sanju
09-09 08:59 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Kindly see the context of the post and please read the post completely before going ballistic –
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word “concurrent”.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
Kindly see the context of the post and please read the post completely before going ballistic –
I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word “concurrent”.
However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.
If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.
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venetian
10-10 12:47 AM
Beware of companies that have office in Ameerpet, Hyderabad. Most of them are phony companies.
dtekkedil
07-06 03:34 PM
Yes!
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go_guy123
03-11 11:35 PM
I don't have personal problems except with the point I mentioned. I am a consultant. Whenever I go on vacation, I take long vacations after discontinuing my current project. I comeback from vacation and look for a new project. I don't think there is anything fraudulent about that practice. So the above rule definitely concerns me. I think that is non-sense.
What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.
What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.
more...
485Question
09-19 03:09 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Be patient buddy, wait and see.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Be patient buddy, wait and see.
casinoroyale
06-19 12:05 PM
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
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abcdefgh
03-21 11:59 AM
I will be availble to meet NJ lawmakers, Please guide.
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kevinkris
12-03 06:10 PM
Hi Guys,
Applied 485 on Aug 15th got our FP notices friday scheduled on Dec 20th
Thanks,
Kris
Applied 485 on Aug 15th got our FP notices friday scheduled on Dec 20th
Thanks,
Kris
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ksircar
07-23 12:11 PM
I need some help with my daughter�s EAD and AP renewal (e-filing) applications.
Here are the details. She came to US on H4 (I am the primary applicant, on H1B). As she was going to age-out in July 2007, she was transferred to F1 in April 2007. Fortunately, she was able to file I-485 in June, 2007 and got her EAD and AP. In 2008 she went abroad and came back to US using AP.
For I-765 EAD renewal (e-filing) what should be her response to following questions?
1. Manner of entry to US (visitor, student etc.)
2. Current Immigration Status (visitor, student etc.)
3. Please select your eligibility status
Similarly, for I-131 AP renewal (e-filing) what should be her response to following questions?
1. Class of admission
2. Date of intended departure
3. Expected length of trip
Also, for AP renewal does she need to write a letter to USCIS? If so, can someone provide the format of the letter?
Thanks in advance.
Here are the details. She came to US on H4 (I am the primary applicant, on H1B). As she was going to age-out in July 2007, she was transferred to F1 in April 2007. Fortunately, she was able to file I-485 in June, 2007 and got her EAD and AP. In 2008 she went abroad and came back to US using AP.
For I-765 EAD renewal (e-filing) what should be her response to following questions?
1. Manner of entry to US (visitor, student etc.)
2. Current Immigration Status (visitor, student etc.)
3. Please select your eligibility status
Similarly, for I-131 AP renewal (e-filing) what should be her response to following questions?
1. Class of admission
2. Date of intended departure
3. Expected length of trip
Also, for AP renewal does she need to write a letter to USCIS? If so, can someone provide the format of the letter?
Thanks in advance.
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pappu
05-11 02:17 PM
I have the same question. Recapture bill can be added as an amendment. Is any of IV's provisions there in the bill?
No IV provision is in the bill.
For something to happen, each member needs to do their part by supporting this effort and taking part in action items. With so little support and initiative we cannot expect to match the kind of hard work DREAM act advocates have done.
If we need an amendment, we should be showing up for advocacy day or signing up for monthly contributions, volunteer our time, or doing any state chapter work by meeting local lawmaker offices regularly in groups. Dream Act folks have built a very strong network and advocacy effort that no politician can ignore. Go through the list of things they have been doing over the past few years and you can judge how much percentage we have as a community matched that effort. This is a reality and and ultimately it will be us that are responsible for no bill being passed in the last few years.
The community needs to do more than wasting time on the forums and trackers if they really want any bill to happen.
No IV provision is in the bill.
For something to happen, each member needs to do their part by supporting this effort and taking part in action items. With so little support and initiative we cannot expect to match the kind of hard work DREAM act advocates have done.
