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Monday, June 27, 2011

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  • sunny1000
    07-08 03:42 PM

    I'm trying to schedule my visa stamping date in aug /sept time frame in India. In delhi consulate when I click on Indian resident I see the available dates but when I click on Indian citizen residing in US, I see no availability. I'm not sure which option should I choose. I'm a student working on OPT in US. My OPT will expire on Aug 4th and so I will come to India. I'm not sure which of the two options I have to choose while scheduling an interview :

    Resident of India/Bhutan
    Indian Citizen residing in United States.

    I would really appreciate any help in this matter.


    You should choose "Indian Citizen residing in United States". Can you please stop creating multiple threads? You have atleast 3 threads open right now for the same question.

    Moderators: please close the other threads with the same question. Thanks.

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  • bskrishna
    12-17 03:51 PM
    The last report was somewhere in September 2007. Good to see that they have cleared July 07 bump in processing the 485s. they have nearly taken 29 months to clear it up.

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  • go_getter007
    12-12 08:15 PM
    Simply going by the voting standpoint, I think between now and 08 elections, politicians will have little incentive do anything about our case (i.e., legal immigration) realistically. I'm not sure whether we represent a % of voter population that's high enough for them to place our case on their priority list. Moreover, giving us GC now will probably benefit them (in terms of votes) at least after 5.5 years once the GC holders are citizens and hence able to vote.

    Just my thought for what its worth.


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  • gc_hanged
    01-05 06:22 AM
    After The Fall: Making Sense Out Of Sensenbrenner by Gary Endelman (http://www.ilw.com/articles/2006,0104-endelman.shtm#bio)

    Now we know how Tom Paine felt at Valley Forge. It has been a cold December for those who think immigration is good for America. On December 16th, the House of Representatives approved the Border Protection, Antiterrorism and Illegal Immigration Control Act of 2005(H.R.4437), perhaps the most draconian bill of recent memory, and, a mere three days later, the House approved an agreement with the Senate on a comprehensive budget reconciliation package stripped bare of any pro-immigration provisions. While there is some satisfaction in the fact that the House did not get the higher L fees that it sought, this is cold comfort. Truth be told, it was a tough week, the worst in a long time, and the shock among pro-immigration circles, both on Capitol Hill and beyond, is palpable.
    Removal of Section 8001 from the Budget Reconciliation Conference Report can be a temporary setback if we play our cards right. Congressman Sensenbrenner has long and loudly proclaimed that he is not against all immigration, just the illegal variety. Fine. Let�s take him at his word. He is, after all, the architect of the new E-3 visa that enables 10,500 Australians to get around the H-1B cap. Congressman Sensenbrenner has his enforcement-only bill now so he should be prepared to support us when we seek to attach Section 8001 to broadly bipartisan legislation in the upcoming session of Congress. If Congressman Sensenbrenner means what he says, and he usually does, this might be a golden opportunity to bring Section 8001 back to life.
    Source: www.ilw.com (http://www.ilw.com)


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  • hopefullegalimmigrant
    05-30 02:51 PM
    Hi everyone

    Can you please help with these questions

    1) My GC was sponsored by company A. 240 days after my 485 was filed [I] moved to company B. Filed AC21 and using EAD. I am travelling on vacation using AP. At POE if I am asked who is sponsoring my GC, would my answer still be company A?/other

    2) Do I need to carry AC21 docs? or will the employment letter from Company B suffice?

    Please advise.


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  • jingi1234
    08-23 05:50 PM
    He/She can join old company as long as H1b from the old company is not revoked. There is no need for any H1b transfer as long as old company's H1b is valid. Just go and join them back if they are willing to take him. Lot of people of H1b do this. Hope this helps.

    This really helps. Thanks


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  • amitkhare77
    11-03 01:21 PM
    It's always good to have the right info on the form. If I remember correctly - you may request to correct the info 48 hours before your scheduled interview at the respective consulate or VFS (please double check).
    I have had issues before with the online form i.e. my full address was not printed out correctly, in another situation I filled the form for my parents and forgot to sign the form (prepared by). There was never an issue. We all got VISA without a question

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  • makemygc
    08-01 12:57 PM
    One of my friend is ready to apply for 485. He is all set.

    The problem is he got recently married and his wife's passport and other details are not yet ready and she is still in India.

    Can he still submit his 485 for his wife?

    Gurus, any help / suggestions is appreciated.

    If you just search on word 'wife' you will get the response from thousands of users who posted it. He cannot file 485 for his wife until she is here.


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  • sunny1000
    02-02 08:15 PM
    My fianc�e lives in Mexico and I live in the United States. We are planning on getting married this summer. As soon as I return, I'm planning on beginning the process so that my future wife could come to the United States to live with me. We plan on getting married in the Catholic Church, but we have doubts if that type of marriage is a valid one for this specific situation. We just don't want a delay in the process simply because it was a religious marriage and we want to be with each other as soon as possible. My question is: Is a religious marriage valid for this situation? Which one would you recommend: Having a civil marriage or a religious marriage in Mexico?

