vin13
09-30 03:37 PM
If your last FP was more than 15 months ago, then write to local congressman, that usually works.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
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Roger Binny
06-06 08:47 AM
Which service center your case is in ?
Nw2GC
05-07 08:32 PM
I will be submitting my paper work soon!
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mangelschots
05-02 09:02 PM
Senator Obama has filed the "Citizenship Promotion Act 2007" which
tries to alleviate this process and mandate the FBI to perform this in
a reasonable timeframe without limiting US Security.
following is an exceprt of this.
"...Act to limit the timeframe of the FBI name check and background
check. We ask of the honorable members of the Congress and Senate to
approve Senator Obama's Act in its entirety and facilitate the
feasibility of it. As the security of this country is considered a
priority, it is important that the adequate budget and resources are
devoted to the security checks ..."
This sounds like a good initiative to help out all of us that finally end up making in I-485. Suggest we rally all IV members to sign this petition:
http://www.petitiononline.com/nc082505/petition.html
tries to alleviate this process and mandate the FBI to perform this in
a reasonable timeframe without limiting US Security.
following is an exceprt of this.
"...Act to limit the timeframe of the FBI name check and background
check. We ask of the honorable members of the Congress and Senate to
approve Senator Obama's Act in its entirety and facilitate the
feasibility of it. As the security of this country is considered a
priority, it is important that the adequate budget and resources are
devoted to the security checks ..."
This sounds like a good initiative to help out all of us that finally end up making in I-485. Suggest we rally all IV members to sign this petition:
http://www.petitiononline.com/nc082505/petition.html
more...
monkeyman
10-10 02:07 PM
Once you get your GC, you can do what you want when you want. You can work anywhere. Your consulting company nor any company has the right to hold you on any contract whatsoever, unless ofcourse your client has non competitive contract that prohibits you from joining them.
For naturalization, it does not matter whatsoever. You can say that you were offered a better position that matched your skill set and experience and hence you ("on your own free will") joined another company. And hey, congrats. Worry not. U R much better off. Love your job, not the company!!! And you can work 2 jobs that are not even related. No one cares -
For naturalization, it does not matter whatsoever. You can say that you were offered a better position that matched your skill set and experience and hence you ("on your own free will") joined another company. And hey, congrats. Worry not. U R much better off. Love your job, not the company!!! And you can work 2 jobs that are not even related. No one cares -
waitingnwaiting
11-16 12:20 PM
Report indicates that Sen. Robert Menendez (D-N.J.), Rep. Nydia Velasquez (D-N.Y.) and Rep. Luis Gutierrez (D-Ill.) will meet with President Barack Obama this afternoon to talk about the chances of getting comprehensive immigration reform or the DREAM Act passed in the lame duck session, signaling the Democrats, Hispanics, and Obama turning their posture in CIR or DREAM from "defensive" to "offensive" strategy, by going forward with the all-court pressing DREAM or CIR during the Lame Duck session. For this apparent strategy, time is indeed short and running out. There was also report that the House Speaker Nancy Pelosi (D-Calif.) could bring the DREAM Act to the floor as early as this week. This strategy will push and corner Republicans to the "defensive" position in connection with the 2012 Presidential and another national election. For this matter, the Democrats have nothing to lose by pushing for DREAM or CIR during this Lame Duck session while they are in a majority position. Failure to pass the DREAM Act during the Lame Duck session will be placed on the Republicans, which are likely to bring about some Republican casualties and political liabilities in 2012 election. From the perspecitives of the DREAM activists, this is indeed considered a last chance and they are taking an aggressive position to take advantage of such political strategy of the Democrats. Let's watch how this political drama will unfold during the next one month or so. ww.immigration-law.com
more...
lazycis
01-15 11:15 AM
Finally, I found it in the federal regulations. So it's the federal law.
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
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SFSweta
08-27 01:40 PM
You may! Because your priority date is based on your PERM/Labor...and that still holds valid.
more...
helpful_leo
06-17 01:44 PM
..if someone started now?
If a major corporation (i.e. bonafide company, no fraud, etc) started the labor process for an employee tomorrow, how long (in a ballpark sense) would it take before the person could file for I140 and I1485 concurrently?
...and do you think the dates wd remain current (for India) till then? And is there anything that can be done from the employee or employer's side to speed up the process? All comments will be appreciated.
