четверг, 16 июня 2011 г.

will smith and family 2010

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  • karthkc
    07-31 05:34 PM
    Hey thx a lot guys for all your help....
    To (M306M),
    The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
    Hope this helps....

    Family Based (FB) quota works differently from Employment-based (EB) for green cards. This forum is geared towards EB so you may not get a lot of help here...

    As far as extending her H1B goes, if there have been no other Employment-Based GC applications filed on her behalf, I dont think of any way that will allow you to extend her H1B short of time outside the country recapture (as suggested above)

    Look at all the days she has been out of the US in the last 6 years and that might give you enough time to come up with options and file an extension ASAP.

    Also, if willing to take a chance, she can use the 180 day rule to stay out of status, however I would strongly recommend against that since the consequences might affect any current or future GC petition..




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  • GKBest
    08-23 11:23 AM
    This has been bugging me for a while now. I applied for I-485 in July 2007.

    I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.

    Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.


    I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.

    Any thoughts.

    Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.

    I want to be proactive and get other documents ready if that is what it'll take.


    USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.




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  • simple1
    05-11 01:49 PM
    Hello Attorney,

    About Myself:
    =============
    Myself EB2 Mar-06 now in I485.
    deeply concerned about the current retrogression of eb2 priority date to 2000.

    Background:
    ===========
    Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)

    However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
    Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.

    The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
    seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
    and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

    Question:
    =========
    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.




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  • Dipika
    12-23 12:18 PM
    Thanks looivy for the details of your exp.
    We would like to know when did you go to Nogales for H1 stamping?

    My Husband had H1B visa stamped from India in 2002 . Then we changed to H4 in 2003, then changed to H1 in 2004 and again changed to H4 in 2005. since then he is on H4 staus.

    i have H1B visa, but my husband doesn't have H4 visa stamp in passport. (He had only H1B visa - expired in passport, when first time came from INDIA). He has H4 approval. He used AP in 2007 to visit india.

    IS my husband eligible to go to Nogales for H4 stamping?

    I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.

    At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.

    1. Passports (old and new)
    2. The original Notice of Action (Form I-797).
    3. Employment Contract
    4. Labor certification (LCA)
    5. The entire approved petition (I-129)
    6. Original letters verifying your employment history and specific work skills.
    7. Original degree certificates along with mark sheets.
    8. Relevant diplomas or certificates, e.g. computer certification.
    9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
    10. Employment letter from current employer
    11. DS-160
    12. DS-160 confirmation letter with barcode
    13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
    15. Payslips
    16. All previous I-797s
    17. Original AP (For your own backup if applicable)
    18. Original EAD (For your own backup if applicable)
    19. I-485 Notice of action
    20. Appointment confirmation printout
    21. Company annual report (if any)
    22. Company's tax returns (if applicable)
    23. Your personal tax returns for last 5 years. He asked for last three years.
    24. Marriage certificate (if applicable)
    25. Take your business card, if you have one
    26. Driver license
    It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.

    The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.

    Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.

    Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.

    Hope this was helpful.

    Good luck!



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  • Phaedra
    05-30 06:45 PM
    Thanks a lot for the information.
    I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
    Thanks!




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  • I just love both Jada and Will


  • logiclife
    08-02 02:20 PM
    1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
    visa for company B), with proper H1B documents valid till 2009 from company
    C?

    No Safe as he will be questioned at port of entry

    2)Will there be questions at the port of entry ?

    A Lot
    3)Will there be any issues because of the 221(g)
    stamping in the passport (company B visa)?
    Yes.
    4)Any chance he wont be let inside U.S ?
    90%
    5)Can he show them the h1b approvals for company C ?
    No..as it will confusing for immigration officer with so many 797 forms.
    6)Any tips to handle the officer at POE?
    Can try with chinese or african-american.Little liberal
    7)If every thing goes smooth, will his new I-94 be
    valid till june 2009 (date on his company C petition)
    or just another 4 weeks (company A petition)?
    Just 4 weeks
    8)If by any chance if he is deported, will it affect
    his future prospects in the U.S?

    Yes.. He may not not reenter US for next 10 Yrs.

    I am Immigration Lawyer.Better Talk to the Attorney.

    You probably meant to say that you are NOT an immigration lawyer. Correct?



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  • Gravitation
    06-04 10:11 AM
    Morning business @ 2:30 p.m. ??

    morning business - Routine business that is supposed to occur during the first two hours of a new legislative day. This business includes receiving messages from the President and from the House of Representatives, reports from executive branch officials, petitions from citizens, memorials from States, and committee reports, and the introduction of bills and submission of resolutions. In practice, the Senate often does this business instead by unanimous consent at other convenient points in the day.

    Reference:
    http://www.senate.gov/reference/glossary_term/morning_business.htm




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  • nraja
    03-09 04:26 PM
    My 2 cents.

    If you employer accepts or lawyer accepts the porting the date then your friend can apply the EB2 priority date to EB3 date.

    Means he/she can get EB2 with 2002. As per my knowledge it is possible. But please dont ask me the document. Check with google or some website for document.

