hi,

i entered the US on AP in Jan 2010, and at the time of entry, my I94 validity was set for
1 year (viz Jan 2011) - and the AP also noted "AoS" status on it.

(a) Is the validity of my I94 (and thus my legal stay) 1 year, or as i have read elsewhere,
if AoS is pending, then its valid till the AoS case is decided?

(b) If the validity is 1 year, what is the process for extending the I94 validity?

thanks for your time,
-andy

Hi,

I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.

So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?

This is my second trip on AP.

Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?

Adding to this, my PD will be current from Aug-1st :(

Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)

An internal USCIS memo weighing the options for admin fixes is leaked to the press yesterday. DHS calls it admin fix memo, conservatives call it amnesty memo.

http://www.propublica.org/documents/...gration-reform

For legal immigrants, provisions for traveling without advance parole, work authorisation for H4's, temporary extension of EAD upto 240 days when an application to renew EAD is submitted are under consideration. There seems to be a great focus on EB5 visas, but the memo doesn't detail how rules for this category will be modified.

Politico article on the same topic.
http://www.politico.com/news/stories/0710/40475.html

Hi,
Citizenship: India

Job title: Architect (except naval....)
ONET JobZone: 5
SVP:>8
PWD (received): Level 1
I-140: EB2 (hopefully)

Recruitment Info-
Position Offered: Architect
Experience: 1 year
Education: Masters degree

Clarifications:
1) Does 1 year of experience have to be obtained after my Masters degree or can it be before? I have 4 years of experience with my current employer which i know does not count (unless they prove a business necessity= Audit?).

2) Will I be able to apply for I-140 in EB2 category? Since a Master's degree+1 yr experience is the criteria in the advertisements will I have any problems with the I-140/EB-2 ?

3) Can the employer post specific skills as a mandatory requirement for hire: Eg: Autodesk Revit (software). This is an actual requirement and not a screening measure. I trained the entire office on this program when I joined.

4) What are the chances of getting audited during the Labor Certificaiton process based upon the above info?

We have an attorney helping us out, however, I sometimes get conflicting information from different people in their office. (or it may be the case that I just don't get it!!)
Any clarifications, opinions or experiences would help. :)

Hi My name is Chamraj from India, obtained a h1b from a new jersy based company in Dec 2007. I have signed the agreement of Employment i.e part of my offer letter before appearing for my visa interview.

Infact they had given two offer letters. 1. offer letter with no agrrement of employment after shortlisting me for processing h1b.

2, Offer letter with agreement of employment just before going to us consulate for stamping.

I was asked to give a indian bank guarantee of 100 thousand INR, so i have given them a BG of 100 thousand INR. During last 30 months i was asked to renew my BG twice and i did the same and gave them the renewed copies. But they never bothered to send me to us on h1b.

BG got expired on last month and now they want me to travel to US immdly.
If i do not travel they were asking me to pay 4000 USD as the expenses incurred to process my h1b visa. They also want to take legal action against me.

I have waited for 2,5 years waiting for them to send me to us. they did not send me during last 2.5 years,

Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.


I am still in India and i was not paid single penny by the company so far. I waited for more than 18 months and now already 30 months over.

Pls advice how i can face his legal action. Can he take a legal against me when i am india where the offer is subject to laws of New Jersy state laws.

Thanks

Hi My name is Chamraj from India, obtained a h1b from a new jersy based company in Dec 2007. I have signed the agreement of Employment i.e part of my offer letter before appearing for my visa interview.

Infact they had given two offer letters. 1. offer letter with no agrrement of employment after shortlisting me for processing h1b.

2, Offer letter with agreement of employment just before going to us consulate for stamping.

I was asked to give a indian bank guarantee of 100 thousand INR, so i have given them a BG of 100 thousand INR.

During last 30 months i was asked to renew my BG twice and i did the same and gave them the renewed copies. But they never bothered to send me to us on h1b.

