gc_aspirant_prasad
07-18 10:44 AM
My attorney has indicated that we wont have to refile. They had sent it to NSC around July 3.
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kumar1
09-22 02:35 PM
just kidding man.
what do you base this on
what do you base this on
sanjay02
01-22 04:40 PM
Have you used AC21?
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
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bigboy007
04-18 03:50 AM
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
more...
forgerator
02-24 12:35 PM
Truly amazing performance! For 13 yrs us Pakistanis were proud of Saeed Anwar's 194 record, but I have to say I don't mind at all that its finally broken by a class act that is Tendulkar. Definitely the best batsman of all time!
amit1234
08-27 08:19 AM
Hi,
can any lawers give me reply?
Thanks in advance
can any lawers give me reply?
Thanks in advance
more...
calboy78
08-10 01:38 AM
It needs action - not talk.
The system created by DoS and USCIS is highly unfavorable for EB3 people.
DoS is not giving enough visa numbers to EB3 - the category is "U" for now.
USCIS is very lame in processing 140 of EB3.
Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3. In fact most EB3 people in queue today are like this...on top of that, DoS/USCIS has lumped lot of different kind of workers in EB3 - who should be in different category (probably EB4). Overall, very unfair situation for EB3 people.
We all (no matter whether EB1/EB2/EB3) need to support IV to get unused visa numbers recaptured. This will help all EB categories. Without visa recapturing EB3 especially is doomed.
The system created by DoS and USCIS is highly unfavorable for EB3 people.
DoS is not giving enough visa numbers to EB3 - the category is "U" for now.
USCIS is very lame in processing 140 of EB3.
Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3. In fact most EB3 people in queue today are like this...on top of that, DoS/USCIS has lumped lot of different kind of workers in EB3 - who should be in different category (probably EB4). Overall, very unfair situation for EB3 people.
We all (no matter whether EB1/EB2/EB3) need to support IV to get unused visa numbers recaptured. This will help all EB categories. Without visa recapturing EB3 especially is doomed.
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ujjvalkoul
01-30 06:02 PM
How does this effect anyone applying for DL..
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
Here is a response to a comments by DHS..Looks like for most of us whose i94 will be expired but have filed an application like 485 whic is pending..hence the lawful end date of stay is indeterminate - the license will be 1 year only...bummer
------------------------------------------------------------------------
Comment: Numerous States expressed concern that the current
processing time involved in USCIS review of applications for various
immigration statuses impacted by REAL ID will result in a large number
of applicants who wish to renew their licenses but their applications
to extend their status has not been acted on by USCIS within the year.
Two States suggested that States issue interim documents that would be
valid for very short periods until an applicant receives his or her
permanent document demonstrating lawful status. Another commenter
suggested that such an interim card be based on the applicant's visa
until authorization is received and verified through SAVE, which should
be programmed to contact the querying State when there is an updated
applicant status. One commenter recommended that the rule allow States
to use a license expiration date 90 days beyond the expiration date of
the immigration document to allow for USCIS processing of applications
to extend lawful status. Commenters said that individuals in certain
statuses will not be able to comply with the requirement to present
documentation showing extended lawful status upon renewal because in
most cases, their statuses will not have been extended but merely
continued.
Response: Again, State DMVs will use the SAVE system, and not
particular documentation, to determine that the license applicant is in
lawful status. An application that is properly filed with USCIS
entitles the person to remain in lawful status beyond the period listed
on the person's Form I-94 or other immigration document, that
information is reflected in the SAVE system. Thus, aliens in these
situations would be able to obtain REAL ID-compliant licenses and
States would not have to add any additional processes with USCIS.
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
Here is a response to a comments by DHS..Looks like for most of us whose i94 will be expired but have filed an application like 485 whic is pending..hence the lawful end date of stay is indeterminate - the license will be 1 year only...bummer
------------------------------------------------------------------------
Comment: Numerous States expressed concern that the current
processing time involved in USCIS review of applications for various
immigration statuses impacted by REAL ID will result in a large number
of applicants who wish to renew their licenses but their applications
to extend their status has not been acted on by USCIS within the year.
Two States suggested that States issue interim documents that would be
valid for very short periods until an applicant receives his or her
permanent document demonstrating lawful status. Another commenter
suggested that such an interim card be based on the applicant's visa
until authorization is received and verified through SAVE, which should
be programmed to contact the querying State when there is an updated
applicant status. One commenter recommended that the rule allow States
to use a license expiration date 90 days beyond the expiration date of
the immigration document to allow for USCIS processing of applications
to extend lawful status. Commenters said that individuals in certain
statuses will not be able to comply with the requirement to present
documentation showing extended lawful status upon renewal because in
most cases, their statuses will not have been extended but merely
continued.
Response: Again, State DMVs will use the SAVE system, and not
particular documentation, to determine that the license applicant is in
lawful status. An application that is properly filed with USCIS
entitles the person to remain in lawful status beyond the period listed
on the person's Form I-94 or other immigration document, that
information is reflected in the SAVE system. Thus, aliens in these
situations would be able to obtain REAL ID-compliant licenses and
States would not have to add any additional processes with USCIS.
more...
ajay
12-23 08:34 PM
I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.
