go_guy123
07-14 10:16 AM
I have my I 140 approved and No I 485 has been filled yet. My brother became US citizen so I would like to file for I 130.
As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?
Check out the visa bulletin. There also the backlog is 12+ years for F4 - India category. So if you apply now....you will get in 2021 !!!
As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?
Check out the visa bulletin. There also the backlog is 12+ years for F4 - India category. So if you apply now....you will get in 2021 !!!
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honge_kamyaab
02-02 12:41 PM
Thanks nozerd & GVR for the responses. Helps out a lot in planning the trip.
I guess googling the SIN application process would help, but if you have reliable pointers please send them this way.
At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
I guess googling the SIN application process would help, but if you have reliable pointers please send them this way.
At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
omiboy
09-24 11:09 AM
Thanks once again for the reply.
When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?
Thanks
Omi.
When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?
Thanks
Omi.
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mbartosik
03-11 09:42 PM
Here are a bunch of links showing abuse of some of us H1Bs.
In short Tata was requiring H1B employees to sign over tax refunds to them. It also appears that Tata ensured that taxes were overpaid to ensure that there was plently of refund for them to blackmale employees out of.
http://www.lieffcabraser.com/press_releases/tata_press_20060214.htm
http://www.indianexpress.com/full_story.php?content_id=87970
http://www.indianexpress.com/comments_print.php?content_id=87970&from=0
http://economictimes.indiatimes.com/opinions/1415985.cms
Sounds to me like a case of criminal fraud by Tata.
In short Tata was requiring H1B employees to sign over tax refunds to them. It also appears that Tata ensured that taxes were overpaid to ensure that there was plently of refund for them to blackmale employees out of.
http://www.lieffcabraser.com/press_releases/tata_press_20060214.htm
http://www.indianexpress.com/full_story.php?content_id=87970
http://www.indianexpress.com/comments_print.php?content_id=87970&from=0
http://economictimes.indiatimes.com/opinions/1415985.cms
Sounds to me like a case of criminal fraud by Tata.
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immm
07-08 07:34 PM
Here is the actual video (watch the first 3 minutes):
http://www.cnbc.com/id/15840232?video=412859221
http://www.cnbc.com/id/15840232?video=412859221
gsc999
06-17 11:57 PM
Lou Dobbs exposed...:rolleyes:
Lou Dobs is referred to as a right-wing populist demagogue. Atlast some one has the courage to speak out the truth.
http://www.wsws.org/articles/2006/jun2006/immi-j16.shtml
Lou Dobs is referred to as a right-wing populist demagogue. Atlast some one has the courage to speak out the truth.
http://www.wsws.org/articles/2006/jun2006/immi-j16.shtml
more...
dingudi
03-05 01:57 PM
Yep..they just noted that I came for the initial appointment and asked to come after my finger heals..i had surgery on the finger and went back after the finger healed
If you dont mind telling me, which ASC you went to ? can you give the city and state? Also when they put a note on the FP notice , do they return the original FP to you or they keep it. The reason I am asking is I am thinking of doing a walk-in at some other ASC in case the original ASC asks to reschedule instead of doing walk-in after healing. So I will need the original FP appointment if I goto some other ASC. My wife has some travel plans in coming 2-3 weeks and want to get this out of the way.
If you dont mind telling me, which ASC you went to ? can you give the city and state? Also when they put a note on the FP notice , do they return the original FP to you or they keep it. The reason I am asking is I am thinking of doing a walk-in at some other ASC in case the original ASC asks to reschedule instead of doing walk-in after healing. So I will need the original FP appointment if I goto some other ASC. My wife has some travel plans in coming 2-3 weeks and want to get this out of the way.
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acecupid
08-15 10:35 AM
The article is not very clear. It sounds like this will cause more trouble than benefit us. The 485 filing will be based on PD after pre-registration is cleared, so people who were originally eligible to apply for 485, EAD and AP when PD is current will lose the EAD/AP benefits during pre-registration process.
