suresh.emails
01-12 01:55 PM
It was clearly written in the last 2 pages of any Indian passport that, one should not handover passport to any one; unless other wise MOE (Ministry of External Affairs), Indian Court has ordered so.
It is illegal to:
1. Hand over passport to any one
2. Send through courier across borders
3. To Mortgage passport (a set of people will do in some cases; when they owe money)
4. In Possesen of others passport.
The imprisonment for doing so is 6 months to 3 years in jail or fine or may be both (to the best of my knowledge).
So be careful in doing so.
P.S-1: Handing over passport to Consulate/Embassies is a different case and person should be in the same country where the consulate is while applying for visa?.
It is illegal to:
1. Hand over passport to any one
2. Send through courier across borders
3. To Mortgage passport (a set of people will do in some cases; when they owe money)
4. In Possesen of others passport.
The imprisonment for doing so is 6 months to 3 years in jail or fine or may be both (to the best of my knowledge).
So be careful in doing so.
P.S-1: Handing over passport to Consulate/Embassies is a different case and person should be in the same country where the consulate is while applying for visa?.
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funny
09-16 02:54 PM
Keep those phone lines busy..
sandy_anand
11-09 03:27 PM
Filled out the form...
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gccovet
09-04 01:42 PM
I beg to disagree on this thought:
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
LostInGCProcess, Chanduv23,
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
LostInGCProcess, Chanduv23,
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
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optimizer
01-15 11:15 AM
My case is also under extended review and in the same situation as other VSG/affiliate current/former employees in this thread.
Based on the current situation and discussing with other members it doesn't really look like USCIS will revoke or deny I140/I485s enmasse, but you never know.
We have followed the law and were always employed with paystubs and everything and have nothing to fear.
I have formed a yahoo group for current/former VSG employees whose GC is stuck.
Group members can share experiences and exchange ideas as we go through the pain of GC Processing.
Staying as a group we can plan to hire a powerful attorney if god forbid our situation gets worse.
I have already sent group invite to some of you to join this group. If you are interested in joining, send me a private message or email me at thebestoptimizer @ gmail.com
I believe Suvendra had posted the same question in the OTHER popular immigration forum and had some replies there.
Thanks,
Optimizer
Based on the current situation and discussing with other members it doesn't really look like USCIS will revoke or deny I140/I485s enmasse, but you never know.
We have followed the law and were always employed with paystubs and everything and have nothing to fear.
I have formed a yahoo group for current/former VSG employees whose GC is stuck.
Group members can share experiences and exchange ideas as we go through the pain of GC Processing.
Staying as a group we can plan to hire a powerful attorney if god forbid our situation gets worse.
I have already sent group invite to some of you to join this group. If you are interested in joining, send me a private message or email me at thebestoptimizer @ gmail.com
I believe Suvendra had posted the same question in the OTHER popular immigration forum and had some replies there.
Thanks,
Optimizer
uma001
08-21 09:28 AM
Congratulations
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rahul2699
05-19 11:46 AM
The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.
I agree with you...B-1 visa abuse by indian MNC's putting pressure on the legit applicants. Looks like its all coming together to haunt. I think you'll have little luck in getting it done considering that you've already spent 3 years on H-1B. They might look at it as you are resorting to B-1 visa to immigrate. Sorry to say this but that's most likely is what they are thinking.
I agree with you...B-1 visa abuse by indian MNC's putting pressure on the legit applicants. Looks like its all coming together to haunt. I think you'll have little luck in getting it done considering that you've already spent 3 years on H-1B. They might look at it as you are resorting to B-1 visa to immigrate. Sorry to say this but that's most likely is what they are thinking.
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roseball
02-20 04:14 PM
Thanks for the replies, I appreciate the time.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.
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yabadaba
07-12 08:47 AM
what the hell is AILF doing????? why hasnt the lawsuit been filed yet????
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admin
06-04 06:44 AM
The Heritage Foundation is a powerful Conservative Think Tank based out of Washington DC.
More at http://www.heritage.org
More at http://www.heritage.org
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srarao
07-19 04:23 PM
I read some posts and they say we need to go to local heath dept.If some one has exp ,I just wanted their suggestion
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greencardvow
08-03 07:23 PM
Please close this thread.
