you once you receice GC. Don't worry about it.
Hello,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
Hello,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
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braindrain
09-03 01:25 PM
Any help??
more...
roseball
11-19 12:45 PM
i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
This shouldnt be a problem as H1 is a dual intent visa.....Its not like F1 or Visitors Visa where you have to show intent to return home......You should be fine.....
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
This shouldnt be a problem as H1 is a dual intent visa.....Its not like F1 or Visitors Visa where you have to show intent to return home......You should be fine.....
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saketkapur
07-06 05:48 PM
I had asked Ron Gotcher on his forum the same question.....below is what he had to say obout it.......
You should be ok......just keep renewing your documents.
Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)
Re: Entered on AP,valid H1B,do I need to get I-94 extented
--------------------------------------------------------------------------------
Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
__________________
You should be ok......just keep renewing your documents.
Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)
Re: Entered on AP,valid H1B,do I need to get I-94 extented
--------------------------------------------------------------------------------
Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
__________________
more...
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nixstor
09-18 10:54 AM
I dont feel that its a cosmetic change, while I agree that it can lead to some confusion. But there are orgs which have done it succesfully in the past. I thought it might give a better chance for us to give every one an idea abt what we are doing without getting on here or not coming her on to the website thingking "yet another org working for illegals"
I agree that the paperwork that needs to be done might be a lot. Our presence is predominantly on the website. I mean no offices etc.. Redirecting requests on the web aint a big deal. People who go to IV will be redirected to LIV. I am not trying to take over and drive in a new direction. As I said, this might not be the exact need of the hour with congress in session. Core members can discuss this when they feel its pertinent.
I agree that the paperwork that needs to be done might be a lot. Our presence is predominantly on the website. I mean no offices etc.. Redirecting requests on the web aint a big deal. People who go to IV will be redirected to LIV. I am not trying to take over and drive in a new direction. As I said, this might not be the exact need of the hour with congress in session. Core members can discuss this when they feel its pertinent.
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lazycis
12-17 10:49 AM
The letter does not say anything. It just says that your I-485 is denied.
It does not give nay reason. It does not even say to appeal..
Thanks
The USCIS cannot do that. They are required to provide a reason for the denial by regulations. I've never seen a NOD without a letter with an explanation.
It does not give nay reason. It does not even say to appeal..
Thanks
The USCIS cannot do that. They are required to provide a reason for the denial by regulations. I've never seen a NOD without a letter with an explanation.
more...
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saibaba
12-18 03:51 PM
You can set up register on the website of USCIS. After you get an account, put in your case receipt #, and you can monitor the progress of the case.
I did it on 12/06 and it shows the same date since then...
in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...
so can I consider that there are no recent LUD's on our 485 apps?
thanx a lot for the info...
I did it on 12/06 and it shows the same date since then...
in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...
so can I consider that there are no recent LUD's on our 485 apps?
thanx a lot for the info...
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abhijitp
07-18 07:00 PM
I think if you got the I-140 approval before mid-August you should be able to apply for AOS. If I were you, I would keep everything (birth certificates, medical exams, photographs, etc) ready and even the application forms completed.
more...
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rajutata
08-25 09:23 AM
You can apply for visitor visa and visit canada. if you PR is approved before you need to go to Canada, You do not need any visa
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arjunram
04-22 10:24 PM
so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!
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BEC_fog
04-23 10:55 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
rsrajendran
07-19 01:05 PM
Spill over from FB should go to most retrogressed EB category regardless of the EB1,2,3,..
In this case, if any spill over from FB should go to EB3-I. I dont know whether spill over will happen from FB or NOT.
In this case, if any spill over from FB should go to EB3-I. I dont know whether spill over will happen from FB or NOT.
vin13
12-04 10:05 AM
Hi vin13,
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We did not have to prove the relationship. It was a hospital letter stating the person had passed away.
Again, all i can tell you is go with what you have and try. there are no specific rules or standard procedure. Each IO officer may look at it in different ways.
When you go, take your I-485 receipt notice, 2 passport size photos in case they ask you to fill a new application.
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We did not have to prove the relationship. It was a hospital letter stating the person had passed away.
Again, all i can tell you is go with what you have and try. there are no specific rules or standard procedure. Each IO officer may look at it in different ways.
When you go, take your I-485 receipt notice, 2 passport size photos in case they ask you to fill a new application.
