kdiershaw
02-22 11:19 AM
My fiance came to the US from Mexico on a short term Visitors Visa more than 14 years ago and did not return to Mexico when it expired. No extensions were ever applied for. She has been working and paying taxes since shortly after coming to the US. I am a US born citizen, and have an income capable of sponsering her. Her own employment record is quite good as well. I understand that there would likely be an interview process which we should easily pass since we have had a lengthy multi-year relationship.
1) What are the steps for legalizing her status after we are married?
2) Will she be required to stop working while her application is considered?
3) Would she be required to leave the country during processing?
3) What is the average time required to go through the process?
4) What are the restrictions on her traveling outside the US during/after the process of legalizing her status?
I will be seekign an immigration lawyer to nail this down and start the process, but need a framework of the process and considerations, so we can get through this as easily as possible.
Thanks in advance for your help
1) What are the steps for legalizing her status after we are married?
2) Will she be required to stop working while her application is considered?
3) Would she be required to leave the country during processing?
3) What is the average time required to go through the process?
4) What are the restrictions on her traveling outside the US during/after the process of legalizing her status?
I will be seekign an immigration lawyer to nail this down and start the process, but need a framework of the process and considerations, so we can get through this as easily as possible.
Thanks in advance for your help
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krish2005
05-14 06:19 PM
Lets not generalize it. Everyone is different.
Agreed that everyone is different. I was just sharing my view. :)
Agreed that everyone is different. I was just sharing my view. :)
BEC_fog
12-11 09:31 AM
http://immigrationvoice.org/forum/showthread.php?t=16031
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sammyb
12-10 03:32 PM
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
more...
andy garcia
02-20 08:02 AM
Can we send the application early, like one week in advance ?
Taken from I-129 Instructions, page 13:
When to File.
Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.
Taken from I-129 Instructions, page 13:
When to File.
Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.
jkays94
06-21 06:46 PM
Thanks for reply
How can I find was it for misdemeanor or battery or felony?
I-485 part III would require you to answer 'yes' to the following question:
Have you ever, in or outside the United States:
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?
Your best bet would be to conduct a background check in your state to see if it shows up on your record. You might want to consult a lawyer to see if this shows up in police or other records as well. Ironically I recently heard of a lawyer who recently advised someone to answer no to the question for a DWI since it was a 'traffic violation'. Note that if you answer yes you have the opportunity to explain on a separate piece of paper.
How can I find was it for misdemeanor or battery or felony?
I-485 part III would require you to answer 'yes' to the following question:
Have you ever, in or outside the United States:
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?
Your best bet would be to conduct a background check in your state to see if it shows up on your record. You might want to consult a lawyer to see if this shows up in police or other records as well. Ironically I recently heard of a lawyer who recently advised someone to answer no to the question for a DWI since it was a 'traffic violation'. Note that if you answer yes you have the opportunity to explain on a separate piece of paper.
more...
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punjabi
06-25 03:05 PM
Hi,
Can you please mention the source also (example, the website) from where you copied this content?
Thanks.
For members doing the Calculations..............
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2
...
...
...again go unused in FY 2010.
Can you please mention the source also (example, the website) from where you copied this content?
Thanks.
For members doing the Calculations..............
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2
...
...
...again go unused in FY 2010.
more...
viveksri
06-19 11:59 AM
Finally USCIS has corrected the processing date typo. The dates are not back to original track.
I guess its good news from the EAD point of view.
VS
I guess its good news from the EAD point of view.
VS
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gconmymind
09-19 12:25 PM
Anytime your place of work changes on H1, your company should file an amendment to the H1B labor certification stating your new place of work.
Hopefully, the officer at the consulate wont ask and you wont have a problem.
Personally, I have my client's location as well as my company's location on my H1 LCA.
Hopefully, the officer at the consulate wont ask and you wont have a problem.
Personally, I have my client's location as well as my company's location on my H1 LCA.
more...
snathan
02-23 06:59 PM
I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.
Please advice if I should refile with education evaluation from anothe agency.
Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.
They are not disputing your B.E but your PGDM...
