priya82
02-17 09:06 PM
Thanks a lot snathan.
emploer A is still holding my H1b, they did not revoke it.
employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
H1b transfer.
The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.
please help me.
emploer A is still holding my H1b, they did not revoke it.
employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
H1b transfer.
The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.
please help me.
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saimrathi
07-27 01:12 PM
I filed I-140 + I-485 concurrently. Sent a check for I-140 seperately and one for I-485 (EAD + AP) for $745 for my wife and me. Check made out to USCIS. However consult ur lawyer ...
Instead of starting a new thread. I would appreciate if someone answers a few questions regarding Check details that we send out to USCIS.
Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.
Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.
Instead of starting a new thread. I would appreciate if someone answers a few questions regarding Check details that we send out to USCIS.
Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.
Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.
gc12292004
09-11 04:53 PM
Taken second FP on 09/03/2009 and waiting!!!
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needhelp!
03-14 04:25 PM
Infact I know one Texas member who has contributed a percentage of his tax return last year, and will be doing it again.
BTW.. please explain what is this $600 rebate? I already filed my taxes myself, and maybe I missed this.
BTW.. please explain what is this $600 rebate? I already filed my taxes myself, and maybe I missed this.
more...
Legal
07-26 12:32 PM
very good idea! We should fight..
This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.
If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D
This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.
If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D
WaldenPond
07-21 08:48 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
more...
Munna Bhai
12-17 09:51 AM
Hi
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
No one will deny the case. You will get NOID notice to deny and if you don't respond then it is denied. So you still have lot of time to respond.
Don't worry much, keep looking into your case history and if you suspect any RFE be prepared for it.
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
No one will deny the case. You will get NOID notice to deny and if you don't respond then it is denied. So you still have lot of time to respond.
Don't worry much, keep looking into your case history and if you suspect any RFE be prepared for it.
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Eberth
10-16 04:49 PM
tnx
i founded it on ps7
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i founded it on ps7
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more...
indyanguy
01-14 11:07 AM
This is the format of the letter I had submitted initially. Can someone tell me what is wrong in this?
----
To Whom It May Concern
I am writing this letter to confirm that XX was employed full time
(40 hours/week) with XX, located at XX from XX through XX as a Programmer/Analyst.
His job duties included developing web based software systems. In this
position, Mr. XX used the following technologies: ASP.NET/C#,
SQL/SQL Server, HTML, XML, JavaScript, CSS and Web Services.
If you have any questions, please do not hesitate to contact me.
Thanks,
XX
----
To Whom It May Concern
I am writing this letter to confirm that XX was employed full time
(40 hours/week) with XX, located at XX from XX through XX as a Programmer/Analyst.
His job duties included developing web based software systems. In this
position, Mr. XX used the following technologies: ASP.NET/C#,
SQL/SQL Server, HTML, XML, JavaScript, CSS and Web Services.
If you have any questions, please do not hesitate to contact me.
Thanks,
XX
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ganguteli
04-23 01:16 PM
I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?
I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?
I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.
more...
chanduv23
10-27 03:45 PM
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
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gdhiren
05-14 10:18 AM
Receipt Date: Feb 7, 2007
EB 2, Non-premium
Pending as of 05/14/2007
EB 2, Non-premium
Pending as of 05/14/2007
more...
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gcnotfiledyet
02-26 11:29 AM
http://hammondlawgroup.blogspot.com/
From this group it does not look like there is any rule followed by states as they follow CGFNS guidelines. It is just that USCIS has started using OOH for PTs. It looks like AILA will be filing something with USCIS.
My first question: you have been here for 5yrs on h1b then why did you not file green card under schedule A when it was current until Dec 2006? I am really surprised. You would have been on green card long time back. Actually I am even surprised that you did not go for masters even afer being here for 5years.
If there is any other way you can continue your presence in US then go for it. You just have to be patient for USCIS to start accepting what state boards accept while issuing licenses. If state boards do not mind foreign bachelors to practise PT then I don't understand why USCIS would care. I think its just another shot from USCIS to shoot immigrants out of this country.
