pappu
07-24 09:50 PM
Please consider signing up for monthly recurring contributions. It will be a big help to IV and we can plan our lobbying efforts in the coming months ahead of time.
It seems people will wake up only after they are stuck in the 485 and EAD backlogs and ask IV to do something for them. It will be too late by then. The more we get closer to the presidential election, the lesser chances we have to get any relief. Hope all members realize this truth.
It seems people will wake up only after they are stuck in the 485 and EAD backlogs and ask IV to do something for them. It will be too late by then. The more we get closer to the presidential election, the lesser chances we have to get any relief. Hope all members realize this truth.
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PD_Dec2002
08-27 04:53 PM
I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?
this is very important.
Depends on who the primary applicant is.
Thanks,
Jayant
this is very important.
Depends on who the primary applicant is.
Thanks,
Jayant
coolgc
05-08 02:54 PM
Thank you, Ms. Reddy for your prompt reply.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
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immilaw
09-14 12:44 PM
Normally the consulate in Canada or Mexico will only entertain an application if the person graduated from a school in the US. The reason being that they can verify the genuineness of the education which is not possible in a situation where the person went to a school in a different country. But if you are already in the US in H-1B status and have a H-1B visa in the passport then you have a better chance of getting a visa.
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sbmallik
09-10 10:00 AM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
americandesi
09-06 02:38 PM
1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days
2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.
3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.
4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.
5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)
6) Issuing RFE for EAD biometrics even after completing biometrics.
7) Issuing RFE for EAD biometrics without issuing biometrics notice.
8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.
9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.
10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.
11) CSR’s providing conflicting answers to the same question.
12) Backward movement of processing times instead of forward movement.
13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.
14) Not sending the EAD physical cards on time even after the change in online status to CPO.
15) IO’s at POE interpreting the usage of AP in different ways.
16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.
17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.
18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.
19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.
20) Last but not the least, wasted visa numbers and growing backlog with increased fees.
Sounds like our desi babus are better than these potato heads. God Bless America.
2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.
3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.
4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.
5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)
6) Issuing RFE for EAD biometrics even after completing biometrics.
7) Issuing RFE for EAD biometrics without issuing biometrics notice.
8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.
9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.
10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.
11) CSR’s providing conflicting answers to the same question.
12) Backward movement of processing times instead of forward movement.
13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.
14) Not sending the EAD physical cards on time even after the change in online status to CPO.
15) IO’s at POE interpreting the usage of AP in different ways.
16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.
17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.
18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.
19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.
20) Last but not the least, wasted visa numbers and growing backlog with increased fees.
Sounds like our desi babus are better than these potato heads. God Bless America.
more...
kanyewest
04-22 11:39 AM
You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
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bestia
01-27 02:15 PM
These are minor things, although annoying, but I wouldn't worry about them. I guess it's just your GC interview. The good thing is that they are processing your case. I would suggest taking your lawyer with you. When is your interview? Just curious what is the time frame. Good luck.
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seahawks
10-29 12:22 PM
Follow the instructions that they provided to you and to the P.O box provided by them. Your attorney should have the information on how to go about this. Also provide a small write up with the refiling stating that refiling due to missing signature and put include receipt reference number and details. I think you should be okay.
Again I am not an attorney but please make photocopies of all correspondence before you send it again.
Again I am not an attorney but please make photocopies of all correspondence before you send it again.
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kshitijnt
05-05 12:38 AM
This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.
CHECK OUT BASED ON YOUR STATUS.
Thanks
Rangan
This is not true. If you have AP, no problem. My wife was traveling in Dec-08 with no visa stamp in passport. No body checked for it, either in US or germany and no one asked for any transit visa or even AP.
CHECK OUT BASED ON YOUR STATUS.
Thanks
Rangan
This is not true. If you have AP, no problem. My wife was traveling in Dec-08 with no visa stamp in passport. No body checked for it, either in US or germany and no one asked for any transit visa or even AP.
more...
AB1275
09-25 03:48 PM
Thanks for your response.....
What happens if I-140 gets revoked?
The market situation isnt that great....What if I am unable to get a job prior to I-140 being revoked?
Will my EAD be valid?
What happens if I-140 gets revoked?
The market situation isnt that great....What if I am unable to get a job prior to I-140 being revoked?
Will my EAD be valid?
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bbct
02-17 04:57 PM
Mine was suppose to expire on 01/24/2009 and still haven't received a new fingerprint notice. This I learned through the senate's office. In fact, the 2nd EAD renewal got approved in 25 days without any fingerprints. So, I don't know what is happening. I took an Infopass appointment to inquire about this, but the officer just responded saying they would get back if needed.
Hi.
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
Hi.
Most of us who filed during jul/aug 2007 got our FPs done later that year.
Aren't those FPs valid for only 15 months or so?
So have folks started receiving their second FP notice yet?
Thanks.
va_dude
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desi3933
06-12 04:51 PM
.......
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
.....
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
.....
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
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AGC4ME
02-12 10:06 AM
I140 porting is based on an approved I140 from a previous labor and hence is different from labor substitution. Therefore theoretically that labor was not allowed to expire even after the rule comes in to effect. Having said that I would rather pose this question to a lawyer.
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logiclife
12-03 11:31 AM
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
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Lasantha
04-01 08:22 PM
I don't see any advantage in doing that but then I am not an expert or an attorney either.
Thanks,
Ok, let me put it this way.
Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.
So in this scenario, is the any difference vs. filing concurrently or not?
Thanks,
Ok, let me put it this way.
Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.
So in this scenario, is the any difference vs. filing concurrently or not?
more...
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freddawilia
05-15 01:55 PM
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uma001
11-16 04:57 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
Is your green card filed under EB2 or EB3?
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
Is your green card filed under EB2 or EB3?
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Tommy_S
04-08 03:02 PM
Yup, the text "suffers".
nlssubbu
12-09 03:01 PM
There is no clear indication from USCIS regarding how long you have to stay to prove your intent. Some say even the very next day you can move on to a different company, some would like to be cautious and would like to wait for 6+ months before moving to another company.
If the company is not willing to pay you when you are on 'bench' then get the information in writing for future and move on. If you do not want to raise a red flag during citizenship application, this will help you at that time.
Thanks
If the company is not willing to pay you when you are on 'bench' then get the information in writing for future and move on. If you do not want to raise a red flag during citizenship application, this will help you at that time.
Thanks
Anders �stberg
January 6th, 2004, 09:32 AM
I took some photos today in poor light (please, sun...) and had to use ISO 800 to get decent shutter speeds. However, I find this isn't really useful with small birds as the noise basically covers a lot of detail. I find it difficult to on the one hand remove enough noise from the background so sharpening doesn't amplify it too much, and on the other hand leave enough noise so the feather details don't get smoothed out. So, what I did was use the magnetic lasso tool to select the bird (and inversely everything else), and used more Neat Image on the background than on the bird. I wonder if this couldn't be a trick to save some borderline images.
I'd appreciate if you'd critique these two images: do they look very unnatural to you? It does give almost a 3D effect, but I think I may have gone too far on the backgrounds.
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/Talgoxe.jpg
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/KoltrastHona.jpg
I'd appreciate if you'd critique these two images: do they look very unnatural to you? It does give almost a 3D effect, but I think I may have gone too far on the backgrounds.
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/Talgoxe.jpg
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/KoltrastHona.jpg
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