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fromnaija
02-12 10:51 AM
Hi,
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
This depends on the service center treating your case. Mine took less than three months at Texas Service Center.
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
This depends on the service center treating your case. Mine took less than three months at Texas Service Center.
more...
coolmanasip
08-16 02:26 PM
Hello everyone -
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
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sbdol
07-20 10:47 AM
sbdol:
IV core has thought about this specific proposal before and it is already on our radar. Thanks for suggesting though.
Thanks indio0617.
As I said I was sure the idea is not new simply beause it is too obvious.
Did you try to persuade members of Congress/Senate to submit such proposal ?
IV core has thought about this specific proposal before and it is already on our radar. Thanks for suggesting though.
Thanks indio0617.
As I said I was sure the idea is not new simply beause it is too obvious.
Did you try to persuade members of Congress/Senate to submit such proposal ?
more...
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addsf345
12-30 03:01 PM
I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
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ddeka
12-31 10:06 AM
My attorney applied for me. I am not sure what needs to be done if you want to apply yourself. AP will be valid for 1 yr and requires renewal every yr.
Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?
Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?
more...
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syedajmal
08-14 03:03 PM
I e-filed both my EAD and AP. My EAD has been approved while I just recieved an RFE for Photos for AP. I was under the same assumption and did not send in the photos earlier. I did send it now with the RFE.
My 2 cents, When they ask for something give it to them. I mean if they need to take fingerprints every year with EAD, this is much less stupid.
My 2 cents, When they ask for something give it to them. I mean if they need to take fingerprints every year with EAD, this is much less stupid.
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chanduv23
07-06 08:16 AM
These can be done through state chapters. In tri state chapter, we have always been having meet and greets. A lot of pics have been uploaded to http://immigrationvoice.blogspot.com
During the first few months of IV - when there was a meeting, we had around 3 to 5 people, but in a recent IV meeting in New Jersey we had around 60 people.
Anyone can take an initiative and do this.
Conference calls, meet and greet, publicity campaigns etc... can all be done effectively via state chapters
During the first few months of IV - when there was a meeting, we had around 3 to 5 people, but in a recent IV meeting in New Jersey we had around 60 people.
Anyone can take an initiative and do this.
Conference calls, meet and greet, publicity campaigns etc... can all be done effectively via state chapters
more...
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krishna_brc
01-29 12:47 PM
USCIS might be processing the applications in the order of recipt date
(need not adjudicate the application which is based on priority date)
So, i think USCIS can process applications without priority date being current.
(need not adjudicate the application which is based on priority date)
So, i think USCIS can process applications without priority date being current.
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menezeswayne
12-11 03:05 PM
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
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vine93
05-08 07:58 PM
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Read this line
Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
I posted this earlier, Admin has deleted my post.
hiya
Read this line
Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
I posted this earlier, Admin has deleted my post.
hiya
bsbawa10
09-06 08:57 AM
I am starting this thread to collect examples of inefficiencies and inconstencies of USCIS . Also examples of hiding data by USCIS.
Whenever you give example of your experience if possible add:
1. Dates
2. Details of what happened
3. Action that you took and reaction by USCIS.
Some of the examples that I have seen on this forum are 1. Wrong photograph on AP 2. Totally different answers from customer service 3. Internal memo in USCIS not made public about holding visas for EB2 India etc.
Whenever you give example of your experience if possible add:
1. Dates
2. Details of what happened
3. Action that you took and reaction by USCIS.
Some of the examples that I have seen on this forum are 1. Wrong photograph on AP 2. Totally different answers from customer service 3. Internal memo in USCIS not made public about holding visas for EB2 India etc.
rajuseattle
08-14 05:31 PM
raminmd,
dont worry your attorney knows the process of contacting Service centre folks in these type of situation where USCIS erroneously rejected your wife's I-485 petition.
He will know thro' his AILA liason the appropriate procedure to get hold of USCIS and correct this situation.
Your wife wont be out of status, since she entered on H-4 dependent status, once her I-485 gets in processing queue she will be in AoS pending status and that will let her stay in this country until USCIS gets her GC.
Make sure her application somehow gets to USCIS AoS adjudication unit and you receive the USCIS receipt notice establishing her Priority date similar to yours on the I-485 receipt notice. you can apply for her EAD and AP so that she can work and travel outside of US using her AP.
Hope this helps you.
dont worry your attorney knows the process of contacting Service centre folks in these type of situation where USCIS erroneously rejected your wife's I-485 petition.
He will know thro' his AILA liason the appropriate procedure to get hold of USCIS and correct this situation.
Your wife wont be out of status, since she entered on H-4 dependent status, once her I-485 gets in processing queue she will be in AoS pending status and that will let her stay in this country until USCIS gets her GC.
Make sure her application somehow gets to USCIS AoS adjudication unit and you receive the USCIS receipt notice establishing her Priority date similar to yours on the I-485 receipt notice. you can apply for her EAD and AP so that she can work and travel outside of US using her AP.
Hope this helps you.
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