silpa_23
02-11 11:46 AM
I have valid H1B from June 2007- June 2010. I have reentered the united states twice ( Aug 2008 from India, July 2009 from U.K) on advance parole with out my H1B being stamped. Now my attorney thinks I am under parolee status and my H1B cannot be renewed. However, I am under the impression that my H1B extension can be filed as I am working for the same company and when I reenter the states, I could have my H1B stamped and I will have dual status with out losing EAD, AP and pending 485 application? Can you please indicate if there is any USCIS memo which indiactes H1B can be extended with out losing parole status/ pending 485 application?
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JazzByTheBay
09-11 10:20 PM
To all IV members and the core team:
Thanks a bunch for mobilizing members to get their voices heard - first at the historic San Jose rally of high-skilled legal immigrants, and now with this monumental effort in DC on September 18th.
Thanks to all your efforts (myself included), we were able to file for Adjustment of Status (AOS), EAD and AP in July, and had the extension till August 17th to file it for those of us who couldn't do it sooner.
Thanks also to the lawmaker(s), and others who voiced their opinions and drew attention to the plight of highly educated, skilled, tax-paying, brilliant, and entrepreneurial folks, waiting for their GCs for as long as a decade.
We finally received our EADs yesterday, and our APs have been approved (awaiting notices).
The road from here to finally becoming permanent residents and perhaps eventually citizens of this great country (for those of us who wish to) is a long, winding one, full of tricky situations, significant risks, and the inevitable delays by the agencies concerned.
We all need to collectively make our voices heard, tell the lawmakers, the media, and the world about our lives that we continue living in limbo, and will be forced to do so for a long long time if we don't act.
I WILL ENTHUSIASTICALLY JOIN THE DC RALLY NEXT WEEK.
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com)
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
I urge all affected and still on the sidelines to participate in every way that they can to make this organization and its efforts successful.
cheers, and see ya'll in DC!
jazz
--
Thanks a bunch for mobilizing members to get their voices heard - first at the historic San Jose rally of high-skilled legal immigrants, and now with this monumental effort in DC on September 18th.
Thanks to all your efforts (myself included), we were able to file for Adjustment of Status (AOS), EAD and AP in July, and had the extension till August 17th to file it for those of us who couldn't do it sooner.
Thanks also to the lawmaker(s), and others who voiced their opinions and drew attention to the plight of highly educated, skilled, tax-paying, brilliant, and entrepreneurial folks, waiting for their GCs for as long as a decade.
We finally received our EADs yesterday, and our APs have been approved (awaiting notices).
The road from here to finally becoming permanent residents and perhaps eventually citizens of this great country (for those of us who wish to) is a long, winding one, full of tricky situations, significant risks, and the inevitable delays by the agencies concerned.
We all need to collectively make our voices heard, tell the lawmakers, the media, and the world about our lives that we continue living in limbo, and will be forced to do so for a long long time if we don't act.
I WILL ENTHUSIASTICALLY JOIN THE DC RALLY NEXT WEEK.
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com)
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
I urge all affected and still on the sidelines to participate in every way that they can to make this organization and its efforts successful.
cheers, and see ya'll in DC!
jazz
--
rkumar18
09-26 07:04 PM
Hello,
I'm a Jul 2nd filer at NSC and got my receipts on Aug 12 with a notice date of Aug 8th.I'm yet to receive my FP notice.
Is anyone here in the same situation?
Thanks
I'm a Jul 2nd filer at NSC and got my receipts on Aug 12 with a notice date of Aug 8th.I'm yet to receive my FP notice.
Is anyone here in the same situation?
Thanks
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vin13
03-03 02:31 PM
I think what they are saying is that after 150 days and no FBI clearance, then they are introducting an additional request and FBI will direct USCIS whether to approve the case even without clearance.
If all these communications back and forth happens in a timely manner then it may not be too bad.
Note:They are saying that most of the FBI name checks are being processed within 90 days.
Hopefully this is not going to be a major issue.
If all these communications back and forth happens in a timely manner then it may not be too bad.
Note:They are saying that most of the FBI name checks are being processed within 90 days.
Hopefully this is not going to be a major issue.
more...
jettu77
05-12 02:34 PM
I am having my EAD and AP and I am not using my EAD.
