md2003
08-30 01:06 PM
Just show whatever w2's and paystubs you have . Later on if you get another RFE saying that they need 1999 w2's etc.. then you can always tell them you don't have. No need to lie.
As long as your status is good after your recent entry you will be ok. No need to worry about 1999 or 2000 period.
As long as your status is good after your recent entry you will be ok. No need to worry about 1999 or 2000 period.
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pointlesswait
08-01 03:17 PM
just send one thank you card and some flowers..to the senator on behalf of IV!
signed by 20000 forum members....
i dont think calling and thanking him is a good idea!
signed by 20000 forum members....
i dont think calling and thanking him is a good idea!
rajutata
08-25 09:23 AM
You can apply for visitor visa and visit canada. if you PR is approved before you need to go to Canada, You do not need any visa
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arnet
10-29 12:47 PM
the answer is no if principal applicant still maintains H1B and the person in H4 not using EAD to work.
If prinicipal applicant changes uses EAD then the dependent H4 visa is no longer valid.
It is better to carry all the immigration papers while you travel. you might not know when you will need those. I always suggest that any person while travelling or at POE (port of entry) should have original EAD+AP (if they have or atleast receipt notices), H4 documents,etc. eventhough they need it or not (or using it or not). it is better to have.
I heard BUT NOT SURE ABOUT THE FOLLWOING, PLEASE CHECK WITH YOUR IMMIGRATION ATTRONEY, that if principal applicant is in H1B and if H4 person uses EAD for sometime and then went out of US and came back and at POE uses H4 visa stamping to enter US instead of AP then that person will be in H4 visa (it is not cancelled as the principal applicant is still in H1B) and they can convert again to EAD anytime later. Can anyone have any knowledge/experience about this?
If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?
Please help...
If prinicipal applicant changes uses EAD then the dependent H4 visa is no longer valid.
It is better to carry all the immigration papers while you travel. you might not know when you will need those. I always suggest that any person while travelling or at POE (port of entry) should have original EAD+AP (if they have or atleast receipt notices), H4 documents,etc. eventhough they need it or not (or using it or not). it is better to have.
I heard BUT NOT SURE ABOUT THE FOLLWOING, PLEASE CHECK WITH YOUR IMMIGRATION ATTRONEY, that if principal applicant is in H1B and if H4 person uses EAD for sometime and then went out of US and came back and at POE uses H4 visa stamping to enter US instead of AP then that person will be in H4 visa (it is not cancelled as the principal applicant is still in H1B) and they can convert again to EAD anytime later. Can anyone have any knowledge/experience about this?
If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?
Please help...
more...
champu
03-12 10:07 PM
consider infopass
paskal
11-09 01:16 PM
I assume that all information provided will be kept private
all contact info is for internal iv use ONLY!
all contact info is for internal iv use ONLY!
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silibili
05-03 11:20 AM
I and a bunch of friends want to join the state chapter for Alabama, but I could not find the details. I also searched in the State chapter page:
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
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somegchuh
05-24 03:46 PM
There is a lot of discussion in various threads about the new. Essentially the questions boil down to the following. Hopefully some knowledgable people can post here.
1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
2. What happens if you have an 140 pending filed before May 21, 2007?
3. What happens if you have an approved 140 and about to file 485?
4. What happens if you are yet to file 140?
5. With AC 21 gone will you be able to switch jobs using 485 portability?
6. With AC 21 gone will you be able to join new employer based on H1 receipt?
1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
2. What happens if you have an 140 pending filed before May 21, 2007?
3. What happens if you have an approved 140 and about to file 485?
4. What happens if you are yet to file 140?
5. With AC 21 gone will you be able to switch jobs using 485 portability?
6. With AC 21 gone will you be able to join new employer based on H1 receipt?
more...
irrational
04-04 02:34 PM
Our company went with a cheapo attorney.
But, from the lessons I learnt over time, WE have to be monitoring all these even if there is an attorney, since ultimately its our life which will be miserable. :o
But, from the lessons I learnt over time, WE have to be monitoring all these even if there is an attorney, since ultimately its our life which will be miserable. :o
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knowDOL
08-23 09:44 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
more...
deba
06-14 07:52 PM
What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.
