CSPAmom
08-13 02:17 PM
Hi all,
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
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itsmesabby
10-14 09:58 AM
Can you please share which counslate did you go for your first H1-B stamping ? & what questions were asked.
I would really appreciate it.
Thanks
I would really appreciate it.
Thanks
desi3933
06-16 04:53 PM
Do I need to provide any proof during the interview stating he is my step son? or the documents between the mother and the son will suffice?
Proof that he is biological son of your wife (birth certificate).
___________________
Not a legal advice.
Proof that he is biological son of your wife (birth certificate).
___________________
Not a legal advice.
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06-06 12:26 AM
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go_guy123
03-04 01:57 AM
To all the physician members of this forum....
Conrad 30 program is up for extension on march 6.
According to shusterman.com although the extension is gonna take place, they plan to make physicians exempt from employment based category as long as they work in medically underserved areas....
If this bill includes the physician clause that will be a lifesaver for a lot of people and also help in visa retrogression albeit little bit.
Hope it passes....any thoughts anyone?
Yes Conrad 30 will be extended. Whenever there is lobby behind something it will get passed. There are lot of congressmen from rural America where doctors don't like to serve. So Conrad 30 helps to get doctors there.
Conrad 30 issues is same like the Amtrak issue. Every year Amtrak runs a loss and congress huff and puff abut it but eventually pass the Amtrak budget payment.
Because Amtrak threatens to stop the unprofitable routes (typical rural areas)
and a lot of Congressmen panic and pass that.
Whether "physicians exempt from employment based category " that is a different case because there is very little incentive to get that done. Once doctors get green card they can leave the under served areas.
Conrad 30 program is up for extension on march 6.
According to shusterman.com although the extension is gonna take place, they plan to make physicians exempt from employment based category as long as they work in medically underserved areas....
If this bill includes the physician clause that will be a lifesaver for a lot of people and also help in visa retrogression albeit little bit.
Hope it passes....any thoughts anyone?
Yes Conrad 30 will be extended. Whenever there is lobby behind something it will get passed. There are lot of congressmen from rural America where doctors don't like to serve. So Conrad 30 helps to get doctors there.
Conrad 30 issues is same like the Amtrak issue. Every year Amtrak runs a loss and congress huff and puff abut it but eventually pass the Amtrak budget payment.
Because Amtrak threatens to stop the unprofitable routes (typical rural areas)
and a lot of Congressmen panic and pass that.
Whether "physicians exempt from employment based category " that is a different case because there is very little incentive to get that done. Once doctors get green card they can leave the under served areas.
Queen_of_Sheeba
05-07 01:24 AM
wow that was quick! I hope you're right that the Master's cap isn't related to the educational level of the job. On the other hand, I just talked to a friend who was sponsored by a big company that does heaps of h-1b's, and they got him to apply under the regular cap so it would be easier...
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NolaIndian32
07-24 11:39 AM
I agree - hiring your own attorney would be the best option if money is not an issue.
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rajsenthil
05-22 11:38 AM
I too got the soft lud's on May 21 for all of my 485. There is no change in the current status. Could that be FPs are sent or just a regular batch update? I don't know.
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sanagani
03-25 06:24 PM
I have moved to san jose using AC21 last year but still have the address of my aunt in los angeles as they own a house , so that i do not have to go thru address change hassle, it is okay or do i have to provide my address
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Immigration voice
06-08 04:24 PM
Any members in Iowa, please post here.
Hi, Everyone,
Any idea how long it takes to get 485 approved. I applied on EB1. My I-140 was approved in Jan07. Any idea about FBI check I mean Background check,Name check and other checks.....how much time it takes....
And in case if it stck where it could be and how to check the status of that stuck??????????????/
Can any one tell me how to check the status of my application or name chack with FBI.Where to call, whats the number and what to ask there etc etc....and other related questions
I'll appreciate your suggestions and reply.
Thanks,
IA
Hi, Everyone,
Any idea how long it takes to get 485 approved. I applied on EB1. My I-140 was approved in Jan07. Any idea about FBI check I mean Background check,Name check and other checks.....how much time it takes....