EAD expires Sept 08
AP expires Oct 08
My question is
Can I renew AP only ?
If, I do not renew EAD will it be a problem in the future ?
Can I renew it after EAD has expired ?
Also, If I am renewing AP only, when does the 120 days rule come into picture.
Is it with the AP date or EAD date.
Your input will be appreciated.
EAD expires Sept 08
AP expires Oct 08
My question is
Can I renew AP only ?
If, I do not renew EAD will it be a problem in the future ?
Can I renew it after EAD has expired ?
Also, If I am renewing AP only, when does the 120 days rule come into picture.
Is it with the AP date or EAD date.
Your input will be appreciated.
Ramba
07-27 05:29 PM
~~~
The answer should be "yes". The job should be offered to foreign national for processing his/her PERM or GC. However, the job can be accepted by FN, only after USCIS authorization. That authorization can be either H1 or EAD or GC itself. In other words, you can accept the job even after getting GC; however, in order to process your GC, there should be always a job offer for you from sponser right from begining(PERM LC).
The answer should be "yes". The job should be offered to foreign national for processing his/her PERM or GC. However, the job can be accepted by FN, only after USCIS authorization. That authorization can be either H1 or EAD or GC itself. In other words, you can accept the job even after getting GC; however, in order to process your GC, there should be always a job offer for you from sponser right from begining(PERM LC).
more...
deardar
03-24 09:27 AM
Why dont you join the MA state chapter for IV and email the group so someone can get in touch with you and perhaps guide you to a good lawyer .
There are lot of knowledgeable folks in the group who might be able to help you out.
Thanks
There are lot of knowledgeable folks in the group who might be able to help you out.
Thanks
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Blog Feeds
06-09 02:10 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgaz1rzpTKGQPaRJZd6ItwkMD4EOCgs_gdGHH4rAzasf1D03OZTzVL1UuD6y_UGrEW9qLq-I6TJo5StuvEf7Zp_0EmhgyLJtvdIcrspNlsT1SwpCRn-Ga2ThGM_fIIL_KlJwDnGaXvohmqv/s200/gay+wedding.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgaz1rzpTKGQPaRJZd6ItwkMD4EOCgs_gdGHH4rAzasf1D03OZTzVL1UuD6y_UGrEW9qLq-I6TJo5StuvEf7Zp_0EmhgyLJtvdIcrspNlsT1SwpCRn-Ga2ThGM_fIIL_KlJwDnGaXvohmqv/s1600-h/gay+wedding.jpg)
Sen. Patrick Leahy ( D-Vermont ) introduced the Uniting American Families Act ( S. 424 ) earlier this year; it has 18 co-sponsors. The bill would allow same sex couples the same immigration rights as married heterosexual couples. Passage of the bill is likely to be tied to overall immigration reform.
At the moment, same-sex partners of legal immigrants do not have the same rights to dependent status that heterosexual spouses get. This is true even if the couple is legally married in their home country. Often, the "dependent" partner must apply for a B-2 visitor visa at the consulate, to accompany his/her partner. This visa is discretionary, and consulates could refuse to issue it. In addition, B-2 status does not allow the dependent partner to work in the US. Many heterosexual dependent spouses have a status that doesn't allow them to work either, however.
As the New York Times (http://www.nytimes.com/2009/06/03/us/politics/03immig.html) reports:
Senator Leahy�s bill would add the term �permanent partner� to sections of current immigration law that refer to married couples, and would provide a legal definition of those terms.
�I just think it�s a matter of fairness,� he said Tuesday in an interview, noting that a number of American allies, including Canada, France and Germany, recognize same-sex couples in immigration law. Photo by http://www.flickr.com/photos/boscobridalexpos/
http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-1281256503142232618?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/06/immigration-rights-for-gay-couples.html)
Sen. Patrick Leahy ( D-Vermont ) introduced the Uniting American Families Act ( S. 424 ) earlier this year; it has 18 co-sponsors. The bill would allow same sex couples the same immigration rights as married heterosexual couples. Passage of the bill is likely to be tied to overall immigration reform.
At the moment, same-sex partners of legal immigrants do not have the same rights to dependent status that heterosexual spouses get. This is true even if the couple is legally married in their home country. Often, the "dependent" partner must apply for a B-2 visitor visa at the consulate, to accompany his/her partner. This visa is discretionary, and consulates could refuse to issue it. In addition, B-2 status does not allow the dependent partner to work in the US. Many heterosexual dependent spouses have a status that doesn't allow them to work either, however.
