eagerr2i
12-20 01:14 PM
No, only allows people on H4 for more than 6 years to get a H1B of their own for 6 years or until their spouses EAD/GC's arrive.
wallpaper 2. .NEWSPAPER SHIRTS.
lazycis
12-18 10:49 AM
All you need to send is a letter saying that you invoked AC 21; also attach supporting documents, i.e. employment offer from your new employer describing job title, duties and salary and stating that employer intends to hire you permanently after you receive GC; documentation showing that your I-485 has been pending 180 days or more before you've changed jobs.
eb3_nepa
02-19 12:30 PM
Guys as someone else has posted earlier, there is NO basis for asking for this.
CP was created for getting your GC if you are OUTSIDE the US. It is now being conveniently used by people within the US to circumvent certain issues and to get the process approved earlier. EAD and AP are for people WITHIN the US.
So please talk to a lawyer about finding out how to convert a CP to an AOS and you can apply for your EAD and AP. IV cannot keep adding to the list of things to ask for. This point has been stated by the core members over and over again. Currently you cannot have it both ways ie get ur GC quicker through CP AND in the meantime enjoy the interim benefits of the EAD/AP.
Whether you have contributed or not is besides the point. The contribution is to speed up the GC process not for what each individual or smaller set of individuals want for their custom needs.
BOTTOM LINES:
1) IV is fighting for the ENTIRE GC process to be faster.
2) IV Cannot keep changing its goals and what it stands for.
Sorry if this sounds harsh, but that is the way things are and have always been.
CP was created for getting your GC if you are OUTSIDE the US. It is now being conveniently used by people within the US to circumvent certain issues and to get the process approved earlier. EAD and AP are for people WITHIN the US.
So please talk to a lawyer about finding out how to convert a CP to an AOS and you can apply for your EAD and AP. IV cannot keep adding to the list of things to ask for. This point has been stated by the core members over and over again. Currently you cannot have it both ways ie get ur GC quicker through CP AND in the meantime enjoy the interim benefits of the EAD/AP.
Whether you have contributed or not is besides the point. The contribution is to speed up the GC process not for what each individual or smaller set of individuals want for their custom needs.
BOTTOM LINES:
1) IV is fighting for the ENTIRE GC process to be faster.
2) IV Cannot keep changing its goals and what it stands for.
Sorry if this sounds harsh, but that is the way things are and have always been.
2011 Retro Wallpaper Mouse Pad by
hydboy77
11-02 02:28 PM
I dont think DOS will do any spillover, if by a miracle they do a quarterly spillover it can happen only in december, The whole idea of spillover is if there are any leftover visas they have to use it by the end of the year (i.e spetember 30) or if they do quarterly spillover as the law says then they have to do it by the end of the quarter i.e Dec 31, march 31, June 30.
If the eb2 does not move to atleast march 2005 then it means DOS is not doing quarterly spillover.
I don't have any high hope. I am guessing that Mr Oppenheim will do quarterly spill over of first quarter into first month of second quarter. So Lets wait for Jan bulletin..
I argue all members not to keep too much hope for Dec bulletin. Eb3 India will move little bit but few months only.
If the eb2 does not move to atleast march 2005 then it means DOS is not doing quarterly spillover.
I don't have any high hope. I am guessing that Mr Oppenheim will do quarterly spill over of first quarter into first month of second quarter. So Lets wait for Jan bulletin..
I argue all members not to keep too much hope for Dec bulletin. Eb3 India will move little bit but few months only.
more...
gcdreamer05
07-25 01:26 PM
I think we all have this OCD to keep checking IV. I am in EB3 and i know nothing is going to happen to my 485 for the next 3 or more years, i myself keep checking IV, no wonder why you dont want to....
Atleast be happy that you have a probability that you will get it by aug, think about all the rest of us who dont know what will ever happen and when we may get freed from the clutches of desi employer.....
May be we should all become afghani translators or get religious visa and apply again in EB4 / EB5 :confused:
Atleast be happy that you have a probability that you will get it by aug, think about all the rest of us who dont know what will ever happen and when we may get freed from the clutches of desi employer.....
May be we should all become afghani translators or get religious visa and apply again in EB4 / EB5 :confused:
LostInGCProcess
10-29 09:40 AM
So much for so called "highly skilled". Young guys out there, in their 20s....think twice about making America your permanent home. Right now, it is very discouraging.
