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  • nat23
    03-27 02:53 PM
    Guys,

    My wife is a Canadian citizen, what is the process of getting a H4 for her? (I am on an H1-140 approved).

    1)Do I file an app with USCIS?
    2)Can she go apply at the US consulate in Canada?

    What type of documents, forms are involved ?

    The reason for this post is I was given conflicting info by my old lawyer.


    Thanks

    Your wife should take an appointment at the closest US Consulate. She and you should then look up the list of documents needed on the website of that US Consulate.

    thats how I did it for my wife but she was from India.

    hope this helps.

    Cheers
    Nat




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  • bestin
    05-18 12:10 PM
    I would mention NO




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  • yabadaba
    11-14 05:01 AM
    Guys

    Please chk this URL its about lame duck session . I know its dated Nov 9th but still.

    http://thomas.loc.gov/cgi-bin/query/B?r109:@FIELD(FLD003+d)+@FIELD(DDATE+20061109)

    it says this.

    November 15 and 16, Subcommittee on Immigration, Border Security, and Claims, oversight hearings entitled ``The Energy Employees Occupational Illness Compensation Program Act: Are We Fulfilling the Promise We Made to Cold War Veterans When We Created the Program?'' (Parts IV and V), 2 p.m., on November 15 and 10 a.m., on November 16, 2141 Rayburn.

    I m confused with above details.

    Aj


    they are having an oversight hearing on a program that places cold war veterans in energy occupations and they were subject to illness. remember "Claims" in Subcommittee on Immigration, Border Security, and Claims.

    Please dont get confused so easily. They have more important matters than a few thousand skilled immigrants




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  • alftorino
    05-03 04:22 AM
    Thanks for the reply. Are you liberty to disclose your attorney's name ?



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  • ab_tak_chappan
    08-12 10:00 PM
    All EB2's will becomes current before your turn (with horizontal spillover in works now)
    does anyone havea any idea about the EB3 status for the rest of the world? please experts give us some hope....my PD is May 2006. Any hope soon????




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  • jliechty
    January 3rd, 2005, 01:17 PM
    You did well not to center the horizon (a common problem), though if you're going to show that much sky, I'd like to see something a little more interesting up there. ;)



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  • ExoVoid
    04-12 01:09 AM
    Here ya'll go, all fixed up.
    @Kirupa: Can you replace the one you uploaded before? It's just not up to standard :)




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  • smsthss
    02-18 07:52 PM
    Hi,
    I have an approved LC, I140 and I485 pending with EB3 PD DEC 04 supported by my employer. My employer recently filed an LC perm for another employee for the same position as mine under EB2. Can my employer use the same recruiting documentation used for this perm to file new perm for me under EB2 since both positions are w/ same title & description & same employer. Can someone answer this please.



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  • chanduv23
    02-02 08:52 AM
    Is there any list of H-1B sponsers who can sponser H1 for Dentist ?

    Lot of dentists maintain legal status by using Kaplan Visa ie they register for courses in Kaplan coaching and get i 20 from them. Guess u need get hold of these folks in their user forums, you may get a route how h1b sponsership works out.




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  • gsc999
    08-14 02:32 PM
    Drona:

    This is a good idea. It will drive new IV membership.

    g



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  • shana04
    01-30 07:06 AM
    I currently have approved EAD, I-140 and waiting for a Visa number to become available. My receipt date for I-485 was July 2nd 2007 and my notice date was September 27th. My employer is closing the IT department in March. Though it has been 180 days since my receipt date, it's not 180 days since my notice date. Will my I-485 processing be impacted when a Visa number becomes available? Also, will it be Ok if I'm out of a job for a short time while I'm looking for my next job? I sincerely appreciate the help and guidance in this matter.
    Thanks


    it's not 180 days since my notice date. Will my I-485 processing be impacted when a Visa number becomes available?
    No


    will it be Ok if I'm out of a job for a short time while I'm looking for my next job?
    .

