Hi
My wife got her GC in Nov 9 2007

She stayed in US for 183 days between Nov 9 2007-Nov 8 2008

She stayed for 90 days between Nov 9 2008- Nov 8 2009.

She left for India on July 9 2009.

Question:

If she wants to come back to US in Apr 2010 can she enter without any problem?

My son also got his GC in Nov 9 2007.

He stayed stayed in US for 90 days between Nov 9 2007-Nov 8 2008

He stayed in US for 90 days between Nov 9 2008-Nov 8 2009.

He too left along with my wife on July 9 2009.

He is only 9 years old.

Can he enter into US on April 2010 without any immigration issues.


Daughter (who is now 14 years old)

She got her GC only JUne 2009. She too left along with my wife on JUly 9 2009. Can she enter in Apr 2010 without immigration problem?

Pl let me know urgently.

Thanks
Vidya

I had applied for my AP on september 11 2009 at TSC. I recieved a receipt and I am waiting for approval since then. I am planning to travel out of country on 17th november 2009.

1. Do i need to cancel my tickets ?
2. Can I travel and ask someone to post the approved AP to my india address ?
3. Is there any chance that I may get biometrics notice during my travel (ITs already past 60 days) ?
4. In the worst case can I get H4 stamp (my husband is holding H1) and come back and start working on EAD ?


What are my options ? Any input will be appreciated.;

For me

company 'a' and company 'b' are owned by same owners and they do same kind of business.
I have perm filed and approved i-140 under company 'a'.i am currently working on h1b visa with
company 'a'.

Now the owners are merging both companies and operate under company 'b'(they will use company 'b' tax id)

now i have following questions.

Do i need to file a new perm or i-140 or an amendment will work fine?

Do i need to file a new h1b or amendment will work in this case to?

And for my friend
company a and company b are owned by same owners and they do same kind of business.
My h-1b is under 'a' and my perm was filed and i-140 got approved by 'b'.
I continuing workin with a on h-1b.
Now b is merging in a (company 'a' will use its name and tax id for all future business practice)

will this merger make any effect on my approved i-140?
Do i need to file a new i-140 because company 'b' will not be in existence(even my i-140 was approved
under 'b') or i just need to file an amended i-140.

Can company B apply for H-1 transfer when copany A have already aplied for H-1 extension? and visa over? Please reply and help

My PD is sept 2006, EB2. Any predictions? I am tired waiting . Feel I am wasting my time here.

Need your opinion on this.. filed for I-485 on EB3 in July 02. I am the dependent applicant. I have been married since May '04. My husband wants to apply for a divorce. He got his GC in 2007 but for some reason i didn't get mine. I have my EAD and i am working. What are the consequences if he files for a DIVORCE? what happens to my job? Do i need to leave US? what are the other options to stay back here is US?

Please i need some input.. Thanks in advance

Hi,

For a while I have had the feeling that my lawyer is charging too much for services that in my opinion should have been part of the initial agreement between the client and the firm.

We have already paid way more in lawyer fees than the original estimate that the lawyers put together for the application of a green card through employment. I am in last phase of the process ( adjustment of status) so basically we are waiting for the approval of the green card and at this point the lawyers don't really have a lot left to work on our case.

However we need to renew EAD every year and also our paroles ( for me and my wife). The lawyer charges $300 every time we need to renew these documents. Besides that we keep receiving bills for additional charges ( a phone call, an e-mail sent, etc).

I am frankly tired of this. I wonder if any of you guys have had a similar experience and how advisable is to change lawyers at this point.

Thanks.

Hi everyone, I was wondering...who is first in the chain of command, Homeland Security or ICE? We received a letter from ICE telling us to appear at the local ICE field office for a meeting concerning our Withholding for Removal which we got from an immigration judge in 2004. We never got a letter from Homeland Security about this meeting, or that there was a problem with our Withholding so you can imagine our shock when we got to this meeting and we were told that we had 4 weeks to prove that we have applied to go to a third country! After all this time???We have never done anything illegal..ever......and now all this. Its like ICE is trying to overturn to judges orders by using fear and intimidation to get us to remove ourselves from the country because they couldn't legally do so in 2004. He kept telling us that since we have withholding we are illegally in this country. Is this a renegade ICE officer or do you think this is really coming down from Homeland Security, because normally they would write a formal letter stating their reasons etc..... What do you think?

- Pre-approved labor dated 03/2004
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

Please advice what are options available for me.

Will it be a problem if I travel Chicago-Newark-Mumbai in continental airlines....with expired visa. Planning to go for stamping in India....

