Nw2GC
04-30 12:16 PM
I was wondering if they have restarted premium processing for I-140 yet?
waitin_toolong
10-01 02:31 PM
there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.
eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.
but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.
For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.
You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.
eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.
but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.
For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.
You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.
aruny5
10-26 02:25 PM
Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
lazycis
01-15 12:16 PM
Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).
Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..
Thanks!!
Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.
Here is the link to access the regulation in question
http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve
Look at page 132.
Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..
Thanks!!
Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.
Here is the link to access the regulation in question
http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve
Look at page 132.
more...
i99
08-30 06:25 PM
Sayanora,
Thanks, I will let know if I get anything better.
:)
Thanks, I will let know if I get anything better.
:)
JunRN
07-18 08:11 AM
So it means I can apply in August as I am qualified to apply in July. How about my PD? Will it be August since I applied in August? For schedule A, the PD is the I-140 receipt date.
more...
loveiv
07-08 03:14 PM
Hi All,
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
Congratulations.
One thing I did not understand is 'Urgent Please' in your thread heading.
I don't see any urgency here, unless you added to draw everybody's attention.
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
Congratulations.
One thing I did not understand is 'Urgent Please' in your thread heading.
I don't see any urgency here, unless you added to draw everybody's attention.
gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
more...
anilsal
10-10 02:00 PM
You got your GC.
tigerk
10-02 09:57 AM
Yes you can apply, but you need to have a Co-signee who is either a US citizen or Permanent resident
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indyanguy
02-02 09:03 PM
Bumping for help..
sunderbans
04-07 09:31 PM
thanks for your reply.
my wife H4 was denied since it was applied after 2 months of I 94 expiration (july 1,2010)but we also sent the I 94 correction based on my H1B notice untill March 10,2011 since there was mistake at POE in jan 2010. On March 18 we received I 94 correction until March 10,2011. Hence now actual out of status is from march 10,2011. So we decided for her to go to India for stamping. But we also filed for MTR still my attorney adviced us to go to India for stamping since we don't want to cross the 180 day period.
my wife H4 was denied since it was applied after 2 months of I 94 expiration (july 1,2010)but we also sent the I 94 correction based on my H1B notice untill March 10,2011 since there was mistake at POE in jan 2010. On March 18 we received I 94 correction until March 10,2011. Hence now actual out of status is from march 10,2011. So we decided for her to go to India for stamping. But we also filed for MTR still my attorney adviced us to go to India for stamping since we don't want to cross the 180 day period.
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karun99
07-24 11:03 PM
I am also on the same boat. Can anyone please post the links to get all application forms for filing I485/EAD/AP . Thanks in advance.
Karun
Contributed $100
Karun
Contributed $100
tpcool
05-31 06:50 PM
vxb2004, thanks for the response and the wishes.
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
more...
waitnwatch
07-06 11:02 AM
I would send in a notorized affidavit from the parents stating that the right name is so and so and that the regitered name in birth certificate was in-correct. you can send in some more supporting docusmnrts like , school / collge graduation cdertificates...wonder why u have the wrong name in marrigae certifcate,,,birth certificates I understand, but why is it wrong in marriage certificate?
Here is what happened - The actual name contains "ee" instead of "i" and is represented in the birth/marriage certificate. On the other hand the university where my wife studied moved to computerized certificates during her college years and change all "ee"'s to "i". So when she applied for her passport she put "i" in the application as the graduation certificate is the most important document for ECNR and that contained an "i". She may have put in a sworn statement stating that *ee*** and *i*** are one and the same person and got it attested by witnesses but I don't remember clearly because that was 14 years ago.
Any help please.............
Here is what happened - The actual name contains "ee" instead of "i" and is represented in the birth/marriage certificate. On the other hand the university where my wife studied moved to computerized certificates during her college years and change all "ee"'s to "i". So when she applied for her passport she put "i" in the application as the graduation certificate is the most important document for ECNR and that contained an "i". She may have put in a sworn statement stating that *ee*** and *i*** are one and the same person and got it attested by witnesses but I don't remember clearly because that was 14 years ago.
Any help please.............
logiclife
11-28 10:26 AM
Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.
What can we expect next?
Dates would move forward depending on the increase in numbers.
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.
What will happen to the �Rest of the World� category? When do you think they can expect results?
Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP
What can we expect next?
Dates would move forward depending on the increase in numbers.
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.
What will happen to the �Rest of the World� category? When do you think they can expect results?
Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP
more...
2008FebEb2
09-15 12:35 PM
There is already one for EB3 ...
http://immigrationvoice.org/forum/showthread.php?t=20798&highlight=poll
That list for EB3 looks like a Mammoth compared to Eb-2. :D
http://immigrationvoice.org/forum/showthread.php?t=20798&highlight=poll
That list for EB3 looks like a Mammoth compared to Eb-2. :D
bluekayal
04-24 01:48 PM
Your posts were always the calm within the storm. Take care and God bless you.
sircaustic
07-24 09:15 AM
???
kanvenk
12-04 12:56 PM
I'm from Dallas, TX.
papajon
06-18 02:23 PM
Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?
The lawyer said H1 can be extended while the appeal is still pending.
The lawyer said H1 can be extended while the appeal is still pending.