apatel_17
07-11 02:51 PM
They will not get I-94 for more than 6 months. You need to do following things to claim them as dependet(s) -
1. Extend their stay beyond I-94 i.e. 6 months.
2. Get ITIN number for them. (I am not sure how you get it on B1/B2)
This is the primary reason, immigration does not give more than 6 months I-94 on B1/B2 and avoid extending their stay....even if those are genuine reason(s).
My parents only stay here for about 170 days/year. Though, for every 30 days they stayed here last year, I can count 10 days towards their substantial presence in the US this year. That's how they can pass substantial presence without staying more than 180 days any single year. And B1/B2 visa holders can get ITINs. Undocumented immigrants who had no visas, in many states could use their ITINs to get Driver Licenses. IRS recently cracked down on this practice and asked all agencies to stop accepting ITINs as a form of identification and also made it harder to get an ITIN, but visa holders can get one. You may need to take the applicant (with their valid passport and visa) to an IRS office for verification. They can then accept the form in person, and return you a stamped copy of the application
1. Extend their stay beyond I-94 i.e. 6 months.
2. Get ITIN number for them. (I am not sure how you get it on B1/B2)
This is the primary reason, immigration does not give more than 6 months I-94 on B1/B2 and avoid extending their stay....even if those are genuine reason(s).
My parents only stay here for about 170 days/year. Though, for every 30 days they stayed here last year, I can count 10 days towards their substantial presence in the US this year. That's how they can pass substantial presence without staying more than 180 days any single year. And B1/B2 visa holders can get ITINs. Undocumented immigrants who had no visas, in many states could use their ITINs to get Driver Licenses. IRS recently cracked down on this practice and asked all agencies to stop accepting ITINs as a form of identification and also made it harder to get an ITIN, but visa holders can get one. You may need to take the applicant (with their valid passport and visa) to an IRS office for verification. They can then accept the form in person, and return you a stamped copy of the application
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gc_on_demand
08-19 10:17 AM
Hello there
YES you can convert into EB2. If I were you and get some offer to convert into Eb2 I would do it. Eb3 is not going to move until Eb2 will become C. and chances are that Eb2 India may become C in next 2 years if same rate labor get approve. If you go on convert route. lets assume that labor takes 18 months and I 140 takes 6 months. that is 24 month it self. Now after 2 years your case can be current but if you stick on Eb3 then after 2 years it will start from 2002. So if your PD is in 2004 then you may need another 2-3 years for that.
So bottom line is you need to find some one who has job opening in Eb2 and ready to file for you. Which is very rare opportunity in given environment. almost like a winning a lottery with 10k prize.
YES you can convert into EB2. If I were you and get some offer to convert into Eb2 I would do it. Eb3 is not going to move until Eb2 will become C. and chances are that Eb2 India may become C in next 2 years if same rate labor get approve. If you go on convert route. lets assume that labor takes 18 months and I 140 takes 6 months. that is 24 month it self. Now after 2 years your case can be current but if you stick on Eb3 then after 2 years it will start from 2002. So if your PD is in 2004 then you may need another 2-3 years for that.
So bottom line is you need to find some one who has job opening in Eb2 and ready to file for you. Which is very rare opportunity in given environment. almost like a winning a lottery with 10k prize.
sands_14
10-06 12:35 PM
But remember that this does NOT include 3 LARGE groups of potential EB's:
1. Those who have NOTHING filed with USCIS yet, since their LC is still at the BEC==>THIS IS CORRECT
2. Those whose I-140's have been approved, but can't file I-485 yet.==>I THINK THIS HAS BEEN TAKEN ACCOUNT OF BY USCIS.
3. The dependants of (1) and (2).==>THIS IS CORRECT
None of the above would be counted as having a 'pending' case with USCIS.==>nO.2 HAS BEEN ACCOUNTED FOR
1. Those who have NOTHING filed with USCIS yet, since their LC is still at the BEC==>THIS IS CORRECT
2. Those whose I-140's have been approved, but can't file I-485 yet.==>I THINK THIS HAS BEEN TAKEN ACCOUNT OF BY USCIS.
3. The dependants of (1) and (2).==>THIS IS CORRECT
None of the above would be counted as having a 'pending' case with USCIS.==>nO.2 HAS BEEN ACCOUNTED FOR
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sunny1000
04-14 06:13 PM
congrats!;)
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Templarian
03-19 01:17 PM
No one reads the comments before they vote, plus it takes more than that to guilt trip people into voting.
Might donate to orphans that were hurt in that toy fire explosion started by a guy dressed in a barney costume who happened to remove the costumes head right before hand. Did I mention they don't have long to live.
:angel: -> :evil:
Might donate to orphans that were hurt in that toy fire explosion started by a guy dressed in a barney costume who happened to remove the costumes head right before hand. Did I mention they don't have long to live.
:angel: -> :evil:
garybanz
11-07 10:28 AM
You have three options
1) Talk to your employer and see if he is willing to support your I-140 while you are away on leave of absence, if he agrees then great!