Please advice if I should refile with education evaluation from anothe agency.
Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.
They are not disputing your B.E but your PGDM...
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cam23
06-24 08:44 PM
Hi All
I worked for a company A till July 2006. Company A had applied for my Green Card using RIR process. I got my Labor certification approved and company A applied for I-140.
In August 2006 company B acquired company A. Company B moved me to a different physical location and different state.
Company B amended my I-140 application filed by Company A to preserve the priority date. Now company B is planning to file I-485 for this ongoing I-140 application.
My Questions:
Is there any risk for I-140 application since company B amended I-140 application filed by Company A?
I am asking so as company B moved me to a different state and labor used to file amended I-140 was based on company A and its location.
I worked for a company A till July 2006. Company A had applied for my Green Card using RIR process. I got my Labor certification approved and company A applied for I-140.
In August 2006 company B acquired company A. Company B moved me to a different physical location and different state.
Company B amended my I-140 application filed by Company A to preserve the priority date. Now company B is planning to file I-485 for this ongoing I-140 application.
My Questions:
Is there any risk for I-140 application since company B amended I-140 application filed by Company A?
I am asking so as company B moved me to a different state and labor used to file amended I-140 was based on company A and its location.
more...
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Jerrome
02-03 03:53 PM
Visa usage Statistics
Report of the Visa Office 2009 Table of Contents (http://www.travel.state.gov/visa/frvi/statistics/statistics_4594.html)
Visa bulletin and their number control operational manual
Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)
DHS year book
DHS | Yearbook of Immigration Statistics (http://www.dhs.gov/files/statistics/publications/yearbook.shtm)
485 pending number
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/i-485-pending-inventory.pdf
NVC demand
http://www.travel.state.gov/pdf/WaitingListItem.pdf
Precessing volume and trend
USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)
Monthly cutoff memo
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
I am missing a 2009 EB number used by country, I saw it some where but couldn't find it
Report of the Visa Office 2009 Table of Contents (http://www.travel.state.gov/visa/frvi/statistics/statistics_4594.html)
Visa bulletin and their number control operational manual
Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)
DHS year book
DHS | Yearbook of Immigration Statistics (http://www.dhs.gov/files/statistics/publications/yearbook.shtm)
485 pending number
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/i-485-pending-inventory.pdf
NVC demand
http://www.travel.state.gov/pdf/WaitingListItem.pdf
Precessing volume and trend
USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)
Monthly cutoff memo
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
I am missing a 2009 EB number used by country, I saw it some where but couldn't find it
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sanju
04-19 10:33 AM
Try Microsoft, oracle, Cisco, Sun,Intel,Hp
You will get shocked by seeing how many H1 s they filed all these years. They are more than h1s filed by WIPRO, TCS,INFOSYS etc.,
Shhhhhhh..... Please don't tell this to Ron Hira and IEEE. They may not like you saying this. Ron Hira et al, wants to preach that all H1s are being taken by "Indian Companies", whatever that means.....
You will get shocked by seeing how many H1 s they filed all these years. They are more than h1s filed by WIPRO, TCS,INFOSYS etc.,
Shhhhhhh..... Please don't tell this to Ron Hira and IEEE. They may not like you saying this. Ron Hira et al, wants to preach that all H1s are being taken by "Indian Companies", whatever that means.....
more...
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guyfromsg
09-08 12:17 AM
We just got the FP notice and need to get it done in a city more 100 miles away. Will most of the FP office open on Saturday?
Thanks a lot!
One in Atlanta is open on Saturday..
Thanks a lot!
One in Atlanta is open on Saturday..
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KLKJ
06-16 06:26 PM
I' am new here and find it hard to find my way through the "post all you want wherever you want":) feel that this forum gives me.
Anyways, is there anyone out there waiting on an EAD from VSC? I hoped to see an EAD section or service center section on the forum but...
I e-filed since November 3rd 2009 for EAD and did submit absolutely all required info, did biometrics in Feb.2010 not without having to inquire couple of times about the progress of my case. To this day I have received nothing that makes sense. It is an initial card.