It is sad. When you call USCIS to get some information, its almost like we are hitting against an Iron wall. They dont give out any information except read from a standard text. They could as well have some automated machine to read those out.
I just want to know if there is an official explanation for the delay in EAD renewal from USCIS. Wonder why it takes that long when they already have all our 'janamkundli' with them.
It is sad. When you call USCIS to get some information, its almost like we are hitting against an Iron wall. They dont give out any information except read from a standard text. They could as well have some automated machine to read those out.
I just want to know if there is an official explanation for the delay in EAD renewal from USCIS. Wonder why it takes that long when they already have all our 'janamkundli' with them.
more...
lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"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."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"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."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
2010 Wallpaper retro, style, curl
pasupuleti
03-01 12:31 AM
i need your full name, please send a private msg. I need to send this information to zoe lofgren office.
pasupuleti
I will try to be there. Thanks for arranging.
pasupuleti
I will try to be there. Thanks for arranging.
more...
nrk
11-03 12:08 PM
Hi Shirdibaba,
Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.
1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.
2. Find out from attorney if he charges any fee for this. If so please don't go with him.
take an info pass and find out the details.
This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)
Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.
Hi, we have approved EAD and I 485 Pending.When called to find about the case they send the leter which says---
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.
1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.
2. Find out from attorney if he charges any fee for this. If so please don't go with him.
take an info pass and find out the details.
This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)
Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.
Hi, we have approved EAD and I 485 Pending.When called to find about the case they send the leter which says---
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
hair stylish retro background
rockstart
05-15 08:32 AM
Yes and any one who feels bad can take admission and complete MS. It takes 3-4 semesters any ways.
more...
raysaikat
01-06 12:44 AM
What about ladies with 5 husbands (pandus), do we need to start visa called H5? F5? D5?
I heard from a friend of my friend knows that indian ladies have 5 husbands at the same time, what about them?
I have never heard such a case after "Droupadi".
I heard from a friend of my friend knows that indian ladies have 5 husbands at the same time, what about them?
I have never heard such a case after "Droupadi".
hot Free Grunge Retro Wallpaper
drona
08-31 08:37 PM
Please post your request on the following thread and a group of volunteers will organize your transportation. Glad you could make it!
http://immigrationvoice.org/forum/showthread.php?t=12462
http://immigrationvoice.org/forum/showthread.php?t=12462
more...
house SEAMLESS RETRO WALLPAPER
s_r_e_e
08-10 10:38 AM
How does one get to know if his Labor Substitution was rejected? If a Receipt Notice was received does that mean that it was accepted? And, can they reject it later?
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
tattoo Retro Wallpaper Rocks!
Macaca
09-01 10:02 PM
Are you sure about this? That sucks! I always thought you were eligible for SS after you accrue 40 points....basically you get 4 points for every year of work. If you look at your SS report that's sent out before your b'day you will see the points you have accrued.
I thought 40 points was the only requisite; wasn't aware that you had to be a US citizen. Can you please verify this information?
This is my understanding. I started following it in past 2 months. It requires more research. There are articles in News Article Thread.
This remark was made to a person at SJ rally by a bystanding Amercan. (mentioned in SJ Rally thread)
Sessions has also proposed that H1B/GC should not get Earned Income Credit. I dont know all details.
I thought 40 points was the only requisite; wasn't aware that you had to be a US citizen. Can you please verify this information?
This is my understanding. I started following it in past 2 months. It requires more research. There are articles in News Article Thread.
This remark was made to a person at SJ rally by a bystanding Amercan. (mentioned in SJ Rally thread)
Sessions has also proposed that H1B/GC should not get Earned Income Credit. I dont know all details.
more...
pictures Retro Wallpaper
ramaonline
08-07 11:14 PM
Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..
485 derivative status is only available if you were married before the 485 approval not after
If someone marries after 485 approval then you need to file I130 under family category for spouse
Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident
485 derivative status is only available if you were married before the 485 approval not after
If someone marries after 485 approval then you need to file I130 under family category for spouse
Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident
dresses retro background by ~R3V fiR3
coloniel60
08-15 01:32 PM
Some peoples think that they are the smartest world has ever Produced.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
If a lawyer is mailing the application and he probably is mailing hundreds of applications, he won't give the applicant's address in the USPS senders address. So there is no way to match a receipt to an applicant. Besides USCIS won't know what the contents of the package are.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
If a lawyer is mailing the application and he probably is mailing hundreds of applications, he won't give the applicant's address in the USPS senders address. So there is no way to match a receipt to an applicant. Besides USCIS won't know what the contents of the package are.
more...
makeup Atomic Age Retro Wallpapers by
Berkeleybee
04-10 06:55 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
girlfriend Retro Background Vector
mihird
05-26 01:47 AM
I spent 5 full years in Canada from 1995 2 of which I did my MS (in Montreal - Quebec) and 3, I worked for one of Canada's largest software companies in Ottawa - Ontario. Over the course of these 5 years, I acquired both my Canadian green card and Canadian Citizenship..
