dilbert_cal
05-19 01:09 AM
Laurie A. Bonilla
Address: Suite 180
800 El Camino Real West
Mountain View, CA 94040-2567
Phone: (650)903-2232
Fax: (650)903-2239
She is a great lawyer.
Address: Suite 180
800 El Camino Real West
Mountain View, CA 94040-2567
Phone: (650)903-2232
Fax: (650)903-2239
She is a great lawyer.
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snathan
03-02 02:23 PM
I recently got my EB1 I-140 approved. Now my lawyer wants to apply for the I-485 but I am unemployed currently. What are my options in this case? Do I show I am self-employed and apply the I-485 or wait till I get a job.
Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.
Urgent help will be greatly appreciated.
Would you mind to tell the basis for EB1...?
Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.
Urgent help will be greatly appreciated.
Would you mind to tell the basis for EB1...?
MYGC2008
03-04 01:46 PM
I recently applied for I-131 at TSC and got the receipts.
I wanted to check the online status but it is not showing.
I wanted to check the online status but it is not showing.
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validIV
03-26 05:21 PM
It wont hurt you to have both. Whichever gets approved faster only benefits you. I have an I-130 filed for me in 2001, F2B, as well as an EB3 based with a PD of May 07
more...
HTI
08-29 11:12 AM
thank you all...that help a lot...!!!!:)
sam_hoosier
12-13 12:57 PM
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
Yes, they would record your call but I dont see it creating any problems in the future as long as you satisfy the AC21 conditions if/when you change jobs.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
Yes, they would record your call but I dont see it creating any problems in the future as long as you satisfy the AC21 conditions if/when you change jobs.
more...
okuzmin
06-04 08:16 PM
I had a similar situation, and I had to change the employer and start all over again. However, your situation looks much better than mine. I was trying to find a lender to vouch for my employer, but that didn't happen. Your employer, on the other hand, has the lender. I believe you should be fine. The only area I'm not sure about is the period of time you didn't work for the health reason. This one I would consult about with a lawyer, since you are supposed to be employed while on H1b, or else you're out of status. There may be certain exceptions (like health-related issues) in the law.
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mhkumar
07-14 03:58 PM
It used to be required only for Mumbai Consulate. But I think Hyderabad has also started. Please check
I think it is only for Mumbai Consulate(as mentioned in VFS (http://www.vfs-usa.co.in)).
"For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."
No where it is mentioned that HYD consulate has started. Where did you find it?
I think it is only for Mumbai Consulate(as mentioned in VFS (http://www.vfs-usa.co.in)).
"For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."
No where it is mentioned that HYD consulate has started. Where did you find it?
more...
Blog Feeds
03-04 08:10 AM
And now for some good news.....The New York Times and the St. Petersburg Times reported two separate indidents of penalties and [prison sentences imposed on people who provided fraudulent immigration services to foreign nationals.
The NYT article (http://cityroom.blogs.nytimes.com/2010/03/01/3-million-judgment-in-immigration-fraud-case/?scp=2&sq=immigration&st=cse) describes how Miriam Mercedes Hernandez was ordered to pay $3 million in fines and restitution to her victims. Ms. Hernandez charged her victim up to $15,000 per person to help them get permanent residence or citizenship within eight month but never performed the services she claimed.
As the article states
Immigration fraud, often orchestrated by immigrants, has proliferated across the country, victimizing people desperate to gain legal residency or citizenship. Law enforcement officials say such schemes are particularly difficult to uncover and prosecute because many victims are in the country illegally and are hesitant to seek help from the authorities for fear of deportation.
Under state and federal law, only lawyers or representatives accredited by the Justice Department can represent people before the immigration authorities. Anyone providing immigration services must also comply with strict rules governing contracts and advertising.
