mytv
08-14 11:12 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
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chanduv23
12-08 04:03 PM
It will not have much impact if any president comes in the case of immigration. Anyhow most of them are not going to Veto. It is the congress who plays important role. President can just initiate the process. Bush tried his best to pass some immigration reform but divided congress defeated all the bills. Who is the reason? Not just anti immigrants but also pro immigrant groups. Expectation from pro immigrants was too much and in some cases impractical. Anti immigrants used those and defeated every time. Also anti immigrants used division in various groups like legal vs illegal, high skilled vs low skilled and H1 vs green card. Some unbiased leader need to bring a bill which should work compromise at the same time that compromise should benefit all the groups. But unfortunately most congressmen are busy in other works. Next congress is critical for any immigration reform
Please contribute to the OMNIBUS lobbying efforts.
Please contribute to the OMNIBUS lobbying efforts.
mzdial
March 22nd, 2004, 10:41 PM
I am trying to score the publisher's courtside tickets for the Heat game. I'll bring a 300 to the game and see if someone says something from the sidelines there.. :-)
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chanduv23
09-12 04:40 PM
This is getting hilarious! Billa, Ranga...Whoz next? Rowdy Ranganna?:D
Next is Baasha :D:D
And your profile says you are not coming to rally, why so?
Next is Baasha :D:D
And your profile says you are not coming to rally, why so?
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p1234
10-05 11:44 PM
Congrats!
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D
pnjbindia
04-11 02:11 PM
LASANTHE,
I know you are a very active member of this community and I have been following your posts for a while. Congrats on the GC!! Did you call them -TSC to remind them to process your application as your dates recently became current?
I got married this year to a person from ROW category. As such, my dates are current and I applied 485 for my wife and also asked my application to be considered in ROW. No LUDs on my case so far :(.. I have gotten receipts for my spouse. I am not sure how to shout out to TSC to process my application in ROW. .... any ideas...
I know you are a very active member of this community and I have been following your posts for a while. Congrats on the GC!! Did you call them -TSC to remind them to process your application as your dates recently became current?
I got married this year to a person from ROW category. As such, my dates are current and I applied 485 for my wife and also asked my application to be considered in ROW. No LUDs on my case so far :(.. I have gotten receipts for my spouse. I am not sure how to shout out to TSC to process my application in ROW. .... any ideas...
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gctex
07-01 11:52 PM
Hi all,
In her passport, my wife's name appears as follows :
Given name = <blank>
Surname = <First name> <Last Name>
Now visa stamping has this :
Given Name = FNU
Surname = <First name> <Last Name>
We are filing I-485 this week and in all the forms we were thinking of giving :
Given Name = <First name>
Surname = <Last Name>
At the same time initiating a Name Split in the passport. Is it advisable to have name split in passport while I-485 is in process?.
There is actually no "name change" per se. Just splitting it and putting it under the correct first and last names. If we file it using FNU, then all her records like DL, SSN, EAD, AP & then GC all will be starting with FNU, which is what we want to avoid.
The ideal way would've been to split the name in passport first and then file it, but we are afraid we could get stuck with retrogression again, if the process gets delayed! :confused:
Please advise !
Thanx
-Gctex
In her passport, my wife's name appears as follows :
Given name = <blank>
Surname = <First name> <Last Name>
Now visa stamping has this :
Given Name = FNU
Surname = <First name> <Last Name>
We are filing I-485 this week and in all the forms we were thinking of giving :
Given Name = <First name>
Surname = <Last Name>
At the same time initiating a Name Split in the passport. Is it advisable to have name split in passport while I-485 is in process?.
There is actually no "name change" per se. Just splitting it and putting it under the correct first and last names. If we file it using FNU, then all her records like DL, SSN, EAD, AP & then GC all will be starting with FNU, which is what we want to avoid.
The ideal way would've been to split the name in passport first and then file it, but we are afraid we could get stuck with retrogression again, if the process gets delayed! :confused:
Please advise !
Thanx
-Gctex
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when
01-03 02:06 PM
I think is someone has Canadian PR they aren't required to have a UK transit visa. I found the this info on the following link: http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagen ame%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage %26cid%3D1006977149962&purpose=Transit&nationality=India&location=United+States
Do I Need A UK Visa
You asked if a national of India needs a visa to pass through the UK in transit.
Yes, you need a Direct Airside Transit (DAT) visa, unless you hold one of the following:
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
a valid common format Category D visa for entry to an EEA State;
a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
a diplomatic or service passport issued by the People�s Republic of China; or
a diplomatic or official passport issued by India; or,
a diplomatic or official passport issued by Vietnam.
Transiting to the Republic of Ireland
Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.
DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).
All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.
Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.
More information about passing through the UK on your way in transit to another country is available on our Guidance - Transit page.
Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.
Please make your application to Chicago, Los Angeles, or New York.
If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.
Notes:
A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.
Do I Need A UK Visa
You asked if a national of India needs a visa to pass through the UK in transit.