If we need an amendment, we should be showing up for advocacy day or signing up for monthly contributions, volunteer our time, or doing any state chapter work by meeting local lawmaker offices regularly in groups. Dream Act folks have built a very strong network and advocacy effort that no politician can ignore. Go through the list of things they have been doing over the past few years and you can judge how much percentage we have as a community matched that effort. This is a reality and and ultimately it will be us that are responsible for no bill being passed in the last few years.
The community needs to do more than wasting time on the forums and trackers if they really want any bill to happen.
more...
greencard
07-27 03:02 PM
This is the attitude of our guys. So desperate. The agents get irritated because of this.
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
Your application is already there if you have the delivery confirmation, what is the point of calling them? They will issue or reject when they get to it, by calling them they are not going to go searching for your application..
Please be patient the decision to accept or reject is not going to change by calling them for a receipt notice!
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sunny1000
05-14 11:33 PM
I have tried everything to come back together. but it has really reached a point of not return.
my Pd Dec 03 EB3 India. Please I need advice
Sorry to hear about your personal life. If you and your wife agree for filing a divorce petition together, you can file for divorce by mutual consent in India. Both of you have to be present in the court when you file. The judge will decide on the case after a wait time of six months and you may have go back again for the final judgement. There is an one-year separation time that is required before you can file for mutually consented divorce in India. If you are already separated for more than a year, this is the best route.
If not, like some one else mentioned, you can file here but, some states like NY don't have provisions for divorce based on mutual consent or irreconcilable differences. So, it will take up to a year sometimes. It is perfectly legal and valid to get a divorce in the U.S if both of you have signed the petition and have been present at the court.
Your PD is Dec 2003 and so, you have time especially with all the projections that the EB3 quota (India) may retrogress.
Good luck with everything.
my Pd Dec 03 EB3 India. Please I need advice
Sorry to hear about your personal life. If you and your wife agree for filing a divorce petition together, you can file for divorce by mutual consent in India. Both of you have to be present in the court when you file. The judge will decide on the case after a wait time of six months and you may have go back again for the final judgement. There is an one-year separation time that is required before you can file for mutually consented divorce in India. If you are already separated for more than a year, this is the best route.
If not, like some one else mentioned, you can file here but, some states like NY don't have provisions for divorce based on mutual consent or irreconcilable differences. So, it will take up to a year sometimes. It is perfectly legal and valid to get a divorce in the U.S if both of you have signed the petition and have been present at the court.
Your PD is Dec 2003 and so, you have time especially with all the projections that the EB3 quota (India) may retrogress.
Good luck with everything.
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am4gc
12-29 05:46 PM
How can they change the interpretation of law in 2006?
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only.
How can they change the interpretation of law in 2006?
Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only.
How can they change the interpretation of law in 2006?
Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
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dealsnet
05-15 09:20 PM
Bhai, Please read his previous post. He admit the thing. No need of a witness. He himself wrote in IV.
misdemeanor charge and green card
--------------------------------------------------------------------------------
I may be charged with Misdemenor Class A for Domestic Battery around 15th of Nov/1st week of december(Court Dates).
Am I screwed for green card? I applied for 485 in July, got EAD.
Will there be a Deportation process involved? I am prepared for the Worst hpoing for the Best...
Guys, need your advise....
--------------------------------------------------------------------------------
The Charge sheet is on Class A Misdem..
This is my first offense.. I have not had any offence at all...
Will being on Probation cause a issue. I spoke to my Immigration lawyer.. he said I will be called for a Interview...
He asked me to tell the Criminal Lawyer to try to get supervision. but he said not to plead guilty...
When I relayed the same to my Crim lawyer,, he said it will be difficult to get Supervision if we plead not guilty...
So does it mean Misdemeanor does not qualify for Deportation?
I am cofused whether to plead guilty or not...