The St. Petersburg Times article (http://www.tampabay.com/news/courts/owner-of-clearwater-immigration-services-firm-gets-prison-for-false-asylum/1077161)describes a Clearwater woman who was ordered to 5 years in prison for filing false asylum claims. She was also ordered to forfeit $800,000 in profits. The defendant filed 274 asylum applications with false allegations of persecution.
See this prior blog posting (http://martinvisalaw.blogspot.com/2009/01/beware-of-fake-immigration-lawyers.html) about "fake "immigration lawyers."
https://blogger.googleusercontent.com/tracker/2893395975825897727-2537361271403623158?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/two-recent-successful-cases-against.html)
The NYT article (http://cityroom.blogs.nytimes.com/2010/03/01/3-million-judgment-in-immigration-fraud-case/?scp=2&sq=immigration&st=cse) describes how Miriam Mercedes Hernandez was ordered to pay $3 million in fines and restitution to her victims. Ms. Hernandez charged her victim up to $15,000 per person to help them get permanent residence or citizenship within eight month but never performed the services she claimed.
As the article states
Immigration fraud, often orchestrated by immigrants, has proliferated across the country, victimizing people desperate to gain legal residency or citizenship. Law enforcement officials say such schemes are particularly difficult to uncover and prosecute because many victims are in the country illegally and are hesitant to seek help from the authorities for fear of deportation.
Under state and federal law, only lawyers or representatives accredited by the Justice Department can represent people before the immigration authorities. Anyone providing immigration services must also comply with strict rules governing contracts and advertising.
The St. Petersburg Times article (http://www.tampabay.com/news/courts/owner-of-clearwater-immigration-services-firm-gets-prison-for-false-asylum/1077161)describes a Clearwater woman who was ordered to 5 years in prison for filing false asylum claims. She was also ordered to forfeit $800,000 in profits. The defendant filed 274 asylum applications with false allegations of persecution.
See this prior blog posting (http://martinvisalaw.blogspot.com/2009/01/beware-of-fake-immigration-lawyers.html) about "fake "immigration lawyers."
https://blogger.googleusercontent.com/tracker/2893395975825897727-2537361271403623158?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/two-recent-successful-cases-against.html)
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fcres
06-29 04:00 PM
I had EAD from Aug 2007 to July 2008 which i never used. Now i would like to get EAD again. Should i file it as renewal or applying for a new one? TIA
more...
gc_on_demand
03-10 03:29 PM
Hello Every one
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
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prk_stl
06-30 04:28 PM
Thanks. I am guessing the same.. but for my friend, his lawyer entered the Card valid start and end dates on the EAD card for this date field...
that is why I am looking for a confirmation.
that is why I am looking for a confirmation.
more...
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munnu77
06-09 04:41 PM
good luck!!
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Blog Feeds
12-14 11:30 PM
Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
more...
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pbuckeye
01-27 03:50 PM
Immigration & Winning the Future | The White House (http://www.whitehouse.gov/blog/2011/01/27/immigration-winning-future)
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
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mss007
02-24 06:59 PM
No need I-485 receipt.. I came on AP they didn't asked the receipts of I-485
even if they ask the copies are enough.
No need to worry if she has original AP.
even if they ask the copies are enough.
No need to worry if she has original AP.
more...
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seanl
08-07 03:22 PM
I received an RFE that put my I-485 on hold,
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
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MaWizard
09-13 11:14 AM
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3rd 01MAY02 22APR01 01MAY01 01MAY02
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sathishav
03-06 06:26 PM
Yes, as long is there is a 140 or 485 pending some where some place or a Labor pending for more than a year, you are eligible for h1 extension beyond 6 years.
My first 2 extensions after 6 years were based on a labor from previous company.
My first 2 extensions after 6 years were based on a labor from previous company.
http404
07-17 10:32 PM
I got myself in somewhat of a mess here and wondering if there is any solution?
I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.
She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.
Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?
Thanks.
I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.
She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.
Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?
Thanks.
ssdtm
12-12 08:43 PM
Did you ever used EAD? Just getting an EAD does not mean you were on EAD.
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.