Getting into masters of PT can't be that quick. Schools just don't accept students everyday. They have deadlines for every semester and there is so much paperwork including exams, evaluations, proof of funding etc etc. So do talk to lawyer for your options to stay here, talk to school on how to enroll in masters, if your spouse is on h1 then get onto h4 by filing cos. These are just my guesses. Again talk to lawyer for your options ASAP.
From this group it does not look like there is any rule followed by states as they follow CGFNS guidelines. It is just that USCIS has started using OOH for PTs. It looks like AILA will be filing something with USCIS.
My first question: you have been here for 5yrs on h1b then why did you not file green card under schedule A when it was current until Dec 2006? I am really surprised. You would have been on green card long time back. Actually I am even surprised that you did not go for masters even afer being here for 5years.
If there is any other way you can continue your presence in US then go for it. You just have to be patient for USCIS to start accepting what state boards accept while issuing licenses. If state boards do not mind foreign bachelors to practise PT then I don't understand why USCIS would care. I think its just another shot from USCIS to shoot immigrants out of this country.
Getting into masters of PT can't be that quick. Schools just don't accept students everyday. They have deadlines for every semester and there is so much paperwork including exams, evaluations, proof of funding etc etc. So do talk to lawyer for your options to stay here, talk to school on how to enroll in masters, if your spouse is on h1 then get onto h4 by filing cos. These are just my guesses. Again talk to lawyer for your options ASAP.
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vedicman
01-27 11:04 AM
Does anyone have a link to this bill/article? I don't see anything on the news yet.
According to Thomas.gov, the text of the bill is unavailable.
However, it has been read twice and referred to the Senate Judiciary committee.
Could this bill be the framework Reid was working on in 2010?
According to Thomas.gov, the text of the bill is unavailable.
However, it has been read twice and referred to the Senate Judiciary committee.
Could this bill be the framework Reid was working on in 2010?
more...
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kams
06-18 01:21 PM
My colleague was in similar situation. He went to Canada for H1 Visa stamping and while returning, the oficer at the border said I94 on the 797 is sufficient. Our lawer (Fragomen) adviced him to enter border crossing as last port of entry.
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Robert Kumar
01-03 10:46 AM
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
more...
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lord_labaku
09-16 10:59 PM
Infopass would not hurt.....so just take Infopass to ease ur mind. Explain to the IO ur exact situation & ask them to confirm if ur 485 is ok. u will have the answer from the horse's mouth/
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xlr8r
09-15 02:58 PM
This is bizarre stuff.
It says that NSC I-140 processing date for EB2 is March 13, 2008. Since when did they become so efficient to jump from July 6th, 2007 to March 2008? I guess they mistakenly typed 2008 instead of 2007?
Those lazy bums had better get ready for an onslaught of Service Requests. :)
It says that NSC I-140 processing date for EB2 is March 13, 2008. Since when did they become so efficient to jump from July 6th, 2007 to March 2008? I guess they mistakenly typed 2008 instead of 2007?
Those lazy bums had better get ready for an onslaught of Service Requests. :)
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mdmd10
09-14 07:58 PM
Just got approval emails for both me and my spouse.
Aah_GC
06-17 03:52 PM
What my Attorney (Prashanti Reddy - who does free sessions on IV) said
This is exactly right, if your I140 is revoked, you might as well get a NOID. So, make sure you keep all your GC-sponsored employer's releiving letter, paystubs for the post 180 days of I485 application. That is the only proof that you were employed legally with the GC-sponsoring employer for that 180 day period.
On the AC21 - technically even if you are unemployed and yet have a similar / same job waiting for you, you should still end up getting your GC. I would strongly recommend to make the best use of AC21 and progress in your career.
This is exactly right, if your I140 is revoked, you might as well get a NOID. So, make sure you keep all your GC-sponsored employer's releiving letter, paystubs for the post 180 days of I485 application. That is the only proof that you were employed legally with the GC-sponsoring employer for that 180 day period.
On the AC21 - technically even if you are unemployed and yet have a similar / same job waiting for you, you should still end up getting your GC. I would strongly recommend to make the best use of AC21 and progress in your career.
HumJumboHathuJumbo
10-31 11:02 AM
what address should i mail my I-131?. I did not file with my I485 application.there is a chicago address on form I131.should i mail it there?.
thanks
thanks
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