2) Talk to your school and check if they will differ your admission by an year.
3) Go anyway...forget about US, you can do great in Europe or Asia too
1) Talk to your employer and see if he is willing to support your I-140 while you are away on leave of absence, if he agrees then great!
2) Talk to your school and check if they will differ your admission by an year.
3) Go anyway...forget about US, you can do great in Europe or Asia too
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ragz4u
02-28 12:33 PM
Great to see that things are moving in DC at just the right time.
Also note to all the readers. I hope people realize that all the folks who are in DC right now (from Florida, NJ and other places) have
1) Paid for their trip at their personal expense
2) Are staying at hotels at their personal expense
3) Taken days off from work at personal expense
4) Paid for Rental Car/meals at personal expense
We are running short of funds and there is only so much the core volunteers can contribute (monetarily as well as timewise). Each of us have an equal stake in the outcome of what we are trying. Please consider contributing to Immigration Voice. If you have already contributed once, we urge you to please do so again. Also try and rope in your friends who are in the same boat.
Also note to all the readers. I hope people realize that all the folks who are in DC right now (from Florida, NJ and other places) have
1) Paid for their trip at their personal expense
2) Are staying at hotels at their personal expense
3) Taken days off from work at personal expense
4) Paid for Rental Car/meals at personal expense
We are running short of funds and there is only so much the core volunteers can contribute (monetarily as well as timewise). Each of us have an equal stake in the outcome of what we are trying. Please consider contributing to Immigration Voice. If you have already contributed once, we urge you to please do so again. Also try and rope in your friends who are in the same boat.
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vnsriv
03-03 10:42 AM
Thanks for starting this thread. I had completely forgotten about my passport expiring in Jun 2008. I have a question. Is it mandatory to fill name of spouse on the renewal form, if you are married. Let me know.
Thanks
Thanks
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SunnySurya
07-06 09:33 AM
I was just wondering, do you have that much paitence to start all over again. It is going to be another 10 years , if you are sent back in the line.
I am in 9th year extension with priority date 09/2002.
My I-140 denied on 06/18/08n and immediately I485 also denied.:mad:
I have Visa vailid till Jan09.
1.If I change employer and able to get labor cleared before jan09 , can I apply for I140 PP and get H1B exension.
2.Is the Priority date transferrable if I change the employer?
I am in 9th year extension with priority date 09/2002.
My I-140 denied on 06/18/08n and immediately I485 also denied.:mad:
I have Visa vailid till Jan09.
1.If I change employer and able to get labor cleared before jan09 , can I apply for I140 PP and get H1B exension.
2.Is the Priority date transferrable if I change the employer?
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gcnirvana
02-05 12:16 PM
I have two 797s: one which is current valid till June 2007 and the other from July '07 till July '10 (using my approved I140). I am going for visa stamping this March at Chennai consulate. Can they combine both my 797s and stamp me till 2010 or they'll do it only till June 2007?
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Michael chertoff
07-10 09:43 AM
Carl Shusterman says that State Department's Charles Oppenheimer indicating that there will big advances for EB2 China & India. Hopefully it is true
Immigration Attorneys, Schedule a Legal Consultation with Former INS Trial Attorney Carl Shusterman (http://www.shusterman.com/)
I hope it wiill move to Aug 2006 PD.
Immigration Attorneys, Schedule a Legal Consultation with Former INS Trial Attorney Carl Shusterman (http://www.shusterman.com/)
I hope it wiill move to Aug 2006 PD.
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dwhuser
10-02 12:07 PM
Right now we don't have any savings, paid off the car as of Oct 30th. I was trying to figure about the money which we are going to save from here on...I will take all your advice, sounds so logical and keep the emergency fund for 6 months aside.
Coming to the city we live, it's a small place in Florida and not many employment opputunities for techie people. Like I said I am working for state while my spouse is consulting and travels every week (can't find a job in his area). We never imagined a management change leading to a risky and frustrating job situation, making us to repent our buying a house. Because the moment I stop impressing this new boss, we are out. Huh...I don't want to imagine that, because we will be left with a house we can't sell or rent (don't know if some one would want to rent it) and have to move.
Thanks all for your time and advice. Let's keep it coming...
Coming to the city we live, it's a small place in Florida and not many employment opputunities for techie people. Like I said I am working for state while my spouse is consulting and travels every week (can't find a job in his area). We never imagined a management change leading to a risky and frustrating job situation, making us to repent our buying a house. Because the moment I stop impressing this new boss, we are out. Huh...I don't want to imagine that, because we will be left with a house we can't sell or rent (don't know if some one would want to rent it) and have to move.
Thanks all for your time and advice. Let's keep it coming...
more...
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ganguteli
06-25 12:54 PM
what is the deadline for the final letter and when can we start the campaign.
Also I would really appreciate if someone can post the instruction on how to send the fax.. step by step so that the non IT layman also can do that.
Please keep bumping this post and put a poll on this thread or start a thread just to get the count on how many did it.
