Kama Of Kingstone

Hope the may bulletin is published by tommorow as Obama has threatened to veto any stop gap bill

Obama vows to veto short-term bill - Washington Times (http://www.washingtontimes.com/news/2011/apr/7/senate-leader-reid-government-headed-shutdown/)

While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?

With due respect to Prashanthi, I don't think the OP aged out of his I-485. Since his parent submitted their and his I-485 in 2007 (that is before he turned 21), his application is protected under CSPA. In fact with respect to EB, once the I-485 is submitted and then the PD retrogresses, the child's age is locked in and the application will be approved whenever the PD becomes current again.

See page 3 of this document:

http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf


Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.


It's risky for the OP to go out of the US while his application is pending. However, it can be done if he has advance parole. He will have to return each year to renew his AP. If this is a risk you are willing to take, you could go but be aware of this.

Guys ,
Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?

Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?

This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd

Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.

It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.

Hi
Therefore how much would be the time
from after the application will I be able to change my status from H1B
to permanent resident and recieve my greencard? Does the premium
processing shorten the time?

Kambi
Kambi,
First of all let me congratulate you for planning ahead and preparing for getting green card. It�s always better to know the details ahead. The whole process as it stands now can take several years even for people from Rest-Of-World (for people born in India, China and Mexico its much, much, much worse). In general LC/PERM and I140 can be done in about six months time (give or take a few months which should not bother you much as you will be in early days of H1b). I485 is the step that takes longest and the processing times depend on the job classification. With current laws it can take several years before even you can submit application. But if SKIL bill or something similar is passed in US congress; your whole application process time can come down drastically (well there might still some issues because of load, but at least you can change jobs and still continue the process). Now the question is will that SKIL bill will be passed or not? � it�s beyond anyone�s guess but it is possible if we as a group try harder and do everything that we can. This is once in a long while chance to change our plight. Many analysts/experts feel that contentious issues like immigration will not be taken up near presidential elections which are in �08 so our best chance is next few months. Please spread the word about IV among your friends/peers.

I am directly appealing to you because I have talked to many young friends like you who are in school. Their general attitude is it�s not their problem and that they are far too away from the point to worry about GC. Guess what, I used to think same a few years back and am here stuck in this retrogession. One good thing is now we have an organized effort (thanks to IV core team) and IV team showed us that they know what they are doing and are putting serious effort. Please spread the word about IV and make them members.

IV core/pappu,
You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.

.

I got my h1b visa stamping done recently. My labor and I-140 EB2 approved, did not take any labor approval and I-140 papers.

Yes, yes, yes you can invest in stocks etc.
You don't need need anything from the INS.
I invest with Scottrade too, as do many of us on this forum.


Hello i am new to this forum, i am looking for some answers involving stock trading? My question is: Can i invest in stocks, mutual fund, etc. while having only a EAD(work Permit)? Do i need get permission from IRS? What do i need to do invest legally? I was thinking of investing with Scottrader.

Thanks in advance for all the replies.

I am also in same boat, I was gathering information on the same and found different solutions.

1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.

please advice on the same, good questions synergy.

Just got my passport renewed at SF.
Applied in person and opted to get it back in the mail.

Got it in hand exactly in a week from application date...(pretty smooth)....

And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.

They will adjust it properly in your passport for you...

All the best.

Hi All,
I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
Thanks
EB3-I
PD Jan 2002
I-140 cleared in 2006
I-485 received date Aug27 2007

My son 18 and a green card holder since december 2005 - entered the US legally in 1999 lives with me his father - mother in other country - no ties to other country - UK:
He has a sister here - and me and other family members:

He was involved with taking snow mobiles last december and charged with midemeanors reduced from felonys - 2 felonys reduced on plea bargain:
He was sentanced to 3 years probation, and some days per week in jail which he served but is still on probation:

He picked up another charge when entering a friends house and was with another person who stole two items - a laptop and a wii - he was charged with burglary in 2nd class C felony - we have a attourney and hopefully can get it reduced to a misdemeanor:

He is currently in jail on $25,000 bail:
He appears in court on wednesday - we will ask for a bail reduction:
Obviously a violation of probation is filed and he has this new charge and the old charges he was put on probation for now hanging over him:

This kid was mixing with the wrong crowd and I need to get him away from that and will ask the judge to send him to boot camp where he will learn discipline, responsibility and grow up:

My questions are:

would he be depostable or would he face any involvement regarding immigration?

If his charges are misdemeanors including this felony reduced to a misdemeanor - meaning never having been convicted of a felony - does this constitute removal proceedings or involvement in possible deportation?

Your advice would be greatly appreciated

for your help in the past and look forward to continue working with you.

both H1 and H4 extension are filed together regularly.

However, the need now arises to upgrade both to premium processing.

Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.

But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.

Anyway, thanks for all replies. I'll keep digging....

Rob - this is superb street journalism - the selective colouring adds to the impact. Nice job.
Pete

I recently renewed our passports at Indian Embassy, Washington D.C . I sent 2"X2" size photographs and there was no problem in passport renewal.

How long did it take for you to renew the passport. My appointment date is on Apr 03 and they received my documents on March 31st. I did not get the passport yet. Do you have a number to call them. I called all the numbers listed on the website and no one answers.

Get some inspiration

qtW8h5vLfn4

and make it to the meeting and rally :)

see you there..

US Laws protect employees completely.

If at all your current employer wants to do anything they can sue your new H1 sponsor or the end client. If your end client and new employer's attorneys are ok to sponsor H1 and job contract, then you don't have to worry.

3 years before I wanted to join my then end client directly. But their vendor manager refused becos they had signed an agreement with my then employer stating that they will not hire any resource for 6 months from the date they leave the work.

I am sending a flower with a note to LincolN, NE address.
Could anyone give me the complete and correct address?

We should all send individually the flowers.
--sri

Hello sri...

I understand your need to do this right now! But it will be more effective if all those flowers go together! Even if we send them individually... it should be done such that Emilio gets them on the same day!

Set a date for when to send them and either we all send them individually on that day or if IV takes over the funds... let IV mail those flowers on the same day. My opinion is that sending them individually will make it difficult to coordinate. Everyone is busy... and it is quite possible that some of us may forget to mail the flowers!

Besides.. it is easier to just put the money with a central authority and then let that authority take care of sending those flowers on the selected date. That way there is less hassle for those who want to contribute.. that way we get more people to support us!

If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different. That's right. Second PERM can be filed for same employee at same company if first PERM is already approved (not pending) and second PERM is for a "substantially different" position.

Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same. This is not well defined. In my case, the second PERM was for a position in a different O*NET category and a different job zone, and this was considered "substantially different" by DoL. My guess would be that if the two positions are different O*net codes, you should probably be fine (this is a guess only - please consult your attorney).

Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?Sorry, I don't have any experience in that area, so I can't comment.