Friday, July 1, 2011

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  • GCVivek
    04-20 02:42 PM
    Let her come on her own (H1/B2) to the US and then you can apply for spousal visa to extend her stay.

    Here's my situation in briefest form. I'm engaged to a woman in the Philippines. She worked as a domestic helper in Kuwait from about 2005 to 2007, a period of about 2.5 years total.

    I understand that as we move forward on our K1 application (I'm an American just be clear) she'll be required to submit police reports for anyplace she has lived for more than 6 months. She doesn't have such an item from Kuwait, and it seems nearly impossible to obtain such a report. The websites all say that this document is only given to 'current residents'.

    How can we obtain such document, and what if we can't? It seems unfathomable that the US Gov would request a possibly unobtainable document and then permanently deny our chance to live in the US together, if we are absolutely unable to obtain this document?

    Does anyone have any advice, or can tell me what happens in a situation such as this?

    Thanks for any help.




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  • Devils_Advocate
    05-07 01:10 AM
    As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.




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  • GCDreaming
    10-25 10:56 PM
    All,

    I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!




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  • ak27
    02-20 09:29 AM
    I had spoken to couple of Attorneys and they have told me that H1B will done with in two weeks this year. Therefore, anyone looking to apply, get your ducts lined up.. There is not much time left..

    Ajay

    Taken from I-129 Instructions, page 13:

    When to File.
    Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.



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  • aries
    08-29 05:35 PM
    any thoughts guys....




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  • PHANI_TAVVALA
    02-17 02:58 PM
    Can you please specify process to donate miles. I have 21,000 miles with Delta that will expire soon and I don't intend to use it.



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  • sbmallik
    05-27 12:09 PM
    Aha I see ... yes she can stay in the US beyond the I-94 date as long as the extension application is pending. From the postings i can recollect that in case of a denial the unlawful presence starts from the decision date.




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  • ValleyCoolie
    02-22 08:28 PM
    This is going to be interesting.. Finally someone speeking about legal immigration..

    The description says its about people getting their citizenship in time to vote. I doubt if they would talk about EB, backlogs, and the plight of honest-tax-paying H1B people.

    http://www.cnn.com/CNN/Programs/anderson.cooper.360/index.html



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  • diptam
    08-18 03:55 PM
    The bottom of the "Receipting & Lockbox" update clearly says that it may take upto 14 days to get physical receipt or Checks cashed for the dates they say Current. Which means July 2nd 485 apps are declared Current on Aug 17th , so the receipts can come as late as Aug31st i.e after Labor day weekend Sep 4th.

    Hang in there guys & Maintain Hope - Plan for a Day off with your Client on Sep 18th at DC. The core and some folks are really working very hard for this Rally - Lets at least support them by attending.

    Also Please look at the detailed discussion on other thread :-

    http://immigrationvoice.org/forum/showthread.php?t=5935&page=40

    Hi July 2 filers any update I did not get any ........
    How much more time for checks to en cash and what about the receipts .......
    And what is the NSC to TSC trasfers, when is that gonna happen ......




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  • gc_chahiye
    02-08 01:09 PM
    This is wrong. If you go out of USA and come back after a gap of 1 year, then only u will get full 6 years. Other wise whatever your status is ( as L1, B1 etc ) that will count into H1 period

    As far as I know B1 wont count against H1 time, though L1 will.
    L2 and H4 used to count, but they were decoupled at the end of 2006, and time spent in those status dont count against your H1.



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  • jain4444
    11-09 08:52 PM
    Thanks for your reply.
    The only problem is that she started working from Jan 2008. From Oct 2007 to Dec 2007 she was not working. So I donot have her W2 and neither the paystubs. I do have the joint tax return that I filed in 2007, but that does not have her income. Is it possible to say that she was on leave during this period for personnel reason?




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  • fromnaija
    09-09 10:18 AM
    If you are in the process of applying for H1 through another employer, you may be safe. As with everything USCIS, H1 revocation takes couple of months before it is approved. So in the interim you may get your new H1 approved before the previous employer's revocation sails through.



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  • prasadn
    05-04 02:24 PM
    My cousin has I-20's from Universities A and B.he got F1 Visa with University A's I-20.
    He is in India and he wants to go to University B.

    Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?

    does it create any problems at Port of Entry ?


    PS: I have not started GC process yet. So, I didn't update my profile.

    I believe you coud've done that before the introduction of the SEVIS system. Now you will have to first report to the university that you got the visa for, and then fill out a new SEVIS form and then change to another university.




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  • sbmallik
    06-26 08:31 AM
    Probably this is a case of processing error. The I-485 was denied based on I-140 denial. I would try for MTR on the I-485 with I-140 status.



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  • udayak
    08-27 05:15 PM
    Given the current circumstances, it will take years for I-485 to be
    process for 02-july filers.

    One of the provisions of AC-21 is that the job is in same or similar
    occupation. If a person changes his functional role(Ex: IT->marketing,
    IT->Non-IT, IT->Sales etc.), how is AC-21 protoability applied ?

    So, in this case, can a new labor/I-140 be applied for the NEW
    position ? Can this I-140 be used to replace the existing I-140
    with USCIS ? Can I-485 continue in this case ?

    Thanks




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  • keyboard2pc
    06-12 12:54 PM
    Hi

    I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.

    I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:

    1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?

    2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.

    3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
    This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.


    Any advice on the above will help a lot.

    Thank you!!!!!



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  • veni001
    07-09 01:52 PM
    Whay are you asking this question??:confused:

    what are the complications of applying to eb2 if there is only 3 year degree bachelor degree? Have a masters degree from Singapore - will that be enough to qualify?




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  • andy garcia
    03-28 05:59 PM
    Thank you. So we do have to answer "Yes" to all the 3 questions!


    Answer No to 2, Yes to 1 and 3.

    Immigrant Petition is I-140.




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  • immigration1234
    04-24 02:45 AM
    Thank you very much for quick response. My wife has NO stamping in the passport but we have AP. Do you think a copy of I797 will be OK at POE?

    Thank you very much!




    sumansk
    12-21 09:33 AM
    Nice article.. I wish they read it and change their opinion.The problem with these guys is that they just dont understand a legitimate difference between various shades of immigrants in this country..
    ________
    Suzuki XN85 (http://www.cyclechaos.com/wiki/Suzuki_XN85)




    aquagirl
    09-07 09:29 AM
    I don't intend to get a second H-1.. The second job that I want to do is just 3-5hrs a week and dont want any sponsorship for it.



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