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Correct me if I my understanding is wrong. We legals are not getting any action because law makers want to do a comprehensive reform instead of a piece meal legislations. If the CIR is not a possibility, is there not a good chance to push for reforms for legals on a piece meal basis ? Stuff like visa recapture, removing country cap, filing for 485 when dates are not current and all ?

You can find the answer here:

Right.

But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.

Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.

Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward

There is no limit as to how many companies can apply for your H1 transfer. 2 or 10 is the same.. The idea is to get a reply ASAP. I would suggest to apply under premium process

To best of my knowledge you are out-of-status but wait.. Don't worry. I personally have been out-of-status like this three (3) times, so it is not that bad. At one time it took me almost 4 months to look for another job and I still got portability (i.e. H1 transfer with new I-94). Other time I got a job in 2 months and still had to take a trip back home for new stamp.

I know it is easier said then done but trust me, take it easy on your self as this will help your family also. You have already applied for a transfer, just switch to premium process and you should be ok.. What USCIS cares about is recent paystub, which can be 1 month or two old..

God bless..

As such there is no fix rule on who should get the visa and who shouldn't! It all depends on the Consular officer's Judjement of the case.

Can you list the documents that you sent and reason why the visa was denied?



Recently I sponsored my sister and her family to visit us in Summer of 2006. I had sent all the papers as required for applying for visitors visa. But the application was denied as consular was not satisfied.

Please suggest any ideas that could have helped in getting the visa. Since I was sponsoring her and taking full charge of her stay related expenses then why was it denied? What else is needed?

Thanks

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I have an old canon 52mm manual focus lens that is in great shape.

Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :

a) Timesheet signed.
b) benefits confirmation ,
c) email correspondence to indirectly prove that you were working in H1 status and getting paid

Hope this helps


Is paystub needed When a person is on H1B and is out of project when AOS on 485.

.....is marriage. If one is planning to get married soon, it is better to get married and jointly file for spouse after he/she is here.

This is not correct, you only have to worry about spouse at I-485 stage.

My wife's on EAP (OPT), which is valid till next year and will be going to texas DMV tomorrow.

any exp with texas DMV about giving DL to EAD OPT holders?

With a EB3 PD of July 2002 from IN what can i expect after this May 1st hurdle being crossed.

Any insight would be appreciated.
Clueless i guess.

I got my approval notice today, and as expected, it is approved as consular process with the Chennai consulate as the class consulate.

I hope I won't have any problems using EAD. Taking the dive now.

pal :)

Hello Attorney,
.......
.......
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

If incorrectly classified? Is there any legal option this mis-classification be corrected?

Thanks a lot in advance for your time.


It is 30 days since the posting of this question, and not a single reply from any attorney.

Let me repeat my understanding on this question -

----------------------------------------------------------------------
INA 203(d) Treatment of family members

A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
--------------------------------------------------------------

Have a good day!


______________________
Not a legal advice
US citizen of Indian origin

Well, i feel its more of a Policy decision.If they really want to do something fast they will do it anyhow.The best example is how this woman from canada i guess,who got US citizenship in 2 days,yes its right '2 days' so she can represent US in the ongoing Winter Olympics at Turin.

Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??

This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....


Dear Sir/Madam,



This is to inform you that the administrative process for your US non-immigrant visa application has been completed.



You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.


Please carry a copy of this email for ready reference.

Thank you
Regards
Mumbai NIV / AO

Thanks for sharing the information. Did they disclose what the admin processing was for?

Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates

I think the problem is with the Letter provided by the colleague. USCIS might be looking for a letter from Company B on the lines of that from A.

Just Resending the letters as-is might not work- my 2paise.

I did some mistakes when I went for Visa intervew in March 2007, I have done a new form on line and printed again.If they have not changed the usage of online DS-156 you could do the same thing.

Guys

I entered Passport Issuing city as Bangalore instead of Washington DC in DS-156 form, I am not able to update these fields as they are locked. I cant cancel this appointment as I have already done once before and if I cancel again I wont be able to book for another 3 months. What do I do? Please respond if you have any answers. Will calling the New Delhi customer support line help?

Thanks

.... How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications). ...


Read section 203(d) of INA or ask an immigration expert to explain it you. You will get your answer.


Take an example:
H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1.


Laws are different for H1/L1 and adjustment to permanent resident status (aka I-485 approval). Do not confuse non-immigrant visa with immigrant visa. They are not same.

______________________
Not a legal advice
US citizen of Indian origin

.

EB2 or EB3?

Lets forget about Company B.I understand his question is whether he could join company A.

ok to answer your question

I would recommend you to goto www.allexperts.com.
Click "News/Issues"
under Government click "immigration issues"
In the window click immigration issues.

I would recommend Ajay Arora or Ramasamy.If they are online when you access post this question there.U will get a reply within 3 days.A clear solution.....

In my opinion I think you are okay to join company A subject to the following

1.Since when you left University.
2.Did u have an I94 attached with your company A approval notice?

Hope this helps.

Unless there was clear USCIS error, No refunds. Details below.

DHS | USCIS Refunds: How is the Process Working for You?: Questions from CIS Ombudsman's Teleconference on January 31, 2008 (http://www.dhs.gov/xabout/structure/gc_1226610826777.shtm)

6. EAD Application, Green Card – A caller filed for a replacement work authorization card. The next month the caller received a green card approval letter. The work authorization application was never adjudicated, but USCIS did not return the fee. How can this applicant get a refund?

•USCIS Response on April 30, 2008: The applicant will not be entitled to a refund. When an applicant or petitioner pays a filing fee on an application, he or she is seeking a decision from USCIS regarding the applicant or beneficiary's eligibility for the benefit(s) being sought. In general, USCIS does not refund a fee or application regardless of the decision on the application.

The implementation of the new fee schedule, effective July 30, 2007, prevents situations like this from happening. If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, then no fee is required to file a request for employment authorization on Form I-765.

Please add "Click to place the black hole." to mine.

in my case, the local municipal corp in india denied providing non-avaibility certificate. Because my birth is registered and I do have birth cerficate, but instead of wrong date as in your case, in my case the first name is wrong. I had my birth-name on the birth certificate which is not un-common in india. Before I started pre-school, all my cerficates from that point onwards have my current legal name.

I did not specified YES in the column where it asks if you were known by anyother name in 485.

The only glitch is a first-name in birth cert is diff. from my current legal name. the name of parents, date, timing, family name, birth place and everything else is true and correctly mentioned.

how much chances do you see for me to get an RFE on this?

My lawyer told me to submit Affdevits from my parents which I did, along with original birth certificate with wrong first name. My parents also mentioned that I was given a pet-name at the time of birth, and then decided for my current legal name. I know this is complicated...

I found 'usa consulate' in UK website talking about such case. It suggests to have affidevits, and EARLY school records, affidevit from priests etc. who performed any religious naming ceremonies etc as the acceptable documents.

I am keeping my fingers crossed.

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