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immig4me

04-19 01:21 PM

Travel Advisory: Delays Due to Icelandic Volcano Eruption

(04/17/2010) If you or someone you know is stranded in the United States because of the airport closures in Europe due to the Icelandic volcano eruption and is about to exceed their authorized stay as a direct result of these closures, there are two avenues for relief:

If the traveler is at the airport and traveling under the Visa Waiver Program (VWP) and unable to depart timely, as a result of airport closures or flight delays/cancellations, travelers should:

1. Contact the U.S. Customs and Border Protection (CBP) office at the airport or;
2. Contact the U.S. Citizenship and Immigration Services (USCIS) office.

Both agencies have provided staff with guidance on the applicable legal authorities under the VWP in circumstances such as these.

If persons are traveling under a visa, they should contact the nearest USCIS office and follow the instructions at the following link: ( USCIS - Extend My Stay )

While this link recommends initiating the process 45 days in advance, USCIS is providing guidance on how to handle these cases over this weekend.

-- from IV advisor Greg Siskind

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Robert Kumar

02-11 08:12 AM

Hello,

My company is planning to do an EB2 GC for me. My H1B was done with this law firm called Chugh Law Firm which my company hires.
I had no problem in my H1B.
Here in these discussions I see many people asking to go to the best lawyers for greencards etc.
Does anybody know about this law firm, and your experiences please. Do you recommend I can be safe with them.


Thank you,
Bobby

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adibhatla

04-01 06:04 PM

In your denial letter you must have gotten explanation as to why this is a straight denial instead of RFE.

The letter clearly states "Form I-485 states you must submit initial evidence with your application. Initial evidence includes: criminal history, birth certificate, copy of passport, photos, biometrics, police clearances, medical examination, Form G-325A Biographic Information Sheets, Affidavit of Support/Employment Letter, evidence of eligibility and derivative status eligilibity.

In my case the I485 was denied on the grounds of missing G325A biographic information sheets, but in reality I had applied it with the 485 forms.

And as you can see from their explanation there is no way except to raise an MTR before the commissioner.

I strongly suspect that there is no way we can track on the above forms/documentation. The USCIS is playing dirty games of minting money from us. If you see the other forms such as EAD, AP, I485, I140 all have a SRC no. associated to them, these additional documentation can be shredded in their offices and there is not a way to prove our point that we indeed applied them together with the I485.

The only option is to go with the MTR and hope for the best.

By the way my MTR was approved approximately 6 weeks after I applied the MTR but haven't still gotten the approval notice. Waiting on it.

I will you good luck.



Gurus,

my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.

thanks,

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eb3_nepa

03-22 04:41 PM

Maybe we shud send this document to our friends at NumbersUSA (anonymously). That shud shake them up. ;)

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rolrblade

07-20 01:29 PM

My attorney said e-notice is fine and applied.
but in enotice it is written

Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa


I am worried if my packages comes back after aug 17?

read carefully to what Superdude wrote...... your answre is in there.

To file I-485 you need a I-140 RECEIPT NOTICE. You dont need an approved I-140 to file 485. If you attached your I-140 receipt notice then you are fine.

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webm

02-05 10:09 PM

Chandu,

Is there Attorney Prashanthi Reddy's chat session today? No one is online in the Messenger..:confused:

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bkn96

12-02 09:01 PM

very encouraging news.. hope USCIS learned leasson..

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NikNikon

October 23rd, 2005, 09:30 AM

Sounds good to me. QJ?? Anyone else?

Speaking of QJ I haven't seen much activity from her lately, you still out there Queen?

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gc_chahiye

08-03 05:55 PM

With an I-140 approval a strict reading of the law does seem to imply to me also that an extension only if I-485 cannot be filed. However USCIS has been interpreting this to be I-485 cant be approved because of visa numbers. And that makes sense.
So once dates go U (like they have now), or you are no longer current, you can still get 3 year extensions. Thats what has happened to a couple of my friends.

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eager_immi

02-13 02:34 PM

They r a bloodly lazy bunch they sit on ur passport and do nothing. So please take the day off and go collect it. I called them atleast a hundred times and basically our passport was ready and they have not mailed it. so please keep calling endlessly they will pickup at some point but my advice is go and collect it urself.


Hello Friends,

My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.

Thank you,

------------------------
P.S : Yes, I have contributed to IV :)

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qualified_trash

07-07 01:09 PM

Investing in a company -> Yes (shareholder)

Own a company -> No

On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.

No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!

This has been my research on the internet and is not from a legal advisor.

Could you tell me what the difference is between owning a company and being a shareholder? :-))

Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.

