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  • wandmaker
    11-04 12:32 PM
    since it is a personal choice, you can go-ahead with paper filing, below are the documents that you need;

    Covering Letter for EAD
    Filled I-765 Form
    Cashier/Personal Check
    Copy of I485 Receipt Notice
    Copy of your Passport
    Copy of your DL
    Copy of your I94 obtained at POE
    Copy of your H1 approval with I-94, if your I94 obtained at POE expired.

    My lawyer applied for EAD along with I485; I recollect, He was mentioning that he kept I140 approval copy.

    But as mentioning is it good to efile or manual filing. as i said this is the case , I have moved after filing 485 my file is at NSC , for CT direct centre is VSC and many ppl have adviced to send file to NSC as my 485 is at NSC. Hence i have decided to file for Manual filing as i am new to Efiling and i dont want it to suggest this to go to VSC which will delay the case ? am i making sense?

    Any list for manual filing ?





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  • ivgclive
    03-11 01:05 PM
    Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)

    her pregnancy is sometime around 6 months now and they will need insurance..

    Thx for your help :)

    Frequently Asked Questions about Portability of Health Coverage and HIPAA (http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html)

    Find out the reason why that "Employment Insurance" rejected the coverage.

    My wife was enrolled into my employment-insurance only at 7th month (2006), she did not have 'pregnancy' coverage in her previous insurance. She was covered fully (from 7th month, I paid for the scanning, blood test etc, which was a total of around $1500 till then) for my second son.

    Other options are expensive, will cost at least 10K-12K if you want to pay out of your pocket.





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  • santb1975
    08-02 03:01 PM
    I can see a Strong and Active Tennessee Chapter getting built over the next one Year. How can I say that...Well, I have been witnessing all the good work you have been doing from when I became a member of IV

    Thanks Santb1975. Sanju, that's a dangerous proposition... I might kiss you back :).

    Mahatma, welcome aboard. First step is joining the Yahoo group. I look forward to working with you and other IV members from Tennessee.

    Disagreements are the essence of Democracy. I don't mind disagreements. My intention is not to setup an organization with autocratic leadership, but a forum open for discussion and new ideas. We do have to respect the bye-laws of the IV organization and maintain forum etiquette. Other than that I have no issues with anyone disagreeing with me or pointing out where I went wrong. I appreciate such constructive criticism which is accompanied by participation.





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  • immi_enthu
    06-11 08:59 AM
    Wht do u mean..partially?

    http://www.immigration-law.com/Canada.html

    06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension

    * AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.



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  • acecupid
    07-23 09:24 AM
    Need some help here answering a question in form I-539 Part 4, Section 3, Item a, b and c as follows:

    Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.

    Are you, or any other person included on the application, an applicant for an immigrant visa?
    Has an immigrant petition ever been filed for you or for any other person included in this application?
    Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?


    I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.



    Here's my status:
    -Working in US since 2004 on a H1B so this is my 7th year extension.
    -This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
    -I-140 was filed in March 2007 and approved in October the same year.
    -I-485 for family and I was filed in July/August wave in 2007.
    -LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?

    I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.

    The questions which you posted at very straight forward. What is your confusion ? Has anyone applied a petition for your family with an immigrant intent ?





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  • Guillo
    03-03 02:15 PM
    My experience with the evaluators was the same. Well, not mine but my wife's. She had to use the people the school told her to.
    If you need to find translators for your documents though, I can help. If you need recommendations just ask!



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  • uslegals
    11-04 11:30 AM
    Hello - I just recd. the TRANSFER NOTICE for me & my wife's 485 case stating that the case has been transferred to USCIS-NBC, PO Box 648005, Lee's Summit, MO 64064. We had filed for AOS in July 2007 and my priority date for is April 2006 (EB-2).

    I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.

    Would appreciate any advice i can get. Thank you!





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  • EndlessWait
    07-05 03:11 PM
    Cmon ever since independece we have never been united on any cause. I see threads from Gandhigiri(sending roses)...TO .. "no work on 13th"petition. But cmon look at the responses, e.g. no working day petions had only 75 votes , of which most are scared to put there employer name info. etc.

    75 here 120 there..do you guys really think with these numbers will make our voices heard .. On the other end lot of people are happy about the revision of the July bulletin and yes that includes the ones stuck in BEC (hypocrisy check! ) and the desi employers who perhaps were fasting/praying or something for this to happen... :-)

    Its a number's game. We will never make our voices heard unless we can join hundred of thousands for a cause. I appreciate what IV has attempted to do, but it's an inherent problem with people like us, every one is out there trying to get ahead of the line. If given the choice most would exploit each other to take advantage. I mentioned "desis" perhaps, the problem we face is quite fitting to people from populous nations. I think we are looking at the problem from a very micro level(green card backlog).. The glut in immigration is nothing new and represents similar issues faced in India or China etc.

    I am sounding completely pessimistic, but its the harsh reality. Perhaps we are not tuned to be united, we've been raised, bred to be just competitive and anything else which is a byproduct of competition.

    just my 2 cents.
    pls before anyone starts shouting at my post. Throw the hypocrisy out of the door and then reply.



