va_dude
11-09 11:36 AM
This is the wording i saw at the embassy site:-
"Foreign-born minor children are not eligible for OCI if both the parents are Indian citizens holding Indian Passports."
So its clear that if both parents are indian citizens with indian passports the kid cannot get an OCI and has to get the PIO instead.
"Foreign-born minor children are not eligible for OCI if both the parents are Indian citizens holding Indian Passports."
So its clear that if both parents are indian citizens with indian passports the kid cannot get an OCI and has to get the PIO instead.
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mrsr
08-15 08:01 PM
How many july 2 filers got some kind of communication as such their petition is accepted as of 15 th Aug
Wish you all very happy 60 th Independence day.
Wish you all very happy 60 th Independence day.
kdd
08-24 08:34 PM
Oh, so it was what skOOb said. Thanks guys! :)
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pmat
06-06 09:51 AM
There is a change of status form available on USCIS website. It is called I-539:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D
Go through the instructions of this form. I followed the instructions in this form and sent every document they asked for. My wife also changed her status from F1 to H4. After you send everything, you will get a receipt in 2-3 weeks and approval notice will take ~3 months.
All the best.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D
Go through the instructions of this form. I followed the instructions in this form and sent every document they asked for. My wife also changed her status from F1 to H4. After you send everything, you will get a receipt in 2-3 weeks and approval notice will take ~3 months.
All the best.
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martinvisalaw
09-14 04:51 PM
My Husband�s priority date is Oct 2003 (EB3). My Employer is willing to start for GC in EB2. Can We use my husband�s EB3 Oct 2003 priority date ?
I agree with the other answers - you cannot recapture someone else's priority date. See here (http://martinvisalaw.blogspot.com/2009/08/faqs-on-recapturing-i-140-priority.html)
I agree with the other answers - you cannot recapture someone else's priority date. See here (http://martinvisalaw.blogspot.com/2009/08/faqs-on-recapturing-i-140-priority.html)
waitingonlc
02-19 07:39 PM
Maryland House Judiciary Committee hearing on House Bill 1443
A bill prohibiting drivers' licenses for illegal immigrants
Tuesday, February 21, 2006, 1 p.m. (subject to change)
Joint Hearing Room
Legislative Services Building
Annapolis, MD 21401-1991
http://mlis.state.md.us/2006rs/billfile/hb1443.htm
House Bill 1443 would prohibit, in order to facilitate compliance with the federal Real ID Act, the Motor Vehicle Administration from issuing a new driver's license to an individual who cannot provide specified documentation certifying that the individual is lawfully present in the United States in accordance with federal law, except under specified circumstances.
A bill prohibiting drivers' licenses for illegal immigrants
Tuesday, February 21, 2006, 1 p.m. (subject to change)
Joint Hearing Room
Legislative Services Building
Annapolis, MD 21401-1991
http://mlis.state.md.us/2006rs/billfile/hb1443.htm
House Bill 1443 would prohibit, in order to facilitate compliance with the federal Real ID Act, the Motor Vehicle Administration from issuing a new driver's license to an individual who cannot provide specified documentation certifying that the individual is lawfully present in the United States in accordance with federal law, except under specified circumstances.
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willIWill
05-18 05:43 PM
bump
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jonty_11
07-28 03:48 PM
it is simple...have patience and wait for the card..OR the letter !
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maxy
04-22 09:59 AM
Has anyone tried extending NJ DL using H1b extension receipt ?
My H1b extension is in VSC and looks like it will take long long time to come back....DL is expiring in 30 days, with EAD my renewal would be for 6 months only as EAD also expires in Aug.
wonder if they will accept H1b receipt with employer letter ?
please share your NJ DL experience.
Thanks
My H1b extension is in VSC and looks like it will take long long time to come back....DL is expiring in 30 days, with EAD my renewal would be for 6 months only as EAD also expires in Aug.
wonder if they will accept H1b receipt with employer letter ?
please share your NJ DL experience.
Thanks
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happynappin
04-24 10:12 PM
Hi, i'm gonna explain my situation.
I came to the states on december with a J-1 Visa for the purpose of work and travel program, i've got a ds-2019, my I-94 is with D/S, and i got a SSN card with the "only valid for work with dhs authorization", also i dont have the 2 year residence requirement on the J-1 visa so i don't need to get a waiver for appliying to AOS. I was working in colorado for 3 1/2 months and my visa expired on march 30. I was supposed to go back to my country (peru) but then i went to texas to see my girlfriend that i haven't seen in a year, and we decided to get married, which we just did a week ago. She's a permanent resident, living her for like 5 years or so, but not a citizen.
