raysaikat
01-15 09:21 AM
Hey Everyone,
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
For F-1 visa, you need to show non-immigration intent; i.e., you do not plan to immigrate to U.S. In your case, the combination that I-130 is pending, you want to apply to a university that does not have your major, etc., sends a very bright red flag.
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
For F-1 visa, you need to show non-immigration intent; i.e., you do not plan to immigrate to U.S. In your case, the combination that I-130 is pending, you want to apply to a university that does not have your major, etc., sends a very bright red flag.
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485Mbe4001
02-16 05:58 PM
When i get my GC in 2023, this will help me a lot ;)
godream
03-21 01:35 AM
I applied for my first 3-year h1-b extention last October.
My H1-b processing or the receipt date is Oct. 26, 2006. The USCIS website showed that California Processing Center are currently processing cases for the date of Jan 13, 2007.
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC
The only thing i received was the receipt telling me the processing date of my case is Oct. 26, 2006. I paid $1690 for the application fee. I also submitted my I-140 was approved.
I went to the immigration office in downton Los Angeles by using the INFO Pass to find out the case status. All they can tell me is to wait. I asked them as if i need to pay for the premium processing fee and the official told me it would not make much difference.
I wrote the letter to the California Processing Center to find out as if my case is pending anything or if i need to submit additional information . The reply i get was the center is no longer accept any request through mail?
I am getting so depressed as days go by because i do not know what else i can do.
Can someone please give me some advises?
Thanks!
My H1-b processing or the receipt date is Oct. 26, 2006. The USCIS website showed that California Processing Center are currently processing cases for the date of Jan 13, 2007.
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC
The only thing i received was the receipt telling me the processing date of my case is Oct. 26, 2006. I paid $1690 for the application fee. I also submitted my I-140 was approved.
I went to the immigration office in downton Los Angeles by using the INFO Pass to find out the case status. All they can tell me is to wait. I asked them as if i need to pay for the premium processing fee and the official told me it would not make much difference.
I wrote the letter to the California Processing Center to find out as if my case is pending anything or if i need to submit additional information . The reply i get was the center is no longer accept any request through mail?
I am getting so depressed as days go by because i do not know what else i can do.
Can someone please give me some advises?
Thanks!
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zCool
12-14 12:50 PM
If they ask for police clearance .. you give it..
Unless it was a felony that requires certain jail-time or something it's not always counted against you.. remember .. purpose is not to exclude shop-lifters.. they got plenty of those in Canada but rather identify and filter out security hazards.. you might need in person interview.. but it should be alright.. I know even US immigration allows folks like that.. so can't imagine Canada being more stringent..
Unless it was a felony that requires certain jail-time or something it's not always counted against you.. remember .. purpose is not to exclude shop-lifters.. they got plenty of those in Canada but rather identify and filter out security hazards.. you might need in person interview.. but it should be alright.. I know even US immigration allows folks like that.. so can't imagine Canada being more stringent..
more...
fatjoe
10-17 10:21 AM
One of my friends wanted to travel abroad, and her lawyer asked her not to, it because she would lose her H1 status. I guess even the same thing is mentioed on Murthy's web site too, where it was mentioed that it better to get your H1 stamped, if you do not want to lose H1.
So, I am surprised to hear that we could travle on AP, and also come back and extend our H1.
So, I am surprised to hear that we could travle on AP, and also come back and extend our H1.
sdrblr
03-18 04:30 PM
Hi friends,
Can we start working for the new company immediately once the transfer petition is mailed i.e. without waiting for the EAC number ?
NO.
Mailed is not equal to received or applied for transfer. Until you have proof that USCIS has received your application, dont start at the new employer. Waiting for the receipt # is the safe route down the road even though you have to delay by a week or so.
Can we start working for the new company immediately once the transfer petition is mailed i.e. without waiting for the EAC number ?
NO.
Mailed is not equal to received or applied for transfer. Until you have proof that USCIS has received your application, dont start at the new employer. Waiting for the receipt # is the safe route down the road even though you have to delay by a week or so.
more...
leo2606
08-18 10:25 AM
piyu7444
please post how you are proceeding with this matter.may be helpful for someone.
please post how you are proceeding with this matter.may be helpful for someone.
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letstalklc
07-12 02:54 PM
Will it come today?
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Leo07
02-25 07:13 AM
Although I agree with you on principle...that cannot bring people in numbers. There will always be people who don't agree with each other. leadership involves channeling both parties energies, those who agree with me and those who don't agree. Sounding arrogant, feeling proud of what I did better than others and looking down upon people who don't agree with me, doesn't help me, right? Who am I to judge somebody's attitude and achievements?