Yes, you need a Direct Airside Transit (DAT) visa, unless you hold one of the following:
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
a valid common format Category D visa for entry to an EEA State;
a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
a diplomatic or service passport issued by the People�s Republic of China; or
a diplomatic or official passport issued by India; or,
a diplomatic or official passport issued by Vietnam.
Transiting to the Republic of Ireland
Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.
DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).
All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.
Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.
More information about passing through the UK on your way in transit to another country is available on our Guidance - Transit page.
Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.
Please make your application to Chicago, Los Angeles, or New York.
If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.
Notes:
A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.
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h1techSlave
02-24 08:00 AM
So are you suggesting that the H1 cancellation was fine?
The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.
The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.
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desi_scorpion
08-22 10:21 AM
for h1b status...they only tell the status to the petitioner which is your employer/lawyer .....You are the beneficiary....they will not tell u the status on phone or e-mail...but no harm in trying. . if u have a receipt number then u can check online and setup an automatic notification. Hopefully u will be ok...
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bhavana
05-25 07:40 AM
sent
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gbof
09-01 04:11 PM
Congrats to you....I am still waiting.
Can some smart one start POLL for sept approvals with PD month/yr and TSC/NSC ?
Can some smart one start POLL for sept approvals with PD month/yr and TSC/NSC ?
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gautamagg
07-01 11:32 PM
yadadaba, i have posted my email in many places. If you want to get info, please email me directly in the future. I will share what I know - IV folks ridiculed me when I said my info from the Ombudsman's office was true. They simply don't want people who have a slightly variant info to raise a voice. I have not personally heard from the O's office on this as I sent my application out on Friday for a Monday delivery without any knowledge of such possibility. If it happens it will really stink...to those who call Ombudsman the barking dog - think before you say - he may have just saved us from loosing 40K visas. Possibly the dates were made current only to clear pre-adjudicated cases. And if thats true, guess what? A window will open again in October. Thats better than where we were without the O's report that may have not impacted anything and the 40K cases ahead of us would still be pending. Its in our greater interest that they get approved and we move up the ladder versus we trying to cry wolf. My 2 cents...
Something to ponder: "Gandhi's peace marches did not get Independence to India alone. They were radical movements of many people behind it equally responsible if not more. IVs movement is the peaceful one - important but not enough and definitely not filled with exclusivity"
Something to ponder: "Gandhi's peace marches did not get Independence to India alone. They were radical movements of many people behind it equally responsible if not more. IVs movement is the peaceful one - important but not enough and definitely not filled with exclusivity"
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saxx
01-26 05:05 AM
Perlin circles man, that's great.
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ubetman
08-07 10:00 PM
Thanks milind for your information...But mine is concurrent filing of both 140/485 application. when concurrent is says in USCIS, the application to be sent where the permanent job is offered which is mentioned in labor and I-140Thatswhy I am little confused...
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
current location state or permanent job offered state for concurrent filing of forms 140/485.. Any suggestions...thanks in advance
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
current location state or permanent job offered state for concurrent filing of forms 140/485.. Any suggestions...thanks in advance
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lazycis
01-15 03:00 PM
Thank you; my reading of the law is also the same. However, a few of years ago (post-2001) both inside and outside counsel hired by my company came to a different conclusion. Hence, my parsing of the words.
Yeah, that's the beauty of being a lawyer, you can interpret the same thing differently, get your money and do not bear any responsibility :)
Yeah, that's the beauty of being a lawyer, you can interpret the same thing differently, get your money and do not bear any responsibility :)
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makeup Heidi Montag Plastic Surgery
WillIWin?
02-18 10:16 AM
Hello everyone,
I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.
The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).
I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?
Your reasoning is nearly correct. But you are missing Two points:
1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.
Am I making much sense ?
I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.
The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).
I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?
Your reasoning is nearly correct. But you are missing Two points:
1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.
Am I making much sense ?
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lost_in_migration
09-22 09:35 AM
This was a good one!!
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
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JImmigrant
03-11 09:06 AM
I transferred in Feb it was fine but when I tried this week it says some restriction bcoz of state of residence
h1techSlave
03-17 04:22 PM
Some lenders do not lend to H1/EAD. So if the cheapest lender happens to not accept H1/EAD, then you did not get the cheapest rate.
In your case Wells Fargo happened to have the cheapest rate and they were also accepting H1.
I am on the look out for a loan currently. The guy with the cheapest rate (around 4.8%) does not give loans to H1/EAD folks. So I am forced to go with a guy who is accepting H1/EAD, but the rate is 5%.
When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.
I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.
good luck
In your case Wells Fargo happened to have the cheapest rate and they were also accepting H1.
I am on the look out for a loan currently. The guy with the cheapest rate (around 4.8%) does not give loans to H1/EAD folks. So I am forced to go with a guy who is accepting H1/EAD, but the rate is 5%.
When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.
I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.
good luck
LostInGCProcess
10-01 04:51 PM
In what sense he is racist? I could not understand, please explain to me.
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