Thanks all for your time
leo
If a major corporation (i.e. bonafide company, no fraud, etc) started the labor process for an employee tomorrow, how long (in a ballpark sense) would it take before the person could file for I140 and I1485 concurrently?
...and do you think the dates wd remain current (for India) till then? And is there anything that can be done from the employee or employer's side to speed up the process? All comments will be appreciated.
Thanks all for your time
leo
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minimalist
05-21 10:55 AM
For EAD ,the documentation is pretty simple and straightforward.
Please goto USCIS site and take a look at I765 form and the associated instructions. Once you spend 15 minutes on that, you will have most questions answered yourself. For the ones you have doubts, please post back.
Thanks
Please goto USCIS site and take a look at I765 form and the associated instructions. Once you spend 15 minutes on that, you will have most questions answered yourself. For the ones you have doubts, please post back.
Thanks
more...
AnalyzeThis
03-19 12:36 AM
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
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Munna Bhai
01-08 03:50 PM
Here is the situation, they already got Australia visa stamped and would like to make a honest visit to US before leaving for Australia, nothing hidden. So how to Convince VO.
more...
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rolrblade
02-28 07:28 AM
what is your PD, catagory and country please?
What does his PD, category and country have to do with anything in his question?
Anyways, what I believe is happening is USCIS wants to make sure of your continued legal status in the country and also to make sure that there are no SIGNIFICANT gaps in status.
Haing said that I believe that your attorney is correct, in that if you filed extension before expiry of the H1 you should be fine. The Pearsons memo also states "a reasonable time" for you to find another job, so your 20 days should be just fine.
Just make sure your attroney writes a good response back and not just sends the I-797's.
What does his PD, category and country have to do with anything in his question?
Anyways, what I believe is happening is USCIS wants to make sure of your continued legal status in the country and also to make sure that there are no SIGNIFICANT gaps in status.
Haing said that I believe that your attorney is correct, in that if you filed extension before expiry of the H1 you should be fine. The Pearsons memo also states "a reasonable time" for you to find another job, so your 20 days should be just fine.
Just make sure your attroney writes a good response back and not just sends the I-797's.
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kamakya
05-14 09:48 AM
Urbana in Frederick county. The schools there are the best and lots of Indians and property tax is pretty low compared to other places.
more...
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ken
04-10 02:34 PM
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
Already updated my info, But not all, Also when i try to do some sort based on PD it is not working.
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
Already updated my info, But not all, Also when i try to do some sort based on PD it is not working.
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h1bnogc
08-29 09:12 AM
Thank you both for sharing your thoughts...
I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.
For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?
I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
Immigstories:
Could you please share your experience at POE? many many thanks
I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.
For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?
I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
Immigstories:
Could you please share your experience at POE? many many thanks
more...
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nlalchandani
10-02 06:28 AM
Hi All,
Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..
My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...
meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......
I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....
I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...
In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......
If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....
Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...
Please help...any help will be highly appreciated.
I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...
Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..
My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...
meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......
I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....
I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...
In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......
If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....
Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...
Please help...any help will be highly appreciated.
I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...
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CRAZYMONK
09-24 09:59 AM
Hi All,
Thanks in Advance...
I got an email from USCIS that my and my wife's I-485 got RFE''s
I files my 485 through lawyer,I recently moved to new location...
Will the rfe notice come to me or my lawyer...
I updated the old address on the day i got RFE notice?
Please advise...
It should go to your attorney for whom you signed G-28.
Thanks in Advance...
I got an email from USCIS that my and my wife's I-485 got RFE''s
I files my 485 through lawyer,I recently moved to new location...
Will the rfe notice come to me or my lawyer...
I updated the old address on the day i got RFE notice?
Please advise...
It should go to your attorney for whom you signed G-28.
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logiclife
06-21 06:25 PM
I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
rajenk
02-11 07:18 PM
Thank you all. I am going to get an appointment with the doctor (CS) who is in my medical group. I will keep you all posted how this goes and about the odd file processing even though my PD is way far from the current PD date!
puddonhead
11-30 11:01 AM
I have filed for and recieved AP twice so far. I have done both paper and e-filing and combinations. When I lawyer files, he e-files. When I do it - I paper file. I have done different combinations. First time, with 485 - lawyer filed both for me and wife. Next year, my company suddenly decided they dont want to pay the lawyer fee for the dependent AP/EAD - so I paper-filed for my wife while mine was e-filed. Next year - my company decided to pay for both and my lawyer did e-filed mine and paper-filed my wife's application (dont know why).
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
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