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san3297

09-02 09:17 AM

I went to border and security deffered inspection site at Raliegh NC from this url

http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.

The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.

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kaisersose

07-31 06:00 PM

The Family GC option is only available to unmarried children. Now I do not know how this applies to your mother, but even if she can change her status to something else, it may impact your status assuming you are in the US now.

Anyway, it appears we have hardly any details of your case. Best to consult an attorney.

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vbkris77

04-13 09:03 PM

I don't think child's country works.. Most of the guys would have been
out by now including myself.. . But let us know.. I will fly to my lawyers office if it is true ..

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ravi98

08-30 08:34 AM

Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.

So close....yet not there... True, it is frustrating to not cross the finish line, at least you can see the finish line unlike many in EB3 I - who don't even know the # of laps they have to run!!
Hang in there.......you will get it!

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gman

07-29 02:55 PM

What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.

Are you looking for specific language? How was similar defined from your attorney?

Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:

SYSTEMS ANALYST

JOB DESCRIPTION:

Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.

JOB REQUIREMENTS:

1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.


The new job is: Director of Software Development

• Execute the company’s technology architecture and strategy.
• Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
• Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
• Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
• Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
• Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
• Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
• Travel approximately 25% of the time to both in-country and international destinations.
• Perform other duties as assigned by the VP of Software Development

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tabletpc

08-24 03:08 PM

Is it true that if we apply for candadian PR we can't apply for visitors visa to cananda.

I want to apply for PR to canada and also would like to go for stamping to cananda sometime after 4-5 months.

Thanks in advance...

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mirage

04-08 02:40 PM

On Page 3 they say total Employement based preferences number was 162,176

Than on page 6 they say total Employement based preferences number was 147,148

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gapala

09-05 10:01 PM

I guess, your picture was taken at local ASC. Call customer care asap and inform them about this mistake. If needed setup infopass and visit local office. Hope you will soon get it corrected from CIS

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jonty_11

03-28 04:38 PM

just looking at the tracker and getting a list of EB2 India - 1362 and EB3-India 1171...

This is a good representation of what has happenend with EB2 as many have switched from EB3 to EB2...in the coming months do not expect the EB2 numbers to move at all...even with spillovers...it will soon be unavailable....

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mantagon

07-28 09:12 AM

A couple of years back, my wife, who was on OPT back then moved from OH to TN. All she had to do was to give the written test in TN to get the TN license.

Also, from my past experiences, I can suggest you to try again by going to a different DMA. Speak to the manager, if possible and reason with him/her. Good luck!

Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.

Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?

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zCool

04-01 06:02 PM

I am waiting for 13 yrs! So frustration should not be excuse for law-breaking..
Every criminal has some sob story in the back-end that can be used to justify murder, robbery etc etc..
Anyways..
You want help.. here goes..
THERE IS NO LABOR SUBSTITUTION as of June 16 2007.
If your old sub labor was used by someone else.. AND his GC is not approved yet THEN your company can revoke that 140 and get your 140 approved that way. IF on the other hand that original beneficiary got 485 filed and AC21 invoked then you are plain out of luck.
I don't know what the heck this company B is talking abt, sending other labor etc.. I think they are pulling some stunt.. and basically lying!
If you have an option.. change and work for a good employer.. GC and all will happen in due time..

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hemya

08-18 10:17 AM

Do check with your company/lawyer to see if it has been approved. My online status still says 'pending' even though I heard from my manager and lawyer on July 18th regarding the approval of my I-140.

Approval date was July 14th

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sanju_dba

09-14 02:01 PM

I like the idea. But I wonder if this legal...

Good question,
What are the raffle laws of each state? | rafflefaq.com (http://rafflefaq.com/united-states-raffle-laws/) talks about the regulations, I am not sure which state to look for.

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yganreddy

08-31 12:45 PM

According to my knowledge you have 2 options
1) Travel to canada in Nov and return back using new I797 so that you can get new I94 upto Nov 2012
2) Go to the nearest intl airport and explain them your scenario to border security officer, mostly they can change the date on your I94

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gcdreamer05

01-30 11:07 AM

Sorry to hear about your situation...

There are few things you can do immediately. Try to see if you can afford to become a full time student (f1 visa)... talk to an attorney and find out this option, if you can join some school then you are not out of status, nor will be your wife.

If you are eligible to apply for an EAD do that too.

Really sorry man, dont worry this too will pass for sure...

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smartboy75

12-04 07:01 PM

Does that mean the above rules apply only when u want to become a citizen ???

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ajju

04-16 10:41 PM

While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.

Your premium fees arrived after your H1 approval.. otherwise its not refundable... Since he/she applied EAD/AP and after one week, 485 got approved.. They are mostly like deny the EAD/AP benefits saying you don't qualify... But its always good to call USCIS first hand and discuss the issue with customer rep to explain the situation...

USCIS # (800) 375-5283

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bibs

05-09 06:09 PM

HI
I am planning to file a for a fresh EAD or new EAD.
I had filed 485 on 08/06/2007.

Now I have the following questions:

1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
"If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
Does that mean I donot have to pay any fee to USICS for EAD application?

2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
On the I-765Instr document it says
"You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
Which document I should provide as per the above statement?

3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

Thanks in advance.

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vgc

07-26 10:37 AM

SA 2428. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:


At the appropriate place, insert the following:

SEC. __. EMPLOYMENT-BASED VISAS.

(a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

(1) in paragraph (1)--

(A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';

(B) by striking ``or 2004'' and inserting ``2004, or 2006''; and

(C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));

``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and

``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

(2) in paragraph (2)--

(A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and

(B) in subparagraph (B), by amending clause (ii) to read as follows:

``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:

``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.

``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

(1) in clause (vi), by striking ``and'' at the end;

(2) by redesignating clause (vii) as clause (ix); and

(3) by inserting after clause (vi) the following:

[Page: S9966] GPO's PDF ``(vii) 65,000 in each of fiscal years 2004 through 2007;

``(viii) 115,000 in fiscal year 2008; and''.

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sajimm

08-16 11:21 PM

Me and my wife took the chest X-ray and didn�t take the TB skin test. Doctor has checked the �not taken� check box for the skin test and �negative� under the X-ray section in the medical report.

Wondering this is going to get us in trouble

Anyone else in the same situation?

PD 2003 April EB3
485 applied - June 27th, Receipt and FP notice received.

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averagedesi

09-14 10:58 AM

Here is something interesting

My wife got her EAD approved for 2 years, she is suppose to get her extension only for a year as on Sep 10 when they renewed her card the priority dates were current.

USCIS an organization that is above and beyond the laws of this country.

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