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Tuesday, June 28, 2011

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  • wandmaker
    11-16 01:05 AM
    I understand the 180 days rule after filing 485. what if the eb3(140 approved) based 485 has been pending for 180 days, and a newly approved eb2 140 has just been ported to the pending 485.

    Yes, 180 days rules applies to your 485 receipt date on your receipt notice.

    Is there a rule that the 180 days started over again after porting, since it's a new 140, which implys the applicant intends to work for the 140 position for a period of time.

    There is no rule that makes the "180 days" clock to restart.

    What are the risks if the applicant changes the job right after eb2 140 gets approved, and changed the underlining 140 of the pending 485 from eb3 to the newly approved eb2.

    There are no risks as long as your eb2 140 is approved, you have crossed 180 days count. Additionally, AFTER you have received a confirmation from USCIS that your eb3 to eb2 porting is successful and the new approved 140 is the underlying petition to support your 485

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  • panky72
    07-25 11:35 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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  • jilh
    07-29 07:23 PM
    We hired a scientist with O-1 visa two year ago (company provided all the documents). This scientist applied green card (EB-1) last year. This week he recived a letter rejecting his application. The reason is not about his personal qualification but is about the company. Letter says company had no publications although we provided the copies of US patent applications.

    We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?

    This scientist is very important to our company. What shoul we do to let INS reconsider this decision?

    Thanks for your help.

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  • upuaut
    08-29 02:12 AM
    I think that you would need something like 3DSMax for that. It's not something that swift does well. I think if you created each finger joint in the lathe, and then put each together yourself, on the stage, you might be able to do it, but this is not something that swift does well.


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  • godbless
    02-17 12:15 PM
    It won't be through any company. It would be through the school itself. If the school needs a teacher then it can file for his/her h1b.

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  • kgb
    06-02 12:47 AM
    Hi, This is my first time here. I have been hearing a lot about H1-extensions facing challenges. One of my friends, who is a consultant has got his H1-extended only for a the next 6 months. I understood from him that his client manager was called and asked how long his project will last and since the answer was, "6 months as of now, and longer if the market picks up", he was given the extn for 6 months. Another friend of mine who works full-time in a technology company has got his H1 extended for 3 years. My question: Has any of you(if you are a consultant) got your visa extended for 3 years, or do you know of a consultant who has got his visa extended for 3 years in the last few months. I know, that consultants face a lot of scrutiny, but wanted to confirm if for all of them, the extensions are limited.


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  • STAmisha
    08-01 05:15 PM
    can you please let me know when is the USCIS fee increase is scheduled from?

    Also, say for I-485 the fee is 1000, does this fee include for spouse also? Or For spouse, the fee is extra $1000 ie the fee is per applicant or per family

    I have the same question for EAD/travel docs

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  • FredG
    April 10th, 2005, 08:30 AM
    Welcome to Dphoto. English is my native language, and many would say that I don't use it too much either. :D

    I like the shot with the mountains in the background.


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  • gcdreamer05
    08-20 01:14 PM
    Hi All..

    I am on H1 since Oct 07. I haven't left USA so far and so I haven't gone for stamping. However, I heard that I need to go to stamping before completion of 1yr after getting H1. Is this true? and to what cases does this rule apply?

    Please help. I am confused.


    You can stay as long as you have the 797 with you, but if you leave teh country u can come back only with stamping....

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  • martinvisalaw
    07-15 12:36 PM

    Can someone give me a brief idea as to how long it takes for the USCIS to respond to an MTR? I think I read somewhere that they respond within 60 days. Is that accurate? My MTR was filed 2 months back & I have not yet heard back from the USCIS. It was filed at TSC.


    MTRs can take months or years. There is no 60-day processing time. The prior poster's answer of a few years is not unusual.


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  • sunofeast_gc
    01-15 01:49 PM
    Sec. 45. 2 Priority date of applicants.

    "The priority date of an alien who is the beneficiary of a petition approved by the Service to accord status under section 124 of Public Law 101-649 shall be the filing date of the approved petition, as determined by the Immigration and Naturalization Service. The priority date of the spouse or child, accompanying or following to join such an alien shall be the priority date of the alien spouse or parent. "

    As it sound to me It means PD of primary applicant will be the PD of spouse and child.

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  • arnet
    08-22 07:11 PM
    not sure about I-140, i think it should be ok to mention your spouse name but check with your immigration lawyer about this.

