Saturday, June 25, 2011

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  • samcam
    05-19 03:56 PM
    Welcome to our newest member, gmpa

    I think I missed a couple of you..





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  • nixone
    08-21 10:21 PM
    Guys, thank you so much for your replies. Thanks for giving me the ideas on how to address the letter. My parents cannot read/write/speak English (not a single word), so I thought it would be nice for them to have a letter to show at the port of entry. They are traveling with a boy from back home who is a student in a nearby university.

    One more question if you guys do not mind, my parents asked for visa to attend my graduation in Dec 07, but they could not come at that time. There were two reasons, 1. did not find somebody to travel with right away and 2. after a month or so, my grandma got sick and was in hospital for a long time. She passed away a month ago. Do you think my parents will have trouble at the port of entry as they did not come for graduation and coming after so many months? Thanks.





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  • papajon
    06-18 02:20 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion or an appeal, could you please post your feedbacks/experiences?

    also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?





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  • gcformeornot
    08-07 09:15 AM
    on this forum will get answers...



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  • texcan
    10-24 04:30 PM
    yes, really I missed that oppurtunity by 7 days. my only question is
    Can she stay here until I94 expires? or for 180 days?

    Thanks

    talk to a lawyer, or check forums...if you were too close in approval/marriage dates there will be some way to clear this up.
    First try to get her here on H4 and then chase her GC application.
    Afterall, marriage is important





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  • acecupid
    08-13 11:15 AM
    If we want to read sports related news we can go to news sites. People should refrain from creating such threads which are completely unrelated to IV.



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  • arnet
    09-15 06:17 PM
    start your GC process soon. atleast it will take another 5yrs to get it in EB2 category. good luck!!!!!:)





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  • looivy
    10-06 02:07 AM
    Hi IV Team,

    Excellent job building up this team of notable advisors.

    Thanks.



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  • Kramer212
    05-12 10:58 PM
    The Swarm is very cool very organic feeling. I love the delay before you get swarmed





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  • reddog
    04-24 10:36 AM
    A Memorandum of Marriage is different from the Certificate of Marriage.
    A Memorandum of Marriage is required to obtain a Marriage Certificate.

    Here is a sample (Schedule A) of the Memorandum of Marriage.
    You will need to obtain one from your local Marriage Court.
    http://ncw.nic.in/compMarriageBill.pdf

    I would say, the marriage certificate, a notarized copy of the Memorandum of Marriage from India, with some additional proof, like photos, invites', etc should suffice.



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  • GoneSouth
    03-21 10:40 AM
    Hi Nickhil,

    See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.

    You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.

    With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.

    - gs





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  • rr_immaculate
    08-04 11:58 PM
    My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?

    I noticed that the bottom part of the 797 has the same number as my old I-94.

    I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.



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  • gccovet
    06-19 09:42 AM
    Hi everyone:


    I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.

    She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).

    My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)

    Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?

    Cousin went through same situation recently (early 2008). Parents "surrendered" their GC's, to Mumbai consulate general office, and simultaneously applied (same day same time while in the consulate) for Visitor VISA (they were advised about the procedure by Mumbai consulate office via phone, they had called them couple of months before doing this). Visitor VISA was granted without any questions asked.

    My parents are thinking of doing the same very soon.

    GCCovet





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  • vin13
    03-09 01:20 PM
    Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
    Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
    What happens if there is an RFE asking for proof of employment during this period?

    You will have to persue your gas station business parallel to your GC job (or similar job if you are using AC-21 portability).



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  • waitingforgc
    06-06 08:20 AM
    First of all after applying H1 extension you have a 240 day window when you wont be out of status even if your H1 expired ( as long as the extension is applied when the current was Valid). My H expired on Jan 29th and i applied on Jan 9th and the last 5 months i worked as usual without Visa or I-94 ( but in Status) ...

    Don't worry at all - if by chance anyone reaches near 8 month/240 day finish line which is highly unlikely, pump in extra 1000 bucks and upgrade that to a Premium H and you must hear a decision within 15 days....

    There are tons of options - even if Premium doesn't work still there are 2 more options ( of course within legal boundary )...
    Thanks for the answer.





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  • gbof
    10-15 02:01 PM
    Anybody having experienced RFE after rfe.

    I responded to a very simple rfe (asked to provide approval of form I-612) and after that online staus is 'response recd--case being processed ...blah..blah. Should it be a done deal? Pl, share your thoughts



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  • Hey Ram GC
    05-05 04:22 PM
    RD is Jun 1st 07, ND is Jun 7th 07 - TSC





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  • chanduv23
    02-26 02:52 PM
    Hi

    According to my experience it doesnt make a difference whom you contact. I would suggest contact all (both senators of your state and local congressperson). It has no negative bearing on your case. I would also suggest
    that you contact the ombudsman. You never know whats going to click in the end.

    Best

    cinqsit

    Yes, one has to do everything. It helps solve the issue from all directions. It helps educate law makers about issues, also allows Ombudsman's office to understand common issues.

    On another note, if anyone is having issues with their petitions and need help, you can also contact IV, send a message or post it on the forum.

    Post issues on various forums on the internet too helps





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  • andy garcia
    09-08 07:53 PM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.

    If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.





    msgoud
    03-08 12:15 PM
    last year his client was in arizona and this year his clieNt is in NJ
    looks like the client letter got VO confused thinking him working directly rather than his consulting company.because that what the VO was saying to him.





    nashim
    07-28 09:35 AM
    If you don�t want to go out of USA then you can apply for change of status to change from L1b to H1 or you can go out of USA and get H1b stamping done.



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