The thing is that neither of us have so much money to fill the papers (she just got a new job after a couple months unemployed :( ), she's still living with her parents, and i dont have a job anymore cause my visa already expired so i decided to move to florida with my cousin (i've just got here yesterday), so at least i don't have to pay rent and he can help me a little. So we're both triyin to make some money to make this happen.
The thing is that, i know that working out of status is illegal. Right now our plan is to get money for her to get her citizenship, move together, and then apply for my AOS, work permit and everything. But right now i need to work. My question is, if i work with my current ssn, which i'm not allowed to, will USCIS forgive that when we apply for AOS? I have explained my situation to some people here, and they're willing to give me a job with my current ssn but i dont know if i should take it or not. Can i then argument that it was for getting the money to become legal or something. We haven't applied for aos now cause, affidavit of support (we dont have money he).
Well at least we're happily married and had a good honey moon in Austin, i'm missing her thought :(
Please comment and try to give me some ideas here.
Thanks
I came to the states on december with a J-1 Visa for the purpose of work and travel program, i've got a ds-2019, my I-94 is with D/S, and i got a SSN card with the "only valid for work with dhs authorization", also i dont have the 2 year residence requirement on the J-1 visa so i don't need to get a waiver for appliying to AOS. I was working in colorado for 3 1/2 months and my visa expired on march 30. I was supposed to go back to my country (peru) but then i went to texas to see my girlfriend that i haven't seen in a year, and we decided to get married, which we just did a week ago. She's a permanent resident, living her for like 5 years or so, but not a citizen.
The thing is that neither of us have so much money to fill the papers (she just got a new job after a couple months unemployed :( ), she's still living with her parents, and i dont have a job anymore cause my visa already expired so i decided to move to florida with my cousin (i've just got here yesterday), so at least i don't have to pay rent and he can help me a little. So we're both triyin to make some money to make this happen.
The thing is that, i know that working out of status is illegal. Right now our plan is to get money for her to get her citizenship, move together, and then apply for my AOS, work permit and everything. But right now i need to work. My question is, if i work with my current ssn, which i'm not allowed to, will USCIS forgive that when we apply for AOS? I have explained my situation to some people here, and they're willing to give me a job with my current ssn but i dont know if i should take it or not. Can i then argument that it was for getting the money to become legal or something. We haven't applied for aos now cause, affidavit of support (we dont have money he).
Well at least we're happily married and had a good honey moon in Austin, i'm missing her thought :(
Please comment and try to give me some ideas here.
Thanks
more...
akred
05-04 09:46 PM
Is there any way H1B can qualify as a EB1C?
Sure. You need to work outside the US for the sponsoring company in a managerial capacity for 1 out of the 3 years prior to filing the I140. So if you are on a H1B and are a manager, you can sign up for an assignment abroad to fulfill that requirement.
Sure. You need to work outside the US for the sponsoring company in a managerial capacity for 1 out of the 3 years prior to filing the I140. So if you are on a H1B and are a manager, you can sign up for an assignment abroad to fulfill that requirement.
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rajmirk
05-19 06:38 PM
Not sure about the first question. SKIL bill will exempt any advanced degree from US or Advanced degree in STEM from outside + 3 Years. PACE, TALENT and the current CIR only exempt STEM Advanced degree + 3 Yrs
I am not totally sure. I recall reading one amendment where they mentioned 203(b) in conjunction with this - which means EB2 qualification.
I am not totally sure. I recall reading one amendment where they mentioned 203(b) in conjunction with this - which means EB2 qualification.
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vikramy
12-30 01:15 PM
From my knowledge...
For now you can use EAD and continue to work.
In Long term you can get your GC refiled from a different company and port priority date
For now you can use EAD and continue to work.
In Long term you can get your GC refiled from a different company and port priority date
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pmat
01-31 04:38 PM
The only benefit of F1 over H4 is you get to use OPT and CPT. Doing an internship may be very beneficial if you are doing a MBA. After that OPT helps you to settle in a job and deal with H1B filing quota risks.
Regarding the downside of F1, many universities don't give instate tuition eligibility to students on F1. On H-4, you may pay instate tuition to many universities. So, check with the university that you are planning to attend.
Also, it will be very difficult to get a F1 visa stamp on your passport if I140 has been filed for you in the past. Its not a problem if you don't want to travel outside the country during your studies.
my 2 cents...
Regarding the downside of F1, many universities don't give instate tuition eligibility to students on F1. On H-4, you may pay instate tuition to many universities. So, check with the university that you are planning to attend.
Also, it will be very difficult to get a F1 visa stamp on your passport if I140 has been filed for you in the past. Its not a problem if you don't want to travel outside the country during your studies.
my 2 cents...
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GCAmigo
01-03 05:05 PM
On Sept. 14, President Bush signed the Honest Leadership and Open Government Act of 2007, an ethics and lobbying reform bill, which enforces a number of new restrictions.
