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  • sduddukuri
    04-07 07:56 PM
    We didnot file MTR. As per my lawyer, MTR takes around 2-3 months and if in case MTR gets denied then the total time (from the date of denial) will considered as illegal and it will create more problems. I also went along with my wife to chennai embassy(both H1 and H4 renwal ), they just asked me my paystubs and about my company . they didnot ask my wife any questions.





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  • bitzbytz
    07-13 02:24 PM
    i backup admin...no threads for illegal issues. May be we can use private messages.





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  • suny_saini
    08-05 11:46 PM
    My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

    but i have a valid point mentioned after the follwing subject. please check if the point is valid.
    ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
    REF: (A) 02 STATE 163054 (B) 02 STATE 123775

    -------

    If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

    follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

    purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

    derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

    join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

    in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

    within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

    approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

    adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

    I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
    (READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

    I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
    IS THERE ANY OTHER WAY ANY ANY ANY WAY???
    CAN THEY APPROVE IF I REQUEST THEM ?
    WHAT IS the way out?

    I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

    I have found this point please have a look and determine if there is a chance?

    VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
    ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
    SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

    JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

    ALSO there is a last hope

    A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

    a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

    terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

    203(g) termination will be considered a "final determination.")
    AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

    WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

    Please correct me.





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  • Kitiara
    10-23 04:50 AM
    I am about to prove once and for all just how geeky I am. :)

    Vincent was indeed hidden in the Shinra Mansion in Nibelheim. You can get him the first time you visit there. Somewhere in the Mansion is a bit of paper with four clues on it (the last is in invisible ink) telling you that someone is locked away in the basement and by getting these four clues right, you'll find the combination to open the safe and get the key to release him.

    When you've got all four numbers, you open the safe and get attacked by a monster called Lost Number (don't ask how i remember all this. I have no idea). He's got one strong magical half that's vulnerable to physical attacks and one strong physical half that's vulnerable to magic. Eventually you'll kill one half off and be left with the other. I found that the physical half is more likely to kill you, so soon as the whole battle begins, only use magic attacks to kill off the physical side and be left with the nice and easy magic one.

    Once you've killed him completely, you'll get a key and an Odin materia.

    Go to the basement as per the storyline. Once you're down there, there's a screen with a long passageway leading up to the library. There's a door there. Open it. Find Vincent. You'll have to talk to him a couple of times though, until he just says "Leave me alone" or something similar. Do the whole Library / Sephiroth bit then come out and he'll join you.

    Phew!



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  • nrk
    10-17 10:15 AM
    Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand

    Hi I am in 4th year of working with a cosulting company. Their response is little slow, but committed to what ever they say. Overall i like the present company.
    It is Paradigm Infotech based in Maryland. If you want to check out take a number from the website and call them directly.





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  • asanghi
    10-08 01:49 PM
    They might be trying to put pressure on US govt to agree to totalization agreement. The number of Americans working in India is on rise. It is nowhere close to the number of Indians working in US though.



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  • s416504
    08-29 12:24 PM
    I saw many 2nd July Polls but doesn't have full proof information.
    So thaught creating New Poll.
    Hope everyone will participate in the Poll.





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  • RNGC
    02-15 01:47 PM
    uploaded the letter



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  • REQUIRE_GC
    02-15 12:04 PM
    My I140 is pending since MAR 07 (waiting for almost a year)from NSC...still no LUD or decision...its very frustrating:confused:

    See my signature





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  • vinzak
    01-04 11:34 PM
    This is how they could have replied. They should have started a 10 Rs. Education cess on every McDonald burger sold and every Pepsi/Coke bottle sold and every pizza sold by pizza hut & Dominos. This is barely anything, as it is only what we see on the surface, other big corporation like Walmart and several defense contractors are also operating freely and feeling home. Indian govt. should start taxing them..
    America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..