    If you are planning to use EAD no problem, but if you are planning to use AC21 with H1B then you need to maintain valid status as specified in your H1B. i.e., if you can mainting the salary specified in your offer letter and if that matches your W2 for the year, then you are ok.

    These are my thoughts.

    Good luck my friend and I am in process of doing my H1B using AC21




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  • Blog Feeds
    05-17 01:40 AM
    The information that is provided in this post is relevant as of Friday May 15, 2009. This is coming from our local AILA chapter Chair.

    As many of our readers know, at the conclusion of the Marriage based adjustment of status interview, the immigration officer, upon approval, used to stamp the immigrant's passport with the I-551 (Green Card) stamp. This used to be an immediate proof that the case was approved and the applicant could work and travel using this stamp. As the actual production of the Green Cards became so fast, the practice of stamping applicants' passports stopped as well in most states across the nation.

    It seems that things are changing, hence the recent notice from USCIS. According to the notice we received, the Green Card Facility in KY is undergoing renovation. USCIS' card production capability will be reduced over the next several months. They will expand the use of ADIT Temporary Green Card stamps as temporary evidence of LPR status.

    The Stamps will be valid for 12 months (previously only 30 days validity was given). Work permits and travel documents (advance paroles) will be collected at the interview from the clients. The stamp will be the only proof of work and travel authorization in such cases. It looks like this policy will continue for the next 6-12 months. This is a nationwide policy and is not taking place only in San Diego.

    We will keep you posted with more information as it becomes available.



    More... (http://www.visalawyerblog.com/2009/05/san_diego_immigration_lawyer_u.html)



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  • kumar1305
    02-08 01:51 PM
    You can definitely do it and you friend can be your partner as long as he is not working for the LLC( getting salary from it).




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  • theshiningsun
    05-31 07:45 AM
    thx cloud9.

    You need to know SOC code/Job responsibilities/Salary for using AC-21.

    is this info available on the PERM approval?



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  • jbjeunice
    04-16 02:00 PM
    Hi, I am currently on my 5th year H-1B visa. I have an option to stay with the same firm and they will help me apply greencard. But I am also considering an opportunity in Bermuda for a 2-3 year program (with the same firm).

    My question is if I come back to the US after 2 years, will I be able to apply H-1B visa again? Will it be a whole new H-1B petition/application process subject to the H-1B cap?

    Or will it be just another H-1B renewal process following my previous two terms?

    Do I need to wait for another two terms of H-1B to expire before starting the greencard process?

    Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?

    Thanks,
    E




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  • Ramba
    10-29 06:19 PM
    Hi ,
    One of my friends applied for his GC thru a consulting company which he does not work for...He used to work for the company but left that company before he decided to file with them...Since he has good relations with the company, they decided to file for him.
    The company recently filed his I140 but they got a RFE on I140. INS wants to know why does the company want to hire him and why he left the company in the first place..does anyone in the forum has a similar experience to share...The RFE is actually for the conmpany but the owner wants my friend to write a letter and mail it to the lawyer. Any help is appreciated.

    First, employer or his agent only reply to RFE, not your friend.

    Second, it is a simple stright forward RFE, unless INS found some fishy thing (or doubting as it is a bonafide sponsership) as employee not working for sponser. May be they are trying to control future employee loop hole. Employer can write the reason why he left and why they want to hire him back. It is a strightforward easy question to answer.



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  • pappu
    12-11 11:31 AM
    Once you are a member aren't you automatically registring yourself to your state too?
    no you need to volunteer to do the state chapter work




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  • dilbert_cal
    05-07 06:55 PM
    Bump - In case someone else has some more information.




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  • theshiningsun
    08-03 08:57 AM
    hi attorneys,

    can u plz shed some light on this?

    thx in advance,

    hi attorneys,

    which visa can someone apply for it s/he intends to work as a caterer?

    is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?

    thx in advance,




    simikishore
    08-02 11:04 AM
    I am in the same boat. Attorneys, Gurus and Experts...please advice on this.


