harsh
05-31 09:37 AM
The reason for denying visitor's visa depends from person to person. If a person is young then they have a lot more burden of proving that they will return back to their homeland than say parents of someone whose son / daughter is here.
Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.
Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.
And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.
Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.
Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.
And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.
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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
simple1
05-12 03:07 PM
Ok, for this Attorney thread, some one is pouring red on me.
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augustus
05-12 02:59 PM
Well, his job responsibilities are now more than before. I am not sure if this new position requires a masters degree.
It is the same employer but just a different job. The lawyer we have is always scared. We tried to do EB 2 about 2 years ago, she filed everything but retrieved the whole process when she felt we may have an RFE.
I don't know. I am so confused.
It is the same employer but just a different job. The lawyer we have is always scared. We tried to do EB 2 about 2 years ago, she filed everything but retrieved the whole process when she felt we may have an RFE.
I don't know. I am so confused.
more...
chillfakter
02-11 04:15 PM
I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
qualified_trash
01-08 03:33 PM
you guys are missing the point. contest rules have to be followed to the letter because they are a legal contract. if the rules state that the parents have to be legal residents then that's the way it is. if they decide to change the rules for the next contest due to political pressure , fine. but now they are opening themselves up to lawsuits for not following their own contract. i think it's funny how so many people are in favor of breaking the law as long as it suits their agenda. oh wait these are all people in favor of people breaking the law to come to america illegally. correct me if i'm wrong.
why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
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AB1275
12-17 12:42 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
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sdeshpan
07-10 04:44 PM
dude its around 4 yrs.. ;-)
Oh right...I actually wanted to write 3 yrs, ended up typing 2 yrs...and it actually is close to 4 yrs (3.10)...wow!
Oh right...I actually wanted to write 3 yrs, ended up typing 2 yrs...and it actually is close to 4 yrs (3.10)...wow!
more...
mohitb272
12-10 06:54 PM
I was hired by my present company as a software engineer. I did development for 3 yrs and the company later moved me to a Business Analyst's role later. However, my labor application lists my job duties as s/w Engineer in a programmer's role.
Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.
Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.
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franklin
02-09 02:39 PM
franklin...good thread.
Just would like to request you and others who are responding to this thread...to take a look at the following thread.
http://immigrationvoice.org/forum/showthread.php?t=2700
This is one of the action items , Pappu has requested to participate several times. Can I request you and others who are visiting this thread to take a look and action.
This is going to increase IV membership too.
Absolutely. Everything we can do to increase membership must be done, I'm certainly not suggesting an either / or situation.
Yes, mad cows, golf and bad food :cool: Make mental note to search for "bad food" websites too :D
Regarding my self-deprecating comments - we always apologize! Just trying to defuse a situation before it even happens !
Just would like to request you and others who are responding to this thread...to take a look at the following thread.
http://immigrationvoice.org/forum/showthread.php?t=2700
This is one of the action items , Pappu has requested to participate several times. Can I request you and others who are visiting this thread to take a look and action.
This is going to increase IV membership too.
Absolutely. Everything we can do to increase membership must be done, I'm certainly not suggesting an either / or situation.
Yes, mad cows, golf and bad food :cool: Make mental note to search for "bad food" websites too :D
Regarding my self-deprecating comments - we always apologize! Just trying to defuse a situation before it even happens !
more...
doubleyou
05-20 09:36 AM
I agree that recapture is a big issue, but background check is also another issue that affects many IV members.
It just does not matter if wheter one is a paying member or non paying member, i am sure that there are paying members who are also having same issue.
As a start IV should get a count of members who are in the background check doloop.
It just does not matter if wheter one is a paying member or non paying member, i am sure that there are paying members who are also having same issue.
As a start IV should get a count of members who are in the background check doloop.
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Winner
04-21 03:39 PM
Thanks.
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
Now that is news to me. Can any attorneys confirm this?
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
Now that is news to me. Can any attorneys confirm this?
more...
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ivar
11-05 10:01 AM
Case resolved!!
All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.
Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.
Good to hear that you got your approval. Very few people come back and give update about their case. Thanks for updating IV about the final result.
All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.
Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.
Good to hear that you got your approval. Very few people come back and give update about their case. Thanks for updating IV about the final result.
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newlife2
09-19 10:21 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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cfan666666
06-22 03:45 PM
Thank you for the information,
according to this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b0f860a07706d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
There are many mailing addresses for TSC
USCIS TSC
P.O. Box 851983
Mesquite, TX 75185-1983
USCIS TSC
P.O. Box 850965
Mesquite, TX 751185-0965
USCIS TSC
PO Box 850919
Mesquite, TX 75185-0919
USCIS TSC
PO Box 851182
Mesquite, TX 75185-1182
USCIS TSC
PO Box 852685
Mesquite, TX 75185-2685
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 279030
Dallas, TX 75227-9030
USCIS TSC
PO Box 851804
Mesquite, TX 75185-1804
Any idea for filing 485?
thank you and have a nice weekend.
according to this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b0f860a07706d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
There are many mailing addresses for TSC
USCIS TSC
P.O. Box 851983
Mesquite, TX 75185-1983
USCIS TSC
P.O. Box 850965
Mesquite, TX 751185-0965
USCIS TSC
PO Box 850919
Mesquite, TX 75185-0919
USCIS TSC
PO Box 851182
Mesquite, TX 75185-1182
USCIS TSC
PO Box 852685
Mesquite, TX 75185-2685
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 279030
Dallas, TX 75227-9030
USCIS TSC
PO Box 851804
Mesquite, TX 75185-1804
Any idea for filing 485?
thank you and have a nice weekend.