As the New York Times (http://www.nytimes.com/2009/06/03/us/politics/03immig.html) reports:
Senator Leahy�s bill would add the term �permanent partner� to sections of current immigration law that refer to married couples, and would provide a legal definition of those terms.
�I just think it�s a matter of fairness,� he said Tuesday in an interview, noting that a number of American allies, including Canada, France and Germany, recognize same-sex couples in immigration law. Photo by http://www.flickr.com/photos/boscobridalexpos/
http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-1281256503142232618?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/06/immigration-rights-for-gay-couples.html)
more...
belmontboy
09-30 08:32 PM
Hi,
I have been in US for last 2 years on L1 B and my L1 expires in Dec 09.I My company has already applied for renewal. I wanted to know is it possible to file Green Card, once my petition is renewed, on my own even if employer is not interested in doing it. I am ready to pay my expenses and get it filed. Just wanted to know if it is possible. I have been with my employer for 4 years.
Regards,
AD
All Employment Based green cards must be filed/sponsored by an employer.
You cannot file by yourself.
I have been in US for last 2 years on L1 B and my L1 expires in Dec 09.I My company has already applied for renewal. I wanted to know is it possible to file Green Card, once my petition is renewed, on my own even if employer is not interested in doing it. I am ready to pay my expenses and get it filed. Just wanted to know if it is possible. I have been with my employer for 4 years.
Regards,
AD
All Employment Based green cards must be filed/sponsored by an employer.
You cannot file by yourself.
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peedith-aathma
07-23 02:39 AM
my manager decided that he is going to RIF me in October. I just filed for my AOS and EAD last week. So i would assume my receipt date would be some time in July.
I already have my I-140 approved with PD of Mar 2004
Please suggest what do I need to do ?. Since July to October is like 3 -months, I can get an EAD ( atleast Interim ).
So can I work on this EAD ?. What are the consequences ?. Should I re-start the whole process of Labor / I-140 / I-485 ? with the priority date of the I - 485 ?.
I am sooo fed up with this whole process already. But I don't want to leave this now. I will get the Green Card, and then take citizenship before I leave this country
PLease help.....
Edit/Delete Message
I already have my I-140 approved with PD of Mar 2004
Please suggest what do I need to do ?. Since July to October is like 3 -months, I can get an EAD ( atleast Interim ).
So can I work on this EAD ?. What are the consequences ?. Should I re-start the whole process of Labor / I-140 / I-485 ? with the priority date of the I - 485 ?.
I am sooo fed up with this whole process already. But I don't want to leave this now. I will get the Green Card, and then take citizenship before I leave this country
PLease help.....
Edit/Delete Message
more...
rally
07-10 05:52 PM
I have got this response from Congressional Liaison, when I asked them for Update on my case whether I have to wiat till Oct or not based on the recent update on visa bulletin.
They Sent me This Email:
Your I-485 received on 5/21/07 and the Southern Service Center(TSC) is working these types of applications filed 9/11/06. They received your biometrics from the ASC 6/13/07 and the case has been assigned to an Adjudicating Officer for review. But, by the processing times, you still has a little time to wait.
Couple of question: They received your biometrics from the ASC 6/13/07 : Is this mean my FBI and Name Check cleared : I did my FP on same day?
the case has been assigned to an Adjudicating Officer for review: Is this mean I am in the last stage of getting final decision?
Anyone ?
RajForGC,
How does one go about getting in touch with a congressional Liaison?
Thanks
rally
They Sent me This Email:
Your I-485 received on 5/21/07 and the Southern Service Center(TSC) is working these types of applications filed 9/11/06. They received your biometrics from the ASC 6/13/07 and the case has been assigned to an Adjudicating Officer for review. But, by the processing times, you still has a little time to wait.
Couple of question: They received your biometrics from the ASC 6/13/07 : Is this mean my FBI and Name Check cleared : I did my FP on same day?
the case has been assigned to an Adjudicating Officer for review: Is this mean I am in the last stage of getting final decision?
Anyone ?
RajForGC,
How does one go about getting in touch with a congressional Liaison?
