Wednesday, June 15, 2011

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  • vnsriv
    03-31 04:32 PM
    I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

    If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !

    I second this. Tax Filing has no implications on your immigration status.

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  • DSLStart
    03-30 10:00 PM
    Congrats :)
    Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.

    no updates online just received postal mail from USCIS today .

    I guess end of long wait , been in country from 2001 .

    I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .

    FYI - I dont know if my back ground check is clear or not , I guess it is .

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  • stueym
    07-07 11:57 AM
    Just wanted folks to know that our family recorded a video entry on Youtube for the CNN-YouTube presidential debate competition.

    CNN-YouTube Democratic debate contest (

    They are looking for a few winners that will be used to pose questions to democratic presidential contenders. My son who is an International Affairs/Poli-Sci student wanted to do this and wanted our support.

    You can see our video here.

    The higher rating and more views/comments we get the more attention we will get from CNN.

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  • Texascitypaul
    02-23 05:02 PM
    Even though you entered under the VWP, and even though you remained here after your I-94 expired, you can file for AOS based on your marriage to a US Citizen.

    Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.

    Again thank you very much for the speedy reply.

    So i need to file all at the same time the following..
    Application to Register Permanent Residence or Adjust Status I-485 $1,010 ($930 plus a biometrics fee of $80).
    Affidavit of Support I-134 $0
    Petition for Alien Relative I-130 $355
    Application for Employment Authorization I-765 $340

    Is this everything? so assuming all goes well i would be protected from deportation from the time of filing until decisions are made? and would also be able to get EAD and SS number from that point on?



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  • desi3933
    07-06 11:53 AM
    This is a very basic question and I need answer on this as early as possible and guidance from you.

    I came to this country in Dec 2001 on H1B Visa.

    I never applied for green card since then.

    Now on Dec1,2007 my H1B expires so I will have to go back to China.

    If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?

    Am I even eligible to do so?

    Can I go to Canada and still work in USA (Since I live close to canadian border)?

    If you have gone for out of US vacations etc, you can claim "absence time" to extend H1 beyond Dec 2007. For example, if total time outside US is 3 months then you can extend H1 until Mar 1st 2008.

    This gives little more time to get I-140 approved and file for 3 year H1 extension based on approved I-140.

    Not a legal advice.

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  • gman
    07-08 07:36 PM
    Did this ever go anywhere?


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  • LondonTown
    03-08 03:38 PM

    sorry to hear about your denial.

    Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.

    I am not sure if this process is followed for everyone as each case has its variables.....
    hope this helps...

    Thank you for your reply.
    If you can ask, what documents your friend submitted to renew the EADs-- Was it pending 485 receipts OR appeal receipt for I-140?

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  • LondonTown
    03-08 03:32 PM
    Thanks Drak. My attorney states otherwise though. He states that I-485 will be denied only after the ultimate denial of the I-140, which he says might take even about a year, and that in the mean time, I-485 will be valid and that she can continue to work on EAD.

    P E R P L E X E D !!

    I took advise of two lawyers (one is very famous) and both told that if I40 is denied/appealed - do not use EAD and file another PERM immediately, which I did.


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  • jonty_11
    07-11 04:38 PM
    Normally a Month, ask ur lawyer to call and find out.

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  • syzygy
    06-17 01:37 AM
    I am in same boat. Very concerned what will happen. Do you have interaction / advise from any lawyer?

    I wanted to ask IV if there is anything we are doing for people like me.
    After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
    So If the bill passes I even can't apply for LC and so force to go back after 6 years.
    Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
    Are there ANY people left like me?


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  • suriajay12
    05-13 07:11 AM
    We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.

    Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.

    Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.

    Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?

    Its not unemployment, but swine flu thats responsible for this retrogression mess. They could imagine this flu will strike in 2009 and hence wanted to discourage people to come to US or to adjust status here. They know immigrants travel more than citizens out of country and to Mexico and hence more chance to get that virus to US.

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  • mambarg
    07-27 02:01 PM
    I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
    But my attorney said its no use to beat the system and I should wait till october.
    I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.