    Hi Attorneys and Experts,

    My GC finally recently got approved and wanted to know what is the minimum time by law, I can stay with my current employer that will not cause any issues during the application of citizenship later.

    I have following questions:

    � if I don�t work for my current employer for at least six months, What kind of issues comes up when applying for citizenship. What is the law.

    � How do the USCIS knows I worked for the current employer for atleast 6 months. Do we have to show six months paystubs or yearly W2s.


    All I am just trying to get a knowledge of what is the law.




    jagadeesh
    12-14 06:17 PM
    Thanks for your reply.



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  • sprint2004
    09-11 10:31 PM
    Hello all,
    First some background:
    I purchased a house this September and my apartment lease expires end of Sept. So I am basically living at both places and moving slowly. Anyway my USPS mail forwarding starts from 9/21.

    As far as immigration and change of address goes, based on my lawyers advise...I filled out the online AR-11 change of address and also updated address change for my 485/ap/ead ( I am a july 2nd candidate) pending cases as well. However, after downloading the pdf version of the AR-11 I realized I misspell "Lane" to "Land." Don't know if this is a huge problem. Anyway can I re-file the AR-11 and change of address for all the pending petitions again for myself and my spouse? Does anyone have any thoughts or could share their experience? I read somewhere its also a good idea to update address with local office by getting info pass appointment? Any comments/ thoughts?

    Also, in the AR-11 form I didn't provide email address, is that a big deal?

    I also read somewhere that its a good idea to print out the ar-11 and mail it as well? Any thoughts?

    Also, is the change of address instantaneous in uscis's system? Since I submitted my request today and I might do it again tomorrow (based on the response I get from this forum), and if USCIS happens to mail FP/EAD/AP (hypothetically speaking ) say next monday, will they mail to my old address or the new one? Just curious.

    I am kind of worried at a time like this and was hoping someone could share their thoughts and concerns.

    Thank you,




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  • hebbar77
    03-17 06:20 PM
    Hi Folks.
    Whats the cost of filing a motion to reopen the case 485 if wrongly rejected(either due to using AC21...). I mean lawyer fees + other fees.
    I am sure there are folks here who went through this.




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  • Hermione
    10-02 10:49 AM
    Applied for AP/EAD/485 in July 07.....I know that I can invoke AC21 after 180 days and change jobs.....My question is ,

    1. If I travel to India before the 180 days and use the AP when I return, is it like invoking AC21 before 180 days ?

    2. what are the consequences of using AP within 180 days after filing for 485 ?

    3. Is AP and AC21 related ? [brother, sister , cousin :) ]

    Thanks.

    1. No.
    2. None.
    3. No.

    AC21 changes the sponsoring employer on your green card petition (the one that you plan to work for upon final approval).




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  • sdrblr
    07-19 05:41 PM
    not necessarily



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  • nlssubbu
    03-24 03:13 PM
    Hello everyone,

    It is extremely unfortunate but I have lost my green card. I can�t seem to find it anywhere. I know that it has not been stolen, just lost! I need to apply for a replacement green card ASAP. I need to submit some initial documents along with my I-90 form for it. I have been trying to search on the internet regarding it but I can�t seem to find a clear answer.

    Long story short, could somebody please tell me what initial documents are there to submit along with my I-90 form? I have a copy of my original green card, but is there anything else required? Am I required to submit my photos along with my form?

    I would highly appreciate if someone could reply to my queries ASAP.

    Thank you very much in advance.

    When my wife lost it, I sent the copy of the green card along with I-90. I also went to the local USCIS office to get the stamp of I-551 on her passport as well.

    I believe they will schedule for fingerprinting and photo will be taken at that time. (eventually we did found her missing GC and cancelled the request and hence did not go through the entire process) :)

    Regards




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  • yabadaba
    10-25 04:09 PM
    my wife is moving to another employer. they filed her h1b transfer 2 weeks back. does anyone have an estimate on when she should get her receipt???



