bauchermark
08-19 12:53 AM
I was married in India as per Muslim law and currently both of us hold US citizenship. At the time of marriage we both were indian citizens. What kind of rights do my wife has on my property in India on our divorce (I bought these properties after my marriage and it is all registered under my name) ? In US, both husband and wife would share any property that we aquired after the marriage. Does the same true in India?
Thanks for your help. I pray no one should go thru these type of issues in thier life.
Thanks for your help. I pray no one should go thru these type of issues in thier life.
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RollingStone12
04-25 10:57 PM
hi, first, I'm not trolling. I have a genuine question and I'm looking for answers seriously. I got laid off in 2009 while on a h1b and then for one reason or another, stayed back for 8 months. My understanding was that I could have gotten a new job within 6 months and then switched over my h1b. I was foolish. My I-94 on the h1b approval letter however had an expiration date of October 2011. By the time 8 months had gone by, I decided it was time to give up hope and return to my country.
Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?
Already I have answered your question. the onus is on you to prove that you are not marrying for GC or USC and your marriage is genuine. If the US consulate or USCIS becomes suspicious..they wont give your any chance...no matter what. There are cases where one married to the USC and have US born kids...still not able to get the GC and facing deportation and spending good amount time with attorney and immigration court.
Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?
Already I have answered your question. the onus is on you to prove that you are not marrying for GC or USC and your marriage is genuine. If the US consulate or USCIS becomes suspicious..they wont give your any chance...no matter what. There are cases where one married to the USC and have US born kids...still not able to get the GC and facing deportation and spending good amount time with attorney and immigration court.
sagittariusarm
02-12 07:27 AM
My wife met with a very minor accident and it was her first accident. It was an on a unattended car. The back bumper of the car got scratched, The main mistake she did was , she did not leave a note and she came home, she basically panicked. She called me and I told her to go back and call police by that time, somebody complained to police and police came home and issued citation. According to Florida statues this is a criminal violation.
The following is the detail of the citation.
Crash: NO
Injury: NO
Serious Injury: NO
Property Damage: NO
Aggressive Driving - NO
Fatal: NO
I am in the process of talking to traffic violations related and Immigration attorney.
I would appreciate if somebody can please advice on the following.
1) What will happen to her I485 process? currently she has EAD and I485 is pending
2) She is unemployed currently but if she decides to work in the future will this cause any issues when employer does background check?
3) Attorney mentioned that he can clear the points and criminal violation records but will this still be a issue for I485 process?
Please let me know.
The following is the detail of the citation.
Crash: NO
Injury: NO
Serious Injury: NO
Property Damage: NO
Aggressive Driving - NO
Fatal: NO
I am in the process of talking to traffic violations related and Immigration attorney.
I would appreciate if somebody can please advice on the following.
1) What will happen to her I485 process? currently she has EAD and I485 is pending
2) She is unemployed currently but if she decides to work in the future will this cause any issues when employer does background check?
3) Attorney mentioned that he can clear the points and criminal violation records but will this still be a issue for I485 process?
Please let me know.
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sbmallik
05-25 05:22 PM
If your MIL is not in the US, you cannot technically extend the visa.
more...
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07-15 12:23 AM
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mn_finch
08-25 05:48 PM
My Permanent residency is being processed thru Employer A (I-140 not done yet).
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
more...
Sakthisagar
03-11 10:36 AM
Folks,
Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins
Cyrus D. Mehta & Associates, PLLC (http://cyrusmehta.com/news.aspx?SubIdx=ocyrus20103925436)
Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins
Cyrus D. Mehta & Associates, PLLC (http://cyrusmehta.com/news.aspx?SubIdx=ocyrus20103925436)
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sanjose16
02-26 01:27 PM
What is the expiration date for her current H-4 I-94?
Jun 10 2009
Jun 10 2009
more...
icecold_astro
09-29 09:53 AM
Thank you very much for your prompt reply. That cleared a lot of confusion. If I apply lets say, 3 weeks before the expiration of her I-94, does she have to leave as soon as her current I-94 expires of can she wait for the decision? I she can wait what status will she be in once her current I-94 expires and the extension is still pending?
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rajeshpatl
09-14 09:47 AM
Hi,
Raj Iyer and glus, I am married and have child born in USA. so I don't think I have this option before my parents become citizen.
Thank you.
Raj Iyer and glus, I am married and have child born in USA. so I don't think I have this option before my parents become citizen.
Thank you.
more...
pcs
01-25 10:00 PM
AP means, he is pre authorized to come back. Talk to some guys & wait to see some more replies at thou is forum. Ask your friend to block seats till you get more clarity.
