harikris
01-29 10:05 AM
Hi,
I don't know the statistics or aware of the source for the same.
But based on the most recently published Visa Bulletin, if you are from India, the cut-off date for FB2 is 22 Jan 2005. If you are not from India, then please look up the Visa Bulletin at Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html).
It might take 2 to 3 months for your priority date to become current if you are an Indian Citizen [or chargeable to India].
HTH.
I don't know the statistics or aware of the source for the same.
But based on the most recently published Visa Bulletin, if you are from India, the cut-off date for FB2 is 22 Jan 2005. If you are not from India, then please look up the Visa Bulletin at Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html).
It might take 2 to 3 months for your priority date to become current if you are an Indian Citizen [or chargeable to India].
HTH.
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GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
harikris
01-29 10:05 AM
Hi,
I don't know the statistics or aware of the source for the same.
But based on the most recently published Visa Bulletin, if you are from India, the cut-off date for FB2 is 22 Jan 2005. If you are not from India, then please look up the Visa Bulletin at Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html).
It might take 2 to 3 months for your priority date to become current if you are an Indian Citizen [or chargeable to India].
HTH.
I don't know the statistics or aware of the source for the same.
But based on the most recently published Visa Bulletin, if you are from India, the cut-off date for FB2 is 22 Jan 2005. If you are not from India, then please look up the Visa Bulletin at Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html).
It might take 2 to 3 months for your priority date to become current if you are an Indian Citizen [or chargeable to India].
HTH.
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beavis
08-10 08:02 PM
We have the same situation. I am the primary and got my GC last July. Spouse still does not have it. We have a PD of Sep 2005 and 485 RD of Sep 2005. No idea what is happening. We also have contacted our Congressman, Senator, and done Infopass and SR. Our case was originally filed at VSC, transferred to TSC and is now at a "USCIS Office"
more...
immigrationvoiceuser
09-08 12:15 AM
We just got the FP notice and need to get it done in a city more 100 miles away. Will most of the FP office open on Saturday?
Thanks a lot!
Thanks a lot!
hebron
12-08 01:42 AM
My wife and I are scheduled to go for fingerprinting this month. We have a year old son and obviously we are planning to take him with us as well. Do I need to take any form of ID / birth certificate of my son (obviously he is not to be fingerprinted) but not sure what the rules are with respect to carrying infants for the interview. Anyone who has fingerprinted in a similar situation?
We took our 17 month old daughter with us. You should not have a problem with that.
BTW, The only problem we had was that our daughter was scared of the tough looking security guy and she started crying as soon as she saw him and we had a hard time consoling her :)
We took our 17 month old daughter with us. You should not have a problem with that.
BTW, The only problem we had was that our daughter was scared of the tough looking security guy and she started crying as soon as she saw him and we had a hard time consoling her :)
more...
sabithanair84
04-23 03:05 PM
Thank you, I looked through the blog but it didnt have any posts that could answer my queries. I am just trying to find out if it is ok to travel if I have a pending case with USCIS? Also, if my H4 goes out of status on 09/23/2010, then does that mean I have immediately leave the country? Any answers would help, thanks.
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SBH
01-10 12:13 PM
Hi,
I am going to Mexico for H1b stamping next week. My I797 does not have my middle name. I used my middle name on all previous occassions like F1 Visa.
My passport also has the middle name in it.
Please let me know if anybody you know has faced such a situaiton. Is this a big deal ? Any help in this matter is highly appreciated.
Regards
SBH
I am going to Mexico for H1b stamping next week. My I797 does not have my middle name. I used my middle name on all previous occassions like F1 Visa.
My passport also has the middle name in it.
Please let me know if anybody you know has faced such a situaiton. Is this a big deal ? Any help in this matter is highly appreciated.
Regards
SBH
more...
gcnotfiledyet
06-24 12:17 PM
This service will provide fast track program to reach heaven (or hell dependent if you have GC or not) as well. Anyone interested? :D
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icecolor
04-14 10:59 PM
I sent in my application on 6/29 and I am yet to hear from USCIS.
more...
chapper
07-18 12:52 AM
Hey guyz...
Lets start our thread...oh! Ya...we are stuck in immigration hurricane season as well:)
I am from NOLA
Lets start our thread...oh! Ya...we are stuck in immigration hurricane season as well:)
I am from NOLA
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bobzibub
10-04 03:27 PM
you can also change employers immediately. Your spouse is the primary applicant, and hte 180 day AC21 rule applies to her. You can:
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
more...
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qplearn
09-13 12:59 PM
It is not illegal. Some companies apply for extensions a bit late and in the mean time, the VISA expires. It is OK. At the most he/she will not be able to drive as the drivers license is linked to the VISA expiry.
Fine then of course.
Fine then of course.
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srinivasansas
06-15 12:58 PM
I see that majority of the people here are getting ready to apply for 485, I want to track already pending 485.
My Info:
EB3; PD Dec03; 485-Pending since Dec04; FP done Mar06; No LUD
My Info:
EB3; PD Dec03; 485-Pending since Dec04; FP done Mar06; No LUD
more...
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nixstor
03-12 04:13 PM
roseball,
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
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pd052009
11-18 07:08 AM
FI...I got my DL yesterday, 40 days after giving DMV tests.
more...
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Iamthejuggler
03-29 04:17 PM
Phew.
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11-17 07:25 PM
It totally electronic.
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gc_kaavaali
08-24 10:32 PM
Advance Parole is not a valid document to obtain Driving License...
thanks for your quick reply.
What about using AP for status check? Will they accept that?
thanks for your quick reply.
What about using AP for status check? Will they accept that?
sameer2730
02-05 05:45 PM
My parents are going back to India in April'10 just before completion of their 6 months. But they want to come back again after 3 weeks. They have got their visa for 1 year. So they can stay another 4 months on their 2nd trip from May'10 to Aug'10.
Is it going to be a problem during their next visa stamping or immigration at airport as they will end up staying 10 months in US out of their 1 year approved visa ?
Please advise.
It can get difficult at the POE. My parents in laws returned in 4.5 months and got questioned a lot. They will not deport them but they could give them at 15 day I-94 in which case the trip will cost you/them a bomb.
Is it going to be a problem during their next visa stamping or immigration at airport as they will end up staying 10 months in US out of their 1 year approved visa ?
Please advise.
It can get difficult at the POE. My parents in laws returned in 4.5 months and got questioned a lot. They will not deport them but they could give them at 15 day I-94 in which case the trip will cost you/them a bomb.
kumarc123
03-24 04:04 PM
Well they may created it new but the content is old and system needs to be fixed.
You are right, the million dollar question is, when will they fix the system?
You are right, the million dollar question is, when will they fix the system?
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