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I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.

Thanks.

For all those whose PDs became current in June visa bulletin, It would be nice if most of you can hold off for about 10 days in june to file I-485 (485 may or may not include application for EAD and advance payrole), then USCIS may move the PDs further in july visa bulletin on both EB2 and EB3 to not loose visa numbers again this year.

I-485 filing date doesn't matter while issuing the Visa Number (Even if you file I-485 on June 31st). Visa Numbers are allocated based on the priority date.

Though this may be off topic, it is related to travel and NIV.

I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.

Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.

Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.

Thanks

I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)

Shahuja and Raju,
thanks for your reply, let's hope you get them soon.

I'm confused - Everyone who has a 140 is supposed to have a Labor and very likely that will be more than 365 days old. So why do anyone need 140 approval in that sense ?

And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.

After EAD is approved, H4 can work anywhere in any job.


Thanks much Jasmin.

I called Carnival, the CSR mentioned that I only need a passport and a US visa. However, their website says check with the country's embassy for immigration documents. I guess I will err on the side of caution and get Mexican tourist visa.



Buddy

When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.

Thanks
Raj

A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

Best Wishes,

Thanks glus

down the line we wanted to use the benefits of F1.
thats why we r planning to change!

tx

It varies from state to state based upon which money pool is used to pay the beneficiaries, but it is wise to not to go for it. You will show up as social burden at the time of adjudication and may affect the IOs descision while granting you the AOS approval or not.

Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.

Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!

There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.

At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.

You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.

forums... looks like now a days for many people EAD is delayed longer than usual.
What you guys think? Even simple receipting, check cashing or notification using I1145 is delayed for weeks...

can you please let us know some details. I am in the same situation.
Nov2004, EB3, I140 approved and I485 applied.

1. what happens to the present ead, after filing the new I140.
2.After I140 do we have to apply for new I485?



It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.

Hope it helps....Good luck

Thank you!

Don't wait for the macro lens, these shots are taken with a 100-400 at 400mm!

-Anders
I only own a Tamron 28-200 XR at the moment :), mounted in my 300D :) . But maybe is possible to create big bubbles using bath gel... I should try :D .

July 2 filer, PD 11/2005.
infopass appt IO mentioned namecheck and FP check cleared.
No soft/hard LUDs/approval yet.

There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.

As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.

What if we take a more reasonable example that McD's.
Assume a person is a pre-sales engineer and moves to customer support or development or even product management, he will have paystubs that have a reasonable amount on them. Does this solve the paystub problem or are there other issues?

The moment you use your EAD to get a part time job even you still are working fultime job, your H status is suspended. You can still work with your employer who filed your GC not in H status, but with EAD.

In other words, you can only be in one status at any time. You cannot have H status and work on EAD at same time.

What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?

Senior pl give advice.

Rated 5 stars.

I can see it in my browser. Good news for NSC as most of the dates moved significantly. Expecting to get news on my I-140 by May 2008 or earlier.

Which world are u? These dates are there online for more than 2 weeks now.

I have filed for Advance parole the second time, got it approved and the documents in hand in about 4 weeks.

The dates can be tentative, put in a date when you think you might travel, its not hard and fast so guesstimate.

The list of docs to be sent with your AP form are :
� Filled in form I-131
� Check
� 2 Photographs
� Copy of I-485 receipt notice
� Copy of previous approved advance parole document(if any)
� Copy of passport pages
� Copy of drivers license

Hope this was helpful


Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"

And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?

I would highly appreciate your help!
Thnaks in advance!

http://immigrationvoice.org/forum/showthread.php?t=4618&page=23

Thank you