iv_only_hope
08-15 12:01 PM
Thanks a lot for reply. I just want to make sure she can go to canada, cause she has a bachelors degree from India. Forgetting the security checks, I was reading that for such ppl they say go back to home country for stamping. Mostly ppl with us degrees are fine. WOuld she be safe cause she had one h1 stamped in india few years back?
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Ramba
01-11 07:23 PM
Clearly Explaining
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
funny
09-30 05:57 PM
Here it is -
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
So this new system will be in place on oct 29th 2008.. Lets hope that USCIS has been wrong all along in providing correct information to DHS.:D
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
So this new system will be in place on oct 29th 2008.. Lets hope that USCIS has been wrong all along in providing correct information to DHS.:D
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ArunAntonio
08-21 08:07 PM
Cant make it to the DC rally?
Sponsor someone else to represent you.
Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441
Sponsor someone else to represent you.
Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441
more...
cdeneo
09-21 06:32 PM
I got my answer, the very next question talks about I-140 withdrawl and its impact on the AOS application if job changed using portabiliity within 180 days of filing.
saibaba
12-09 10:50 PM
thanq hankles
more...
walking_dude
11-21 02:26 PM
Hope he finds a job soon. It's sad to see bad things happening to good people.
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
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sc3
09-25 02:10 PM
Usually when a lawyer gets blacklisted, there's lots of chaos. The lawyer's new reputation spreads like wildfire and there's a lot of staff changed. A lot of clients fall out.
In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.
All of them told me the same story. Too many miracles, case got investigated, blacklisted.
Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.
Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.
In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.
All of them told me the same story. Too many miracles, case got investigated, blacklisted.
Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.
Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.
more...
EADplease
08-28 03:27 PM
My I140 is transfered to TSC and so my attorney sent I-485/ I-765/ I-131 to TX... I was actually worried if this is okay -- I thought all I-485 no matter what have to be sent to NSC...
My attorney gave me FedEx tracking number and it shows it's delivered to Garland, TX and signed by B. Thomas. Is anybody familiar with this name? I thought TSC is in Msquite, TX and I am worried if my application has been sent to a wrong address... I sent all of my application in July 24th...
Thanks for any comments!
If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:
huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..
Thanks for your answers. Really appreciated :)
My attorney gave me FedEx tracking number and it shows it's delivered to Garland, TX and signed by B. Thomas. Is anybody familiar with this name? I thought TSC is in Msquite, TX and I am worried if my application has been sent to a wrong address... I sent all of my application in July 24th...
Thanks for any comments!
If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:
huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..
Thanks for your answers. Really appreciated :)
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sparklinks
04-09 03:59 PM
Hello,
This is my status.
I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.
Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.
I would like to send AC21 job change info to USCIS my self.
Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.
And also advice if anyone used new attorney only for AC21.
Thanks.
One quick question, does perm labor approval copy will have any job details/code on it or just approval notice ?
This is my status.
I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.
Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.
I would like to send AC21 job change info to USCIS my self.
Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.
And also advice if anyone used new attorney only for AC21.
Thanks.
One quick question, does perm labor approval copy will have any job details/code on it or just approval notice ?
more...
sodh
07-18 06:36 PM
greencardvow you rock.
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coopheal
01-01 01:46 PM
dude couple reasons listed above, other reasons from the various posts on this topic.
1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
3) Lot of people have switched to EB2 from EB3
4) The formal retrogression phenomenon started around 2003.
Things which can fix this situation are:
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
3) Lot of people have switched to EB2 from EB3
4) The formal retrogression phenomenon started around 2003.
Things which can fix this situation are:
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
more...
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gcdreamer05
12-02 10:31 AM
Mine is pending in CSC since April 2008. My husband's extension was applied in July, and it came through in September. But mine is delayed like crazy. Processing date last month was June 16 or something. We have filed SR on Oct 28, but there hasnt been any updates until now.
Bottom line, USCIS=random!
Could you please share how you filed SR, my h1 extn is pending for 92 days.
Bottom line, USCIS=random!
Could you please share how you filed SR, my h1 extn is pending for 92 days.
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lecter
February 27th, 2004, 06:20 AM
I think 5 a week from us all is a grand amount.....
I am doing ten.....(sete an easy target for my self)
:)
I am doing ten.....(sete an easy target for my self)
:)
more...
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sankar_203
09-25 02:40 PM
In my case, H1B already expired. I have used it for 7 years. Now I am on EAD after 7 years of H1B.
In that case you are going to file H1-B based on your 140 approval..Since you are in 7th year..you may get 2 years of H1-B.. it would be good back up for your 485..you know these days employers are doing crazy things and USCIS is making mistakes and i have also noticed your PD , may 2007 so we have a long way to go on this ship..
