rinkurazdan
05-30 04:45 PM
I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
Please read the IV Core groups analysis on the CIR bill...which is totally different than the CIR thhat was passed by the previous Senate in 2006
Please read the IV Core groups analysis on the CIR bill...which is totally different than the CIR thhat was passed by the previous Senate in 2006
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gmail
07-22 03:14 AM
Quoting the AC21 memo:
"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."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
"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."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
snathan
08-20 03:33 PM
Hi ,
I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .
My visa is cancelled and I was told to go back to consulate and get a new visa .
I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .
thanks in advance.
RD
Since you are deported and the ticker was paid by the US Govt, you are most likely banned to enter the country for 5 years. Even if you are going to the consulate, you wont get the visa. As you admitted guilty, I dont think you can fix this.
I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .
My visa is cancelled and I was told to go back to consulate and get a new visa .
I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .
thanks in advance.
RD
Since you are deported and the ticker was paid by the US Govt, you are most likely banned to enter the country for 5 years. Even if you are going to the consulate, you wont get the visa. As you admitted guilty, I dont think you can fix this.
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chanduv23
12-18 09:46 PM
The chat is on now
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fcres
07-24 02:42 PM
Hello Guys,
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
Since you already applied there is nothing you can do other than renewing your passport. Try to do emergency renewal.
My lawyer asked me to renew PP to be on the safe side before we filed my AOS.
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
Since you already applied there is nothing you can do other than renewing your passport. Try to do emergency renewal.
My lawyer asked me to renew PP to be on the safe side before we filed my AOS.
rsrikant
07-20 03:26 PM
my 140 also is e filed and i received receipt no. in email.
waiting for the hard copy of receipt notice..
any idea how long it takes to get receipt notice if it is efiled...
waiting for the hard copy of receipt notice..
any idea how long it takes to get receipt notice if it is efiled...
more...
manderson
11-07 04:12 PM
Can anyone else have opinion on this?
regards,
Mittal Kapdi
u don't need to go for "visa stamping" to maintain status (know that status and visa are different)
notify the school of your change of status like the other guy/gal said. that's all you will need to do keep staying in the US legally.
....But if you want to travel while on H1, then yes: you need to go for "visa stamping".
regards,
Mittal Kapdi
u don't need to go for "visa stamping" to maintain status (know that status and visa are different)
notify the school of your change of status like the other guy/gal said. that's all you will need to do keep staying in the US legally.
....But if you want to travel while on H1, then yes: you need to go for "visa stamping".
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ita
09-22 04:19 PM
Thank you.
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bfadlia
03-15 01:31 PM
^^^^
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Ann Ruben
03-19 03:21 PM
There does not appear to be any rational pattern in PWD processing times. In fact, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January. The only down side in doing this is that it could further clog what is already a pretty dysfunctional system.
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request. Not documents I would want to have to rely on in the event of an audit...
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request. Not documents I would want to have to rely on in the event of an audit...
more...
Chris Rock
08-12 12:21 PM
thanks
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gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"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."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
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.
"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."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
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...
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nkavjs
12-18 01:17 AM
Friends Hi:
We are leaving for India in January 2009. I have AP and EAD approved with expired H1B visa stamp on my passport with I-485 pending since July 2007. We have booked flights to Mumbai via Amsterdam (KLM -NWA). Do I still need to get a transit visa, even though our flight will be halting for few may be 3-4 hours at Amsterdam. I am super confused. Please guide.
Thanks
RPH
We are leaving for India in January 2009. I have AP and EAD approved with expired H1B visa stamp on my passport with I-485 pending since July 2007. We have booked flights to Mumbai via Amsterdam (KLM -NWA). Do I still need to get a transit visa, even though our flight will be halting for few may be 3-4 hours at Amsterdam. I am super confused. Please guide.
Thanks
RPH
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masti_Gai
11-07 12:45 PM
Mail this letter to your parents...
when they are at POE they can hand over this letter to the immigration officer so that he can be sure that your parents won't be a liability in US
when they are at POE they can hand over this letter to the immigration officer so that he can be sure that your parents won't be a liability in US
more...
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freeskier89
02-09 03:37 PM
It's all good.
That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)
Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.Haha ya unfortunately text can't quite convey as much as real communication and can make some really awkward mix-ups at times lol. Aww thanks man! :)
That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)
Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.Haha ya unfortunately text can't quite convey as much as real communication and can make some really awkward mix-ups at times lol. Aww thanks man! :)
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chanduv23
06-05 08:50 AM
I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
First things first. Don't get stressed out. You have hired an Attorney to represent you - u r a client for the Attorney and it is their duty to work with you.
It is very common - people are very receptive before you pay and after that, they tend to slow down on you because they are spending time to bait in the next potential client.
You can report this lawyer to the bar or to AILA or probably to better Business Bereau. Folks here can guide you.
Some Attorneys are very receptive, they value and treat you well. They try their best to get back to you in a day or two. I have seen Attroneys responding to queries late night - probably thats the time they set for email responses or so.
My message to Attorneys - do please value your client. These days, immigrants have a lot of platform and power and are better informed so don't take your clients for granted. t
The better you treat your client, the better business for you.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
First things first. Don't get stressed out. You have hired an Attorney to represent you - u r a client for the Attorney and it is their duty to work with you.
It is very common - people are very receptive before you pay and after that, they tend to slow down on you because they are spending time to bait in the next potential client.
You can report this lawyer to the bar or to AILA or probably to better Business Bereau. Folks here can guide you.
Some Attorneys are very receptive, they value and treat you well. They try their best to get back to you in a day or two. I have seen Attroneys responding to queries late night - probably thats the time they set for email responses or so.
My message to Attorneys - do please value your client. These days, immigrants have a lot of platform and power and are better informed so don't take your clients for granted. t
The better you treat your client, the better business for you.
more...
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dreamworld
07-17 04:44 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
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mhtanim
02-28 05:53 AM
I am another one in the same situation.
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eb3_nepa
08-13 09:39 PM
Last week we all got the LUD of 08/05/2007 also a Sunday. My lawyer said maybe it was a mass update, but now I am beginning to wonder if that is the case.
Now this is a THEORY but what if every Sunday they are updating the packages being sent from NSC to TSC. The very fact that there is an LUD update means 1 important thing
You are not a concurrent filer.
Maybe it is my wishful thinking, but i feel that seeing mass LUD updates on 2 consecutive Sundays is too much to be a mere coincidence.
Now this is a THEORY but what if every Sunday they are updating the packages being sent from NSC to TSC. The very fact that there is an LUD update means 1 important thing
You are not a concurrent filer.
Maybe it is my wishful thinking, but i feel that seeing mass LUD updates on 2 consecutive Sundays is too much to be a mere coincidence.
gcnirvana
06-18 05:06 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
ksircar
12-01 02:13 PM
Can someone please advice which immigration documents (apart from Passport and AP) should I carry to re-enter US using AP?
Please share your experience.
Thanks in advance.
Any advice, guys?
Please share your experience.
Thanks in advance.
Any advice, guys?