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rockstart
04-23 04:17 PM
Thanks for the response guys. I think it is better to change address because address forwarding does not work with USCIS letters. I have seen the trouble my friend had to go through to get his GC.
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makemygc
08-03 10:34 PM
maybe they meant 07/1/2007
See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
new_phd
04-14 05:41 PM
Read clearly, the statement is very clear. It says "If the Green Card applicant .... is the child or spouse of ...."
It means that if you-the applicant - has either of your two parents or your spouse born in a country that is less impacted (or not impacted) by the country of chargeability wait time, then you can use their country of birth to apply to your application instead of your own.
Therefore, your parents and your spouse count as the only people you can use for cross chargeability. Not your kids.
Hope this helps.
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
It means that if you-the applicant - has either of your two parents or your spouse born in a country that is less impacted (or not impacted) by the country of chargeability wait time, then you can use their country of birth to apply to your application instead of your own.
Therefore, your parents and your spouse count as the only people you can use for cross chargeability. Not your kids.
Hope this helps.
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
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macml
01-26 10:45 PM
Okay thanks for you advice.. Well, before I got married my wife was on an exchange school visa and after school she had an extra year to find work. Not exactly sure the types of visa. But we got married while she was still on one of her visas. Her visa just recently expired, but is there a need to file an I-130 along with the other green card applications? I understand k1's and k2's don't need to.
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bsnf
07-12 02:30 PM
I called my lawyer yesterday and he told me that he did not get a single case send back.
He filed 300 applications.
He filed 300 applications.
gc_chahiye
11-19 12:41 PM
i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
+ 3 years is correct, as thats what your H1 petition is for. You will get a 3 year multiple entry visa, thats the standard for H1.
+ no problem with your sister being in the US. The H1-B is a dual intent visa. Unlike a student visa or a tourist visa you are not required to prove any ties to INdia or convince them that you'll return. Dont take any support letter from your parents, its not needed. As long as you have a bonafide job offer from the US and your degree certificate etc are in order, you are good to go.
If they ask you if you'll come back, the answer is upto you: you can say yes, you can say you'll evaluate in 3 years if you want to return or extend for another 3 etc. Typically it does not come up because of the dual-intent nature of this visa.
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
+ 3 years is correct, as thats what your H1 petition is for. You will get a 3 year multiple entry visa, thats the standard for H1.
+ no problem with your sister being in the US. The H1-B is a dual intent visa. Unlike a student visa or a tourist visa you are not required to prove any ties to INdia or convince them that you'll return. Dont take any support letter from your parents, its not needed. As long as you have a bonafide job offer from the US and your degree certificate etc are in order, you are good to go.
If they ask you if you'll come back, the answer is upto you: you can say yes, you can say you'll evaluate in 3 years if you want to return or extend for another 3 etc. Typically it does not come up because of the dual-intent nature of this visa.
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visves
07-04 06:55 PM
Congratulations!! Enjoy your freedom!
There is hope....
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caond
05-07 05:41 AM
I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
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WaldenPond
07-21 08:48 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
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maddipati1
04-23 04:55 PM
i have first hand experience. don't believe what USPS guys tell you. All CIS mail says 'Address Service'. I guess that means only deliver to that address otherwise return to sender.
i too talked to USPS guys, believed what they said and did mail forwarding and AP was returned back to CIS. learned a costly lesson.
AFAIK, people got RFE's when they moved very far, like coast-to-coast, but none for people moved not so far.
my experience with AR-11 was good. but make sure to complete the second step for pending applications.
I am in similar situation. While my street address will also stay the same the building is same I am just changing floors...going from a 1 bed to 2 bed which I have to and can't avoid.
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
i too talked to USPS guys, believed what they said and did mail forwarding and AP was returned back to CIS. learned a costly lesson.
AFAIK, people got RFE's when they moved very far, like coast-to-coast, but none for people moved not so far.
my experience with AR-11 was good. but make sure to complete the second step for pending applications.
I am in similar situation. While my street address will also stay the same the building is same I am just changing floors...going from a 1 bed to 2 bed which I have to and can't avoid.
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
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andy garcia
02-23 11:05 AM
Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india
EB1 - 3K
EB2 - 21K
EB3 - 17.5K
EB4 - 0.3K
EB5 - 0
EB Total - 41K
Am I missing something?
You are missing this:
The large number of LPRs in the EB in 2005 was primarily due to the AC21 Act of 2000, which recaptured 130,107 unused EB visa numbers from 1999 and 2000 to be made available to 1st, 2nd, and 3rd preference EB immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005. None of these visas were used in 2006. In addition, the REAL ID Act of 2005 recaptured 50,000 unused EB visas, 5,125 of which were used in 2005. In 2006, 33,341 of these visas were used, exceeding the 2006 employment preference limit of 143,949. The majority of the visa numbers recaptured by the REAL ID Act were issued to individuals whose country of origin was the Philippines (57 percent) or India (22 percent).
EB1 - 3K
EB2 - 21K
EB3 - 17.5K
EB4 - 0.3K
EB5 - 0
EB Total - 41K
Am I missing something?
