Monday, June 13, 2011

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  • GCaspirations
    10-18 11:38 PM
    I am one of the July 2 filers. I need to go to India on 1st November. I was hoping that AP will come by that time. But there has been no progress on that. Just spoke to my Attorney. She said that USCIS does not have any facility to issue AP for an emergency.
    Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
    On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
    No theoretical guesses please.

    Local US Embassy cannot process or give you advance parole.
    ". . . Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment." D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

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  • quizzer
    12-19 02:17 PM
    you mean ex-employee on his current employer's letter head? does it work?

    Yes. It will work.

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  • locomotive36
    07-02 10:02 AM
    Prepaid taxis at the airport is the best. You dont have to haggle over prices, pay tips or commission or no such nonsense. Fixed rate based on distance. Govt prepaid and Fast track are good. Would suggest Fast track.. decent cars with decent prices.

    Fasttrack is even recommended for local travel... reliable call taxi service.

    As for hotels, if you are looking at hotels in and around 5 kms of Chennai Central railway station, you can look at areas of Egmore, Kilpauk and Nugambakkam. Aruna Inn in Nugambakkam is a decent 2-3 star. Try to find hotels in these areas and make a researvation thru or

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  • pappu
    05-31 03:59 PM
    Please do not start new threads on the same topics


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  • enqueued
    12-18 12:53 PM
    amsgc is right on all answers. For #3, you need a copy of I-129 as well

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  • eastindia
    09-09 10:23 AM
    Very good question. Depends on how one defines "Active":D

    Some people can be awake while sleeping and some people can be sleeping while they are awake.

    The question is are you awake or asleep? and what are you doing other than posting on IV for IV? :D


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  • iv_newbie_2007
    06-16 10:06 PM
    >>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.

    ----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.

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  • deecha
    07-16 09:44 PM
    Its a crime to influence someone at position to have access to information systems and distribute the data without written permission from the organization.

    Both the parties can be prosecuted for this for soliciting the information for which you have no authority to receive except following proper protocol

    Well, that's true but I was being facetious. :-) I am an IT manager and I am aware of laws and regulations. My real intent was point #2. Have said that, I must also say that too many laws and excessive bureaucracy is the bane of this society (and other countries too, like India).


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  • knowDOL
    08-28 10:38 AM
    Mention clearly what is indicated in job requirements. If the labor did not allow for BS in any enggg or related engg and just asked for BS in CS your I-140 will be denied for sure. No need to wait for the denial. Why did your attorney filed a labor like that for you knowing you do not have BS in CS.

    My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

    I hold a MS degree in CS and BS degree in Industrial Engg.

    Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

    Has anyone faced similar situation? How can I resolve this issue?
    Please help as I almost spent 4 years in LC backlog queue!!!!!!!!

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  • bestia
    07-16 10:52 PM
    I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.


    He will not lose his job. He will be criminally prosecuted.


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  • poorslumdog
    10-11 08:08 PM
    poorslumdog is tunnel rat

    Dont put words into my mouth. get lost.

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  • GCard_Dream
    11-30 09:39 PM
    Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn�t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it�s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.

    The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.


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  • desi3933
    02-23 03:23 PM
    If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.

    This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.

    Not a legal advice

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  • GCPagla
    02-12 11:00 AM
    My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
    I am working on EAD now, which is valid through 07/06/2012.
    I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".

    Following are the details from my labor:

    Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
    develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.

    From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".

    Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?

    Thanks in advance.


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  • indio0617
    07-20 10:43 AM
    I got a brilliant idea guys, I am sure it is not new but it looks now is the right time to pursue it.
    Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
    Also there is a great injustice to those who had to go through the BEC black hole.
    I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).

    So how to fix all this in a way that it would not affect negatively anybody?
    The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one�s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
    This would PARTIALLY restore justice without punishing anybody.

    USCIS will be happy as it would take off some pressure from their delays.

    Legislators are happy as more people will be able to vote for them.

    Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.

    All those who say in numerous interviews on TV �.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty�� are happy or would have to admit that they are happy to save the face.

    The current losers in immigration process would automatically catch up (almost) with the luckiest ones.

    Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.

    Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.

    Employers are NOT UNHAPPY since the measure does not affect them in any way.

    If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like �� make FBI report namecheck results to the applicants..�.
    Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.


    IV core has thought about this specific proposal before and it is already on our radar. Thanks for suggesting though.

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  • weddell
    09-05 11:49 AM
    Depending on where you were located in the US, it might be a good idea to enter the country coming from a neighboring country (Canada, Mexico) with your green card in hand.
    In any case dont travel with too many luggages ...

    Let us know how it went.

    Good luck !


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  • ita
    01-20 02:09 PM
    Must have been some work. Everything looks (different :) ) very good. Great Job.
    Though I used to like the color combination on the old site very much. Also green dots on the previous background would look standing. Again ,site looks great.

    Thank you.

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  • go_guy123
    05-22 02:37 PM
    Thanks for your Reply.
    My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?

    Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
    You can file the complaint and once they give you ticket to India , you can available that to go to India.

    In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
    working capital to pay you even if the client is not/delaying payment.

    This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.

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  • god_bless_you
    03-15 11:20 AM

    02-26 01:19 PM
    Yes, it is called Consular Processing. You can apply using I140; Only Caveat being, visa number should be available (Priority date should be current) when attending the consular interview and the visa is employment/family based immigrant visa (unofficially green card) - not non-immigrant visas like H1/B1/L1.

    07-20 08:45 PM
    What exactly do you dislike about it?

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