BG got expired on last month and now they want me to travel to US immdly.
If i do not travel they were asking me to pay 4000 USD as the expenses incurred to process my h1b visa. They also want to take legal action against me.

I have waited for 2,5 years waiting for them to send me to us. they did not send me during last 2.5 years,

Extract from Agreement:

If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.


I am still in India and i was not paid single penny by the company so far. I waited for more than 18 months and now already 30 months over.

Pls advice how i can face his legal action. Can he take a legal against me when i am india where the offer is subject to laws of New Jersy state laws.

We need passionate leaders like Rep. Anthony Weiner to take up our cause -

[yt]W4zwCMf8dsc[/yt]

Hello All,

I created USCIS Service Request for inquire about I-485 status. I got the below replay. What it means assigned to an officer ? Will I get approved I-485 soon OR It's general message saying I will get approval based on priority dates ? Give me your thoughts please guys

"Service records show that your case ready for adjudication and currently waiting to be assigned to an officer. If you have not heard from us within six months, please call us at the number listed below"
:)

Hi,
I entered US 3 yrs ago on H4 and started my masters on H4. But I changed my status from H4 to F1 during my last sem. Now I'm on OPT from last month and working. I have to travel to India this year end. So, it is safe to travel and get my F1 stamped, since i already completed my studies. Or is it safe to ask my employer to apply for H1B this year and then travel on H1B and get that stamped.

Will appreciate all the responses.

Thanks.

My in-laws got their visa at new delhi consulate on friday. they had appointment in english at new delhi. I had been looking for hindi appt dates at new delhi since june mid every day for 6-7 hours at morning and evening but could not get any hindi dates. Finally, had to book english dates on july 23 for july 30 appointment. here is my in-laws' experience:

first, they had a VO who asked them qs in english with accent. they were not able to understand a thing, so they requested him to ask qs in hindi after which he asked them to go to another counter where a young guy asked them qs in hindi. he was very polite and smiling all the time.

VO: Show me ur daughter's visa
we did not send them my wife's visa since i was sponsoring them.
Dad: We do not have daughter's visa. Here is son-in-law's visa

VO looked at the visa (I-797 and visa stamp copy), checked in computer for 4-5 mins and then asked
VO: Was it an arranged marriage?
Dad: Yes
VO: Tell me more about the process.
Dad: It was arranged marriage. My son-in-law's parents contacted us and then the girl and boy met each other and .....he described the process of arranged marriage.

VO smiled and asked: What do you do?
Dad: I am a businessman.
VO: What kind of business you do?
Dad told about his business

VO: Aapka Visa Manzoor ho gaya hai (Your visa has been approved).

Hi All,

I received an RFE based on my qualification and the Job requirement qualification.

While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

1. Accepted / Required Bachelors Degree for the Posted Job:
Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
2. Any Other Alternate Degree accepted:
NO

And in my profile, he listed the degree as ENGINEERING.

Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

The USCIS is requesting evidence that the beneficiary obtained a Bachelor’s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

MY Attorney Suggested 2 things.

1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

Please let me know if i stand any chance with these 2 options.

Hi,

Could anyone tell me whether it is possible for one to travel to India with a valid AP( eg:wife) when the primary applicant (husband) is looking for a job? I would really appreciate your answers.



Thanks in advance.

Hi,
My employer want to apply part time H1B for me.

My backgroud does not match the company very well. My employer want to change my title, because the salary of the title matching my background is too high. But then they said the compay is not profitable now. So they want to apply a part time H1B for me.

There is something I am not clear.

1. what the advantage and disadvantage of part time H1B?
2. Can I go back to China and re-entry U.S with H1B?
3. Because it is hourly pay, so the hourly pay rate is based on what?
4. How may hours can I work every week?
5. If this company apply part time H1B for me, can I still work for another company at the same time? I mean work for 2 or more employers. If I can, should the other employer apply H1B for me as well?
6. Can I work overtime? For example, the contract say I should work 24-32 hours, but I work 40 hours.
7. Another thing about work overtime is, for example, I work 12 hours on Monday and 16 hours on Tuesday. Can I do this? How should my employer pay me?

