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  • widad2020
    08-11 09:21 AM
    Pd 5/2006 ; Eb2-I; I-140 Approved NSC





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  • royus77
    07-05 07:55 PM
    Hello,
    I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
    My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
    PLEASE HELP.
    401k is a employee sponsered retirement program .I think they can stpulate rules/regulations . Being on a L1 Visa i think they can always say they moved you on a intra company transfer and not having any intension to sponser your immigration papers ( Green Card)





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  • skynet2500
    11-24 02:03 PM
    Yes. This is what I am thinking. They are going to stay for 6 months anyways, I wanna take advantage of tax deductions if possible. Would getting an I-94 extension for a week going to be a problem? thanks.





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  • RDB
    12-02 08:24 PM
    Don't get excited too soon :)

    I saw the following message when I logged into the USCIS case tracking system.


    * Note on "Last Updated" date:
    Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.

    I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.
    PD-12/05
    RD-07/03/07

    This LUD was after more than a year. Hope Jan bulletin brings some movement.



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  • Sakthisagar
    11-30 03:58 PM
    I checked on the website, and it has a note - " Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. "
    Here's the link that I was referring to...
    RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)

    What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
    Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.

    Thank you.


    To my knowledge.. Indian passport is renewed now for 10 years, of course Please apply for the renewal of passport as soon as you get the new I-797. (Otherwise they might give it for one Year). So You should get for a 10 year renewal.

    And regarding your stamping, I do not know your personal situation, If the travel to India is not very urgent, Please postpone it at least til you get your EAD/AP if you are planning for a permanent residency. Otherwise if you are going for stamping, its all your GOOD LUCK! especialy nowadays for H1B stamping.

    Usually it takes one and half months to renew the Passport in US. I have done it way back in 2003. I am not aware how long it will take now.

    Please talk to your attorney,and decide.





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  • panduputhran
    07-27 03:50 PM
    I see 2 sets of people in this forum. One who has recent priority date (2005-2007) and they want to process I-485 by receipt date and another set who has much older PD, they want I-485s processed by priority date.

    Guys, this is awkward.. There is no point in keep fighting and speculating..we will wait and see



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  • nashim
    08-11 11:23 AM
    same here, dec 04





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  • gc_check
    05-01 10:19 PM
    Well, It is good that you believe there is even a slim chance that Dec '06 will become current !!! I do not think so at least this FY '11. Sorry for my pessimistic outlook !!! But that is the case.

    If your 485 is approved, while your Spouse on H4 is out of country, who has not yet filed 485 and do not have AP, will not be able to travel as the non-immigration visa is void once your become a LPR. You might have to do a Consular process or file following-to-join you which could take significant time. It is better, she return immediately on H4 once you know your date will be current for following month in Visa Bulletin as Dept. of state at least release this data couple weeks ahead, Else you might end freeing a visa number to some one on line after you in EB2 category or for an EB3 person upgrading to EB2 :)

    For immigration issues, my suggestion will always be to get counsel from an attorney then forum as each case is different.



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  • harikris
    05-20 08:09 PM
    President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)

    After a long period, this piece of news is most welcome. This is precisely what we need - people that really matter are going to take up this issue. Hopefully, they reach some logical conclusion on legal immigrant petitions. All we can do from outside is to influence their discussions/debates by making our views heard.





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  • visaspirant
    10-21 11:26 AM
    Hello,
    Here's a snapshot of my scenario:

    1.My first H1 with company A: Oct 2005 to Oct 2008 (stamped in my passport)
    2.My entry to USA: May 2006
    3.My wife's entry to USA on H4: Oct 2007 (stamped in her passport)
    4.My second H1 with company B: Dec 2007 to Dec 2010 (Not stamped in my passport)
    5.My wife's H1 with company C: Oct 2008 to Oct 2011 (Not stamped in her passport)

    My wife is on H1 now and she could not get a job till now. Now we want to change her status back to H4. Whats the best way to do this? She plans to travel to India in Jan 2010 and I plan to travel to India in April 2010. Any help highly appreciated.



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  • ImmiLosers
    12-23 09:11 PM
    I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.

    What does that mean? Have you used AC21 or it is not necessary.
    Secondly, what about the job description match up?





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  • Nakano
    05-13 05:12 PM
    Hi Ruban,

    I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.



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  • EB3_SEP04
    06-30 09:21 AM
    If I were you, I would decide office by Receipt Number EAC/LIN

    Thanks Johnamit, my EAD card # starts with "WAC" which is for "California service Center"





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  • gsc999
    09-14 02:54 AM
    Can you guys think of an Immigration Voice jingle. A tune that is catchy.
    IV members who have an eye for lyrics and music lets see what you got.

    Let me try:
    ************************************************
    "Immigration Voice, Immigration Voice, Immigration Voice Rocks!

    When dark clouds of labor backlog envelops my domain
    Immigration Voice is one sure place that can help my spirits regain

    Lot of questions and a long wait for my green card
    Immigration Voice is where I get sage advise from the bard

    Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
    In the dark storm, one shining light, like minded people who share my plight

    One day I will wake up from this nightmare,
    I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care

    One day soon, I will become a proud story,
    One more American dream, till then Immigration Voice makes me forget my worry

    I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
    Silver lining on a dark cloud, one single ray of hope

    Immigration Voice, Immigration Voice, Immigration Voice Rocks!
    ***********************************************
    Please improve

    Cheers!
    _____________



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  • kadarm
    05-12 03:13 PM
    We went to India last year. No issues. No need of transit visa. The German consulate letter says the same.





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  • quizzer
    01-08 01:32 PM
    Its simple,,fill in form 10c and and form 19 and send it to HR. They should even help you get it direct deposit in to your local account in India. I got mine....it was pain-less. This was not with tcs,,,another company...

    My case is not simple but i did not quit in usa either..i resigned without doing the notice period in india sometime back.

    So is it possible to file 10C and 19 directly with the PF office and get the money without involving TCS?

    Your ideas are highly appreciated.



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  • GCanyMinute
    09-10 08:42 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.





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  • beautifulMind
    06-29 01:55 PM
    now this is confusing..should we or should we not use the A# from OPT card...Anybody else confirm this





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  • nozerd
    02-01 12:40 PM
    Landing is when you formally enter Canada as a Permanant Resident.

    It doesnt take more than 10-15 minutes. Its easier to do at an airport then by land.

    Its also the time you will be submitting your "goods to follow list" - ie the list of itesms you currently have (Jewellery, Car, electronics etc) which you can import to Canada duty free. Anything you bring afterwards could be taxed duty.





    vasa
    07-17 05:50 PM
    Thanks Thanks Thanks to IV ,And all the dedicated core group members and all those who made it possible..

    We should be thanking Zoe Logfrien(sp?) and all the senators who wrote to DHS and any public figure who supported us.
    Instead of flowers , how about sending Thank you cards to emilio and Zoe.

    We should also thank emilio for recognising his mistake and reversing it .

    I hope there are no sarcastic remarks against the agencies from our members.We have to be humble and dignified.

    And last but not the least do we now start a campaign to help all those who are stuck in backlog. No guys we dont forget you while we rejoice , I hope the core members come up with a plan to take this up soon..

    I suggest that if anyone hears from media about this update make them aware about the plight of those who are stuck in backlog..





    viper673
    11-14 07:15 PM
    Sent to TSC



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