Best of luck.....
By the way, pease stay active with IV & help our / your cause by getting more active members & contributions
Best of luck.....
By the way, pease stay active with IV & help our / your cause by getting more active members & contributions
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looivy
07-24 01:13 PM
I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?
Is anybody else in the same boat?
Is anybody else in the same boat?
more...
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Giles08
03-31 11:18 PM
Hello everyone:
I got my first H1-b on May 2007 (receipt data April 28, 2007 and notice data May 10, 2007) with company A. I transferred the H1-b to company B and got approved on December 2007. Company A revoked the H1-b and but got REF for additional evidence.
Company A is supposed to receive the approval notice of the H1-b revocation. However, strangely, days ago, company A received the I-797A approval notice (receive data April 28, 2007 and notice data March 26, 2008) from USCIS, which has the same receipt number as the one approved on May, 2007 except that the notice date is changed to March 26, 2008.
I have a big concern that according to the rule of �last status count�, does the H1-b with company A will replace the H1-b with company B (I am currently working in company B with H1-b)? What is my status now? Can I keep the two H1-bs at the same time or I have to cancel the H1-b with company A again?
Thanks!
I got my first H1-b on May 2007 (receipt data April 28, 2007 and notice data May 10, 2007) with company A. I transferred the H1-b to company B and got approved on December 2007. Company A revoked the H1-b and but got REF for additional evidence.
Company A is supposed to receive the approval notice of the H1-b revocation. However, strangely, days ago, company A received the I-797A approval notice (receive data April 28, 2007 and notice data March 26, 2008) from USCIS, which has the same receipt number as the one approved on May, 2007 except that the notice date is changed to March 26, 2008.
I have a big concern that according to the rule of �last status count�, does the H1-b with company A will replace the H1-b with company B (I am currently working in company B with H1-b)? What is my status now? Can I keep the two H1-bs at the same time or I have to cancel the H1-b with company A again?
Thanks!
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conchshell
07-13 07:21 PM
I know that there are too many threads open initiating new campaigns, and asking the IV administrators to make the threads sticky. However there is something that we can demand as part of administrative reforms at USCIS, without any need for congressional relief.
When any type of application reaches USCIS, it kinda goes into a black hole. Unless there is a decision on the application, all an applicant do is to cross the figures, and hope that the outcome will be favorable. Worst, sometimes people with later priority date get the approval, and the all a victim with pretty much straight forward case can do is self consolation.
We all know that there is a USCIS case login page, which allows us to create a portfolio and track the case approval. But the information provided by this site is really basic (Informing the applicant that the application was received on such and such date, and its pending for processing at our processing center). Why can't we ask USCIS to improve this portal, so that an applicant can view the details of the case like FP, background check result, priority date, associated 140 status, etc. I am giving this example for a 485 application, but this service can be provided for all other types of cases like H1B, EAD, AP, 140, 485, Labor Certification, etc.
BTW, I saw a note on immigration-law.com, and according to them its a just four (yes only four) member team which is managing their information technology at USCIS. On a lighter note, I feel like creating an Open Source software consortium which will develop the software to add in efficient case processing and better services, where USCIS can download the source code to enable faster deployment of customer services portals.
Anyway, fun apart, I think we should start a campaign to get more meaningful information from customer portal: https://egov.uscis.gov/cris/jsps/index.jsp
This way the case processing would be more transparent, an applicant will have more information about the case, the number of phone calls USCIS receive will go down substantially, and people like us will have much more peace of mind. I was wondering if we can come up with a case status detail page, that contains majority of info/updates we applicants want to see. It should not be difficult to compile such information. So meanwhile, when nothing much is expected from Congress on legal immigration relief, at least USCIS can provide this type of service improvement. Any ideas, criticism, pros and cons of such thing?
When any type of application reaches USCIS, it kinda goes into a black hole. Unless there is a decision on the application, all an applicant do is to cross the figures, and hope that the outcome will be favorable. Worst, sometimes people with later priority date get the approval, and the all a victim with pretty much straight forward case can do is self consolation.
We all know that there is a USCIS case login page, which allows us to create a portfolio and track the case approval. But the information provided by this site is really basic (Informing the applicant that the application was received on such and such date, and its pending for processing at our processing center). Why can't we ask USCIS to improve this portal, so that an applicant can view the details of the case like FP, background check result, priority date, associated 140 status, etc. I am giving this example for a 485 application, but this service can be provided for all other types of cases like H1B, EAD, AP, 140, 485, Labor Certification, etc.