    Thanks.



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  • kpkrind
    05-04 03:33 PM
    4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

    Ans : File New H1 again ( techinacally old one as you are not counted in Quota)

    My wife's status was changed from h1 to h4, however her h1 is expiring in Oct'09. Lets suppose she gets a job offer in Feb'10, does she have to apply for a fresh h1 or can she convert to H1 on which she was working earlier? My question is how long will she not be counted against the quota?

    Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?




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  • purplehazea
    05-11 12:50 PM
    800 989 TALK - I confirmed it



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  • kumar.yerr
    12-15 05:36 PM
    I attended Visa Interview for my H1B extension today (Dec 11th 2009) at Hyderabad Consulate.

    I do have a genuine job and had been working for the same client since the day I started working in the US..

    VO gave me 221g Yellow form and he didn't check anything. He asked me to drop all the documents in the drop box. He didn't mention anything about the passport.

    Below is conversation:
    1) DS-156, 157 & Passport
    A) I handed him those docs.
    2) Are you returning to the same job?
    A) Yes sir
    3) Can I see the client letter?
    A) I gave a letter from Fedex. (Attached the client letter I submitted to the Consulate Officer)
    4) Can I see your Paystubs?
    A) Gave him all the paystubs since May 2007.
    5) Why are the amounts different in paystubs?
    A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.

    He then gave me a 221g Yellow form and asked me to drop all the documents in the dropbox. And he also asked me if he could keep the client letter. I said Yes.

    Couple of questions:
    1) Should i drop my passport along with all other documents?
    2) What is the success rate and
    3) Why do they usually issue an Yellow slip?

    Any help is greatly appreciated..

    Thanks and Regards..




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  • optimist578
    11-24 08:02 PM
    I forgot to mention that I also have a valid h1b visa. I don't intend to use my EAD. So in that case if I go back to f1, what will happen to my PD and 485 application?
    or is it better to fall back on EAD and continue with education? Please advice!
    Optimist578 - can you please let us know what you find out from your attorney?
    thanks a lotsxk


    I am planning to pursue my studies part-time, while working fulltime on H1B or EAD. If you move to F1 visa, you will have to forego your immigration application. To apply for immigration later will require you to start all over again. It is unbelievable !! :mad:
    So, depending upon your age and other factors, you should consider studying part-time or wait till you get your GC.

    ------------------------
    EB3 March 2003
    AOS RD: June 22 '07
    EAD, AP Received



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  • chanduv23
    08-15 08:46 AM
    One question on the bullet below: Does the calculation assume that all 140K visa numbers can be used towards all pending applications, irrespective of country limits. I thought the country limit is going to make the situation much worse.

    If at all USCIS plan it efficiently - one quarter in an year can be used to allocate numbers to retrogressed countries - I am not 100% sure about this, but this is what happened in the July visa fiasco - DOS wanted to maximize utilization and USCIS screwed it up




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  • Jerrome
    05-21 01:48 PM
    Dude you are asking for advise on your own RFE but advising others on their RFEs. I dont get it.

    I know answer for his RFE and i don't know answer for my RFE? Is that a problem?



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  • DareYouFireMe
    03-09 03:52 PM
    For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).


    Document URL
    http://www.uscis.gov/files/pressrele...22_091206R.pdf

    PAGE 27
    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

    PAGE 28
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification




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  • gcformeornot
    12-31 01:05 PM
    bump



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  • vikasw
    07-17 07:10 PM
    Thank you IV for your hardwork and dedication on this.

    $ 50 from me.

    Payee Amount Deliver By Confirmation
    Number Action

    Immigration Voice
    Vikas wadhwani(vikasw) $ 50.00 07/24/07 6QZ0Q-0Z4V0 Edit



    Pay From: MYACCESS CHECKING-6830




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  • hibhagya
    05-08 10:29 AM
    First thing i would try is call Immigration moderators and explain the situation and ask them some notes.
    Try to mixyour story with the notes and present to them.

    second option:
    Try to go through some threads and gain some knowledge about what they will ask and how to make it effective to listeners.

    I guess there is no issues even if they try to find any information about your employer or your self.They are not investiagting on you ,all they are doing is analyze the issues of immigration system.




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  • sagar_nyc
    08-10 04:51 PM
    WOW Man It's Awesome news .. Congratulations
    \

    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)




    fromnaija
    03-28 01:05 PM
    You will need to have your H1 amended to show that you are employed part time. You should be fine with that.


    My LC is languishing in Philly backlog center. Not sure if I beleive that they will have it completed by Sep 2007. In any case, I am blessed enough to be able to switch to a part time status at work. I am enrolling in a part time graduate program. My question is - will going part time at work hurt me with LC or even later with 140, 485, or maybe even green card interview?? Thanks.




    pidurika
    03-10 01:44 PM
    We had the same thing (Case transferred to NBC) and we now have an interview notice in April. We do not know what it is about, until we go for the interview. I have another thread I created recently called "485 Interview" that you can visit in this forum.

    Good news, as you already put it, is they did not lose our files :-)

    AP



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