Priceless!
Speechless!
Such attitude is Worthless! How confident should we be that they will stick to the message and not go of on tangent in the meeting? It may be better off not to have them.
If people believe a cause is worthwhile and will benefit them, they will come - and registering will not be an issue for them.
If people don't want to do the heavy lifting, they will give any excuse - including registering as the detractor to join the cause. The change has to come from within and cannot be forced. You can talk to a person who has a question on what needs to be done during the advocacy days, you can talk to a person who has doubts - if he/she can be reasoned with, but you are wasting time with people who have no intention of participating to begin with!
Priceless!
Speechless!
Such attitude is Worthless! How confident should we be that they will stick to the message and not go of on tangent in the meeting? It may be better off not to have them.
If people believe a cause is worthwhile and will benefit them, they will come - and registering will not be an issue for them.
If people don't want to do the heavy lifting, they will give any excuse - including registering as the detractor to join the cause. The change has to come from within and cannot be forced. You can talk to a person who has a question on what needs to be done during the advocacy days, you can talk to a person who has doubts - if he/she can be reasoned with, but you are wasting time with people who have no intention of participating to begin with!
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chanduv23
02-07 12:41 PM
IV has so many members who just do not pull the trigger. They just do not step out of their cocoons.
This is gthe time - please please please step out and start helping IV to help yourself.
IV is one voice and be a part of this voice - collectively we can all shout loud enough so that even the deaf can hear us.
So please step up and help us. IV needs you all. IV needs your support.
Please participate in the admin fix campaign and make it a success.
Please keep this thread high up by pledging support and posting your action towards this campaign.
This is gthe time - please please please step out and start helping IV to help yourself.
IV is one voice and be a part of this voice - collectively we can all shout loud enough so that even the deaf can hear us.
So please step up and help us. IV needs you all. IV needs your support.
Please participate in the admin fix campaign and make it a success.
Please keep this thread high up by pledging support and posting your action towards this campaign.
more...
titu1972
07-13 11:35 AM
Any reason why we are all waiting for the August bulletin??? We alrerady know that the visa numbers aren't available for this year...and its also been mentioned by IV that the breaking news that everyonez expecting isnt about the visa bulletin....I am confused...could somebody throw light on this pls..why the wait?? :confused:
It seems DOS postponed to publish Visa Bulletin...due to BLACK Friday :cool:
It seems DOS postponed to publish Visa Bulletin...due to BLACK Friday :cool:
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indianabacklog
06-23 02:08 PM
Please include me too. I live in Indiana.
MyPD is Nov 2002.
I can be contacted on 317 278 0177
MyPD is Nov 2002.
I can be contacted on 317 278 0177
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nlssubbu
07-18 03:11 PM
Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. We can do a lot and lobby effectively, we just need more funds, plain and simple. Inspite of several hundreds contributing, it is not enough. Remember IV is a non-profit, so every penny is accounted for. People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable. And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
So your $100 at the bowling arena, or $50 at dinner or $35 bouquet wont get you much farther, but your recurring contribution to IV will.
I am a GC holder now and there are many people like me who are also would like to continue to contribute some money from time to time. I will get in touch with all my friends to contribute something even after GC to fight this noble cause.
Thanks
So your $100 at the bowling arena, or $50 at dinner or $35 bouquet wont get you much farther, but your recurring contribution to IV will.
I am a GC holder now and there are many people like me who are also would like to continue to contribute some money from time to time. I will get in touch with all my friends to contribute something even after GC to fight this noble cause.
Thanks
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meridiani.planum
12-14 02:41 AM
Can somebody explain how unused visas are recaptured?
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?
There is no clearcut guideline on how overflow is supposed to work. From people's experiences this is what USCIS has been doing:
unused RoW EB-1 goes to RoW EB-2
unused RoW eb-2 goes to RoW EB-3
until the last quarter of the year unused RoW EB-3 stayed unused.
In the last quarter, unused RoW EB-3 spill over into all other countries irrespective of whether the country has hit its cap or not. a complete free-for-all...
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?
There is no clearcut guideline on how overflow is supposed to work. From people's experiences this is what USCIS has been doing:
unused RoW EB-1 goes to RoW EB-2
unused RoW eb-2 goes to RoW EB-3
until the last quarter of the year unused RoW EB-3 stayed unused.
In the last quarter, unused RoW EB-3 spill over into all other countries irrespective of whether the country has hit its cap or not. a complete free-for-all...
more...