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  • ronhira
    10-01 07:46 PM
    American Worker.org is spreading false information. It is time we start to do something to stop it. Maybe we can register on it and spread the truth.

    & who r u..... publicist for anti immigrants...... y r u doing ads for anti immigrants.....




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  • nishant_u
    03-15 07:00 PM
    I am currently employed by a large US-based multinational firm on an H-1B visa. My 6 year limit on H1 expires on Nov 27, 2011.

    My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).

    Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.

    Question 1: Are these assumptions above correct?

    Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?

    I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.

    Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?

    If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.

    Question 4: Is the above assumption correct?

    Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?

    Appreciate any guidance.

    Thanks



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  • dummgelauft
    12-04 11:42 AM
    ..and let the Champagne sit in the chiller.

    Dude, this is ablip, for al lwe know. So many jobs have been lost, that there are not many more to lose. Companies aer already running on skeleton crews.
    Its like some person wanting to lose weight, first loses all his body fat, then not satified with it starts starving himself and starts to lose muscle mass, after that is gone, the only choice is to start cutting body parts off, to lose more weight.....

    These numbers have to improve consistently for a few months, even a year for any stable, long to meadium term gains...




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  • rvendra
    10-30 10:49 AM
    Dear All,
    In response to my service request on 9th Sept 2009, my I485 has been transferred to the USCIS Hialeah Florida office for further processing. Normally I -485 cases are forwarded to local offices for the purposes of scheduling an in-person interview. In my case I live in New York and no way connected to FL. I am curious anybody or any of your friend�s have similar experience.
    I really appreciate your response.
    I 485 EB 2 Priority date Dec 2003
    Filed in TSC in August 2007

    Thank you,



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  • jonty_11
    07-14 04:09 PM
    I think we need to ask Congress for fixing the LUD mess....C'mon

    LUDs mean nothing...Lets instead concentrate on IV initiatives on Home Page. Contact your local chapter for guidance.




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  • bostonian28
    02-20 01:12 PM
    So TSC advanced by 1 week in 1 month or so ? I wonder how many cases they have appoved in the last month or so.



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  • sembat
    06-15 09:40 PM
    I kept checking for the processing times for I-140 for my wife on the following link https://egov.uscis.gov/cris/jsps/ptimes.jsp under the Nebraska center. Till yesterday the post date was showing May 18th and the processing time for I-140 was shown as 'September 2006' today the posted date changed to 15th June but the I-140 processing date went back to 'January 2006'. Can someone explain how is this possible? Shouldnt the processing date mean that applications received till 25th Sept 2006 have been processed? If thats correct then how can the date go back to Jan 1 2006? I dont think this can be a typo, it must have some reasoning. I would appreciate if someone can explain this in the forum

    Thanks
    --sembat




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  • waitin_toolong
    09-19 08:38 AM
    at port of entry the old I-94 has no bearing, keep cpies of all old I-94s and hand them over when departing.

    You will have to get a new H4 stamped at the consulate and will get a new I-94 when you enter.

    You can present the courtsey copy but the main documents ae going to be your husbands H1 papers as were last time.



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  • ranand00
    02-09 07:03 AM
    Thanks for the reply
    I thought cap to non-cap transfer could be done anytime
    again if someone has similar experience or an attorney please reply
    thanks




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  • looivy
    04-14 12:37 PM
    Thanks rockstart for your prompt reply. I will follow the process.

    Use the AR 11 online process to change address do it seperately for yourself and your wife. When you have finished submitting new address the system will prompt you asking if you have any pending applications with USCIS. At that time enter the receipt numbers of all pending applications. This will do the needful. You can track the success by checking the case status in few days you can see a soft LUD on your pending applications. Also in few weeks you will receive a letter from USCIS at your new address that tells that they have updated the address. Some folks even call USCIS and verify the address change.