From 2000 onwards, I have been in the US languishing in this stupid EB Green Card queue...
I originally hail from India, so can give some clear opinons on how life is comparatively in all three places.
I will firstly agree with someone who mentioned that rather than considering Canada as an option 2 after the US, one should consider our home country..honestly, I believe our home country should be the no. 1 priority on our list. The real solution to all immigration problems lies in the balancing of economies on a global scale...and we as the H1-B skilled workforce are the best people for making the Indian/Chinese economies move forward....reduce unemployment there and improve the wage standards...
As for Canada, except for the cold, almost everything about Canada is better than the US in my opinion - better quality of life, better social security, better health care, safer neighborhoods, better education, better immigration system etc. etc..if you hail from a tropical place like India, the cold WILL bother you, though....
Montreal is 50% English/50% French, and I had no problems living in Montreal although, I know nothing about French at all..
From a pure money stand point of view, it is true, that you will somewhat make more money in US, but most of that will be offset by the higher healthcare costs and higher housing costs...
Frankly, if this 6+ year wait on the US Green Card doesn't go anywhere, I will definitely consider moving back to India, rather than Canada...in 2007 or so...because, I feel, I have spent enough years away from India, accrued enough wealth and owe my time and energy to building the Indian economy....rather than giving my years to any of the western countries....that already are well developed...
My .02 cents..
From 2000 onwards, I have been in the US languishing in this stupid EB Green Card queue...
I originally hail from India, so can give some clear opinons on how life is comparatively in all three places.
I will firstly agree with someone who mentioned that rather than considering Canada as an option 2 after the US, one should consider our home country..honestly, I believe our home country should be the no. 1 priority on our list. The real solution to all immigration problems lies in the balancing of economies on a global scale...and we as the H1-B skilled workforce are the best people for making the Indian/Chinese economies move forward....reduce unemployment there and improve the wage standards...
As for Canada, except for the cold, almost everything about Canada is better than the US in my opinion - better quality of life, better social security, better health care, safer neighborhoods, better education, better immigration system etc. etc..if you hail from a tropical place like India, the cold WILL bother you, though....
Montreal is 50% English/50% French, and I had no problems living in Montreal although, I know nothing about French at all..
From a pure money stand point of view, it is true, that you will somewhat make more money in US, but most of that will be offset by the higher healthcare costs and higher housing costs...
Frankly, if this 6+ year wait on the US Green Card doesn't go anywhere, I will definitely consider moving back to India, rather than Canada...in 2007 or so...because, I feel, I have spent enough years away from India, accrued enough wealth and owe my time and energy to building the Indian economy....rather than giving my years to any of the western countries....that already are well developed...
My .02 cents..
hairstyles Wallpaper
waiting_4_gc
08-28 02:50 PM
I didn’t want to go to DC rally due to my surgery appointment (September 6th) because I can not fly for three weeks after the surgery.
Guess what?, I have postponed my surgery appointment date, booked tickets and going to DC rally on Monday evening and flying back on Tuesday night.
I also urge people to take a day off and attend the rally.
Guess what?, I have postponed my surgery appointment date, booked tickets and going to DC rally on Monday evening and flying back on Tuesday night.
I also urge people to take a day off and attend the rally.
leo2606
08-07 11:59 PM
I would suggest to marry a girl who is in USA with EB3-I 2007 or later PD, that way your marriage problem will be solved and you are helping a poor sole.
Just kidding man... don't make me communist by giving REDs. :)
Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
Just kidding man... don't make me communist by giving REDs. :)
Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
hiralal
04-23 07:48 AM
friends ..are we giving up before even trying ??? this is the least that we can do ..just write that you are a skilled legal immigrant with american kids. you have followed all the rules for 6-8 years ..waiting for a GC so that you can buy a house (or if you have a house then there is a danger that it will go in foreclosure because of GC delays) ..few minutes is all that is needed
No comments:
Post a Comment