sury
11-08 09:19 AM
Many thanks for the information
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hopefulgc
07-20 02:04 PM
One has 2 pages the other has 4 pages
Shouldn't really matter.. unless the IO is anal about it..
I would send in a G325A along with a cover letter stating my full name, SS, alien #, if any, just to be safe.
Shouldn't really matter.. unless the IO is anal about it..
I would send in a G325A along with a cover letter stating my full name, SS, alien #, if any, just to be safe.
InTheMoment
06-22 09:50 AM
With the USCIS recent notice on mandatory TB-test unless supported by a valid explanation by the Civil Surgeon, I feel it is a clear invitation for a RFE (one of the most common. Search past RFE's and you will be amazed to find how common this is!)
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purgan
09-18 11:54 PM
The Other Immigration
More information. May 7, 2006, Sunday
By CHRISTOPHER CALDWELL (NYT); Magazine
Late Edition - Final, Section 6, Page 15, Column 3, 876 words
If you were to set out to design a story that would inflame populist rage, it might involve immigrants from poor countries, living in the United States without permission to work, hiring powerful Washington lobbyists to press their case. In late April, The Washington Post reported just such a ...
==
This is part of an abstract from the NY Times TimesSelect Article. I could not read the whole article because I don't have access to the "TimesSelect", a paid subscription. If anyone has it, could you post the artcile here...I believe it mentions the efforts of ImmigrationVoice.
More information. May 7, 2006, Sunday
By CHRISTOPHER CALDWELL (NYT); Magazine
Late Edition - Final, Section 6, Page 15, Column 3, 876 words
If you were to set out to design a story that would inflame populist rage, it might involve immigrants from poor countries, living in the United States without permission to work, hiring powerful Washington lobbyists to press their case. In late April, The Washington Post reported just such a ...
==
This is part of an abstract from the NY Times TimesSelect Article. I could not read the whole article because I don't have access to the "TimesSelect", a paid subscription. If anyone has it, could you post the artcile here...I believe it mentions the efforts of ImmigrationVoice.
more...
yalavarthi_sree
08-18 03:26 PM
In 2008 My wife applied for H1B and My wife got her H1B approved and along with the approval she got new I-94
valid till Sep 2011.
But she was not able to start working/ find a job due to family reasons and economy conditions.
1. Whether she Out of status since she did not work on her H1?
2. If she starts working now for the employer can she get back the status?
3. What are the ways for her get back to H4 if she not going work?
4. How we can correct her status?
valid till Sep 2011.
But she was not able to start working/ find a job due to family reasons and economy conditions.
1. Whether she Out of status since she did not work on her H1?
2. If she starts working now for the employer can she get back the status?
3. What are the ways for her get back to H4 if she not going work?
4. How we can correct her status?
GcSTART1
09-01 02:13 PM
You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485
I a in similar situation My I 140 is approved from previous employer (company A) if the employer agrees to go forward with I 485 , Can I still work for Compnay B and use Ac21.
For AC21 does the jobs exactly have to match with the technoligies mentioned in labor , Or a generic job descirption of Software developer will be taken in to considerarion.
I a in similar situation My I 140 is approved from previous employer (company A) if the employer agrees to go forward with I 485 , Can I still work for Compnay B and use Ac21.
For AC21 does the jobs exactly have to match with the technoligies mentioned in labor , Or a generic job descirption of Software developer will be taken in to considerarion.
more...
cjain
11-13 09:32 AM
Tom,
This is completely false. Even if the employer revokes an un approved i-140, the I-485 is not affected if the following conditions are met:
- I-140 should've been "approvable when filed"
- New job should be in same/similar field
Read the Aytes Memo (google: aytes memo) for more clarification.
and stop spreading lies
The AC21 can be used only if the following 2 conditions are met:
a. I140 is approved.
b. 180 days after the receipt date of I1485.
One may leave the employer even before the 180 days or before the 140 approval with a risk that the emploeyer will not revoke I140 and no RFE comes for 485. The safest is to use AC21 only after the I140 approval.
If 180 days passed (485 receipt date) and if I140 is approved, there is no problem even if the employer revokes the I140 after you move the company. You may get an RFE to produce the offer letter from the new company.
This is completely false. Even if the employer revokes an un approved i-140, the I-485 is not affected if the following conditions are met:
- I-140 should've been "approvable when filed"
- New job should be in same/similar field
Read the Aytes Memo (google: aytes memo) for more clarification.
and stop spreading lies
The AC21 can be used only if the following 2 conditions are met:
a. I140 is approved.
b. 180 days after the receipt date of I1485.
One may leave the employer even before the 180 days or before the 140 approval with a risk that the emploeyer will not revoke I140 and no RFE comes for 485. The safest is to use AC21 only after the I140 approval.
If 180 days passed (485 receipt date) and if I140 is approved, there is no problem even if the employer revokes the I140 after you move the company. You may get an RFE to produce the offer letter from the new company.
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Michael chertoff
10-06 03:36 PM
Troll alert. Avoid responding to these posts.
just a humble question.. whats wrong in responding to this kind of posts. i dont see anything wrong in suggesting or helping other people like us.
atleast he is not posting anything bad against IV or any religion or anything negative.
MC
just a humble question.. whats wrong in responding to this kind of posts. i dont see anything wrong in suggesting or helping other people like us.
atleast he is not posting anything bad against IV or any religion or anything negative.
MC
more...
kondur_007
10-30 12:17 PM
Thanks for your reply it was helpful.
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
Srh1: Please read my comments in the above two threads (thread links posted by bluez). I tried to summarize everything there.