I am planning to take up Masters Degree On-line.

1. Do they consider on-line University like Devry or Phoenix Univ for EB2 application?

2. Will I be starting from labor application if I convert to EB2?

I am in IT industry and from Philippines. My priority date is 2007. I think I should get master's degree because my wait will be more than 3 years from now.
I will appreciate your legal advice or based on your experience sharing.
Thank you!

Hi

My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)

These are my questions:

1. Do I really need to apply AC21 now?

2. If I apply AC21 with Software Engineer title what could be the consequence

3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?


If anyone has better idea, please advise me. I'd really appreciate all your help.


Thank you very much.......

My spouse has a MS in Engineering and has been working with Aircraft Industry since 2001. He started his Green Card process back in December of 2001. We got married in 2003 and by September of 2003, we had an approved I-140 and we both got our EAD. We have been waiting since then [September of 2003] to get our I-485 approved. We get our advance parole renewed every year and had our EAD renewed 6 times so far. All colleagues who had applied around the same time as my husband got their I-485 approved and GC granted in 2005-06. The attorney we are working with started filing people with the same qualifications as my husband for similar job positions on EB2 now.

I understand the current date for EB3 for India is April 2001. What are the chances that December 2001 will become current before the quota becomes unavailable this fiscal year? Also, if we do not get our GC approved this fiscal year and the dates retrogress again next year, will it be wise to move my husband’s case from EB3 to EB2 and how long EB2 processing will take. And in that case will he have to start from scratch?

Is there anything we can do to find out what is happening with our case and why such a delay? Any suggestions and advice is welcome.

We appreciate your time and response.

Hi,

Can anyone here look at my appeal and provide any suggestion/help to push my papers through.

The I-129 petition filed by my petitioner was suspended during my visa interview for the first time requesting for following documentation.
1) Petitioners IT Return for last 2 tax years
2)Notarized list of all the petitioners employees for job site listed.
3)Unemployment wage report.

I provided all the documentation requested, but the papers came back asking for unemployment wage report for all states for the second time.

We provided these details too, but unfortunately my case was turned down for some reason not known to me.
Currently my petition is sent back to USCIS. I am not sure how i can get this cleared?

Any suggestion in this regard would be of great help!

Please share your views on this case.

Hi ....i don't know where i start but all i think on it now is what that mean ?

On September 2, 2009, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

i do this check in u.s citizenship site

Hi,

Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.

My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).

Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?

Appreciate any help/pointers on this.

Thanks

Hello Sir/Madam,

Currently I am on H1B Visa Status. I would like to change my status from H1B to F1 visa as soon as possible.

In order to move forward applying for the Change of status, I have few questions which I would like to clear before we move forward with the Change of Status.

My Current Situation :
I transferred my H1B from Company A to Company B. Currently i am working with Company B, but my H1B Application is Still Pending with Company B.
Now i would like to do the COS from Company B(pending H1B) to F1. I already received I-20 from the University for the Spring 2010.

Case Description: Assume that, we applied Change of Status from H1B to F1 and it is in pending status.

Case i : what happens to my Pending H1B Application with the Company B.
Case ii : What happens if my H1B with Company B gets approved/Denied, when COS from H1B to F1 is pending.
Case iii: what happens if my H1B to F1 Change of Status gets denied.

Overall, I would like to know, the status of my Current H1B Application, once the Change of Status is initiated.

Appreciate for your valuable answers.

I was recently audited by Someone from Dept of Homeland Security regarding my H1-B visa status.He asked several questions regarding my position,job duties,pay,work hrs
How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.

I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.

Does any one elase had same experience?

I've sent my I-485 pack last thursday ( Sept 30, 2009). When do you think i will receive any response from USCIS? My PD is March, 2001. I am an EB3. Thank You for your response.

Hi,
I have issues with my GC sponsoring company led me to leave without notifying them from Aug09 and joined a leading Consulting company as a W2 consultant with the same job role/skill set using my EAD.
I am not aware of, if they have cancelled my H1B or Revoked my I-140?
My current Job is not a permanent ONE and I am working as a W2 consultant and I will be with them only for the time period of this particular project. But I do see a possibility of my project extending to next 6 months. Can I submit AC21 now; should I be submitting AC21 whenever I move to a new client, because I will be working as W2 consultant going forward with all my future clients? Considering this situation please advice what will be the best approach to keep my I485 process active and keep my EAD valid until my CG is approved.
OR Starting my own consulting company and port all my GC process with my company and file AC21. Is this approach workable?
Any suggestion will be helpful.
Thanks a lot for going through the mail.