    When it comes to shaking down foreign companies, the Indian govt. is way ahead of the US govt. The Indian govt is suing Vodafone for acquiring Orange and Kraft for acquiring Cadbury insisting that these companies should have done a tax deduction at source when buying these companies. Meaning that if Kraft bought Cadbury for $100mill, they should have paid only $70 mill and sent the $30 mill check to the govt.

    Look it up, and you'll realize that any government in the world will shake anyone down for some extra money, not because it's right but BECAUSE THEY CAN!!!



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  • amberGC
    07-19 10:05 AM
    Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.





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  • pointlesswait
    09-17 10:19 AM
    The answer to ur fulltime on H1 is NO...even a leave of absense wont help..as you are not a citizen..and every non citizen has to be on F1 if in FT program.....
    Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)

    if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...

    been there...done that!

    Hi All,
    I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
    I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
    How about pursuing a full time MBA with EAD ( 485 PENDING)
    I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?



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  • extra_mint
    05-16 01:31 PM
    PD June 12, 2006 NSC
    Waiting for my spouse's GC (dependent)

    I got mine (primary) over the weekend. Any one else in same boat ?
    Me and my spouse didn't applied together, I added her in 2008.





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  • indyanguy
    01-30 07:59 AM
    Bumping for help . Thanks



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  • kerstbrd
    03-19 03:03 PM
    maybe they denied the I-140 without updating the website.





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  • ItIsNotFunny
    09-22 04:43 PM
    Ignore distractors. Keep calling please. Play now and pay for ever or pay (20 minutes) now and play for ever.



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  • Leo07
    10-23 03:00 PM
    It's mandatory to file AR11. best part is, it takes less than 2 min to file it online.

    Here is the Link to do it online:
    https://egov.uscis.gov/crisgwi/go?action=coa

    1. For the A# in the form, Should I leave it blank?
    I left it blank, as I do not have a A# I'm on H1-B. Read the FAQ here:
    http://www.nriol.com/immigration/usa-immigration-faq.asp

    2. I wrote down the address where I go to "Work" everyday.

    3. One more thing that you'll need to know: On the Next screen where you click the "Update", You will be presented with:"Yes, I have a pending application with USCIS and "No, I do not have a pending application.

    Here I selected : "No", Since my H1B and 140 are already approved and I did not file for AOS, yet. So, in that sense, I do not have a pending application with USCIS. if you've filed for AOS, then obviously you;d select "Yes".( Sorry, I don't know what happens, if you select "yes")

    Hope this helps!

    I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.

    Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.

    If I file the AR-11 now. couple of questions.

    1. For the A# in the form, Should I leave it blank?

    2. For the section "I work for or attend school at : (Employer name or name of School)"
    I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.

    Please help...Thank you in advance.





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  • gcgreen
    07-22 02:31 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?


    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.





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  • REQUIRE_GC
    09-18 01:33 AM
    talk to a lawyer. What you might need instead is to send an explanation that the last time you were admitted is the date stamped on your passport/I-94. The date mentioned in your I-485 is the last date of entry after a non-stamping readmit using visa revalidation etc.

    I have received RFE for very similiar situation. I entered through Niagara Falls
    from Canada and My Passport was NOT Stamped. I received RFE for last lawful Entry in United states.

    My Attorney told me to submit all CC statement and Affidevit explaining what happened on the POST ( IO checked my Passport and not stamped that sort of ..)

    I have PR from CANADA so, while going to CANADA also my passport was not stamped. We are sending the RFE response today (09/18/2008).
    Would this be a big issue? or It is a routine RFE?
    GURUS ANY THOUGHTS?





    chi_shark
    03-25 03:47 PM
    BTW isn't I-485 for a future job ? How does the current work location matter ?

    thats what scared me when i read this thread... so, basically, they are using even the pending 485s to raise issues on 140 etc... this i bad stuff.





    acruix
    06-19 12:58 PM
    I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?

    Please let me know.

    Thanks in advance!
    ~Anil



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