Sunday, June 12, 2011

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  • Catherine
    06-23 09:40 AM
    Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.

    The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:

    "Divorce Before Green Card Issued

    Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.

    However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.

    If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.

    But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
    Applying for a Waiver

    The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:

    * Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
    * Extreme hardship to the immigrant spouse if deported.
    * Extreme cruelty and abuse from the U.S. citizen spouse.

    Waivers often require an interview of the immigrant spouse to get approval."




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  • chanduv23
    09-22 11:00 AM
    No disrespect but , 400$ biweekly seems ok to me ...It depends on how you are employed , If you are working on percentage basis then companies may charge full insurance to you , If you are employed its a different case .

    I agree - I used to work for desi employer before and used to pay around that much for insurance at least for few months until my wife started working and we moved into her insurance.

    Working om percentage basis with desi employer does look good if your billing rate is good and you are constantly having projects without any breaks.

    When you work on percentage you must remember that payroll tax, benefits, costs towards visa, GC expenses and any other costs associated - the employer tends to deduct from your percentage and will only share the profits and will not take responsibility for losses.

    If you join a decent company with proper HR and accounts department - you wont have these issues.




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  • gemini23
    07-02 03:12 PM
    Srikondoji,

    you can repeat something that is already said. first you said "step back". if you want to repeat, it should be "step back"..not "step aside". Simple logic. enjoy.:cool:



    Originally Posted by srikondoji
    Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
    Plain reading is injurious to health and community.
    I repeat "please step aside".

    Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
    Plain reading is injurious to health and community.
    I repeat "please step aside".




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  • booz
    03-25 09:30 AM
    Dear Mr. Chidanand Rajghatta,

    This is in refernce to TOI's article
    http://timesofindia.indiatimes.com/a...ow/1463861.cms

    If you want to print that Laloo Prasad cow was sick and was taken to hospital as the headline news,, fine with me.

    But please don't write about immigration issues when u guys don't research properly.

    We have come here through legal immigration channels and we hope that our GC's or H1b gets cleared soon.

    Most of us would have stayed back if the Mandal comission / V.P. Singh wouldn't have spoiled our lives.



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  • drona
    09-28 07:21 PM
    Southern California IV Meet-up on Saturday 6 October at 3pm in Los Angeles. We have several post-rally action items to work on. Join our yahoo group for further information.

    http://groups.yahoo.com/group/SC_Immigration_Voice/




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  • prom2
    10-30 12:54 PM
    Update:

    My lawyer just received AP docs.

    nviren: usually they go to lawyer address (as per other users).

    Good luck.



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  • WeldonSprings
    10-28 10:40 AM
    I think they have started Receipting Delays at NSC. By the way, did you have any RFE on your I-485 in Aug/Sept. 08.

    I applied for the renewal of my expired AP on Oct 12 which was received on Oct 14th.But neither the checks are cashes nor any reciept notice received.

    Is there anybody else in the same boat,Btw, the service center is NSC.




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  • sledge_hammer
    02-20 06:06 PM
    1) What is her current status H1B or H4?
    A) H1

    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.

    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    A) She will have to re-apply for H4 and re-enter the country.

    4) What are the options to get her back on H4. I have to file my extension in sept-2009.
    A) Contact an attorney.

    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers



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  • gandalf_gray
    06-02 11:33 AM
    Nothing would change. If any, it'd be for better I guess.

    So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.

    If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.

    just one more Qn:
    My L1 ends Sep 3rd week.
    If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
    those 14 days out-of-status : How bad is it ?

    thanks.




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  • crazylad
    05-10 08:17 AM
    My H1 sponsor informed me that the check he submitted along with my application on was encashed on Wednesday 5/7 - Non-masters non-premium processing:)



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  • yestogc
    07-02 09:52 PM
    Once you use EAD, you cannot go back to H1B.
    Also I did not understand what you meant by :

    "But need to bring my spouse in few months on H4"




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  • freeskier89
    01-02 02:29 AM
    Megaswf.com seems to work :)



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  • hebron
    04-03 12:31 PM
    Hi Bobby,
    I'm sorry, I'm a little confused now. Maybe its just me.

