sriramkalyan
04-02 03:40 PM
Land at Mexico City ... Hire Taxi to enter US at Elpaso ..If any one is scared of being stopped at Point of Entry ... Just don't pee when u see drug cartels
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LONGGCQUE
05-16 09:42 AM
what you got from is correct. Here is info from Ron's article in which he refers FAM's and INA clause. This is a copy paste from Ron's article. Do check with your lawyer before proceeding. I am getting a Non avail of birth cert from India and then adding two affidavits from parents in my wife's case.
+++++++++
Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:
�8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�
The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:
�In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�
The following, also from the FAM, is typical advice regarding an unregistered marriage:
�If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�
Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.
+++++++++
+++++++++
Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:
�8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�
The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:
�In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�
The following, also from the FAM, is typical advice regarding an unregistered marriage:
�If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�
Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.
+++++++++
gonecrazyonh4
07-20 12:20 PM
Has anyone in this forum tried to apply for teacher certification while on H4 status?
If so how did you finance your teacher preparation program fees?
Are we eligible for any loan while on H4 status or is a Visa status change to F1 required for loan eligibility?
Please respond if any of you have any information on these process.
If so how did you finance your teacher preparation program fees?
Are we eligible for any loan while on H4 status or is a Visa status change to F1 required for loan eligibility?
Please respond if any of you have any information on these process.
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abhijitp
01-27 03:47 AM
FYI, I have been in the queue for 6.5 years now. I did write the letter.
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
more...
RamK
09-24 02:09 PM
Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.
bigboy007
11-23 09:59 AM
do we need a UK visa even if we have a valid stamped US passport?
nope... but what do you mean by "Stamped US Passport"
nope... but what do you mean by "Stamped US Passport"
more...
pappu
02-23 12:53 PM
Is IV aware of this meeting
http://judiciary.senate.gov/hearing.cfm?id=2555
Yup much before. Some core members are already in DC since yesterday and working on it.
Have you met your lawmakers yet?
If not, do that soon.
http://judiciary.senate.gov/hearing.cfm?id=2555
Yup much before. Some core members are already in DC since yesterday and working on it.
Have you met your lawmakers yet?
If not, do that soon.
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yogirajd
01-14 01:47 PM
Hello All,
Thanks for the all the suggestions and views. My I-140 was denied in oct 2007. I have appealed ( MTR) in Dec. 2007 and my I-140 has got approved in 3 weeks.
I am still not sure whether my attorney has filed appeal with EB2 or EB3 category. Is it possible. My EB2 was changes to EB3 for I-140 quesry in Oct. 2007.
Tnx all.
Thanks for the all the suggestions and views. My I-140 was denied in oct 2007. I have appealed ( MTR) in Dec. 2007 and my I-140 has got approved in 3 weeks.
I am still not sure whether my attorney has filed appeal with EB2 or EB3 category. Is it possible. My EB2 was changes to EB3 for I-140 quesry in Oct. 2007.
Tnx all.
more...
perm2gc
08-28 05:16 PM
I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?Not at all ..
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Jeff Wheeler
08-20 01:58 PM
Yeah, I know that’s what it means, but I’ve heard it pronounced the other way IRL; I thought it was kinda funky, but cool.
more...
hebbar77
11-18 06:26 PM
its down, so .. so what? how does it matter?
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sameer2730
01-25 07:25 PM
sameer2730:
I am sorry for the misleading title...but it was meant for light humor. Emotions run high on this forum so I will keep your suggestion in mind when I post in future.
Thanks.
In that case I apologize. But of late there has been a spate of such suspicious activity. Look at the number of new threads opened about people being sent back by accounts with only 1 post. Looks at the pointless argument going over between messers snram4 and u.misc. Check their history and make up your own mind. I cannot imagine someone with any semblance of maturity could engage in just hideously low level argument. So obviously there is an agenda at work. To each is own . But please, its funny only if your audience finds it funny and there is nothing funny about the Feb visa bulletin no matter which part of the world you are from.
I am sorry for the misleading title...but it was meant for light humor. Emotions run high on this forum so I will keep your suggestion in mind when I post in future.