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Suva

01-19 10:43 AM

I saw two similar cases in my organization.

One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.

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ind2ia

05-25 01:01 PM

It takes minimum of month and based on load it might take 2 months.

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beautifulMind

10-08 04:43 PM

Came across the same issue and was reffered to a top immigration lawyer who advised as posted by me above

Thanks GCPool. i will probably go with the 485 EAD to be Safe plus logically it makes sense too to sue 485 EAD because once applied for 485 that is your current status...Infact if you contact the school and tell them you are a 485 adjustee they may cancel your EAD OPT

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eb3_nepa

02-12 06:09 PM

I guess most of us dont want to take the pain of "mailing the letters"

How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!

Now hang on a minute there!

There are IV volunteers leading double/triple lives juggling full time jobs, families AND full time IV work and some members have the GALL to say that:

I dont want to take the pain of "mailing the letters"

Anyone giving this excuse has ABSOLUTELY NO RIGHT from this point on to complain. This is as easy as the IV core can make it! Write those letters or SUFFER IN SILENCE

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bsbawa10

09-01 03:58 PM

Congrats to you....I am still waiting.

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vaishnavilakshmi

06-22 06:01 PM

to get AOS approved will take very long time right? depending whether I'll be stuck in FBI name check and the date not retrogress when they process my AOS.

I'm EB3-ROW
PD March 23, 2007

HI,

Iam also sailing in the same boat.i want to change my maiden name to married name now.Just about to file for i-485.My concerns and doubts are :-

- I need to send it by mail to sanfransisco and what if it gets delayed?
-Will name check be done on two names(married and maiden) and endup in delays and pending of my application?
-All my certificates,recent affidavits till now show my maiden name.But i got written in my son(usa born)'s birth certificate with married name as last name and maiden name maiden name itself.So will that create a problem?...

So with the above issues,can anyone suggest me if i can wait till I-485 approves or it doesnot matter if i change it now?If i travel to sanfransisco and visit consulate general in person and apply will they issue the new passport within the same day??

Awaiting for ur golden responses,
vaishu

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thakgaya

03-29 08:30 PM

I also got the same mail and I sent the letter to my company attorney who responded.
Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.

EB3 Priority Date : Oct 2003
EB2 Priority Date: Mar 2006
I485 Filed - July 31,2007
2 EAD's
3 AP's
I 485 Approval Notice email - 26 Mar 2010

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learning01

02-25 05:03 PM

This is the most compelling piece I read about why this country should do more for scientists and engineers who are on temporary work visas. Read it till the end and enjoy.

learning01
From Yale Global Online:

Amid the Bush Administration's efforts to create a guest-worker program for undocumented immigrants, Nobel laureate economist Gary Becker argues that the US must do more to welcome skilled legal immigrants too. The US currently offers only 140,000 green cards each year, preventing many valuable scientists and engineers from gaining permanent residency. Instead, they are made to stay in the US on temporary visas�which discourage them from assimilating into American society, and of which there are not nearly enough. It is far better, argues Becker, to fold the visa program into a much larger green card quota for skilled immigrants. While such a program would force more competition on American scientists and engineers, it would allow the economy as a whole to take advantage of the valuable skills of new workers who would have a lasting stake in America's success. Skilled immigrants will find work elsewhere if we do not let them work here�but they want, first and foremost, to work in the US. Becker argues that the US should let them do so. � YaleGlobal


Give Us Your Skilled Masses

Gary S. Becker
The Wall Street Journal, 1 December 2005



With border security and proposals for a guest-worker program back on the front page, it is vital that the U.S. -- in its effort to cope with undocumented workers -- does not overlook legal immigration. The number of people allowed in is far too small, posing a significant problem for the economy in the years ahead. Only 140,000 green cards are issued annually, with the result that scientists, engineers and other highly skilled workers often must wait years before receiving the ticket allowing them to stay permanently in the U.S.


An alternate route for highly skilled professionals -- especially information technology workers -- has been temporary H-1B visas, good for specific jobs for three years with the possibility of one renewal. But Congress foolishly cut the annual quota of H-1B visas in 2003 from almost 200,000 to well under 100,000. The small quota of 65,000 for the current fiscal year that began on Oct. 1 is already exhausted!


This is mistaken policy. The right approach would be to greatly increase the number of entry permits to highly skilled professionals and eliminate the H-1B program, so that all such visas became permanent. Skilled immigrants such as engineers and scientists are in fields not attracting many Americans, and they work in IT industries, such as computers and biotech, which have become the backbone of the economy. Many of the entrepreneurs and higher-level employees in Silicon Valley were born overseas. These immigrants create jobs and opportunities for native-born Americans of all types and levels of skills.