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  • sparklinks
    02-28 05:57 PM
    HI,

    I am on F-1 visa since Jan 2007. and got started my OPT in August 2009. I have on campus income through out the year in 2009. so how do I file the taxes, n which forms. for tax return 2009.

    also I got married to a F-1 student in Jan 2009. She is also having her OPT started in August 2009. She has income only on OPT (from Aug to Dec 2009) so which forms she should also file.

    my wife did paid her college fee in Jan 2009. and we have paid the rent through checks on leased apt.
    So can she/we ask for deduction of any kind?

    also which status we have to fill in. "Married filing jointly/separately".

    please reply as soon as possible.

    Suggesion to file 'Married filing jointly'.

    If both of you having 1098 forms from school you can file for Hope-credit (each gets $2500 credit, thats huge amount :) ). You cannot show the Apt. on tax form.




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  • chanduv23
    04-06 02:29 PM
    Folks - is anyone able to successfully add a new application receipt number into your portfolio at TSC?

    Is anyone able to successfully key in the receipt number and reach customer service via phone at TSC - for a new case?




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  • akhilmahajan
    11-10 11:15 AM
    If you are planning to send it through an attorney, dont forget to send the new G-28.

    Also, once u have sent it, i will suggest taking an infopass appointment after a month or so and making sure that the new lawyer information has been updated.

    GO IV GO.




    abhisec
    04-09 06:20 PM
    Hello All,

    I've been a IV member for a while now and this is a fantastic resource for someone like me who�s going through the immigration process.

    As a way to give back to this community, I would like to provide the users of this forum an early advantage to a job bootcamp that my team is planning for June: http://www.careertiger.com/job-bootcamp-silicon-valley-june-13th/

    As you can imagine, I'm trying to help people in Silicon Valley with their job search.

    Special early registration for IV members:
    Registration for this bootcamp start on April 12th, however for IV members, there's a way to get a leg up on the registration - http://tinyurl.com/IVmembers and reserve their special offer.

    If you have any questions for me, please feel free to PM me.


    - A




    vsoni
    03-08 02:18 PM
    Thanks K94, I am not French citizen.



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  • buehler
    02-06 06:00 PM
    I filed my I-485 in July 07 at Nebraska service center and my wife had her finger printing done a month or so ago but I am yet to get the notice. Is there some number I can call and check. My Lawyer is very uncooperative in this case.




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  • chandra140
    10-13 01:37 PM
    I got the 140 denial notice.....the reason was not clear...here it is......

    The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

    Can i know what reason did u got in ur 140 denial notice.




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  • pointlesswait
    09-30 02:05 AM
    ;-)

    Since USCIS is done with all I-485 cases, should they not allow filing of I-485 when PD is not current? Or at least they should allow filing I-485 for the people who's I-140 is approved and PD is not current.

    Should IV core take this up as next high priority admin fix item with USCIS?




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  • gmpa
    11-10 07:22 AM
    I have traveled by Emirates several times (last year was the recent one) and they did NOT require a transit visa.

    Thank you sunny 1000 and other friends for your responses.



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  • smsthss
    11-30 10:59 PM
    What was your attorney's response, for your question?
    he just send in copies of my degrees..




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  • ivgclive
    12-11 12:36 PM
    No. He got the new I797 recently and does'nt have VISA.

    Thats what probably triggered the 221(g).

    They have to verify documents on his visa.

    IV had few posts on this earlier in 2007, search for that. You can find some good information.



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  • saps
    01-02 01:31 PM
    Can someone please help me on this. I would really appreciate any help on this.




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  • myimmiv
    06-05 06:39 PM
    Hello all,

    I applied for I485 + I150 in June 2007 under EB3. My I-140 is still pending.

    Employer used a preappr labor with PD of May 2005. However, the lawyer gave me only the ETA 750B portion of the labor to fill

    Now, from some forum I found out that PERM was started in March 2006 and the form was 9089 to be used for labor after march 2005 filings.

    So, how did my employer file my labor using ETA750B part which was applicable for old labors ?