Thanks
rally
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imh1b
06-01 12:56 PM
can you really claim refund? Is there any rule?
more...
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helcrase
04-07 08:22 PM
Hi,
I was on an F1 visa until Oct, 2008 and on H1-b visa after that.
The expiry date on my F1 visa stamp is in 2011.
I intend to convert from H1 to F1 . Do I require a new F1 visa stamp or will my old stamping be valid still?
Thanks in advance.
I was on an F1 visa until Oct, 2008 and on H1-b visa after that.
The expiry date on my F1 visa stamp is in 2011.
I intend to convert from H1 to F1 . Do I require a new F1 visa stamp or will my old stamping be valid still?
Thanks in advance.
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hopelessGC
11-05 01:14 PM
Is no one interested in commenting? If discussed before, can anyone send me to that post :confused:
more...
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undercovercisofficer
05-13 11:10 PM
TSC is not processing most EB3 I485. This is not supposed to be revealed publicly. It is wrong, so that's why I'm speaking out.
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suratvoice
01-28 03:02 PM
I have a original copy whereas the lawyer has the approved I140.
Should I ask for the original or is that copy good enough?
Should I ask for the original or is that copy good enough?
more...
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Blog Feeds
08-12 09:50 AM
I usually spend some time every day at my San Francisco Bay Area immigration law office making inquires on pending cases. It is a frustrating process because I rarely receive answers and when I do, they usually are not helpful.
United States Citizenship and Immigration Services ("USCIS") has recently released guidance on how to make inquiries at their Service Centers (http://www.californiaimmigrationlawyerblog.com/USCIS%20update.pdf). They provide a three step process. The first step is to call their National Customer Service Center at 1-800-375-5283. If the issue is not resolved in 30 days, you proceed on to the next step which is to email the USCIS Service Center where your case is pending. The email addresses are:
California Service Center csc-ncsc-followup@dhs.gov Vermont Service Center vsc.ncscfollowup@dhs.gov Nebraska Service Center ncscfollowup.nsc@dhs.gov Texas Service Center tsc.ncscfollowup@dhs.gov (tsc.ncsfollowup@dhs.gov)
If there is no response to the email, you proceed to the last step which is to notify the USCIS Headquarters office of Service Center Operations by email at SCOPSSCATA@dhs.gov. The notice indicates that you will receive a response from this email within ten days.
It remains to be seen whether this system actually works. I will try it out in a few cases and will report back what happens.
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/how_to_make_inquiries_for_immi_1.html)
United States Citizenship and Immigration Services ("USCIS") has recently released guidance on how to make inquiries at their Service Centers (http://www.californiaimmigrationlawyerblog.com/USCIS%20update.pdf). They provide a three step process. The first step is to call their National Customer Service Center at 1-800-375-5283. If the issue is not resolved in 30 days, you proceed on to the next step which is to email the USCIS Service Center where your case is pending. The email addresses are:
California Service Center csc-ncsc-followup@dhs.gov Vermont Service Center vsc.ncscfollowup@dhs.gov Nebraska Service Center ncscfollowup.nsc@dhs.gov Texas Service Center tsc.ncscfollowup@dhs.gov (tsc.ncsfollowup@dhs.gov)
If there is no response to the email, you proceed to the last step which is to notify the USCIS Headquarters office of Service Center Operations by email at SCOPSSCATA@dhs.gov. The notice indicates that you will receive a response from this email within ten days.
It remains to be seen whether this system actually works. I will try it out in a few cases and will report back what happens.
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/how_to_make_inquiries_for_immi_1.html)
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prioritydate
07-15 11:18 PM
So are these different from the finger prints that we take for EAD? For people who got their priority date current, do they ask for a separate finger prints again? Does anyone can shed some light on this?
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njboy
12-26 09:21 AM
we are all here for a little green square..its not green colored any longer, and is more rectangular than a square..its called a permanent resident card..
ComingToUS
05-16 04:16 PM
I'm coming to the US for the first time on H1B. Do I need a one way or a return ticket? My travel agent told me that since I have a multiple entry visa (expiring on Oct 2011) a return ticket is not required unless I need to travel back home within one year. Could someone with knowledge about this issue help me out. I would really appreciate a reply from someone who recently landed in the US on H1B.
Thanks
Thanks
pansworld
11-28 03:58 PM
Raise your hands!!!!