So it seems like a win-win situation. Permanent rather than temporary admissions of the H-1B type have many advantages. Foreign professionals would make a greater commitment to becoming part of American culture and to eventually becoming citizens, rather than forming separate enclaves in the expectation they are here only temporarily. They would also be more concerned with advancing in the American economy and less likely to abscond with the intellectual property of American companies -- property that could help them advance in their countries of origin.


Basically, I am proposing that H-1B visas be folded into a much larger, employment-based green card program with the emphasis on skilled workers. The annual quota should be multiplied many times beyond present limits, and there should be no upper bound on the numbers from any single country. Such upper bounds place large countries like India and China, with many highly qualified professionals, at a considerable and unfair disadvantage -- at no gain to the U.S.


To be sure, the annual admission of a million or more highly skilled workers such as engineers and scientists would lower the earnings of the American workers they compete against. The opposition from competing American workers is probably the main reason for the sharp restrictions on the number of immigrant workers admitted today. That opposition is understandable, but does not make it good for the country as a whole.


Doesn't the U.S. clearly benefit if, for example, India's government spends a lot on the highly esteemed Indian Institutes of Technology to train scientists and engineers who leave to work in America? It certainly appears that way to the sending countries, many of which protest against this emigration by calling it a "brain drain."


Yet the migration of workers, like free trade in goods, is not a zero sum game, but one that usually benefits the sending and the receiving country. Even if many immigrants do not return home to the nations that trained them, they send back remittances that are often sizeable; and some do return to start businesses.


Experience shows that countries providing a good economic and political environment can attract back many of the skilled men and women who have previously left. Whether they return or not, they gain knowledge about modern technologies that becomes more easily incorporated into the production of their native countries.


Experience also shows that if America does not accept greatly increased numbers of highly skilled professionals, they might go elsewhere: Canada and Australia, to take two examples, are actively recruiting IT professionals.


Since earnings are much higher in the U.S., many skilled immigrants would prefer to come here. But if they cannot, they may compete against us through outsourcing and similar forms of international trade in services. The U.S. would be much better off by having such skilled workers become residents and citizens -- thus contributing to our productivity, culture, tax revenues and education rather than to the productivity and tax revenues of other countries.


I do, however, advocate that we be careful about admitting students and skilled workers from countries that have produced many terrorists, such as Saudi Arabia and Pakistan. My attitude may be dismissed as religious "profiling," but intelligent and fact-based profiling is essential in the war against terror. And terrorists come from a relatively small number of countries and backgrounds, unfortunately mainly of the Islamic faith. But the legitimate concern about admitting terrorists should not be allowed, as it is now doing, to deny or discourage the admission of skilled immigrants who pose little terrorist threat.


Nothing in my discussion should be interpreted as arguing against the admission of unskilled immigrants. Many of these individuals also turn out to be ambitious and hard-working and make fine contributions to American life. But if the number to be admitted is subject to political and other limits, there is a strong case for giving preference to skilled immigrants for the reasons I have indicated.


Other countries, too, should liberalize their policies toward the immigration of skilled workers. I particularly think of Japan and Germany, both countries that have rapidly aging, and soon to be declining, populations that are not sympathetic (especially Japan) to absorbing many immigrants. These are decisions they have to make. But America still has a major advantage in attracting skilled workers, because this is the preferred destination of the vast majority of them. So why not take advantage of their preference to come here, rather than force them to look elsewhere?
URL:
http://yaleglobal.yale.edu/display.article?id=6583

Mr. Becker, the 1992 Nobel laureate in economics, is University Professor of Economics and Sociology at the University of Chicago and the Rose-Marie and Jack R. Anderson Senior Fellow at Stanford's Hoover Institution.



Rights:
Copyright � 2005 Dow Jones & Company, Inc. All Rights Reserved

Related Articles:
America Should Open Its Doors Wide to Foreign Talent
Some Lost Jobs Never Leave Home
Bush's Proposal for Immigration Reform Misses the Point
Workers Falling Behind in Mexico

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satishku_2000

01-18 07:29 PM

I log in every day to see whats happening with my I-140 , Mine filed in september and the processing date moved only 15 days in last month. It took 2.5 years to complete the labor and I think I am struck in I-140 here...

Any one received I-140 approvals recently ? I just want to know what is your receipt date

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pani_6

08-17 04:01 PM

Why not FedEx?

fedex des not deliver to PO boxes

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