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  • maine_gc
    03-25 02:31 PM
    Can you please tell me which service center is it? My I40 got denied from TSC and my lawyer is working on the appeal.

    Thanks




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  • p_kumar
    06-20 03:37 PM
    This is the height of foolishness.trying to get US Citizen a green card....:rolleyes:



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  • novice4Tax
    03-09 05:53 PM
    There are some website that help you to prepare tax return, for example Finalysis.com, myIBSN.com.

    These guys are filing 2106 form for claiming employee job expenses and Misc deductions and getting more refund.

    In my case my offshore company (in India) has office in NY/NJ and I am working in Georgia state and for whole year 2007 i was working in Georgia state and I had never been to NY/NJ.

    In this scenario can i claim for rent/meals/commutation/laundry?

    There are many applicants filing through these tax preparer's approx 2,50,000 are these agencies reliable?


    - Thanks for your help




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  • ivgclive
    03-03 04:48 PM
    Murthy article at:
    MurthyDotCom : Temporary Government Shutdown: How Immigration Might be Affected (http://murthy.com/news/n_shutdo.html)

    the LCA part is most important.

    The shutdown has been delayed till March 18th, as per latest.

    Very nice to hear that there is one more way available to kill immigrants !



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  • good idea
    04-05 12:47 PM
    Thanks for reply. So at what stage candidate become part of communication in GC process. Or can start keep tracking the case.
    Thanks.




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  • Pasquale
    04-01 04:50 PM
    can I be batman?



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  • ras
    02-10 11:41 AM
    am thinking of working in the similer line.




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  • english_august
    01-13 10:28 AM
    Folks -

    We urgently need a few people from San Jose to talk to NPR about immigration issues. If you are available today (Sunday Jan 13) or in the next two days, please send me a PM with your phone number asap. Don't worry about what you will talk - I can help you with it.

    I've already tried contacting a few people from San Jose who had previously volunteered to be available to talk to the media but probably because of the weekend, I've not been able to get to them. So please other people from San Jose, please step up and help us out.

    Vikas



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  • go_guy123
    03-08 09:34 AM
    This report should be required viewing for every member of Congress and every US immigration official working on H-1B visa processing. Visit msnbc.com for breaking news, world news, and news about the economy

    More... (http://blogs.ilw.com/gregsiskind/2011/03/nbc-news-restrictive-h-1b-policies-are-a-job-killer-for-americans.html)

    I believe in 5 to 10 years, things might get reformed a bit (though not back to the old
    free wheeling days of bodyshopping)

    As it stand H1B is completely broken down with rampant 221(g)




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  • sbmallik
    04-05 11:42 AM
    I don't know of any way to detect I-140 revocation. Contacting the employer's legal department is the only solution ...




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  • snathan
    08-05 05:24 PM
    my wife has filed for her I-485 (AOS) with me.
    She has an H1 whch expires in 2012.
    she used her AP while entering US this year at port of entry. Office gave I-94 for one year(it expires in Jan 2011).

    Now my question is does she has to do anything to renew her I-94?
    If she doesnt renew her H-1 now will she be still in-status on H1?
    does she have to renew her AP in order to stay in status?

    This area of the law is very confusing and it would be great if some attorney or expert give their valuable suggestions on this.

    Thanks in advance...

    AP is only for travel purpose. She will be either on AOS or H1 Status.
    If she wants to work, she needs to get either EAD or keep the H1 status. Since she used the AP upon return, she is now not in H1B status. Check with attorney if you want to restore to H1




    gcpadmavyuh
    01-27 01:13 AM
    No documents needed. They can visit you anytime during the 10 yr validity of the visa. The only condition is that they have to leave the country before the date on I-94 expires.

    Dear All Immivoices,

    My parents have 10 years multiple visa. It was issue in year 2007. They have visited USA
    before two years. If they want to come again, is there any document I need to send them?

    Thanks in advance to all of you.




    delhiguy79
    07-23 09:01 AM
    ...