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lakshman.easwaran
07-20 02:35 PM
Folks, I have been reading this. My lawyer send me G325 only. I haven't filed as of yet. Should I file G325A instead.
Use G325A since it has four pages. Each page will be sent to different places written at the left bottom of each page. My lawyer sent me G325A.
Use G325A since it has four pages. Each page will be sent to different places written at the left bottom of each page. My lawyer sent me G325A.
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swamy
10-27 12:54 PM
Sen Kennedy is the reason every one of us could come even be here in the US today. Please read up on some history of legal immigration - especially the one that dismantled racial barriers. The senator might not share your focus or sense of urgency in solving EB issues first and may be more passionate about the illegal issue but that does not mean he's any less interested in legal issues or make him 'exclusively' an advocate for undocumented. Dont unnecessarily diminish anyone who is your friend - once again, go back and read up on the history of immigration especially around the 60's.
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roseball
11-09 09:57 PM
Hello gurus,
I have one doubt abt requirements to port EB2.
my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?
thanks a lot for your help
Your lawyer is wrong. You should have 5 yrs of experience at the time of EB2 PERM application.
I have one doubt abt requirements to port EB2.
my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?
thanks a lot for your help
Your lawyer is wrong. You should have 5 yrs of experience at the time of EB2 PERM application.
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needhelp!
11-15 09:46 AM
Few days back I was talking to two members from a district in texas where these two were the only members (state chapter members. I am sure there are a hundred others who live there, but have not joined our chapter) These two have taken the initiative to go and meet their local congressman, even though it means a two hour drive for one of them (Texas districts are big)
It is very heartening to see this happening, and if everyone just goes and meets their own representative, and makes him aware of our issues, we will be moving in the right direction.
Please join your state chapter, talk to others (WE ARE ALL SIMPLE PEOPLE, JUST LIKE YOU) who are doing it and be inspired to do the same.
It is very heartening to see this happening, and if everyone just goes and meets their own representative, and makes him aware of our issues, we will be moving in the right direction.
Please join your state chapter, talk to others (WE ARE ALL SIMPLE PEOPLE, JUST LIKE YOU) who are doing it and be inspired to do the same.
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jonty_11
01-15 10:29 AM
Hi,
Out of the 3 - CELPIP, IELTS,
which do u think is teh preferred test for us?
Just got Letter from Buffalo Canada Consulate to provide results of this test.
Plus Looks like IELTS does not have a test location in the state I reside in.
Out of the 3 - CELPIP, IELTS,
which do u think is teh preferred test for us?
Just got Letter from Buffalo Canada Consulate to provide results of this test.
Plus Looks like IELTS does not have a test location in the state I reside in.
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chanduv23
06-12 10:30 AM
Hi Mr. Singh,
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job and it requires the company to apply for your permanent residency. If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
Why before October?
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job and it requires the company to apply for your permanent residency. If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
Why before October?
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anandrajesh
05-04 01:59 PM
Hi Madhuri,
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.
I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.
I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.
dpp
07-27 03:02 PM
I-485, 765 and 131 forms are for the applicant who wants to adjust status/ work/travel. So, applicant signature is required. Even though you fill G28, that is for authorizing the attorney in preparing and submitting the forms.
I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.
Please ask your attorney why he did like that.
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.
Please confirm.
Thanks for the earlier reply.
I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.
Please ask your attorney why he did like that.
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.
Please confirm.
Thanks for the earlier reply.
desi3933
02-19 10:57 AM
Great piece of info, dude! :)
Just an additional question, what happens if the parents are in the I-485 applied stage and the baby is born outside of US ?
I would call it expensive mistake.
The child has to apply for immigrant visa as follow-to-join, unless, of course, if child is still eligible for H4 visa. In that case, he/she can file for I-485 in the US if the PD is still current.
______________________
Not a legal advice.
US citizen of Indian origin
Just an additional question, what happens if the parents are in the I-485 applied stage and the baby is born outside of US ?
I would call it expensive mistake.
The child has to apply for immigrant visa as follow-to-join, unless, of course, if child is still eligible for H4 visa. In that case, he/she can file for I-485 in the US if the PD is still current.
______________________
Not a legal advice.
US citizen of Indian origin
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