No PP for labor subs. No PP for other EB cases until 8/2/07 atleast. They may extend that because of the I-485 filings which will happen until 8/17.
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I hope this is a precursor to something more broader..
I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
This is why consulates and uscis are so tough.
You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.
Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.
Sorry, not much good news for you.
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My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
Though, it appears as regular employment verification letter, there may be catch in it due to what you explained above. Though you were an "engineer" in H1B, your employer applied as a "technician" in green card application (LC/140) to overcome pre-wailing wage issue. This is not good one if they found out, as the technicians can not be in H1B visa. You can not argue I will be technician after getting GC. Also, you can not use AC21 as "engineers" and "technicians" are not similar occupations.
It seems that NJ based consultancy firm "Segicorp" is fraud because it has taken money on behalf of H1B aplications from many candidates and there is no response yet.
Segicorp is giving same reply to all that applications was couriered thru fedex and waiting for reply from USCIS. They are just fooling as there is no prrof that our application packets was really couriered to USCIS. If they had really sent our application packet then we would have atleast received Receipt number.
All of many friends who have applied thru other consultants has received receipt number long back and are waiting for their status. If we had atleast received receipt number and no approval, then also we would have been convinced that approval depends on USCIS and NOT on segicorp. But Segicorp had nicely and smartly enjoyed everyones money and are free without any problems.
Now from last few weeks they are not even replying any emails or phone calls. This clearly indicates that it was very well planned fraud. They should really be sent to jail. :mad:
I feel returning more than one I94 carries its own risks. Who takes it from you? - The airline representative who simply rips off these and shoves it in a cardbox box. By some chance if the newer I94 is overlooked by anyone and a older I94 that also surrendered is entered in your immi records, I'm sure you'd rue that day! Yes, keeping a copy of that I94 is good, but why not prevent the issue at POS?
Gurus, is there any requirement to surrender ALL I94s?
can we have some kind of confrence call number we can call and listen to the speakers?
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I had emailed 4-5 different reporters (Oklahoma City, Tulsa, Dallas, Houston) who had recently published articles on immigration. The reporter from Tulsa emailed me back the same day (within a few hours) saying that he is interested in the "legal immigration" angle and would like to pursue it if I was willing to be interviewed and be photographed. I set up a time and place for the interview and the photo.
I had two conditions that the reporter agreed to:
1) He would not use my employer's name, and
2) After he finalizes his story, he would read back all my quotes to me to ensure no misquotations.
He graciously complied with both my requests. I was surprised to see front page coverage. I sent a Thank you email to the reporter after the article was published. He told me that various people (legal immigrants) from the Tulsa area had contacted him after reading the article and wanted to know more about Immigration Voice.
Let me know if I can be of further help.
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I am not looking for reasons for denial. I will know it in a few days myself. If you can throw some light on the status of I 485, I would appreeciate it.
Thanks for your time.
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I needed that laugh after the day I've had. Thanks.
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Actually I followed my previous filing from my lawyer and it is "Adjusting Applicant" or "AOS".
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Ronnie stated in no uncertain terms that "Immigration and Tax Filing are not at all related". This statement, in any which way you look at, is factually incorrect. Unfortunately it perpetuates the misconception that your non-immigrant status (which is an integral topic in the subject of immigration) has nothing to do with your taxes. In fact, many people often make this mistake, only to be corrected when presented with the 1040 instructions, and Publication 519.
If Ronnie had said something to the effect that filing jointly or separately will not have an affect on your immigration status or Green Card application, then I might not have objected. However, it should be filed in compliance with the law.
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
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Are you currently H1 holder or H4 holder?
what H1 and H4 has to do? Once you start using EAD..your current status has no impact. On EAD, you can do multiple jobs but similiar description.
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Page 20 of http://www.gao.gov/new.items/d0620.pdf shows target dates that the USCIS should have achieved
Page 22 of http://www.dhs.gov/interweb/assetlibrary/CIS_AnnualReport_2005.pdf shows the unused visas for EB category ad the complex way it is calculated
http://fermat.nap.edu/catalog/11463.html shows the need for American Competitiveness. This report was published by the committee on Science Engineering and Public Policy
Pages 8-10 of http://www.whitehouse.gov/cea/ch2-erp06.pdf describe the importance of high skilled immigration to the U.S.
http://dosfan.lib.uic.edu/ERC/visa_bulletin/2000-07bulletin.html Section E shows the procedure used
You can also send the following
THe brochure (http://www.immigrationvoice.org/media/Immigration_Voice_Brochure.pdf)
Endorsement (http://www.immigrationvoice.org/media/Dr_Richard_Florida.doc) by Dr. Florida
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Ask your future employer to apply new H1B with consular processing(no change of status).
Wait till you get the H1B approval ,book an appointment at US consulate(preferably home country)and get stamping.As everyone mentioned you cannot work till you get I-797 and get stamping.
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Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.
The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.