You are missing this:
The large number of LPRs in the EB in 2005 was primarily due to the AC21 Act of 2000, which recaptured 130,107 unused EB visa numbers from 1999 and 2000 to be made available to 1st, 2nd, and 3rd preference EB immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005. None of these visas were used in 2006. In addition, the REAL ID Act of 2005 recaptured 50,000 unused EB visas, 5,125 of which were used in 2005. In 2006, 33,341 of these visas were used, exceeding the 2006 employment preference limit of 143,949. The majority of the visa numbers recaptured by the REAL ID Act were issued to individuals whose country of origin was the Philippines (57 percent) or India (22 percent).
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GIDOC
07-18 01:47 AM
We should still encourage Congresswoman Zoe Lofgren to look into why this happened in the first place. This should not happen again.
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yabadaba
06-18 12:46 PM
factory man:
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
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mmanurker
10-17 03:11 PM
Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
apart from payroll tax is'nt the employer suppose to pay employer tax which I suppose is anywhere between 8 to 12 % depending on the state it is operating? or is payroll tax same as employer tax? what other taxes does an employer has to pay if he hires a person on W2? appreciate inputs on this.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
apart from payroll tax is'nt the employer suppose to pay employer tax which I suppose is anywhere between 8 to 12 % depending on the state it is operating? or is payroll tax same as employer tax? what other taxes does an employer has to pay if he hires a person on W2? appreciate inputs on this.
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Alabaman
06-10 12:17 PM
plus sidlees english is even poor. I wonder how he has been keeping his job.
Sidbee,
thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.
I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.
Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).
You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.
I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.
J thomas
Sidbee,
thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.
I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.
Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).
You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.
I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.
J thomas
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morchu
05-04 04:52 PM
Try some reading regarding "Administrative Decisions" from USCIS website (link below).
http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp
If you can find a similar case, you know what to prove.
One question, was your I140 also got denied? Or is it just I485 alone got denied?
Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif
I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.
We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.
http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp
If you can find a similar case, you know what to prove.
One question, was your I140 also got denied? Or is it just I485 alone got denied?
Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif
I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.
We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.
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rkiran
12-02 04:35 PM
Hi,
I have a similar situation and am going to the local office on friday.
Did you get the AP? Did they ask more specific questions about the illness and why it is urgent etc. I am still trying to get the letter and am trying to find out what should be included on it. Also, was your letter faxed or scanned or did you get the original.
Thanks,
Thanks for the input.
I actually went to my appoitnment this morning at my local uscis office, the lady was nice. but i was told that the hospital letter need to state what are my granma's sickness instead just sayong terminally ill. and she had me to go back with a new letter tomorrow, and if her supervisor approves it, I will get it right away.
just some info to share.
wish me luck!
I have a similar situation and am going to the local office on friday.
Did you get the AP? Did they ask more specific questions about the illness and why it is urgent etc. I am still trying to get the letter and am trying to find out what should be included on it. Also, was your letter faxed or scanned or did you get the original.
Thanks,
Thanks for the input.
I actually went to my appoitnment this morning at my local uscis office, the lady was nice. but i was told that the hospital letter need to state what are my granma's sickness instead just sayong terminally ill. and she had me to go back with a new letter tomorrow, and if her supervisor approves it, I will get it right away.
just some info to share.
wish me luck!
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PlainSpeak
02-25 03:34 PM
A friend of mine (GC) sent his and his family passports to DC embassy and they sent his wife's and one kids passports back to him and sent the remaining 2 passports to some one else in california. Fortunatly the person who received the passport was a nice guy and he called my friend and sent back the passports.
Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post
Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post
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p_kumar
12-04 11:09 PM
Eyes already on citizenship!. appreciate your optimism.:D
saketkapur
07-06 02:50 PM
But I did have a valid H1B stamp in my passport at the time of entry......
You should confirm with your attorney as to if you will be able to maintain H1 status after entering on AP if you do not have a valid stamp...not sure about that......
regards
Saket
You should confirm with your attorney as to if you will be able to maintain H1 status after entering on AP if you do not have a valid stamp...not sure about that......
regards
Saket
B+ve
05-15 01:19 PM
I would like to clarify one thing....
Are these Certifications from Sun Microsystems, Oracle and IBM consider as supporting documents for 4 year degree or equivalent to any educational qualifications or experience?
I mean, people are doing these certifications even with out a job or while on bench....
I do not want to degrade or project these certifications in low profile or so, I do know the value of these certifications while searching for a job, but could not understand how they will help you in education or experience with USCIS.
Correct me if I am wrong.....
- B+ve
Are these Certifications from Sun Microsystems, Oracle and IBM consider as supporting documents for 4 year degree or equivalent to any educational qualifications or experience?
I mean, people are doing these certifications even with out a job or while on bench....
I do not want to degrade or project these certifications in low profile or so, I do know the value of these certifications while searching for a job, but could not understand how they will help you in education or experience with USCIS.
Correct me if I am wrong.....
- B+ve
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