Under the new law, lobbyists are prohibited from providing gifts, food, beverage and travel to Members of Congress, their staff or employees. A violation of this law could result in civil fines and/or criminal prosecution for the Company and individuals involved.
?????
Under the new law, lobbyists are prohibited from providing gifts, food, beverage and travel to Members of Congress, their staff or employees. A violation of this law could result in civil fines and/or criminal prosecution for the Company and individuals involved.
?????
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GCKaMaara
06-08 12:13 PM
IV Advocacy Days Blog: Immigration Voice Advocacy Days (http://advocacydays.blogspot.com/) Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgWSdcvLrBYE3n_x8R2BrlhBYoqtol2EG4PJvglI3blVNJyiV_ZwSKMyAYxGYjnneSt3NPkdXkp7rYt98-WqKjqXWyu24rhgORgSy6N2DBGHDEkObArS-mxpgq1QoH7-eM2Gu_XZAoZoVhW/s400/SDC10159.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgWSdcvLrBYE3n_x8R2BrlhBYoqtol2EG4PJvglI3blVNJyiV_ZwSKMyAYxGYjnneSt3NPkdXkp7rYt98-WqKjqXWyu24rhgORgSy6N2DBGHDEkObArS-mxpgq1QoH7-eM2Gu_XZAoZoVhW/s1600/SDC10159.JPG)
More Situation room photoshttps://blogger.googleusercontent.com/tracker/6606610335683210036-2524864943576054158?l=advocacydays.blogspot.com
More... (http://advocacydays.blogspot.com/2010/06/situation-room-is-busy-with-activity-2.html)
Keep it up
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgWSdcvLrBYE3n_x8R2BrlhBYoqtol2EG4PJvglI3blVNJyiV_ZwSKMyAYxGYjnneSt3NPkdXkp7rYt98-WqKjqXWyu24rhgORgSy6N2DBGHDEkObArS-mxpgq1QoH7-eM2Gu_XZAoZoVhW/s400/SDC10159.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgWSdcvLrBYE3n_x8R2BrlhBYoqtol2EG4PJvglI3blVNJyiV_ZwSKMyAYxGYjnneSt3NPkdXkp7rYt98-WqKjqXWyu24rhgORgSy6N2DBGHDEkObArS-mxpgq1QoH7-eM2Gu_XZAoZoVhW/s1600/SDC10159.JPG)
More Situation room photoshttps://blogger.googleusercontent.com/tracker/6606610335683210036-2524864943576054158?l=advocacydays.blogspot.com
More... (http://advocacydays.blogspot.com/2010/06/situation-room-is-busy-with-activity-2.html)
Keep it up
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jthomas
06-01 03:08 PM
Anybody filed your H1 ext yourself? Is it worth it?
This will be my 12th yr extension. I have the previous extension papers (copies) that the lawyer sent me, so i was thinking i can look at those and draft a new ext myself. But with the latest news of H1 denied for consulting companies, is it worth doing it myself? I have worked for the same client for the last 11 yrs.
Everybody else would also like to do the same thing. Instead of Paying 3500 dollars to the attorney plus other fees by the employer. I feel its good to do it by yourself. If you have anything wrong USCIS would contact you back and you can reply on those. if it becomes a major thing, then you can hire a attorney.
I feel someone should post all the steps to file
1. H1B transfer
2. EAD
3. AP
4. I-485 (As for EB-I it would take a long time)
5. All other forms
Its not worth paying the attorneys for such a long time. Let USCIS take the trouble of correcting our errors
J thomas
This will be my 12th yr extension. I have the previous extension papers (copies) that the lawyer sent me, so i was thinking i can look at those and draft a new ext myself. But with the latest news of H1 denied for consulting companies, is it worth doing it myself? I have worked for the same client for the last 11 yrs.
Everybody else would also like to do the same thing. Instead of Paying 3500 dollars to the attorney plus other fees by the employer. I feel its good to do it by yourself. If you have anything wrong USCIS would contact you back and you can reply on those. if it becomes a major thing, then you can hire a attorney.
I feel someone should post all the steps to file
1. H1B transfer
2. EAD
3. AP
4. I-485 (As for EB-I it would take a long time)
5. All other forms
Its not worth paying the attorneys for such a long time. Let USCIS take the trouble of correcting our errors
J thomas
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xyz
06-14 07:33 PM
Interesting findings in the USCIS Ombudsman report - 2007.
http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162321
From the report:
Employment-Based (EB) Green Card Applications
(Annual Report pp. 32-37)
In FY 06, over 10,000 visas were lost because of slow processing of EB cases, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards. As of May 2007, the
State Department estimated that 40,000 EB visas may be lost in FY 07 if USCIS does not increase the
processing rate for green card applications. The Ombudsman attributes the slow rate of adjudications to inaccurate statistics and inefficient USCIS management of its workload. The problem will become significant in the coming fiscal year if there is a dramatic increase in EB green card applications, and a significant backlog is likely to develop if this problem goes unaddressed.
