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Friday, June 10, 2011

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  • vivache
    11-01 08:42 PM
    hi there.
    I need to talk to an immigration lawyer.
    Can you refer me an Immigration lawyer in San Jose/Bayarea?
    Also how much does he/she charge per hour?

    I read about the free immigration question/answer through IV. Is there anything for Nov? Thanks.

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  • james_bond_007
    12-07 02:21 PM
    My friend is going back to India next month. He filed for 485 in Aug 2007, PD April 2003 EB3 India. Is there a way to continue the Green Card process while he is in India ?. Is there an option where the employer can state that the employee is on temporary transfer to a different country and not loose the current Green Card application ?. Greatly appreciate any thoughts or insights.

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  • raysaikat
    07-11 01:06 PM
    Thanks for the response raysaikat... the above information is definitely very helpful for me.

    As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.

    If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.

    However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
    If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
    And if approved can i start to work immediately without a gap?

    Please advise.

    Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.

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  • hiralal
    12-28 05:42 PM
    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice
    Just GO ....and stay for a longer time (atleast a month !!!)...r u a doctor or a nurse ..either way you are in a profession which will always be in demand


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  • nkavjs
    12-18 01:36 AM
    Hello all:

    I have few questions related to my travel plans to India. We will be leaving in January 2009.

    We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
    My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.

    1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.

    2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.

    3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?

    I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!


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  • willwin
    08-11 11:29 AM
    Ok we have the poll, now can we start guessing when our dates will be current.

    possibly we need another poll with these options asking when do you think your PD will be current

    1) 10-12 years
    2) 12-15 years
    3) 15 - 20 years


    You are one optimistic dude in EB3 queue!!

    Not so early :-)


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  • vinabath
    07-02 03:05 PM
    I paid for a 2007 labor for 15k. Now I am screwed.

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  • sonyyy
    06-07 03:55 PM
    Just temporary, they have another vote this afternoon.
    If you want to celebrate, at least wait till 5pm.

    AP has a news which says this bill has been voted out at senate.

    so guys relax now!!!!! enjoi!!!


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  • meridiani.planum
    06-19 03:54 PM

    I am posting this on my friend's behalf. Here's his situation:

    a) He's on H1
    b) Applied for 485 / 765 / 131 through his employer.
    c) Still on H1; EAD & AP approved.
    d) Priority date no longer current for 485
    e) He gets married.
    f) Wife comes to US on H-4.
    g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
    h) Another thing is, she is also interested in working but can't do that on H-4.

    Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.

    Please let me know if it's possible to add the dependent regardless of PD being current or not.

    Thanks in advance.

    She cant file her 485/EAD/AP if the spouse's PD is not current.

    her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).

    However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.

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  • andy garcia
    09-27 02:18 PM
    Lou Dobbs need to talk to Heenan and not the vice-versa :)

    If a == b then b == a :confused:


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  • paulkurni
    06-17 05:33 PM
    paulkurni, please join your state chapter. Even before Obama's mention in the Cairo speech, IV Core has been trying to do whatever you have mentioned.

    We need members to collectively participate in their state chapters which can provide the thrust needed to perform a collective action country-wide as mentioned by you.

    Please excuse my ignorance as I joined IV recently. Please tell me how do I join state chapter. I reside in DC metro suburbs.

    I am glad that we are at least thinking in this direction. Please let me know how can I contribute. Have we formed any regional leaders who can perhaps guide us. If so, I would like to get in touch with the ones in my area. Any other information I need to know.

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  • yabadaba
    08-07 09:26 AM
    are you dumb or something????

    this has been out for weeks...we are waiting for the september bulletin

    what a moron!


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  • singhv_1980
    02-01 01:14 AM
    On reading a bit about PIMS, it seems that if your information is not in the KCC, then the US consulate sends a request to Kentucky for information. It turns out KCC has access to the CLAIMS3 system used by the USCIS, and they generally respond in 48 hrs. Here is the link:

    Scroll down to Dec 12.

    They claim 48 hrs but on an average it is taking about 2 weeks to hear back from KCC. There are couple of parallel threads going on reg that.

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  • mr_rajeevsaxena
    08-16 07:43 PM

    Just Curious if anyone got receipt notice for any I485 application with the following:

    USCIS Receipt date: July 2nd
    Time: 11:34 am
    Signed by: B. GERKENSMEYER
    Carier: USPS Express Mail



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  • doggy
    10-26 01:40 AM
    I'm just curious. How will the driver read "No right turn on red"? There is no sign for that.

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  • Ram_C
    11-08 01:45 PM
    Thanks so much RAM C.
    I have one more question.. if possible could you please clarify this also for me..?

    I don't know the procedure for obtaining SSN, but i gathered that I have to show my I-94 at the SSA office, along with passport and other ID's.

    My I-94(at POE) and Visa stamping expired in 2006.
    Got extension till 2007, and then got H1B, followed by EAD.
    I haven't been outside the country, so my current valid I-94 is part of my H1 appoval do I have to show my H1 also?

    Sorry.. for all the questions.. I tried to call the local office but couldn't get through...

    I REALLY appreciate your answers..

    Yes that is true, you have to show your passport and I-94 and EAD
    you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.

    so to answer your question show H1 extension if they ask.

    hope this helps.

    Good Luck :)


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  • vin13
    12-11 04:36 PM
    Since the AP application is over 90 days pending, you may be eligible to discusss with the customer service. If you do not get good answer, you may be able to schedule an infopass.

    We found out at the Infopass that my wife's AP application had been approved 2 months ago. But online system still shows as pending but just got a soft LUD on the date it was approved. So you never know what you may find out.

    But not sure if they would give out information to the applicant's spouse

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  • Widget
    05-25 06:51 PM
    What about validating the visas in the US? I think it was some where in Brownback amnd.

    Some of the salient points concerning legal immigrants in the CIR bill in its current form:

    1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
    Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants

    2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
    Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.

    3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
    Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants

    4. File I 485 even if priority date is not current.
    Comments: Provides relief where spouses can't work and can start using AC21 provisions.

    Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.

    And finally congratulations to all volunteers and contributors to IV for a job well done!

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  • LondonTown
    05-04 07:58 AM

    My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.

    In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.

    I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?

    Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.

    I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.


    You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.

    Technically they only fix the errors made by their officers but they can do it if they want.

    Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.

    If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.

    08-03 10:10 PM
    LIN -> Nebraska
    07 -> Year in 2 digits
    225 -> Number of working days since October 1 2006
    5 -> Default for all electronic data
    4234 -> Serial number for the receipts issued on that day starting with 0001.
    My question is from where do you get this number?? If they just processed 4,000 odd applications, it's going to take for ever to get the receipts.

    07-05 08:36 PM
    I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
    My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?

    I have been in US on L1A for more than 3 years now....i participate in 401(k), my company matches as per company policy, company contributes to pension plan separately as per company policy for US employees.....

    I am not a lawyer nor a tax expert and this is purely based on my personal interpretation.......all retirement/ welfare benefits etc have to be non discriminatory - i.e. any plan available to general class of employees on US payroll should equally apply to you irrespective of your visa status..this has nothing to do with whether company intends to sponsor GC or not or any other factor....only exception is B1 holders since B1 holders are not supposed to get US payroll........

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