Thanks.
In that case I apologize. But of late there has been a spate of such suspicious activity. Look at the number of new threads opened about people being sent back by accounts with only 1 post. Looks at the pointless argument going over between messers snram4 and u.misc. Check their history and make up your own mind. I cannot imagine someone with any semblance of maturity could engage in just hideously low level argument. So obviously there is an agenda at work. To each is own . But please, its funny only if your audience finds it funny and there is nothing funny about the Feb visa bulletin no matter which part of the world you are from.
more...
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iv4yarli
12-18 12:31 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
Thanks for your help...
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bipin
03-18 03:28 PM
Complaining to DOL is an option, but that's a long process. I'm trying to avoid red flag gets raised and making my attorney richer by RFE, MTR etc.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
more...
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ASingh10
07-25 10:08 AM
Hi,
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
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jsb
09-07 11:02 AM
...
If I do not block my checks my worry is that it might create duplicate cases.
Yes in my second set of application I did mention the reason why I am filing the second time
Your attorney is correct. Stop Payment can be a bad spot on you. It is like giving somebody phony money. Receiver think he/she is receiving something, but it proves to be nothing. Everything else, e.g. writing to USCIS for withdrawing your second app etc. or otherwise hoping that they will reject it, is ok
If I do not block my checks my worry is that it might create duplicate cases.
Yes in my second set of application I did mention the reason why I am filing the second time
Your attorney is correct. Stop Payment can be a bad spot on you. It is like giving somebody phony money. Receiver think he/she is receiving something, but it proves to be nothing. Everything else, e.g. writing to USCIS for withdrawing your second app etc. or otherwise hoping that they will reject it, is ok
more...
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DSLStart
06-03 02:44 PM
Did you also mail them other supporting documents such as:
copy of current I-94
copy of I-485 receipt
DL/PP first two pages etc?
These are all mandatory supporting documents to be mailed.
I just got the RFE for the I-131 and they just asked for two pictures.
I applied online and the asked me not to send anything, so now they requested these pics.
I already sent them, so hopefully I'll get my travel document soon!
copy of current I-94
copy of I-485 receipt
DL/PP first two pages etc?
These are all mandatory supporting documents to be mailed.
I just got the RFE for the I-131 and they just asked for two pictures.
I applied online and the asked me not to send anything, so now they requested these pics.
I already sent them, so hopefully I'll get my travel document soon!
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questions
06-05 04:44 PM
Hi,
I have been selected for the Green Card Diversity lottery and have some questions:
I have been working for the past 6 years on a H1B visa and have been laid off in March.
I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).
1- Is my Green card application/approval in jeopardy by being out of status?
2- Is it possible to have my status adjusted and proceed inside the United States?
3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?
5- Overall, what would be the recommended approach to give the best chance of approval?
Thanks in advance!
I have been selected for the Green Card Diversity lottery and have some questions:
I have been working for the past 6 years on a H1B visa and have been laid off in March.
I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).
1- Is my Green card application/approval in jeopardy by being out of status?
2- Is it possible to have my status adjusted and proceed inside the United States?
3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?
5- Overall, what would be the recommended approach to give the best chance of approval?
Thanks in advance!
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ameryki
01-10 08:44 PM
mate long gaps between filing is not an issue at all. save your self some money by filing it yourself. Efile is easiest but keep in mind you will have to go to your nearest immigration office once they send you appt info for your pic to be taken and also your other family members.
gc_chahiye
11-11 12:51 PM
Please check this post by murthy on Non 09, 2007
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
slightly offtopic:
Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
http://immigrationvoice.org/forum/showthread.php?t=14821
visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
slightly offtopic:
Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
http://immigrationvoice.org/forum/showthread.php?t=14821
visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)
newbee7
07-04 05:08 PM
There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..
For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..
The real issue here is that people with priority date later than that was in June bulletin were approved. If the July bulleting never became applicable, how were the non-current PD apps approved??
For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..
The real issue here is that people with priority date later than that was in June bulletin were approved. If the July bulleting never became applicable, how were the non-current PD apps approved??
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