http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162321
From the report:
Employment-Based (EB) Green Card Applications
(Annual Report pp. 32-37)
In FY 06, over 10,000 visas were lost because of slow processing of EB cases, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards. As of May 2007, the
State Department estimated that 40,000 EB visas may be lost in FY 07 if USCIS does not increase the
processing rate for green card applications. The Ombudsman attributes the slow rate of adjudications to inaccurate statistics and inefficient USCIS management of its workload. The problem will become significant in the coming fiscal year if there is a dramatic increase in EB green card applications, and a significant backlog is likely to develop if this problem goes unaddressed.
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Pagal
01-24 05:13 AM
Hello,
In general, AP is not related to employment (it is a conditional admittance aka parole into US boundaries till the conditions are resolved), so the PoE CBP should not ask about employment. However, as your husband has been away for a long time, the CBP officer may be curious to know why and what is the purpose of entering US after such a time lag.
In such a scenario, your husband should have a strong reasoning as to why he is entering US. Some of such reasons are a) employment b) having immediate family in US or c) owning house/property that needs visitation.
If your husband has one such reason, it may be helpful to gain entry into US, but pl do consult your lawyer...good luck
In general, AP is not related to employment (it is a conditional admittance aka parole into US boundaries till the conditions are resolved), so the PoE CBP should not ask about employment. However, as your husband has been away for a long time, the CBP officer may be curious to know why and what is the purpose of entering US after such a time lag.
In such a scenario, your husband should have a strong reasoning as to why he is entering US. Some of such reasons are a) employment b) having immediate family in US or c) owning house/property that needs visitation.
If your husband has one such reason, it may be helpful to gain entry into US, but pl do consult your lawyer...good luck
Blog Feeds
01-20 07:00 AM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
The DOL introduced a new Prevailing Wage system which will centralize everything. Previously each State's Workforce Agency gave those Prevailing Wage. Obviously there were discrepancies in how each SWA operated causing problems with DOL filings.
However, DOL introduced this new system of centralized Prevailing Wage determination with no computerized system of filing. We have to mail in our request to the DOL. Then the DOL will take forever to come up with a Prevailing Wage. The DOL has advised employers to file the Prevailing Wage 60 days prior to advertising for a PERM, since the ads expire in 6 months. This is strange because the DOL went computerized much earlier than the CIS did. Why could they not have a faster computerized process BEFORE centralizing the whole process? Was this then intentional?
This will slow down businesses, and filing of immigration. Similarly in July of 2009 the DOL significantly slowed down the LCA filings for H-1Bs. Which makes me wonder if DOL is slowing down things as a protectionist measure which caters to socialism? Is this the death of free enterprise, and business at the speed of 21 Century? It was another Democratic President and Congress that passed the AC 21 to speed the process up about a decade ago.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-6058636719390437264?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/01/is-dol-becoming-socialist.html)
The DOL introduced a new Prevailing Wage system which will centralize everything. Previously each State's Workforce Agency gave those Prevailing Wage. Obviously there were discrepancies in how each SWA operated causing problems with DOL filings.
However, DOL introduced this new system of centralized Prevailing Wage determination with no computerized system of filing. We have to mail in our request to the DOL. Then the DOL will take forever to come up with a Prevailing Wage. The DOL has advised employers to file the Prevailing Wage 60 days prior to advertising for a PERM, since the ads expire in 6 months. This is strange because the DOL went computerized much earlier than the CIS did. Why could they not have a faster computerized process BEFORE centralizing the whole process? Was this then intentional?
This will slow down businesses, and filing of immigration. Similarly in July of 2009 the DOL significantly slowed down the LCA filings for H-1Bs. Which makes me wonder if DOL is slowing down things as a protectionist measure which caters to socialism? Is this the death of free enterprise, and business at the speed of 21 Century? It was another Democratic President and Congress that passed the AC 21 to speed the process up about a decade ago.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-6058636719390437264?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/01/is-dol-becoming-socialist.html)
wait_2010
08-18 04:21 PM
Thanks Raj for the immediate reply.
But just in case if I want to have all my I - 94s where can I get them. Just in case if I have missed them.
Thanks
I dont think you will need them . I am also filing premium 140 and lawyer has nOT asked for all I94s ..ONly the recent one..Dont worry much if you dont have all of them
But just in case if I want to have all my I - 94s where can I get them. Just in case if I have missed them.
Thanks
I dont think you will need them . I am also filing premium 140 and lawyer has nOT asked for all I94s ..ONly the recent one..Dont worry much if you dont have all of them
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