    NOTE: as far as i know, if your wife is in H4 visa, you can file her AOS (I-485) as your spouse. But if she is in F1 visa, you CANNOT file her I-485 as your dependent along with your I-485 since she is in F1 student visa. but check with your immigration lawyer about this..

    Disclaimer: I'm not an attroney so Consult an immigration lawyer about your situation.

    I am on H1-B, and about to apply for I140.
    My wife has recently got a F1 visa (and her H4 visa has been left valid).
    I am applying for I140. Is it ok to mention her name on my I140 as my spouse?

    Thanks in advance,



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  • redcard
    09-08 02:22 PM
    :) All I heard was "securing our borders" a couple of hundred times.

    You actually stayed awake to listen /Watch to this!!!!.. hey comeon.. don't let the immigration dream take away your sleep...enjoy while you can..life goes on..

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  • Blog Feeds
    01-20 07:00 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools (http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf) .

    The schools listed have all been certified to participate in the program. The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University. The Department of Homeland Security (DHS) created a web based system called the Student Exchange Visitor System (SEVIS) which maintains information on the foreign students accepted into the program. The SEVIS monitors the students for the duration of their approved stay, as required by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996.

    Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. At the interview, the student must have Form I-20, proof of payment of Form I-901, financial support documentation, and a completed visa application. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

    Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

    If you need assistance or an explanation of the SEVP/SEVIS (http://www.ice.gov/sevis/), please contact our office (http://www.mvplg.com/contact.htm) to schedule a consultation.

    More... (http://www.h1bvisalawyerblog.com/2010/01/updated_list_sevp_approved_sch_1.html)


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  • nousername
    04-02 04:07 PM
    That actually is the right way to do it.. Once your project is done technically your H1 is expired and you need to return to your home country.

    Yes, you can file for a transfer and travel anywhere you want but for reentry you will need the transfer notice or approval notice from the new company, which can be mailed to you. If you already have a visa stamp then just show the new approval (transfer) and they will let you come in.

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  • kirupa
    08-04 11:16 PM
    How are you calculating the border right now? Are you simply taking the size of the image and subtracting a few pixels?


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  • BMS1
    11-01 12:06 PM
    Yes, She can stay legally. There can be some minor complications if she needs travel out of USA after Dec 20 but before extension is granted.

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  • zeorist123
    03-11 02:39 PM
    My am in eb-3 category with a PD jan 2007.
    I applied my i-485 to NSC and it was transferred to NBC in 2009.
    NBC arranged an interview with the local immigration office in April 2009.
    The Immigration Offer issued a welcome notice even though my PD was not current.
    I still have not received the GREEN CARD.
    In March of 2011 I received an email saying that my case has been transferred to TSC "to speed up processing"
    So I dont know if this is a good thing or a bad thing.
    Please respond.

    FYI: I have NOT changed my Job, my employer or my address.

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  • Blog Feeds
    07-30 06:30 PM
    The American Immigration Lawyers Association (AILA) has applauded the brainstorm of ideas in a draft memo from the United States Citizenship and Immigration Services (USCIS). The now-public draft, leaked without the permission of USCIS, examines the legal framework of immigration and explores possible solutions. AILA commends this reflection of the pursuit of the rule of law and the willingness of USCIS leadership to take up this thorough examination.

    "We have in the past seen many attempts to scour the law to find justification for draconian, and ultimately unhelpful, ways to make immigrants' lives miserable," said AILA president David Leopold. "This draft document tries to think through ways to make the legal immigration system work in support of sensible law enforcement. It respects the law and respects the people who must deal with the law. For that, the administration is to be congratulated, even if none of the proposals is ever carried out." He added that many of these proposals should be carried out. Long-needed regulations to help children and crime victims caught in the system should be published. Men and women fighting for America in the U.S. military should have the comfort of knowing that their families are safe from being deported. Immigration policies that encourage investment in America and creation of jobs should be emphasized and expanded. These are but a few of several excellent proposals in this document.

    "We will never effectively address illegal immigration until we develop a legal immigration system that actually works and that offers people a realistic alternative to illegality," added AILA Executive Director Crystal Williams. "Congress has thus far refused to act. Administration officials at least are trying to find ways to help fill this vacuum," Williams stated.

    More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_lawyer_d_1.html)

    11-20 08:41 PM
    Another rule of thumb is that if you do not know whether your date is current or not- then you are probably not current :)

    02-17 01:40 PM
    Thanks. AOS.

    I spoke to a laywer who said "Generally several months. Minimum 2 months".

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