Wednesday, June 8, 2011

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  • darsh678
    12-28 10:36 AM
    Hey
    I am also in a sort of similar situation...
    neways you can ofcourse go back to school but what I think is it should be in USA. As your AP can't be valid for such a long time of year. just like GC where you have to be back in a year. I would suggest that go for further education and update your career but try doing it in USA, I am sure you can get something better in here too...
    Best Luck...





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  • reno_john
    06-16 02:02 AM
    If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.

    I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.

    Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!


    Any F1 visa spouse can apply for I-485 the only legal cause is that at the time of filing spouse status should be legal, found from my attorney.
    As per my knowledge when I was a student, the internation center updates the Sevis database and also writes on the I-20 that the student is accepting OPT and so a EAD needs to be issued. And on the EAD it will mention that the EAD is for OPT, so EAD for I485 is differect from EAD for OPT.





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  • texcan
    09-14 05:22 PM
    hi there,

    How about giving others some perpective about case timeline etc, so that they can answer question better.

    Please update your signature with case details.

    Just a suggestion, dont be offended.





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  • dtekkedil
    07-02 11:52 PM
    The Honorable Emilio T. Gonzalez
    Director U.S. Citizenship and Immigration Service


    20 Massachusetts Avenue, NW
    Washington, D.C. 20529



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  • cjain
    08-10 03:45 PM
    from AILA

    http://www.aila.org/content/fileviewer.aspx?docid=23079&linkid=164409





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  • Jaime
    02-02 05:35 PM
    No way this amnesty would pass. This will end up in the ash heap of unpassed bills.

    Yes but there is a section that says that you have to prove that you are admissible as an immigrant (I would like to think that means that you are not an illegal alien!) read here:

    `(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph

    But who knows!

    Anyway, it's positive that at least there is some "buzz" in the air

    I hope that Janet Napolitano and team will want to show quick fixes in order to differentiate themselves from the terrible Bush administration. Fixing legal immigration is relatively low-hanging fruit and way less controversial than Illegal imm. Thoughts? I am full of hope



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  • vdlrao
    06-01 09:26 PM
    labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.

    really good information.





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  • santb1975
    12-24 01:13 PM
    I will post this on the So.Cal state chapter



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  • GotFreedom?
    07-23 05:28 PM
    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.





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  • cleopatra
    02-17 08:36 AM
    Story 2

    Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.

    "You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.

    I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.

    After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.

    There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.

    At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.

    But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.

    But then I realized, this green card was very dear to me and I had waited patiently to get it. If I do not work towards something that I wanted, who would?

    So I participated completely and did as much as I could to help myself. Our group suceeded and I got my green card. I could continue living the life and dream I wanted.

    When I think back about what went right, I realize now that the reason is I saw the opportunity that presented itself to me - To join others and work together to resolve my problems and grabbed the opportunity and utilized it to my benefit.

    Thinking back, it was actually a no brainer. Once I realized that if I did not do something, nothing was going to change, I started participating. I guess others also thought of it the same way.

    So there was a big crowd in the capital and we explained our problems. It was a sizable number of people explaining the problems. Others who could not make it to the capital contributed in other ways for the event.

    So our problems were recognized and addressed. I got my greencard and later citizenship of this great country. Remember, it was not an easy journey, but once I decided to participate and resolve the problems, it became easy.

    It was a pain to wait for my green card. But once I started participating and working towards the solution and I guess others must have also thought similarly, I was able to get what I wanted.

    So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."

    Which of the above stories do you want to be in?

    Be active. Participate.



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  • dbevis
    April 16th, 2004, 05:37 PM
    The first one looks like some kind of space ship cruising through space gas.





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  • GKBest
    10-24 04:45 PM
    It said in the online instructions to call them if you didn't receive the cards within 30 days.



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  • uma001
    05-04 10:01 AM
    Even i got a letter. I dont remember her/his name. I thought everybody will get this letter.
    Let me know if others got it.

    I sent an email letter ( format and content from AILA (guess)) to him/her

    I will let you know the details of the letter later





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  • arunmohan
    11-16 12:35 PM
    bump



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  • GCwaitforever
    01-24 11:27 AM
    Filing for I-485 is better as after six months, the employers can not do much. Disagree with this post altogether.





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  • bkarnik
    09-06 05:01 PM
    I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.



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  • amoljak
    05-03 07:32 AM
    If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.

    You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.

    To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)

    So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.

    So pray that congress does not fix the retrogression problem until you get your three year extension :)





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  • permgc
    12-06 10:20 AM
    Guys, I filed my I-131 online and I got receipt number LINxxx for Nebraska service center even though I reside and work in NorthEast region for which service center is Texas. My 485 application is pending at Nebraska center, so that might be the reason I got a receipt number for Nebraska center. On the confirmation reciept Nebraska center's address is listed for sending required documents.
    I am not sure if I need to send the documents to Nebraska or Texas (as my residence falls under this center).

    Could some knowledgable member throw some light on this?

    Also, address is P.O.Box address, so can I use FedEx to send my documents or do I need to use USPS.

    Reply would be greatly appreciated.





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  • kaisersose
    12-07 12:19 PM
    Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)

    I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?

    I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?

    As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question

    I have my EAD for a rainy day.

    In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.

    The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.

    Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.





    coloniel60
    06-29 03:29 PM
    You will find very few insurnce companies willing to provide coverage for a pregnant lady and even if they cover it they won't cover much. You will still end up paying most of it.

    Your best bet is to convince your employer to add your spouse to your insurance and pay him the insurance amount. Most employer sponsored health plans allow dependents. Talk with your HR or call the insurance company directly and ask them if you can add dependents to your insurance. Don't mention that your wife is pregnant.

    If you are able to add your wife to your insurance then they can't deny benifits for pregnancy as pre-existing. Pregnancy is not a pre-existing condition. They will have to cover it. So the best and cheapest for you is to somehow get her added to your empler sponsored insurance.





    ita
    01-15 05:05 PM
    If you start using EAD invoking AC21(though there is about 1 year time left on H1) and later find a better job/company that will do H1 then will we have to do H1 transfer or will it be applying for new H1 altogether again?

    Will it be possible to transfer or recapture H1 time considering the following two scenarios

    Employer doesn't revoke H1
    Employer revokes H1.

    Appreciate advice on this.

    Thank you.



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