    Couple of questions, if you don't mind.

    1. Did you go on your vaction after getting your 3 year extension based on your approved I-140?

    2. Did you apply for 3 year H1-b extension even though your passport was not renewed?

    3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp?

    4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years?

    Thanks



    I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW




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  • fromnaija
    07-30 10:08 PM
    Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?

    The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.

    Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.

    Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.

    I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.



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  • pappu
    01-14 07:24 PM
    There is also a hearing scheduled for this
    http://judiciary.house.gov/oversight.aspx?ID=403

    This is all because people affected by it worked hard to get relief.

    See the report from National Immigration Forum:
    House Immigration Subcommittee to Hold Hearing on Naturalization Backlog

    Last year, USCIS received a near-record number of naturalization applications. There were a number of reasons for this. The climate towards immigrants has become hostile in the last few years, and obtaining citizenship offers a measure of protection from possible changes to the law that might make life harder for legal residents. There is also an unprecedented drive to help immigrants become citizens in the Ya es hora campaign, now being conducted by the National Association of Latino Elected and Appointed Officials, the National Council of La Raza, the We Are America Alliance, Service Employees International Union, and their regional partners. In addition, USCIS proposed and implemented a record fee increase for naturalization, raising the price from $330 to $595.

    In the two months prior to the fee increase, USCIS received about as many naturalization applications as in the entire previous Fiscal Year—700,000. In all, there were approximately 1.4 million applications in the Fiscal Year that ended in September 2007. Although it was expected that the fee increase would produce a surge in applications, and although advocates had kept USCIS apprised of the Ya es hora campaign, USCIS was not adequately prepared for the volume of work it received.

    Only recently has USCIS finished sending receipts to applicants who submitted their applications in June and July. USCIS says that there is now an 18-month backlog in processing those applications. In other words, if USCIS does not successfully address the problem of the current backlogs, immigrants who applied to be citizens back in July of last year may not be able to vote in the upcoming national election.

    This problem will be the subject of a hearing in the House Immigration Subcommittee on January 17th.

    Sign-On Letter Regarding Naturalization Backlogs

    The Illinois Coalition for Immigrant and Refugee Rights has drafted an organizational sign-on letter urging USICS to take whatever steps necessary to expeditiously eliminate the backlog. Deadline for signing on is Wednesday January 16 at 1:00 PM Eastern Time (Noon Central, 10:00 Pacific). For the text of the letter and sign-on instructions, see below.




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  • needhelp!
    03-28 01:30 PM
    Thanks to the volunteers putting in the efforts to work on this. Soon everything should be smoothened out.



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  • sanju_dba
    09-15 09:48 AM
    This is a great idea. I would suggest that rather than saying we will collect $200K every month and distribute $100K as prize money. We can just distribute 50% total collection as prize money.

    Yes, that works even better when the tickets sold is + or - to the target mark.




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  • ameryki
    08-28 10:28 PM
    Dude, if your profile is genuine, that does indicate something - my PD is also Nov. 2005, EB3-I. Both of us got 1 year EAD instead of 2.......hmm.....my attorney called USCIS and according to the attorney they (USCIS rep) couldn't tell them the reason for 1 year EAD.......asked me to do infopass!


    trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.




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  • calaway42
    10-04 01:38 AM
    Yes!!YES!! finally!!! woohoo!! i GOT IT!! thanx lost!




    dvb123
    11-21 10:57 AM
    Cubans and their family members need not wait in line to get green card.

    http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-22679.htm




    waitin_toolong
    04-13 01:30 PM
    I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
    If thinking of moving it to IRA account, please let me know what is the procedure involved?
    I will really appreciate if some can suggest me what are my other options.
    Thanks,

    When you open an account with Vanguard ( my favorite for IRA) they actually have guides etc to help you out, to really make things smooth do not make out checks in your name, open the IRA account and choose to roll over existing 401(k) ( it will guide you through a process) also you will receive some paperwork from current 401(k) managemnet about your options and paperwork.

    In most companies even though you will become eligible for match only after a waiting period you can still roll-over and make contributions. Check if you are confusing the two aspects.



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