Saturday, June 11, 2011

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  • eb3retro
    04-15 08:40 AM

    You have no idea how I am desperate and will appreciate your help.

    I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.

    The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.

    My only visa has really been revoked so I really overstayed 7 months.

    Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.

    Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.

    Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?

    Thanks a lot for your advises

    i am pretty sure you wont find any advice for illegal activities here in IV. Here you will see only law abiding LEGAL highly skilled immigrants discussing their issues. Before anyone I will show you the door out of IV, if you want advice for breaking the law.

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  • swadeshi
    08-31 12:30 AM
    OK so we're 1 million in the backlog. That could be a small country.

    Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.

    Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.

    So.. if anyone has the info on how to register a new country, I'd like to know.

    Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.

    Is it your wishful thinking bloke? if it was possible our chinni bhai would have done that instead of waiting this long...

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  • BharatPremi
    10-24 01:33 PM
    You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.

    What FIFO Pappu was talking about is related with 485 processing between Receipt and final conslusion. That processing is done on "Receipt date" based FIFO in theory. For practical matter, most of the time, end visual effect is 485 is not done through receipt based FIFO but it is done through that.

    Example: Assuming both same catgory and same PD, your 485 file reached on July 2nd. My file is reached on August 2nd. Your file will be processed first.. But say you stuck in name check and I am not then down the road after 1 year, if our PDs become current, And If by that time processing is over on my file then I will get GC first although your file reached first but because you will be still stuck in name check.

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  • mrdelhiite
    08-07 05:55 AM
    I filed my 485 on 2nd July and I am in process of filing 485 for my wife soon. I wana document and ask if there anything different from my 485 filing. Also can someone provide a list of supporting documents that I need attach to her application. I do have a rough list of mine but i wana make sure i dont miss anything.

    Thus can someone share the list of docs required for Spouse 485 application

    Changes that I need to watch out ?

    Form revisions I need to use for 485/ead/AP, I think fee will be same ie for
    485 –> $325+$70, EAD --> $180 , AP --> $170 ( as released in update1)

    I mailed my application to Nebraska, I am based in Florida … thus according to new rule should I send my wife’s application to Taxes?

    Should I include my supporting documents like I20, SSN, EAD ( of OPT) etc in her application.

    should i put some bright color note on application saying that i filed my application as Single on July 2nd and now filing my wifes application as i got married on July 29th ?

    Do i need to put my original employement letter with her application too or the copy will do ?

    I am not using a lawyer thus any help is appreciated.

    -M :)


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  • nixstor
    08-23 10:26 PM
    I was thinking that BEC's have 300K odd cases. Are you sure its only 180K?

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  • Beta_mle
    02-21 09:23 AM
    And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.

    In short, aal izz well.

    Not a legal advice.
    US citizen of Indian origin

    Thanks Desi. That helps peace of mind. Do you have a link to the regulation concerning out of status applying only to applicants 17 and older?


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  • for_ac21iv
    06-01 03:26 PM
    Hello all - Thank you,

    I am impressed with the response to this poll.
    Within minutes of creating the poll, I saw a lot of views and
    good number of people expressing interest towards a new
    separate bill for legal immigrants.

    How can we take this forward ?
    Can core members of IV comment on this option please ?
    Can I call and talk to someone to discuss this at IV ?

    PCS -- thank you.


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  • Beemar
    08-30 01:20 AM
    Hi frnds,

    I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.


    Can you name them? I think I can help.


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  • wellwishergc
    04-03 09:50 AM
    I think, it makes more sense for us to strive for 'I-485 filing without PD being current' and 'removal of hard country quota' issues rather than striving for the 'self GC application'..

    Let us focus on issues which is an extension of the current framework for legal immigration. I do not think it will be in our interest to compare our provisions with the ones of undocumented workers.

    Just my opinion!!!; IV core team can best decide on the approach. Is there any updates on our attempts to ammend for the 'I-485 filing clause' and the 'removal of hard country quota' clause?

    Yes if you are able to prove your illegal stay here and willing to wait for 6 years before applying for your GC, then you can do go this route. Also remember, it is possible that as of now there is no specific category under which these undocumented people can file their GCs. It is possible that you might have to wait another god know how many years before you actually get it.

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  • perm2gc
    10-27 07:09 PM
    I have applied for my H1B extension in july and got the approval in Aug...:D


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  • kondur_007
    04-06 01:26 PM
    One thing does not make any sense: If they have reduced the backlog so much, why can't they resume I 140 premium processing?

    AILA is finally tired of asking this question, but it simply does not fit the equation that thye have not yet started premium processing (considering their love for money:p)

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  • casinoroyale
    01-03 01:43 PM

    How come they are doing namechecks on women? That is supposed to only for male from 17-45 years of age? Can you please clarify? what is namecheck or TechnologyAlertList (this is the only check they can likely do on women as per my understaning).

    What that namecheck on YOU or on your wife?


    I asked the same question to my attorney as last time my wife was stuck in name check in H-4 stamping. This time she was on H-1 and I asked the attorney that if she goes for H-1 and H-1 get's delayed or denied can she use AP without affecting the GC and his answer was Yes. The AP should have an approval date before she left the country i.e. AP should be approved while she was in US.


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  • dazed378
    03-28 04:18 PM
    As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?

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  • bsbawa10
    08-21 10:23 AM
    You must ask the badge number and note down the time of each call. Then file a complaint if you are not satisfied with the customer service experience.

    Once we have a proof of hundreds of such written complaints, IV can also follow up. We need people to file 'written' complaints in order to help improve the service.

    I do not have any ID (She spoke that too quickly) but I know the time (8 am cst) and I am prepared to give the written complaint.


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  • snathan
    05-19 04:25 PM
    The statue of limitation is, i believe, 2 years.

    No, its only 12 months.

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  • amsgc
    04-04 02:10 PM

    You need to give more information about what whether your wife was able to file I-485 for your wife. If you are from a retrogressed country, then your wife was probably not able to file to adjust status. In that case, she is can change from H4 to F1. After the approval, her status is not dependent on yours, and you can start using EAD.

    I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.

    Is there any risk involved here and if so, please let me know

    Thanks in Advance


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  • Rockford
    07-17 02:11 PM
    Excerpt from Gregs blog and comments :(

    "Things are going SOUTH . No agreement and No relief.
    Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."

    Guys take it for what it is worth. I am off to work.... :)

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  • mrajatish
    09-02 11:54 AM
    Let us restart the Washington state chapter - all interested volunteers, please email me at to kickstart the process.


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  • prom2
    10-02 09:07 PM
    So ND definitely matters. Check your position in queue using ND. Not RD.

    So in my opinion with current situation PD matters in the end. Luck matters first. :(

    I am agree with you.

    07-31 03:41 PM
    is any one interested for Coor pool / Charter Bus for DC rally ?
    May be we should work on that way ..

    If any one ..pls PM me

    09-07 11:44 AM
    I posted this question almost a month agao with no response. can anybody help?? I am stuck........

    I have a question regarding an appeal I did a year ago for a rejected LC.

    I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks

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