Yes, I have done plenty of SRE, calls, mails with return receipt until I saw a movement on my case status. My card was mailed on May 26 2010. To my surprise, after 7 painful months of wait for a card that should take around 3 months; the card for some reasons (that the post office refuse to accept as being accurate) was being returned as undeliverable on the 1st of June and again the 8th of June:confused::confused::confused::confused:: (I did call USCIS between that time time period to provide the address they already had!!!).
I have not moved at all lately. The last change of address that I did was done by mail with return receipt, online, over the phone and I did receive a mail back at my new address stating that I did update my info. It was done in Novedmber 2009!!!!
Out of the blue, the address at which I received my biometrics appointment and all other documents following the many calls and inquiries was not right when it came to mail my card....:D
The post office that I did contact told me they had no reason to not deliver that particular mail since, yes my full name is displayed on the mail box, and yes it is a house not an apartment so less mismatches an all my other mails were dlivered... I have of course updated the address that they already have couple of times already but all I can do is wait ... Oh and I did the infopass as well, they could only type a note and give me a number linked to the inquiry like I get all the time. My DL expires tomorrow and the DMV won't renew without EAD or GC ...new policy at DMV!(my I485 is pending on I360 approved)
That's where my actual burden is because I have to drive myself to school and not being able to do so is just a living nightmare for me.
Now that you get the picture, I wonder if anyone who filed for an EAD at VSC since last year is still waiting? Is there any special backlog at VSC for EAD's that could help me start to understand what is going on here?
Anyways, is there anyone out there waiting on an EAD from VSC? I hoped to see an EAD section or service center section on the forum but...
I e-filed since November 3rd 2009 for EAD and did submit absolutely all required info, did biometrics in Feb.2010 not without having to inquire couple of times about the progress of my case. To this day I have received nothing that makes sense. It is an initial card.
Yes, I have done plenty of SRE, calls, mails with return receipt until I saw a movement on my case status. My card was mailed on May 26 2010. To my surprise, after 7 painful months of wait for a card that should take around 3 months; the card for some reasons (that the post office refuse to accept as being accurate) was being returned as undeliverable on the 1st of June and again the 8th of June:confused::confused::confused::confused:: (I did call USCIS between that time time period to provide the address they already had!!!).
I have not moved at all lately. The last change of address that I did was done by mail with return receipt, online, over the phone and I did receive a mail back at my new address stating that I did update my info. It was done in Novedmber 2009!!!!
Out of the blue, the address at which I received my biometrics appointment and all other documents following the many calls and inquiries was not right when it came to mail my card....:D
The post office that I did contact told me they had no reason to not deliver that particular mail since, yes my full name is displayed on the mail box, and yes it is a house not an apartment so less mismatches an all my other mails were dlivered... I have of course updated the address that they already have couple of times already but all I can do is wait ... Oh and I did the infopass as well, they could only type a note and give me a number linked to the inquiry like I get all the time. My DL expires tomorrow and the DMV won't renew without EAD or GC ...new policy at DMV!(my I485 is pending on I360 approved)
That's where my actual burden is because I have to drive myself to school and not being able to do so is just a living nightmare for me.
Now that you get the picture, I wonder if anyone who filed for an EAD at VSC since last year is still waiting? Is there any special backlog at VSC for EAD's that could help me start to understand what is going on here?
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10-04 12:55 PM
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rameshraju11
06-08 11:00 AM
Yes , we received an RFE letter seems after RFE expiration date. but USCIS online case status still shows case was received and pending. it did not talk about RFE letter was sent
sri1234
05-15 05:18 PM
Hi Sri,
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Thanks a bunch Ann. I really appreciate your help.
Thank you IV.
You made my friday.
Thanks,
Sri
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Thanks a bunch Ann. I really appreciate your help.
Thank you IV.
You made my friday.
Thanks,
Sri
ksam75
07-20 12:47 AM
I'm also in the same situation. My attorney says wait till USCIS figures out that there are duplicates and sends a notice to withdraw one of the petitions. Of course, the checks would be en-cashed for both the petitions.
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