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gveerab
08-21 11:06 PM
Don't worry about GC, all these calculations are useless. Based on your luck your GC will be approved, not based on all these logical things.
If you invoke AC21, that might trigger GC approval also. :D
:D
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
If you invoke AC21, that might trigger GC approval also. :D
:D
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
more...
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dpsg
03-25 11:00 PM
I think timesofindia has a right to report news. They are not a lobby group ..they are a newspaper. Give them a break.
Although I do agree It is a poor quality newspaper, You can clearly see cheap shots on its main webpage.and the news selection for headlines is extremly british tabloid kind...flashy and worthless .
They also run "economictimes" for business news, which is considered premier business newspaper in india... I feel really disappointed when
I compare its quality with "wall street journal" or "businessweek".
Although I do agree It is a poor quality newspaper, You can clearly see cheap shots on its main webpage.and the news selection for headlines is extremly british tabloid kind...flashy and worthless .
They also run "economictimes" for business news, which is considered premier business newspaper in india... I feel really disappointed when
I compare its quality with "wall street journal" or "businessweek".
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nramesh30
08-02 02:04 PM
Hello All,
As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.
"My brother entered into the U.S around 2004 with
valid H1B stamping for company A. He was there only
for few months . He didnt work on any project
and he doesnt have any pay stubs. Before he left the
US, company B filed for his H1B visa . After filing
H1B he went back to india and later accepted
a different position in singapore . H1B for company B
was approved successfully after few months.
Its been nearly almost 2 years since that happened .
H1B for company B is valid till sep 2007
Now company C filed for his H1 just few weeks before
and it was approved successfully. He wants
to travel to U.S now and start working for company C .
He went to singapore U.S consulate for H1B visa
stamping for company B. Unfortunately it was rejected.
221(g) . Reason officer gave him was " u
need to have 13 years experience to take up this job".
My brother tried to explain to them . But they wouldnt
listen. Also they retained all the H1B documents
related to comapny B.Also they have put an entry in
his passport saying 221(g) and the date.
Company C is still asking him to travel to U.S , since
he has a valid visa stamping with company A until Aug
26 2006. My brother has valid H1B petition thru
company C which is valid till june 2009.
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
2)Will there be questions at the port of entry ?
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
4)Any chance he wont be let inside U.S ?
5)Can he show them the h1b approvals for company C ?
6)Any tips to handle the officer at POE?
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Any little help is also appreciated.
I need answer mainly for question 1 and 8
As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.
"My brother entered into the U.S around 2004 with
valid H1B stamping for company A. He was there only
for few months . He didnt work on any project
and he doesnt have any pay stubs. Before he left the
US, company B filed for his H1B visa . After filing
H1B he went back to india and later accepted
a different position in singapore . H1B for company B
was approved successfully after few months.
Its been nearly almost 2 years since that happened .
H1B for company B is valid till sep 2007
Now company C filed for his H1 just few weeks before
and it was approved successfully. He wants
to travel to U.S now and start working for company C .
He went to singapore U.S consulate for H1B visa
stamping for company B. Unfortunately it was rejected.
221(g) . Reason officer gave him was " u
need to have 13 years experience to take up this job".
My brother tried to explain to them . But they wouldnt
listen. Also they retained all the H1B documents
related to comapny B.Also they have put an entry in
his passport saying 221(g) and the date.
Company C is still asking him to travel to U.S , since
he has a valid visa stamping with company A until Aug
26 2006. My brother has valid H1B petition thru
company C which is valid till june 2009.
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
2)Will there be questions at the port of entry ?
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
4)Any chance he wont be let inside U.S ?
5)Can he show them the h1b approvals for company C ?
6)Any tips to handle the officer at POE?
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Any little help is also appreciated.
I need answer mainly for question 1 and 8
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09-09 03:14 PM
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bmoni
08-21 10:34 PM
Thanks bushman06.
maheshf
07-31 12:10 PM
FYI: Last year, my wife (Dependent) got her EAD before mine was approved. Like i said, if u start looking for trends (and something that makes sense) the way USCIS works, u will most likely be disappointed.
They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.
You are right...It's random..just received �Card Production� notification for my wife as well..
They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.
You are right...It's random..just received �Card Production� notification for my wife as well..