This is about illegals. Do not fall for that trap.
These organizations are looking for bodies to send faxes. Illegals do not know computer and English. But programmers who sit in a cubicle all day and have plenty of time to go on websites and post, are a perfect fit to further the agenda of this organization.
Just ask yourself:
Has this organization leader spoken to you or IV asking for support and promised that they will work for legals?
So why are you promoting them?
They will not do anything for you if CIR comes.
Also I would really appreciate if someone can post the instruction on how to send the fax.. step by step so that the non IT layman also can do that.
Please keep bumping this post and put a poll on this thread or start a thread just to get the count on how many did it.
This is about illegals. Do not fall for that trap.
These organizations are looking for bodies to send faxes. Illegals do not know computer and English. But programmers who sit in a cubicle all day and have plenty of time to go on websites and post, are a perfect fit to further the agenda of this organization.
Just ask yourself:
Has this organization leader spoken to you or IV asking for support and promised that they will work for legals?
So why are you promoting them?
They will not do anything for you if CIR comes.
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copsmart
03-20 07:31 AM
Stop whining and move on with life. There is still a long way to go.
One worthless post!!!
Thank you for your information.I hope you know the situation right now in USA.In jan 2010 H1 people came to Newark Airport were asked to form in a separate queue as soon as they get down from the flight for two levels of interview.Some of them are sent back.Now you can't find employer to transfer your H1 immediately.Before two years it was possible to transfer H1 with out having recent pay stubs and they never asked client letter.Now if you don't have a job you can't transfer your H1 to anybody.
Before Sep 2009 it was two minutes time to take LCA. Now it takes 1 week time to approve LCA. We never heard about Employer-Employee relationship before 2010.
One worthless post!!!
Thank you for your information.I hope you know the situation right now in USA.In jan 2010 H1 people came to Newark Airport were asked to form in a separate queue as soon as they get down from the flight for two levels of interview.Some of them are sent back.Now you can't find employer to transfer your H1 immediately.Before two years it was possible to transfer H1 with out having recent pay stubs and they never asked client letter.Now if you don't have a job you can't transfer your H1 to anybody.
Before Sep 2009 it was two minutes time to take LCA. Now it takes 1 week time to approve LCA. We never heard about Employer-Employee relationship before 2010.
more...
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GCOP
08-14 03:06 PM
I am ready for Visit to DC.
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rongha_2000
05-13 05:19 PM
This database gives me an idea: Can someone who is good at programming extract all the data and build reports on how many labor certifications are there by category and by chargeability? IV tracker can also use this information to a certain extent. Unfortunately I am not a programmer so I cannot do it but I am sure for experienced programmer this should be a piece of cake.
What do ya guys say? Any takers? Also we should know how to interpret the data. I have asked additional questions in my previous post. Answer to those will help us a lot.
What do ya guys say? Any takers? Also we should know how to interpret the data. I have asked additional questions in my previous post. Answer to those will help us a lot.
more...
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nixstor
02-17 04:04 PM
I am not sure whether the thread digressed away from the original discussion on how to get the copy of the labor cert.
If that is what you are still looking for, here is a sample FOIA request (http://nixstor.blogspot.com/2008/01/how-to-get-job-description-and-salary.html).(part 2 of the blog post) I did last year and got it after 4 months. I hope DOL beefed up their resources.
DOL not only sent me the ETA forms, but also sent the whole enchilada of ads run by the sponsoring employer and other supporting documentation it provided.
If that is what you are still looking for, here is a sample FOIA request (http://nixstor.blogspot.com/2008/01/how-to-get-job-description-and-salary.html).(part 2 of the blog post) I did last year and got it after 4 months. I hope DOL beefed up their resources.
DOL not only sent me the ETA forms, but also sent the whole enchilada of ads run by the sponsoring employer and other supporting documentation it provided.
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bsbawa10
09-11 02:49 PM
Why don't you contact some senator! You have been current for so long ..
because USCIS is not even willing to talk if the Service center does not have processing dates current. And if my case is in California (which website says), then the processing dates are not current and have never been current and probably will not be current for a very long time. CSC does not process 485 applications at all.
because USCIS is not even willing to talk if the Service center does not have processing dates current. And if my case is in California (which website says), then the processing dates are not current and have never been current and probably will not be current for a very long time. CSC does not process 485 applications at all.
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Macaca
01-24 08:58 PM
You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it’s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.
USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?
If they did not catch it at PERM, why did they not catch it at the I-140 stage?
USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?
If they did not catch it at PERM, why did they not catch it at the I-140 stage?
rc0878
09-20 09:02 AM
CSC is real faaaaaaaaaaaaaast!!!!!
I got 2 emails from CRIS today for the following:
APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.
On September 19, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On September 19, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I got 2 emails from CRIS today for the following:
APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.
On September 19, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On September 19, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Karthikthiru
02-07 11:27 AM
H1 Extension applied on 11/21/2007 and H4 for my wife on the same day
Karthik
Karthik
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