Guestbook Entry for Jayanthan Padinjaredath , United States
Name
Jayanthan Padinjaredath
Country
United States
State
NJ
Search
Guestbook Entry for Pravin Balasubramaniam , United States
Name
Pravin Balasubramaniam
Country
United States
State
CA
Guestbook Entry for Shivanand Baswannappa , United States
Name
Shivanand Baswannappa
Country
United States
State
Texas
Guestbook Entry for Sundar , United States
Name
Sundar
Country
United States
State
MD
Guestbook Entry for Shanmugadevi , United States
Name
Shanmugadevi
Country
United States
State
IL
Guestbook Entry for Shankar, United States
Name
Shankar
Country
United States
State
Texas
Guestbook Entry for Anurag Dwivedi , United States
Name
Anurag Dwivedi
Country
United States
State
VA
EAD and H-1 Conversions for Derivatives
Question details
I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.
Can you please clarify these questions.
Qo1. Would it be advisable for my wife(secondary applicant) to change to EAD in case she gets a better employment with another employer? This employer is not willing to transfer H1.
Ans. That should be fine.
Qo2. All that is required to work on EAD is fill in form I-9 and submit a copy of EAD with it. Does the employer have to do anything like notifying USCIS etc?
Ans2. The employer has to do nothing more than prepare the I-9 and keep updating it every time new EAD is issued.
Gap in Employment during AOS
Question details
My friend lost his job on Friday when he was working on EAD (this is not the employer who has applied for GC). His i-140 was approved last year in May. He is looking for new job which would take couple of weeks. I have following question for the situation:
Q1. Is there any limit or restriction for number of days without work between changing job?
Ans. No. I do not believe a few weeks should make a difference.
Q2. Will this impact his GC process?
Ans. Not as long as he is eligible for AC21 portability.
PERM Through Relative Owned or Controlled Company
Question details
Can a PERM case be filed through a company that is owned or controlled by a relative of the beneficiary?
The answer is yes, BUT, the case is likely to be very closely scrutinized and may even require supervised recruitment. That means, USDOL will most likely ask us to place advertisements again under their direct supervision. So, we could end up repeating the advertising. This could cause delays (and of course even denial).
This question had come up a few weeks earlier also. I wanted to clarify this with the USDOL so we wrote to them. Our letter and their response is attached.
AOS Denial – Consequences for H-1
Qo. If an AOS (adjustment of status or I-485) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
Ans. A lot depends upon the grounds of denial and whether they are likely to be overturned on a Motion to Reopen/Reconsider. Do note, there is no appeal against a 485 denial.
USCIS Office, Callowhill St. Philadelphia PA
State
PA
Date: 06/02/2008
Time: 2:00 PM
Place: USCIS office, Callowhill St. Philadelphia PA
Visitor's visa issued - Chennai
My in-laws have been issued visitor's visa on 28th at Chennai.
Some points:
* I have sent the sponsor documents.
* Advised them to take special care about arrangement and presentation of the papers
* I have sent two sets of originals/copies for them.
* Trained them on the possible questions and the answers.
*They are both around 70 years of age.
*This is their first interview and they have never visited any foreign country.
The questions they faced:
Nonimmigrant Visas
Returned to US in 4weeks after 6months stay
I thought this info might benefit some people.
My FIL entered US end of July '04. His 6months stay expired end of Jan '05. Our request to extend the stay was denied and he left within 10days of receipt of that letter. But he returned in 4 wks from India (he left on Feb 6th '05, returned on March 3rd '05). At POE in Los Angeles, they questioned him, but finally gave him 6months stay on I-94. He has a multiple entry visa.
Nonimmigrant Visas
Visitor Visa Approved at Chennai
Hi All,
My mother got her visitor visa approved at Chennai Consulate. I'm also including the questions that they asked my Mom. The interpreter(requested for one) was already there in the cube with officer it seems.
1Q. Since how long your son is staying in US ?
A. 5 Years
2Q. Where is he staying?
A. YYYY City.
3Q. How many months you're planning to stay?
A. 6 months.
4Q. Did your son applied for Green Card?
A. Yes.
Nonimmigrant Visas
CIS Reinstates Limited I-140 Premium Processing - Updated 2/27/09
The news item and related documents are available here:
http://www.immigration.com/newslette...prmprocss.html
Please note, for now (June 2008), premium processing is only available if you meet ALL of the current requirements:
1. Your are currently on H-1;
2. Your H-1 status is expiring within 60 days when you apply for I-140 premium processing; and
USCIS Expedite Criteria
This issue has come up several times. Here is what USCIS says:
USCIS Considerations to expedite Cases
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Basic Criteria for Extraordinary Ability
This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.
Regards to all. Rajiv.
Transferred case approved at SF office
Our case was initially filed with VSC in March, 2001 (EB2 and future-employment based, the petitioning company is located in NJ and we always work in California)
In Jan, 2004, our case was said to be "transferring" to SF local USCIS office for interview and after many times of phone inquiries and letter/fax sent over to them from my wife and the attorney, an office finally (after 7-8 months of newless waiting) get in touch with the attorney(in NJ) earlier this month and indicated that interview is unnecessary, however, we do need to surrender some docuemnt.
Taxonomy upgrade extras
Guestbook Entry for Roustem Saiakhov , United States
Name
Roustem Saiakhov
Country
United States
State
OH