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
misdemeanor charge and green card
--------------------------------------------------------------------------------
I may be charged with Misdemenor Class A for Domestic Battery around 15th of Nov/1st week of december(Court Dates).
Am I screwed for green card? I applied for 485 in July, got EAD.
Will there be a Deportation process involved? I am prepared for the Worst hpoing for the Best...
Guys, need your advise....
--------------------------------------------------------------------------------
The Charge sheet is on Class A Misdem..
This is my first offense.. I have not had any offence at all...
Will being on Probation cause a issue. I spoke to my Immigration lawyer.. he said I will be called for a Interview...
He asked me to tell the Criminal Lawyer to try to get supervision. but he said not to plead guilty...
When I relayed the same to my Crim lawyer,, he said it will be difficult to get Supervision if we plead not guilty...
So does it mean Misdemeanor does not qualify for Deportation?
I am cofused whether to plead guilty or not...
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
more...
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pushkarw
12-21 01:02 PM
Have you contributed to the MILLION dollar drive? Please visit the funding thread.
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abhijitp
01-23 01:19 PM
Mailed hand-written letter to WH, copy to IV.
Sorry for the delay, have been busy with things like
http://immigrationvoice.org/forum/showthread.php?t=16806
Sorry for the delay, have been busy with things like
http://immigrationvoice.org/forum/showthread.php?t=16806
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anilsal
07-25 11:27 PM
to channel all your frustrations and anxiety toward a noble cause. Life is hard. GC is just a milestone, just the way you experienced your first process (H1,J1,F1) to get to the US.
I think worrying a lot about the GC has increased my blood pressure (and I need to relax). :) It is just like the COLTS disease - men are made to worry about the future. ;) IV allows to share your pain with others and also work together for a cause.
Remember life can be worse than what it is for you now (http://anilgeneral.blogspot.com/2008/07/when-going-gets-tough.html) Chill, it is a friday.
I think worrying a lot about the GC has increased my blood pressure (and I need to relax). :) It is just like the COLTS disease - men are made to worry about the future. ;) IV allows to share your pain with others and also work together for a cause.
Remember life can be worse than what it is for you now (http://anilgeneral.blogspot.com/2008/07/when-going-gets-tough.html) Chill, it is a friday.
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ssa
02-04 05:40 PM
Sent letters for me and my wife to White House and IV
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BharatPremi
11-14 09:49 AM
Guys,
During my Infopass appointment, Lady Officer told me that your approved advanced parole is mailed to your home address and she verified my home address with me as well. Now my AP was approved on Oct 1*. I had a Infopass on 6th Nov. According to officer AP was "mailed" on the same day as "approval". That was not sufficient, so to add that, I got an email from lawyer yesterday mentioning the receipt of our all approved APs at his office.
So conclusion: Do not trust USCIS officer whatever they say during Infopass.
During my Infopass appointment, Lady Officer told me that your approved advanced parole is mailed to your home address and she verified my home address with me as well. Now my AP was approved on Oct 1*. I had a Infopass on 6th Nov. According to officer AP was "mailed" on the same day as "approval". That was not sufficient, so to add that, I got an email from lawyer yesterday mentioning the receipt of our all approved APs at his office.
So conclusion: Do not trust USCIS officer whatever they say during Infopass.
ita
11-06 02:49 PM
When you set up the infopass appntmt do you have to select the option
'EAD Inquiry Appmt' even when you are going with AP question.
Thank you.
'EAD Inquiry Appmt' even when you are going with AP question.
Thank you.
Student with no hopes
04-23 11:04 AM
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
Arrived F1: Dec. 2001
H1-B: May 2005
Labor Applied: No
I-140 Applied: No
I-485 Applied: No
Laid off: April 2009
Departed USA: May 2009
You left US?
Arrived F1: Dec. 2001
H1-B: May 2005
Labor Applied: No
I-140 Applied: No
I-485 Applied: No
Laid off: April 2009
Departed USA: May 2009
You left US?
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