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loudoggs
08-27 05:46 PM
Email VFS with your question. Everytime I have emailed them, they have replied back within 24 hrs.
Just curious, why do you want to use the special category? Book your appointment through the normal procedure as there a lot of dates available.
I just booked my dates online some 2-3 weeks back and after filling in all the forms they automatically put a note on the DS156 form that said "Visa Renewal". I already have a H-1 and am going to get my 2nd H-1 stamped.
Hope this helps.
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
Just curious, why do you want to use the special category? Book your appointment through the normal procedure as there a lot of dates available.
I just booked my dates online some 2-3 weeks back and after filling in all the forms they automatically put a note on the DS156 form that said "Visa Renewal". I already have a H-1 and am going to get my 2nd H-1 stamped.
Hope this helps.
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
more...
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mannan74
08-27 06:01 PM
The answer is right there for you
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
So not sure what your question is?
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
So not sure what your question is?
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frostrated
09-03 01:59 PM
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
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keepwalking
05-20 06:52 PM
It's a good idea to have dedicated for this topic (as this is becoming common issue for all who couldn't add their spouses earlier...)
I have started the following thread
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710
Either we can follow the current one or the one I started (link above) or we can start a new thread altogether
I am fine with any of the above.
Hello,
I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.
Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?
Thanks!
I have started the following thread
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710
Either we can follow the current one or the one I started (link above) or we can start a new thread altogether
I am fine with any of the above.
Hello,
I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.
Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?
Thanks!
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Desertfox
10-30 10:04 PM
Lawyer? So, You don't believe what was posted on USIS website?
I find it wise to pay my lawyer to find the correct information for me.... be it from USCIS website or from her professional knowledge base. Believe it or not, I trust a qualified professional more than myself when it comes to a subject outside of my expertise...:D
I find it wise to pay my lawyer to find the correct information for me.... be it from USCIS website or from her professional knowledge base. Believe it or not, I trust a qualified professional more than myself when it comes to a subject outside of my expertise...:D
more...
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black_logs
10-27 11:06 AM
Yes they keep the originals and send it back with your passport, atleast they did in my case. I went to consulate in N. Delhi
My wife went for H4 visa stamping in New Delhi embassy ...
My wife went for H4 visa stamping in New Delhi embassy ...
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matreen
10-13 04:16 PM
My case reached USCIS on July, 12th and still waiting; nothing have been received yet...
I have called my lawyer she is also frustraited and said we have to wait as CIS is making some changes.
I understand it's really frustrating as people started receiving who filed in August....it seems to me CIS is not following proper channel and everything is messed up.
Lets hope for the best....
M
I have called my lawyer she is also frustraited and said we have to wait as CIS is making some changes.
I understand it's really frustrating as people started receiving who filed in August....it seems to me CIS is not following proper channel and everything is messed up.
Lets hope for the best....
M
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arunmohan
07-29 05:39 PM
Did anyone ask about EB3-India backlog?
gsc999
09-18 06:44 PM
I suggest we keep the old name. Lets spend any resources in achieving "core strategic" issues. Per my understanding name change doesn't make that list.
This is a volunteer organization and we should shy away from increasing unnecessary work for the volunteers.
Also, this legal vs illegal issue was a trap devised by the some of the right-wing politicians to divide the immigrants. If we do that we are buying into that. We have gained enough momentum and recognition among the media and politicians by now so that they are now familiar with our vision.
We are looking for friends lets not create unnecessary enemies.
This is a volunteer organization and we should shy away from increasing unnecessary work for the volunteers.
Also, this legal vs illegal issue was a trap devised by the some of the right-wing politicians to divide the immigrants. If we do that we are buying into that. We have gained enough momentum and recognition among the media and politicians by now so that they are now familiar with our vision.
We are looking for friends lets not create unnecessary enemies.
spdy_mn
06-30 05:22 PM
Guys and Gals,
It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......
I'am staying positive..... Want y'all to do it too....
All the best....
Babloo bhai, you are the best. We needed this post. Hang in there guys, god willing everything will turn out to be good.
It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......
I'am staying positive..... Want y'all to do it too....
All the best....
Babloo bhai, you are the best. We needed this post. Hang in there guys, god willing everything will turn out to be good.
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