In that case you are going to file H1-B based on your 140 approval..Since you are in 7th year..you may get 2 years of H1-B.. it would be good back up for your 485..you know these days employers are doing crazy things and USCIS is making mistakes and i have also noticed your PD , may 2007 so we have a long way to go on this ship..
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martinvisalaw
09-23 03:34 PM
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
more...
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freddy22
04-25 02:34 PM
Then why you live here...pack your bags you Big A Hole.
I live here b4ecause of the country not the PEOPLE who are all mainly A HOLETTES like you
I live here b4ecause of the country not the PEOPLE who are all mainly A HOLETTES like you
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sonu9
07-28 05:59 PM
:mad:Hello Attorneys/ known guys,
How are you doing ? i am new to here. i will fill all details soon. sorry for that.
Before i stayed in place "X " which comes under nebrasaka centre, applied for 485, ead and ap. my company also in " X " only.
Right now i am in place " Y " which comes under Texas centre ( because of my job i moved recently) . Now i want to renew my ead and ap my self . my job, payroll and living is in place " Y " only.
But my pemanent address is " X " only. I want to continue that for my full GC process.
what my question is what i have to mention the address for my ead and ap renewal ?
1) is it "X " address as it is my permanent address and applied my 485 also from there and wish to continue or my "Y " address as i am working , living and payroll are here ?
2) If i mention " X " address is there any problem ? , dont think wrongly as i really dont know
3) if i put " Y " address is my case ead and ap along with 485 will move to Texas centre ?
i really want to avoid it if chances are there in good way as my case before everything in Nebrasca centre compared to Texas centre procesing time is good
4) If i put " Y " address i will get any RFE ?
I really dont want that as my 485 was applied from " X " place.
please answer . Thankyou in advance.
How are you doing ? i am new to here. i will fill all details soon. sorry for that.
Before i stayed in place "X " which comes under nebrasaka centre, applied for 485, ead and ap. my company also in " X " only.
Right now i am in place " Y " which comes under Texas centre ( because of my job i moved recently) . Now i want to renew my ead and ap my self . my job, payroll and living is in place " Y " only.
But my pemanent address is " X " only. I want to continue that for my full GC process.
what my question is what i have to mention the address for my ead and ap renewal ?
1) is it "X " address as it is my permanent address and applied my 485 also from there and wish to continue or my "Y " address as i am working , living and payroll are here ?
2) If i mention " X " address is there any problem ? , dont think wrongly as i really dont know
3) if i put " Y " address is my case ead and ap along with 485 will move to Texas centre ?
i really want to avoid it if chances are there in good way as my case before everything in Nebrasca centre compared to Texas centre procesing time is good
4) If i put " Y " address i will get any RFE ?
I really dont want that as my 485 was applied from " X " place.
please answer . Thankyou in advance.
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horscorp
02-06 01:21 PM
Hi Ann,
Thanks for the response. I am very glad to know that H1 can be transferred to new company with existing perm application. If the transfer takes place, we will be aiming to apply for a new Perm from the new company asap or before 30-Sep-2010.
Can you please confirm applying for new Perm with new company before Sep 2010 will be enough to request extension beyond Sep 2011?
thanks again!
horscorp
Hi Horscorp,
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann
Thanks for the response. I am very glad to know that H1 can be transferred to new company with existing perm application. If the transfer takes place, we will be aiming to apply for a new Perm from the new company asap or before 30-Sep-2010.
Can you please confirm applying for new Perm with new company before Sep 2010 will be enough to request extension beyond Sep 2011?
thanks again!
horscorp
Hi Horscorp,
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann
ArkBird
06-24 03:02 AM
No. as per my lawyer it became unavailable in the middle of the month.
jack_b_uta
06-21 09:37 AM
IV core members have been in media MANY times.
Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.
None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.
We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?
I would be happy to speak up but just an FYI, we donot have any constitutional rights. We are second class citizens at the best, and slaves in a different form at worst.And that is not ranting of someone who has been in line for half a decade. Here's the proof.
I love skeet shooting but the law prevents me (or anyone who is on a "nonimmigrant" visa) from buying a gun. Thats second amendment rights that were awarded to everyone living in the USA.
JACK
Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.
None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.
We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?
I would be happy to speak up but just an FYI, we donot have any constitutional rights. We are second class citizens at the best, and slaves in a different form at worst.And that is not ranting of someone who has been in line for half a decade. Here's the proof.
I love skeet shooting but the law prevents me (or anyone who is on a "nonimmigrant" visa) from buying a gun. Thats second amendment rights that were awarded to everyone living in the USA.
JACK
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