STAmisha
11-14 02:17 PM
Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.
What does this mean? Kiss my LC good bye? Please explian
What does this mean? Kiss my LC good bye? Please explian
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DSLStart
10-24 01:56 PM
My ex roomie came on a B1 visa on one way ticket, that too first time US visit. POE officer did ask him about it and he told employer was going to buy return ticket as dates weren't confirmed. They did made sure that he had a credit card. Don't know if same would apply for B2...
Hi,
My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.
Will there be any problem due to that at port of entry?
Do she also need to carry travel insurance along with her?
Thanks in advance.
Hi,
My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.
Will there be any problem due to that at port of entry?
Do she also need to carry travel insurance along with her?
Thanks in advance.
Jaime
02-02 12:47 AM
Guys:
Have you read the most recent update by Shusterman? He links to H.R. 264 "Save America Comprehensive Immigration Act of 2009 (Introduced in House)" Read Title V, Section 501:
TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
SEC. 501. EARNED ACCESS TO LEGALIZATION.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
`Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
`(2) has at all times been a person of good moral character;
`(3) has never been convicted of a criminal offense in the United States;
`(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
`(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
`(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
`(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
`(c) Admissible as Immigrant-
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
`(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
`(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
`(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
`(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
`Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.
ntroduced in the House by Representative Sheila Jackson-Lee (D-TX)
Link
http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:
http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:
Gurus, any comments? Wouldn't this be great??
Also, a bill introduced by Harry Reid seems to have legal employment immigration fixes, that is: "Stronger Economy, Stronger Borders Act of 2009" (S.9) introduced in the Senate by Majority Leader Harry Reid (D-NV) along with a dozen co- sponsors.
Any thoughts???
Have you read the most recent update by Shusterman? He links to H.R. 264 "Save America Comprehensive Immigration Act of 2009 (Introduced in House)" Read Title V, Section 501:
TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
SEC. 501. EARNED ACCESS TO LEGALIZATION.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
`Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
`(2) has at all times been a person of good moral character;
`(3) has never been convicted of a criminal offense in the United States;
`(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
`(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
`(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
`(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
`(c) Admissible as Immigrant-
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
`(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
`(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
`(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
`(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
`Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.
ntroduced in the House by Representative Sheila Jackson-Lee (D-TX)
Link
http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:
http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:
Gurus, any comments? Wouldn't this be great??
Also, a bill introduced by Harry Reid seems to have legal employment immigration fixes, that is: "Stronger Economy, Stronger Borders Act of 2009" (S.9) introduced in the Senate by Majority Leader Harry Reid (D-NV) along with a dozen co- sponsors.
Any thoughts???
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humdesi
03-13 01:23 AM
There is a add on Sulekha ...
http://www.merriam-webster.com/dictionary/add
transitive verb
1: to join or unite so as to bring about an increase or improvement <adds 60 acres to his land> <wine adds a creative touch to cooking>
2: to say further : append
3: to combine (numbers) into an equivalent simple quantity or number
4: to include as a member of a group <don't forget to add me in>
intransitive verb
1 a: to perform addition b: to come together or unite by addition
2 a: to serve as an addition <the movie will add to his fame> b: to make an addition <added to her savings>
http://www.merriam-webster.com/dictionary/AD
Main Entry: 1ad
Pronunciation: \ˈad\
Function: noun
Usage: often attributive
Date: 1841
1 : advertisement 2
2 : advertising
http://www.merriam-webster.com/dictionary/add
transitive verb
1: to join or unite so as to bring about an increase or improvement <adds 60 acres to his land> <wine adds a creative touch to cooking>
2: to say further : append
3: to combine (numbers) into an equivalent simple quantity or number
4: to include as a member of a group <don't forget to add me in>
intransitive verb
1 a: to perform addition b: to come together or unite by addition
2 a: to serve as an addition <the movie will add to his fame> b: to make an addition <added to her savings>
http://www.merriam-webster.com/dictionary/AD
Main Entry: 1ad
Pronunciation: \ˈad\
Function: noun
Usage: often attributive
Date: 1841
1 : advertisement 2
2 : advertising
more...
Better_Days
06-10 06:10 PM
www.immigration-law is reporting that PP for I-140 will be re-instated when approval is needed for H1 extension and less than 60 days are left 'till H1 expiration.
A small step in the right direction.
A small step in the right direction.
chandra_mb
07-18 11:37 PM
I understand that to file 485, all applicants need to be in the US.
Do the dependents/spouse need to be present in the US to file the EAD later (after we get the 485 receipt) ?
Do the dependents/spouse need to be present in the US to file the EAD later (after we get the 485 receipt) ?
more...
diptam
09-14 02:20 PM
We are employee of employers - not chained slaves of employers.
They can pay me less , they can scare me of revoking 140 , they can make me sign fictitious bonds for getting future employment letter BUT they can not take away my basic civil rights as a human being. As long as you professionally inform that will be taking day off for personal reasons - they are NOT supposed to ask what is that reason. You can tell the later unofficially that you attending Rally for peacefully supporting a good cause.