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  • roseball
    10-16 04:33 PM
    Hi,

    My friend is in a unique situation and needs help. Please guide him with his queries.

    **************************************************
    I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

    My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

    My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

    We didn't specify about GC labor on H1B/I-94 extension petition.

    My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

    Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
    ************************************************** *********

    Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.





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  • gk_2000
    05-20 05:31 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

    Translation: We are an a$$#ole company that is not interested in retaining their talent. You are better off trying somewhere else and getting your GC, and coming back and joining us, then sc*** us by becoming our boss



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  • vegasbaby
    10-04 12:14 AM
    Would greatly appreciate some advice regarding my fiancee.

    She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.

    We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.

    We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.

    Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.

    I understand the basics of dual intent, and would not want to compromise her ability to enter the country.

    Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?

    Any suggestions or advice would be greatly appreciated. Thank you.




    I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.





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  • krishnam70
    05-05 01:47 PM
    Hi All,
    Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
    1. Can we ourselves respond to the RFE and save the $400.00,
    2. If so, What's the process and what documents that we need to send to prove that we are still married.

    Appreciate all of your help in this regard.

    Thanks

    http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Bonafide_Marriage

    -cheers
    kris



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  • gcformeornot
    10-12 02:25 PM
    you need to get paid all the time. Even during maternity leave. Not getting paid is voilation of status and violation of employer-employee relationship.





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  • kondur_007
    08-21 07:12 PM
    Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

    The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

    The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.


    Working more is not an issue at all as long as you worked for the sponsoring employer and all the income is reported on one W2 form from the same employer for the stated job on LCA.

    On the other hand, I think you have to have "full time job" on H1 unless it is specified as "part time" on LCA specifically. So working less hours may be an issue.

    With regard to your second question: the person at the airport is Customs and Border Patrol Officer (the one who stamps I-94). You can write letter with "Dear Officer" address.

    Good Luck



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  • vrbest
    09-09 10:42 AM
    Looks like you missed to check it before you went thru hospital. It is always advisable to apply Birth Certificate thru Hospital and apply SSN yourself at the SSN office.. This way you will get your SSN within 2 weeks of you applying SSN. Many times hospital staffs explain this unfortunately you did not get this msg.. You can call SSN office and see if you can get SSN over phone.
    Good Luck!
    Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?





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  • dealsnet
    08-19 01:16 PM
    US born citizens cannot deported. But naturalized citizen can be deported, if he obtained immigration (GC) by frudalent means (false documents, sham marriage, by cheating.. etc).

    Citizens of US cannot be deported. That is the LAW... But if that guy had a Green Card or any other visa, then he can be deported...



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  • pmlboy
    05-01 04:57 PM
    Thanks for your reply. I am getting the affidavits from my parents, as well as from blood relatives. However, I have been also asked to provide government document stating why mother's name is absent on birth certificate. I am trying to figure out any government law (currently checking births and deaths act of 1969), which can state that name of head-of-household is sufficient for birth certificates. My birth certificate also mentions the Births and Deaths Rules of 1972 of West Bengal, however, I can't locate an online document. If I have to get a statement from court, does anybody have any idea about what would be the template?

    Thanks.





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  • chanduv23
    08-14 04:06 PM
    with this tension i m jusst going to end up with piles. then paskal will have to look at my piles :(

    Paskal is busy with schizophrenic members and members with obsessive compulsive disorder and with members who see hallucinations of reciept notices :D:D:D

    Those who sign fedex in USCIS never thought their names willbe discussed on the internet





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  • redcard
    08-17 02:36 PM
    Hi Everyone,
    I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
    I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
    The Officer asked me to visit USCIS office to apply for EAD.
    Please help me with this situation..Does a H1 get an EAD and then a SSN?

    Thanks N Regards,
    Sushie

    Sushie

    You can either be on H4 or H1.If you are on H4 you will not get an SSN No. Dependents are not eligible for SSN. You can get a denial letter from SSN office which will help you to get a Drivers License.

    In case you entered the country on h4 and have now changed to H1, you would have received the approval notice with a new I-94 card printed on it at the bottom of the notice. Show that approval notice to SSN office and explain that you have changed your status to H1-B while in US. That should get you an SSN. On the other hand if your approval notice does not have the I-94 printed at the bottom of the notice, that means you have an H1-B approval but need to go out of US to get your H1 visa stamped. Until you do that your status is H4. So please check your approval notice,





    madan
    01-11 01:17 PM
    Can you please help me to get the form .

    Can i complete that and send to USCIS?

    Thank You...





    gc_on_demand
    09-09 11:46 AM
    I would like to hear from people who have actually done this recently. My co. is planning to apply for a Software Developer position in EB2 and was wondering if anyone got it approved this year. My co. was able to do it for a colleague of mine under this title back in 2006 and I understand a lot has changed since then.

    The downsides of this plan are:
    1. Economy is bad
    2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)

    Also, Software Developer does not fall under Job Zone 5 in ONET.

    Any help? Thanks for reading

    What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..