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WeldonSprings
05-18 06:28 PM
This is great news. I think the lawsuit was made to coincide with the conference between USCIS and DOS with members of Congress. This is a total game changer.
Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!
Hindi-Chini Bhai Bhai!!!
Bender's Immigration Bulletin (http://bibdaily.com/)
Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!
Hindi-Chini Bhai Bhai!!!
Bender's Immigration Bulletin (http://bibdaily.com/)
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raysaikat
12-19 08:16 PM
Thank you for replying.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
more...
punjabi
04-13 03:41 PM
CONGRATS!!
Please donate to IV today.
Congrats again!
I also pedge to donate $500 to IV on the day I receive the GC.
Hello IV Freinds,
I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.
.....
Thanks,
Please donate to IV today.
Congrats again!
I also pedge to donate $500 to IV on the day I receive the GC.
Hello IV Freinds,
I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.
.....
Thanks,
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mhtanim
02-12 11:20 PM
Sorry, if this seems off-topic.
I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:
* Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
* Will this have any negative effect on our greencard in the future?
Thanks.
Yes, you are allowed to take lifetime learning credit. It has nothing to do with your visa status.
It should not have any effects on your greencard process.
I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:
* Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
* Will this have any negative effect on our greencard in the future?
Thanks.
Yes, you are allowed to take lifetime learning credit. It has nothing to do with your visa status.
It should not have any effects on your greencard process.
more...
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ajain
05-27 02:38 PM
sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.
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sbabunle
07-18 07:25 PM
Here is my plan. Make as much dollars as I could. Stay as long as I could. Probably stay illegal for some years. ( So that I dont need to pay taxes too )Buy some land in Kerala( My home state) Plan rubber and pepper and ginger. And forget programming. All IV members are welcome to my ranch..:D :D :D
more...
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irrational
11-05 11:50 AM
You should probably call USCIS to see what is going on ?
Reciept Notices should be sent immideatly as soon as they recieve the application. If it has been that long, I would recommend calling them and see what the hell is going on.
I did not get my reciept notices too. Luckily, I had the reciept numbers from the back of my checks. I called and found out that they were sent to the wrong address. I immideatly corrected my address online.
Reciept Notices should be sent immideatly as soon as they recieve the application. If it has been that long, I would recommend calling them and see what the hell is going on.
I did not get my reciept notices too. Luckily, I had the reciept numbers from the back of my checks. I called and found out that they were sent to the wrong address. I immideatly corrected my address online.
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eb3retro
03-11 11:59 PM
No probs, we owe as much for all the hours you have put in with the EB number analysis.
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
check this out from www.immigration-law.com website.
03/12/2006: Comprehensive Immigration Reform: EB-2 vs. EB-3: Time to Consider Filing of Concurrent EB-2 and EB-3 I-140 Petitions?
* All of the comprehensive immigration reform bills in the Senate except the border security bills propose to increase the annual EB-3 numbers substantially. On the other hand, these bills propose to reduce annual allocation for EB-2 in terms of the percentage. When combining EB-3 for skilled workers/professionals with EB-3EW for unskilled workers, the combined EB-3 will run as high as 60% plus and minus. Besides, should Sen. Brownback amendment be legislated into law, a large number of nurses/physical therapists will be taken out of the burden in the EB-3 visa numbers. In the BECs, there still remain a huge number of mostly EB-3 cases including unskilled workers which will take out the immigrant visa numbers in the future, probably before the summer of year 2008. Still, 60+ of the total "increased" employment-based immigrant visa numbers must add upto a large number. Contrary to this trend, a large number of cases are filed in the EB-2 category these days. Considering the fact that EB-2 numbers may be reduced or maintain at the current level at best, EB-2 visa numbers may increasingly face the pressure.