BTW, I saw a note on immigration-law.com, and according to them its a just four (yes only four) member team which is managing their information technology at USCIS. On a lighter note, I feel like creating an Open Source software consortium which will develop the software to add in efficient case processing and better services, where USCIS can download the source code to enable faster deployment of customer services portals.
Anyway, fun apart, I think we should start a campaign to get more meaningful information from customer portal: https://egov.uscis.gov/cris/jsps/index.jsp
This way the case processing would be more transparent, an applicant will have more information about the case, the number of phone calls USCIS receive will go down substantially, and people like us will have much more peace of mind. I was wondering if we can come up with a case status detail page, that contains majority of info/updates we applicants want to see. It should not be difficult to compile such information. So meanwhile, when nothing much is expected from Congress on legal immigration relief, at least USCIS can provide this type of service improvement. Any ideas, criticism, pros and cons of such thing?
more...
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Blog Feeds
09-08 09:50 AM
San Diego Immigration lawyer informed that the Department of Homeland Security, USCIS has submitted the information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on June 9, 2009, at 74 FR 27339, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until October 2, 2009. This process is conducted in accordance with 5 CFR 1320.10.
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
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krovvidiusa
09-03 09:36 AM
I filed my 485 in EB-2 I, in July 2007. My PD: Nov 2004. I couldn't resist myself from creating an Infopass appt to find out the details of my case. I am in Dallas, TX. Had the appt at 7am this morning and I am pretty happy with the appt. I had a soft LUD on 08/14/09 and was concerned if it was for pre-adjudication. The officer was respectful and answered all my questions. I was asked my priority date, category, country chargeability. He checked the system and told me that the case is pre-adjudicated on 08/14/09 (hence the soft LUD) and a decision has been made. I asked him if he would know the decision and his response was "I cannot officially say that it is in the YES bin, but USCIS does not have to wait for a visa number if it was in the NO bin." I said that I understood it and asked if the namecheck and FBI check were complete. He said, the next step is to approval. I was all smiles.
I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).
Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).
My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.
I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.
I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).
Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).
My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.
I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.
more...
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gcwait2007
07-29 06:02 PM
I am on EAD. my priority date is Oct 2003 EB3.
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
Federal assignments are primarily meant for citizens and then in some cases for GC holders. It is impossible for a EAD holder or H1-Bs to join a Fed assignment. I know cases of my friends who have GC and still did not get security clearance from DHS. They moved out of the assignments and moved on in life and career.
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
Federal assignments are primarily meant for citizens and then in some cases for GC holders. It is impossible for a EAD holder or H1-Bs to join a Fed assignment. I know cases of my friends who have GC and still did not get security clearance from DHS. They moved out of the assignments and moved on in life and career.
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GCcomesoon
10-11 07:19 PM
Hi
My case was filed on June 4th , 2007 & till now I haven't got my FP notice & no update on the EAD application.I have called USCIS few times.They said sometimes it can take up to 6 months after 485 filing
Thanks
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07 approved
LUD in my case - 1131,485,765, - 7/11/07
EAD for spouse - approved
FP done for spouse
EAD, FP - ????????
LUD in spouse's case - I131-7/11/07, approved
My case was filed on June 4th , 2007 & till now I haven't got my FP notice & no update on the EAD application.I have called USCIS few times.They said sometimes it can take up to 6 months after 485 filing
Thanks
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07 approved
LUD in my case - 1131,485,765, - 7/11/07
EAD for spouse - approved
FP done for spouse
EAD, FP - ????????
LUD in spouse's case - I131-7/11/07, approved
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gcsatya
09-07 07:46 PM
Option 1 would be sufficient. I always select the option 1 for InfoPass in Boston.
McLuvin
04-16 03:38 PM
IV, you guys are doing it.....
I know for sure that Shusterman is one of the reputed Lawyer's... Its good to see people like him spending some time in this forum.
Also, if this is Mr.Shusterman himself participating in this forum or a member of his team participating. Can you throw some light into EB Immigration in the current CIR. What is that the EB folks can expect?
BR,
K
I know for sure that Shusterman is one of the reputed Lawyer's... Its good to see people like him spending some time in this forum.
Also, if this is Mr.Shusterman himself participating in this forum or a member of his team participating. Can you throw some light into EB Immigration in the current CIR. What is that the EB folks can expect?
BR,
K
aksaharan
09-24 03:46 PM
No More Visa Numbers Until October 1, 2010 - Department of State
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
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