    I don't know about Mexico but, in India, most of the citizens have religious weddings and then, they register that with the Marriage Registrar's office to get a marriage certificate.

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  • jfredr
    07-27 03:15 PM
    if you have more money done it to IV why do u
    want to donate to USCIS


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  • imh1b
    11-23 11:31 AM
    The data is incorrect. There are a lot of applications not accounted for. See Ron's posts whee the lawyer has done analysis and said that.

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  • Mahatma
    07-25 08:36 AM
    Dear friends,

    I received card production e-mail today.

    My PD June 2007, RD Oct 2007. No REFEs. EB1 India.

    Thanks for all the help and good counsel.

    Lesson from this experience: Learn to handle delays. Take things in your stride. Do not make GC as end of your life. We can work anywhere and be happy, though US is a preferred destination.

    In this process, I made so many friends and learned to heed others views and good advice.

    Will continue to work for IV.


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  • RNGC
    01-13 05:39 PM
    I have my H1-stamping and I-94 valid until March 07, My H1 extension was applied during Nov - 06, but not approved yet....In the mean while, can I visit India and return by Feb 07 ? On my return, I will still get my I-94 till March 07, but Once my H1 extension is approved it will have the I-94 attached to it till Mar 08, is this I-94 valid ?

    My employer is saying that, the new I-94 that I got from my H1-extension is not valid and they have to file a new H1 OR I have to convert the H1 extension to Premium and travel with the approved H1 extension ?

    Please advise. Thanks

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  • GC_Applicant
    02-27 12:36 PM
    What a great innovator with loafty goals.

    I saw this guy on CBS 60 minutes and it was truly inspirational. He is not just an "Immigrant of the day" but an great intellect.

    How come only one (OP) in this "Hi-tech-hi-skilled" immigrant community take note of this??

    Have a great day.


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  • regacct
    04-27 03:05 PM
    Kyl Guards McCain’s Right Flank - Roll Call (http://www.rollcall.com/issues/55_122/news/45582-1.html?ET=rollcall:e7374:80088824a:&st=email)

    One politician standing up for another, but no one standing up for us - who really need it!!!!!

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  • vvicky72
    12-10 07:53 PM
    Does anyone know if we need any special visa for working in Canada if you have a US GC?


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  • Blog Feeds
    11-10 03:40 AM
    AILA provided a very important update from the State Department, we wish to share with our readers.

    The Department of State has issued comprehensive new policy guidance on the use of DNA testing in the visa application process. This new guidance is set forth in a new set of extensive Notes to 9 FAM 42.44.

    In this new guidance, the State Department declares DNA technology to be the only acceptable non-documentary method for proving a biological relationship. The preferred specimen collection technique for DNA testing is by buccal (cheek or mouth cavity) swab.

    According to the Department, DNA testing is expensive, complex and time consuming and thus should be recommended only if no other credible proof of the claimed relationship exists. Consular officers should treat DNA testing as a last resort: all other possible methods for confirming the existence of a biological relationship must be exhausted before recommending this course of action. Even then, DNA testing may only be recommended, but never required by the consular officer.

    Consular officers may recommend DNA testing solely to prove a relationship; they may never recommend DNA testing in an attempt to disprove a relationship. Only DNA test results reporting a 99.5 percent or greater degree of certainty as proof of a biological relationship between a parent and child may be accepted in visa cases.

    The Department clarifies that consular officers adjudicating Form I-130 Alien Relative petitions (http://www.h1b.biz/lawyer-attorney-1132137.html)are not authorized to approve the petition if DNA test results are the sole evidence of the claimed biological relationship. Such cases are not "clearly approvable" per the provisions of 9 FAM 42.41 N4.2-3; accordingly, they must be forwarded to USCIS for adjudication. Parenthetically, USCIS is authorized to approve I-130 petitions supported solely on DNA testing.

    More... (http://www.visalawyerblog.com/2009/11/i130_alien_relative_petitions.html)

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  • godblessamerica_2009
    02-04 01:27 PM
    It's not clear what you really mean.

    You say your employer has agreed to file your AOS papers but has not agreed to proceed with the processing. Isn't that one and the same?

    Besides you should ask for exactly what the risk is.

    Maybe hiring your own immigration attorney or a consult is the best to get your facts straight.

    I corrected that. It is the attorney who didn't give a positive sign yet

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  • h1bseeker
    09-28 11:12 AM

    04-14 09:44 AM
    yes, they are right. if you try to file GC now then they will calculate your stay period and ask you to leave the country immediately (they wont even wait for july 2011). I think it makes sense to go out of country asap for one full year, come back with new H1 and then start the GC process. Alternatively if ur spouse is working and is on valid status then convert to H4. you can start ur GC process on H4 too. Once labor is approved activate your H1 and file for 7th-8th year extension.

    im not a lawyer but my experience with immigration gives me the knowledge to suggest you the above. in such critical time its always worth to contact an immigration lawyer and seek advice.

    04-20 08:27 PM
    We have asked for an amendment to allow applicants to file for I 485 even when the dates are not current so that EAD can also be filed (which gives portability).

    Please see the link "Amendments" on home page and look for Sen. Brownback's amendment.

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