    Every day matters as the counter is 180 days. It is like a time bomb clock.

    I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.


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  • peer123
    04-04 01:05 PM
    bumping again... my apologies...

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  • sujan_vatrapu
    10-26 10:38 PM
    to be 'fair' FOX is better in the sense we know what we are getting but if u look at NPR, CNN, CBS, ABC, NBC, they make us believe they are giving out a balanced view of the world but they all have a 'liberal' agenda, to understand the issues better you have to listen to both sides of the argument, by criticizing FOX over and over in this forum we are shutting down cone side of the argument, many commentators on FOX expressed their supporting of legal immigration,


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  • H1InTrouble
    09-21 09:31 AM
    Thanks for the reply. My new employer is fine. He is sure that my current employer cannot do anything as he has failed to meet his obligation as an employer. He cannot provide me with a job at the moment. But my end client is hesitating now. They are a very big company and do not want to get into any legal issues.

    If my end client says No then my new employer will also probably back out because of lack of project.


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  • capriol
    07-06 02:32 PM
    you should be fine. do you have a valid transit visa? i think you need to have one if you are travelling through the European Union.

    Dear friends,
    I received all the three responses to my queries on AP travel. All three of you have confirmed the same. Thanks a lot, I feel a lot better now. Although, as one of you mentioned about a transit visa through the EU, I will be waiting within the Amsterdam airport for 3 hours to take the connecting U.S flight, and so I don't think I need a transit visa. Thanks a lot.


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  • questforgc
    08-26 02:47 PM
    Thanks for the info bluez. I think i will stick with my AOS.

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  • optimist578
    03-18 01:05 PM
    Most of the pro-immigrant bills donot seem to have cosponsors, whereas, the anti-immigrant/security-enhancing/american-jobs-protecting bills have a lot of support.

    A small list of bills I found somewhat relevant to our issues...

    H.R.133 : To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (5)

    H.R.938 : To amend the Immigration and Nationality Act to make changes related to family-sponsored immigrants and to reduce the number of such immigrants.
    Sponsor: Rep Gingrey, Phil [GA-11] (introduced 2/8/2007) Cosponsors (17)

    H.R.19 : To require employers to conduct employment eligibility verification.
    Sponsor: Rep Calvert, Ken [CA-44] (introduced 1/4/2007) Cosponsors (24)

    H.R.132 : To impose a criminal penalty on an alien who fails voluntarily to depart the United States after securing permission to do so, or who unlawfully returns to the United States after voluntarily departing.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (2)

    H.R.98 : To amend the Immigration and Nationality Act to enforce restrictions on employment in the United States of unauthorized aliens through the use of improved Social Security cards and an Employment Eligibility Database, and for other purposes.
    Sponsor: Rep Dreier, David [CA-26] (introduced 1/4/2007) Cosponsors (24)

    H.R.842 : To provide for enhanced Federal, State, and local assistance in the enforcement of the immigration laws, to amend the Immigration and Nationality Act, to authorize appropriations to carry out the State Criminal Alien Assistance Program, and for other purposes.
    Sponsor: Rep Norwood, Charles W. [GA-10] (introduced 2/6/2007) Cosponsors (None)

    H.R.131 : To impose a mandatory minimum sentence on a deportable alien who fails to depart or fails to attend a removal proceeding.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (1)

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  • tabletpc
    12-16 10:22 AM
    Don't Panic but retaliate.

    Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....

    After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
    Suggestion: keep the employment termination letter/note/email for records for future reference.

    01-10 01:47 PM
    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.


    Can you explain ur case in detail. the part "I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues." is interesting ... did u renew H1 by getting another stamp ... did u change companies on H1 after the AP travel ?

    05-06 03:55 PM

    there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.

    your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.

    As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.

    Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(

    If people really want to do something, then how about we organize a rally in DC and show up in thousands?

    Then everyone will know you and you do not need to go to meetings just to show your faces and expect that someone will have mercy on us and think about us next time.

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