Thanks very much.

Hi,
My employer want to apply part time H1B for me.

My backgroud does not match the company very well. My employer want to change my title, because the salary of the title matching my background is too high. But then they said the compay is not profitable now. So they want to apply a part time H1B for me.

There is something I am not clear.

1. what the advantage and disadvantage of part time H1B?
2. Can I go back to China and re-entry U.S with H1B?
3. Because it is hourly pay, so the hourly pay rate is based on what?
4. How may hours can I work every week?
5. If this company apply part time H1B for me, can I still work for another company at the same time? I mean work for 2 or more employers. If I can, should the other employer apply H1B for me as well?
6. Can I work overtime? For example, the contract say I should work 24-32 hours, but I work 40 hours.
7. Another thing about work overtime is, for example, I work 12 hours on Monday and 16 hours on Tuesday. Can I do this? How should my employer pay me?

Thanks very much.

I was going through the requirements of the Dream Act 2009, and was wondering if i would be eligible for it, hypothetically of course, since its not a law yet.

I had entered the country when i was 13, on an A-2 Visa and spent a year doing freshman year high school, after which i moved back to my home country, with my family.

I entered the country again in 2005 to complete my Masters Degree, and am still on my F-1 Visa, i have been in the country for 5 years continuos now, without having gone back to my Home country on vacation or even outside the US. I am 31 years old as of now. And have no visa violation or criminal record, ever.

I got the requirements for the Dream Act, as follows:

The following is a list of specific requirements one would need in order to qualify for the current version of the DREAM Act.

-Must have entered the United States before the age of 16 (i.e. 15 and younger)
-Must have been present in the United States for at least five (5) consecutive years prior to enactment of the bill
-Must have graduated from a United States high school, or have obtained a GED, or have --been accepted into an institution of higher education (i.e. college/university)
-Must be between the ages of 12 and 35 at the time of application
-Must have good moral character

Hypothetically if the Dream Act, in its current form, were to be implemented this year, would i be eligible? or is it only for children of Illegal Aliens who entered the country before 15 and stayed on ever since.

Thanks, though its still not a law, i was just curious if i would be eligible, if it were to be.

We had applied for our son PIO card around on July 1st, in Embassey of India, Washington DC. They also require original passport to sent along with the package. Its been more than 30 days and no clue. No answers to eMail / Voice Mail / Fax ..., We already made travel arrangements on Aug16th and worried now. Can some one share your experience applying PIO card in Embassey of India, Washington DC. Appreciate your help !!!

worst case if i wont get PIO card after 1st week of August i am planing to go Washington, I have to travel from south carolina.will they provide me if i request PIO card.

My PD is Feb 2008 and my I-140 has been approved the same year. I am on my H-1b 3 yr extension.
If I were to change my job now, will I lose my PD or can the new company refile my new I-140?

Hi,

I took an infopass appt for EAD pending more than 90 days. Both my EAD and my wife's EAD is pending for more than 90 days. Should I take 2 different appointments or can we both go in the same appointment.

Thanks.

My case got transferred from NSC-CSC-TSC ( I never lived in CSC service area). I received transfer notice 3 years ago from CSC. I have been filing EAD, AP and my 485 with my current address. I have been living in the address for many years. Today I went to field office to make sure all the information are correct with my case. Officer told me there is no Address on my File and that causes delay in adjudicating the case and mostly likely it will be closed as abandoned. I was very upset since this actually happened with my original 2001 labor (I lived in the same address) and they closed it as abandoned.

I encourage members to check with their field office to make sure address is there in 485. I ended filing a AR-11 form for no reason. Officer told me most likely the data was not entered in case transfer process. What a mess!:confused:

Remember just because your EAD/AP/H1/I-94 has the address you live, it doesn't mean I485 application in system will have it.