And in case if it stck where it could be and how to check the status of that stuck??????????????/
Can any one tell me how to check the status of my application or name chack with FBI.Where to call, whats the number and what to ask there etc etc....and other related questions
I'll appreciate your suggestions and reply.
Thanks,
IA
more...
h1bee
09-17 08:58 AM
My H1B was cancelled at the US consulate under 221g and I 797 not returned to me. I work for a consulting company at a major client. I guess the cancellation occurred because of Neufield memo, as in my case the client supervises my work. The reason given in the white letter to me says:
"your petitioner does not appear to be either willing or able to provide qualifying employment in the United States in accordance with appropriate laws and regulations"........"action on your case has been suspended and the I129 application will be returned to USCIS with the facts of your case presented at the time of interview".
What are my options now? I work through a vendor (i.e mycompany->vendor->client). My vendor has agreed to file for H1B on my behalf. Can they file for a new H1 or does this cancellation mean that I cannot apply anymore?
thanks
"your petitioner does not appear to be either willing or able to provide qualifying employment in the United States in accordance with appropriate laws and regulations"........"action on your case has been suspended and the I129 application will be returned to USCIS with the facts of your case presented at the time of interview".
What are my options now? I work through a vendor (i.e mycompany->vendor->client). My vendor has agreed to file for H1B on my behalf. Can they file for a new H1 or does this cancellation mean that I cannot apply anymore?
thanks
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roseball
01-27 04:28 PM
Immigration & Winning the Future | The White House (http://www.whitehouse.gov/blog/2011/01/27/immigration-winning-future)
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
Cases waiting for visa numbers are not considered as backlogged. USCIS only terms cases pending processing as backlogged cases.
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
Cases waiting for visa numbers are not considered as backlogged. USCIS only terms cases pending processing as backlogged cases.
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LONGGCQUE
02-03 07:11 PM
I filled the form yesterday and it was there. Did they change it today ? Do we need to re-fill it ?
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nuke
08-22 10:02 AM
USCIS has been saying that they control the flow of visa numbers because they are expecting huge rush of 245i cases. But is there any law or clause which says that they have to work in sync with DOL. I think what the law says is that they should approve the received cases accroding to priority dates and don't have to collaborate with any other department or agency. What makes USCIS so sure that all the cases at DOL will be certified and eventually come to 485 stage. If they are so sure that all of these cases will be certified then why do we even need labour certification process. I think we should lobby the USCIS to release a quarter of yearly quota every 3 months and concentrate on already filed cases and not on whats expected.
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
more...
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loudoggs
08-10 12:07 PM
If company B is sponsoring your GC, they have to prove that the salary they will offer you after getting your GC, is equal or above the prevailing wage. As long as they are able to do that you should be okay. You just have to go and work for Company B once you get your GC.
I don't think it matters what you are making right now. This is my understanding.
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
I don't think it matters what you are making right now. This is my understanding.
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
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tabletpc
07-30 01:23 PM
Get the DOL report before u take up the job. DOL will give the estimation for salary....!!!Use it and ask u r company attorney to file for the H1b now its self mentioning the start date as future date (when u r opt expires). Since u work for local government ...governments jobs don't come under H1b quota...so u can apply NOW.
if the DOL report comes out favorable...start the job and can look out for a better opportunity. Trust me u will find one when u have a back up job.
Good luck
if the DOL report comes out favorable...start the job and can look out for a better opportunity. Trust me u will find one when u have a back up job.
Good luck
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ruchigup
08-18 11:02 PM
This information is helpful. Thanks
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smartboy75
11-01 06:26 PM
sab..
Since your I-140 is already approved, you will get a 3 year extension....
Since your I-140 is already approved, you will get a 3 year extension....
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pappu
09-26 11:13 AM
I know one....email me if interested.
Lopezc75 I checked and it seems you are a law firm on this forum. We do not allow people to advertise on this site. Thanks.
Lopezc75 I checked and it seems you are a law firm on this forum. We do not allow people to advertise on this site. Thanks.
gcisadawg
03-24 11:02 PM
I've heard about AC21. What is AC360 - some new USCIS provision ?
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yestogc
04-07 06:53 PM
Please fill in your profile completely
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