* We hope that the history will not repeat itself. In the 1990s, there was a time when the EB-2 numbers were more oversubscribed than EB-3 for China. One may wonder whether it is time for the EB immigrants who attain the EB-2 labor certification to consider filing of EB-2 and EB-3 I-140 petitions concurrently or sequentially against the situation which reveal worse oversubscription of EB-2 over EB-3, particularly P.R. China. EB-2 labor certification is eligible for both EB-2 I-140 petition and EB-3 I-140 petition. It is a matter of paying additional $195 filing fees. Something to think about.
=======================
all i am saying is whether u r in eb1 or 2 or 3, we are all in a deep sh**t of this retrogression, you would never know, whether its good or bad being in a certain category in GC process, cos, most of the process su***s according to me. my perception is , if u have job in this country u work, and in this period, if u get ur GC, its good, if not, its not our fault. We are doing our part by supporting organisations like IV. But there is so much anti-immigration scentiments out these days, we get defeated so easily (eg S.1932). Work with IV and leave the rest to time.
my 2 cents..
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
check this out from www.immigration-law.com website.
03/12/2006: Comprehensive Immigration Reform: EB-2 vs. EB-3: Time to Consider Filing of Concurrent EB-2 and EB-3 I-140 Petitions?
* All of the comprehensive immigration reform bills in the Senate except the border security bills propose to increase the annual EB-3 numbers substantially. On the other hand, these bills propose to reduce annual allocation for EB-2 in terms of the percentage. When combining EB-3 for skilled workers/professionals with EB-3EW for unskilled workers, the combined EB-3 will run as high as 60% plus and minus. Besides, should Sen. Brownback amendment be legislated into law, a large number of nurses/physical therapists will be taken out of the burden in the EB-3 visa numbers. In the BECs, there still remain a huge number of mostly EB-3 cases including unskilled workers which will take out the immigrant visa numbers in the future, probably before the summer of year 2008. Still, 60+ of the total "increased" employment-based immigrant visa numbers must add upto a large number. Contrary to this trend, a large number of cases are filed in the EB-2 category these days. Considering the fact that EB-2 numbers may be reduced or maintain at the current level at best, EB-2 visa numbers may increasingly face the pressure.
* We hope that the history will not repeat itself. In the 1990s, there was a time when the EB-2 numbers were more oversubscribed than EB-3 for China. One may wonder whether it is time for the EB immigrants who attain the EB-2 labor certification to consider filing of EB-2 and EB-3 I-140 petitions concurrently or sequentially against the situation which reveal worse oversubscription of EB-2 over EB-3, particularly P.R. China. EB-2 labor certification is eligible for both EB-2 I-140 petition and EB-3 I-140 petition. It is a matter of paying additional $195 filing fees. Something to think about.
=======================
all i am saying is whether u r in eb1 or 2 or 3, we are all in a deep sh**t of this retrogression, you would never know, whether its good or bad being in a certain category in GC process, cos, most of the process su***s according to me. my perception is , if u have job in this country u work, and in this period, if u get ur GC, its good, if not, its not our fault. We are doing our part by supporting organisations like IV. But there is so much anti-immigration scentiments out these days, we get defeated so easily (eg S.1932). Work with IV and leave the rest to time.
my 2 cents..
more...
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smartboy75
07-17 07:49 PM
Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it
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needhelp!
01-11 12:42 PM
Keep up that spirit and make it your fight!
Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.
Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.
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eyeopeners05@yahoo.com
04-30 01:40 PM
Hiring firm does not know anything about AC21 and so how do I guide their attorney ? What points should i specify to him to start my app ?
starscream
04-30 04:03 PM
did the committee question Greenspan about any issues related to us EB GC issues?
Please update anyone
Please update anyone
acecupid
06-15 12:46 PM
Birth certificate from Indian consulate is NOT acceptable as primary evidence. You can however submit it as secondary evidence. Primary evidence has to be the actual birth certificate. If that is not available or there are any differences, you should make 2 affidavits from parents or close relatives which basically confirms your actual name as in passport.
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