As far as your above question is concerned: You will be just fine even if you are on and off the payroll (especially if the empolyer does not have the project for some time...meaning that on and off was triggerred by the employer); because it still shows YOUR intention to stay with the employer.
Feel free to ask any further questions (after going through above two threads) if you need any further info...I am not a lawyer but I will be happy to share what I know.
Good Luck.
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
Srh1: Please read my comments in the above two threads (thread links posted by bluez). I tried to summarize everything there.
As far as your above question is concerned: You will be just fine even if you are on and off the payroll (especially if the empolyer does not have the project for some time...meaning that on and off was triggerred by the employer); because it still shows YOUR intention to stay with the employer.
Feel free to ask any further questions (after going through above two threads) if you need any further info...I am not a lawyer but I will be happy to share what I know.
Good Luck.
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Aakaash
10-25 10:38 AM
I believe i am right when I say that one can work on an expired H1b visa provided his/her extension (I129) is pending approval!! Please correct me if wrong.
more...
gcdreamer05
11-10 03:59 PM
Well things are really tough out here (US), even volunteering is not allowed ...... :confused:
Again thanks to all the guys who posted , 50% say its ok to volunteer, 50% say it is not ok as we are displacing an american worker's job.
It makes it more confusing.
Let me ask one more question here, is it ok to volunteer on h4 visa for a non-profit organization like hospital.......
But man, this is really so bad for folks on H4 visa, what fault is theirs that they cannot even try to bring out their skills and work in this land of opportunity (for no salary).
Again thanks to all the guys who posted , 50% say its ok to volunteer, 50% say it is not ok as we are displacing an american worker's job.
It makes it more confusing.
Let me ask one more question here, is it ok to volunteer on h4 visa for a non-profit organization like hospital.......
But man, this is really so bad for folks on H4 visa, what fault is theirs that they cannot even try to bring out their skills and work in this land of opportunity (for no salary).
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Pineapple
10-10 09:44 PM
Yes, I did. That is how I came to know that I had to send the card back, with a fresh I765 (but no fees), and a letter explaining the error (as it it wasn't obvious).. my worry was (still is) that my application would join the pile of applications, and would sit there in the bottom.. another potential wait of six months..
So, I did all I could. I called up USCIS a couple of times, took an Info Pass appointment, and talked to an official at ASC when I went for my finger printing appointment.. They were all sorry about it, but could not do much to help. Returning and re-applying are the only options. However, I was told (not sure how much to believe), that since it is obviously their error, it would not take long to fix and they'll send me a corrected card earlier than it would have taken if it were a regular fresh application.
Anyway, my lawyer did her own checking and calling - we gave her the EAD and two fresh photos, and a copy of proof of identity (drivers license)
, and she promised to take care of it.
Will post if it works out well.. :)
So, I did all I could. I called up USCIS a couple of times, took an Info Pass appointment, and talked to an official at ASC when I went for my finger printing appointment.. They were all sorry about it, but could not do much to help. Returning and re-applying are the only options. However, I was told (not sure how much to believe), that since it is obviously their error, it would not take long to fix and they'll send me a corrected card earlier than it would have taken if it were a regular fresh application.
Anyway, my lawyer did her own checking and calling - we gave her the EAD and two fresh photos, and a copy of proof of identity (drivers license)
, and she promised to take care of it.
Will post if it works out well.. :)
more...
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BhanuPriya
01-13 07:27 PM
Hi All,
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
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akhilmahajan
11-14 09:01 PM
^^^^^^^^^^^^^^ Bump ^^^^^^^^^^^^^^
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gc_check
06-26 03:23 PM
trying go get an answer if any one can give some insight?
Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
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prem_goel
11-22 11:39 PM
anyone up for H-1b stamping at Tijuana - Mexico on 30th November. Please ping me and we can plan together. Thanks!
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guygeek007
07-23 09:25 AM
InspectorFox, Jayant and Tina - Your prompt replies and advice are much appreciated.
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morphthecat
07-30 03:07 PM
how is the baby supposed to sponsor the parents ??
One option:
http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):
Cancellation of Removal
Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.
.....
I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.
One option:
http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):
Cancellation of Removal
Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.
.....
I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.
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eb3_nepa
08-14 03:33 PM
Called 6 different operators at the USCIS and got different answers (atleast they are consistently inconsistent!)
2 Said it is perfectly fine as long as the amount is correct
3 said they prefer seperate checks but if the amount is correct they will accept it
1 said they will reject the whole package.
On a lighter note i spoke to one really sweet lady when my call was escalated. All i wanted to ask was about the checks, but she (very enthusiastically) looked up my information and informed me that i was not in the system yet and actually apologised to me. Now i KNOW she looked it up coz she got my middle and company names right even without my telling her that. She even said she has received a few calls today and the guy b4 me was a lucky caller as he was in the system as of Aug 8.
2 Said it is perfectly fine as long as the amount is correct
3 said they prefer seperate checks but if the amount is correct they will accept it
1 said they will reject the whole package.
On a lighter note i spoke to one really sweet lady when my call was escalated. All i wanted to ask was about the checks, but she (very enthusiastically) looked up my information and informed me that i was not in the system yet and actually apologised to me. Now i KNOW she looked it up coz she got my middle and company names right even without my telling her that. She even said she has received a few calls today and the guy b4 me was a lucky caller as he was in the system as of Aug 8.
raj2007
02-18 10:32 PM
Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
I see no harm to take infopass and explain your situation in person.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
I see no harm to take infopass and explain your situation in person.
vnsriv
07-19 01:53 PM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
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