Nothing will happen to you
Just follow your heart - Will se you in DC
They can pay me less , they can scare me of revoking 140 , they can make me sign fictitious bonds for getting future employment letter BUT they can not take away my basic civil rights as a human being. As long as you professionally inform that will be taking day off for personal reasons - they are NOT supposed to ask what is that reason. You can tell the later unofficially that you attending Rally for peacefully supporting a good cause.
Nothing will happen to you
Just follow your heart - Will se you in DC
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joydiptac
05-25 02:01 PM
Apply for AP - 350 bucks. If you application is valid - you will get it.
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
more...
wandmaker
08-14 06:37 PM
I have received the cards in today's' mail. It has been almost a decade in green card journey. My support for IV and fellow IVans will remain the same. Thank you all for the wishes.
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krishnam70
04-06 04:44 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...
This is a unique situation and may be an immigration attorney will guide you better. You should try to follow the law where ever possible. It could have been much easier had you gone out when your visa expired and returned back on another visa. Anyway try to speak with an attorney and get a good advise on how to remedy this situation
- cheers
kris
This is a unique situation and may be an immigration attorney will guide you better. You should try to follow the law where ever possible. It could have been much easier had you gone out when your visa expired and returned back on another visa. Anyway try to speak with an attorney and get a good advise on how to remedy this situation
- cheers
kris
more...
Sachin_Stock
11-09 10:16 AM
I don't know which position your company and lawyer are advertising, but 7 years requirement sounds catered and more specific. 5 years is standard, and general.
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andy garcia
01-17 06:53 AM
That is all I did a couple of years ago.
I took the passport of my wife and that was it.
I took the passport of my wife and that was it.
more...
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CaliHoneB
01-24 03:10 PM
May be my assumption is incorrect but shouldn't India and china receive same numbers for Eb3?
Eb3 China received 3676 vs Eb3 India 3036.
is this difference because of the number of dependents? Any comments?
Cheers
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Eb3 China received 3676 vs Eb3 India 3036.
is this difference because of the number of dependents? Any comments?
Cheers
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
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webm
09-25 02:07 PM
Just to make sure you don't get confused about Answer 3..... No, there is no time limit within which you must get the SSN. You can apply any time for SSN as long as your EAD is valid. But I see no reason why you should wait. Moreover, if she starts working, she cannot get paid until her SSN comes along.
Let me clarify point 3) again
I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.
HTH,
Let me clarify point 3) again
I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.
HTH,
more...
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pal351
11-21 05:41 PM
Please share your experiences.
Thanks.
Thanks.
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gdilla
07-29 02:44 PM
Actually, if you apply for an F1 (fulltime student visa), it will be denied. Why? Because F1 is considered a non-immigrant visa, and USCIS knows that because you filed a 485, you DO have the intent to immigrate. I believe you can just go to school and be jobless on EAD without need for F1. The burden is on you to show that your gc employer sponsor will hire you when you get your gc (if it ever comes up - they can take away your gc anytime at the border/POE, and one question may be are you still working for the sponsor).
This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.
Hello everyone,
I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.
Thx,
Prabhat
This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.
Hello everyone,
I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.
Thx,
Prabhat
more...
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ArkBird
11-27 12:39 PM
I think labor substitution is no longer allowed.
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kaisersose
02-13 04:00 PM
You guys deserve it after waiting for so long.
If they have not used Labor substitution :-).
Seriously, you can try making an infopass appointment and try your luck. Sometimes if they are in a pleasant mood, you may juts get the answers you need.
Try it anyway, as you do not lose anything.
If they have not used Labor substitution :-).
Seriously, you can try making an infopass appointment and try your luck. Sometimes if they are in a pleasant mood, you may juts get the answers you need.
Try it anyway, as you do not lose anything.
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dvb
07-28 02:16 PM
Does anyone know how you can claim social security when you are in India and not a permanent resident or citizen of the US ???
rockstart
01-08 09:10 AM
I found this article in imminfo.com. I could not understand the below line in legal sense. Does this line means that delayed registration of birth is not acceptable?
The article is absolutely correct. The example would be a person was born in 1974 and at that time his/her birth was not registered for any reason. Then say for making passport or for GC process this birth was registered later in like 1998 which is like 24 years after the event. USCIS might not accept the birth certificate as authentic. Please refer to IV wiki for details on how such cases can be resolved. There are many people who have been thro this and though its not easy to answer this query there are enough documents that can be attached as supplimentry evidence to authenticate your BC.
The article is absolutely correct. The example would be a person was born in 1974 and at that time his/her birth was not registered for any reason. Then say for making passport or for GC process this birth was registered later in like 1998 which is like 24 years after the event. USCIS might not accept the birth certificate as authentic. Please refer to IV wiki for details on how such cases can be resolved. There are many people who have been thro this and though its not easy to answer this query there are enough documents that can be attached as supplimentry evidence to authenticate your BC.
kittu1991
03-18 04:54 PM
She can apply for EAD now and once she gets it she can apply for SSN.
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