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June05
10-19 11:30 AM
"What it means that when you apply your 2nd I-140, make sure you request for PD porting as well."
This is my original question. My I-140 has already been filed - not approved yet - but we have not filed for porting the old PD. Can we not do it at the 485 stage?
This is my original question. My I-140 has already been filed - not approved yet - but we have not filed for porting the old PD. Can we not do it at the 485 stage?
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nixstor
02-17 04:04 PM
I am not sure whether the thread digressed away from the original discussion on how to get the copy of the labor cert.
If that is what you are still looking for, here is a sample FOIA request (http://nixstor.blogspot.com/2008/01/how-to-get-job-description-and-salary.html).(part 2 of the blog post) I did last year and got it after 4 months. I hope DOL beefed up their resources.
DOL not only sent me the ETA forms, but also sent the whole enchilada of ads run by the sponsoring employer and other supporting documentation it provided.
If that is what you are still looking for, here is a sample FOIA request (http://nixstor.blogspot.com/2008/01/how-to-get-job-description-and-salary.html).(part 2 of the blog post) I did last year and got it after 4 months. I hope DOL beefed up their resources.
DOL not only sent me the ETA forms, but also sent the whole enchilada of ads run by the sponsoring employer and other supporting documentation it provided.
more...
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hetuweb
08-23 08:47 PM
Yes Buddy, Everyone Will Get Fp Notices.:)
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validIV
03-17 08:53 PM
That's not true, as per my attorney. When you are on the 7th yr of your H1 the only reason for the you get the 3 year extention on the H1 based on your approved I140 after filing your 485, is so that you won't be out of status even if your 485 gets rejected. You can still stay is status in US and appeal your 485.
Sorry, forgot to mention the MTR. If your I-485 AND MTR is rejected, my point still stands.
Before you decide to waste your H-1 time please read: http://imminfo.com/Newsletter/2009-3/EAD_vs_H1B.html
Always consult a proper immigration attorney
Sorry, forgot to mention the MTR. If your I-485 AND MTR is rejected, my point still stands.
Before you decide to waste your H-1 time please read: http://imminfo.com/Newsletter/2009-3/EAD_vs_H1B.html
Always consult a proper immigration attorney
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caliguy
09-17 04:54 PM
Yes, at this point, my fear is that my file is missing or just sitting somewhere and collecting dust. I have not seen a status update since September 2007 on my case. I filed AC 21 last year, and did not see any LUD at that time. The only LUD after September 2007 that I had was this year, this was when I applied for AP and EAD renewal.
I am going to be asking my attorney to send an email to TSC streamline procedure, and will also submit a problem with CIS Ombudsman. That is what my plan is for the next 13 days.
Other than that, I am not sure what can be done. Will writing to the first lady help? I dont want to get the same standard answer that we got when the local senator send an inquiry.
I agree, I think EB2 will retrogess when October bulletin comes out. We will then have to wait until September 2010.
Come september 2010, we will start from scratch again and will hear the same thing - wait 30 days, 60 days, 90 days, etc....
Hang in there, is all I can say!!
I am going to be asking my attorney to send an email to TSC streamline procedure, and will also submit a problem with CIS Ombudsman. That is what my plan is for the next 13 days.
Other than that, I am not sure what can be done. Will writing to the first lady help? I dont want to get the same standard answer that we got when the local senator send an inquiry.
I agree, I think EB2 will retrogess when October bulletin comes out. We will then have to wait until September 2010.
Come september 2010, we will start from scratch again and will hear the same thing - wait 30 days, 60 days, 90 days, etc....
Hang in there, is all I can say!!
sankap
07-07 05:15 PM
SThe letter must indicate that job is permanent and full-time.
[/COLOR]
I've been thru many jobs here, and none of the offer letters mentioned that the job would be "permanent" (whatever that means). It's especially not possible to have that written on job offer letters for contract/project-based jobs. In any case, UDCIS does *not* require you to mention that on your EVL.
[/COLOR]
I've been thru many jobs here, and none of the offer letters mentioned that the job would be "permanent" (whatever that means). It's especially not possible to have that written on job offer letters for contract/project-based jobs. In any case, UDCIS does *not* require you to mention that on your EVL.
vin
06-14 08:43 PM
Yes, I guess there's something FISHY. I really feel the PLOT is to rip of all the $$$ first by making dates current and bring in some crap legislation that'll throw everyone out. What a brilliant scam! Even Harshad Mehta will be impressed :-)