kommisetty
08-21 03:21 PM
Even though i didn't get my GC yet this info is helpful.;)
PD : 2005 Oct. I-485 Still pending :confused:
Hi guys,
...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
PD : 2005 Oct. I-485 Still pending :confused:
Hi guys,
...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
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stevestamps
07-13 06:21 PM
Latest update on http://www.immigration-law.com/
07/13/2007: Agonizying Moments for DHS/USCIS Leaders
There is no doubt that people from time to time go through a tense and agonizying moment while the noise of clock ticking is getting louder and lauder. Reportedly, that is what the leaders of the agencies have been going through to abate things going out of control politically. Rep. Zoe Lofgren is a powerful chairwomea of the Judiciary Committee Immigration Subcommitee of the House of Representatives. Day before yesterday, she served a request for information, record, documents, and evidence in the tone of a discovery in the court proceeding. The letter resembled the combination of request for admission and demand for records in the federal court proceeding. The Secretary of Homeland Security was given only three days to meet the demand. Apparently, the leaders of the DHS and USCIS have been struggling to work out some kind of solutions and thereby prevent thing going out of control as the records, emails, documents, etc. etc. can turn out to be very smelly and juicy depending on which side of the party politics one is involved. Under the circumstances, the leaders have been talking about various options with the departments and pending the discussions, everything has been on hold including the visa bulletin release schedules.
Yesterday, we described potential four options for the DOS and the USCIS. Unconfirmed sources indicate that the last option appears to be "out." Obviously there are still under a tremendous pressure to work out a solution before the three-day deadline of the Congresswoman's investigatory demand. It is going to be a very tense and stressful weekend for these officials. For that matter, the immigrants may also go through a similar process emotionally during the weekend, not knowing when and what information will be released during the weekend or Monday. Eyes of the many immigrants will be glued to the computer monitors. May God Help the Poor Souls! Amen.
07/13/2007: Agonizying Moments for DHS/USCIS Leaders
There is no doubt that people from time to time go through a tense and agonizying moment while the noise of clock ticking is getting louder and lauder. Reportedly, that is what the leaders of the agencies have been going through to abate things going out of control politically. Rep. Zoe Lofgren is a powerful chairwomea of the Judiciary Committee Immigration Subcommitee of the House of Representatives. Day before yesterday, she served a request for information, record, documents, and evidence in the tone of a discovery in the court proceeding. The letter resembled the combination of request for admission and demand for records in the federal court proceeding. The Secretary of Homeland Security was given only three days to meet the demand. Apparently, the leaders of the DHS and USCIS have been struggling to work out some kind of solutions and thereby prevent thing going out of control as the records, emails, documents, etc. etc. can turn out to be very smelly and juicy depending on which side of the party politics one is involved. Under the circumstances, the leaders have been talking about various options with the departments and pending the discussions, everything has been on hold including the visa bulletin release schedules.
Yesterday, we described potential four options for the DOS and the USCIS. Unconfirmed sources indicate that the last option appears to be "out." Obviously there are still under a tremendous pressure to work out a solution before the three-day deadline of the Congresswoman's investigatory demand. It is going to be a very tense and stressful weekend for these officials. For that matter, the immigrants may also go through a similar process emotionally during the weekend, not knowing when and what information will be released during the weekend or Monday. Eyes of the many immigrants will be glued to the computer monitors. May God Help the Poor Souls! Amen.
chmur
04-07 11:02 AM
There is good chance that we might loose visas this year too....with USCIS allocating resoucers to citizenship apps given the elections in november.
We need to prevent that....that ought to be priority # 1....recapture can happen in parallel .
We need to prevent that....that ought to be priority # 1....recapture can happen in parallel .
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styrum
05-29 12:24 PM
We all know why! America decided it's smarter than anybody else: "Hey, let's let new people into the country and then exploit them for as long as possible! Well, we gotta give them some hope that that some day they would have the same rights as everybody else, but who said we need to keep the promise? There are so many ways not to: overcomplicated "process", quotas on Green Cards, processing delays, no fixed, mandatory processing times, etc." Once you realize the main goal of the immigration policy - to create permanent underclasses whom America can discriminate and exploit, everything that happened in the immigration history of USA, especially recently, becomes very logical. Unfortunately, it's a long time tradition in US to exploit and discriminate "recent" immigrants. Remember "No Irish need to apply"? How about the Chinese workers who built the transcontinental railroad and then were lynched and Chinese were effectively banned from immigrating to US for the next 70 years (see shusterman.com for more historic examples).
more...
bugsbunny
04-15 03:24 PM
Forum related questions
1 How do I create New Thread?
2 What do red and green mean?
3 How to give green and Red?
4 What is a junior member/senior member?
5 How do I Private message someone?
6 How do I update my profile?
7 Where is the control Panel?
FREQUENTLY ASKED QUESTIONS/FORUM FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/FORUM_FAQ)
1 How do I create New Thread?
2 What do red and green mean?
3 How to give green and Red?
4 What is a junior member/senior member?
5 How do I Private message someone?
6 How do I update my profile?
7 Where is the control Panel?
FREQUENTLY ASKED QUESTIONS/FORUM FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/FORUM_FAQ)
rongha_2000
03-18 04:39 PM
You can apply for extension. Fees are not applicable for extension of status. If it involves status transfer e.g H4 to H1, then you need to pay the fees. I extended my wife, and daughters status just by filing the paper work and got the new I-94.
I did a blunder by not renewing my passport and travelled to India in August 2007, while returning to US , CBP officer in Chicago issued my I94 only till the expiration of Passport , which is March 2008 . My VISA was valid till Jan 2010
I tried to argue but no use his quote "You can not stay in this country with expired passport" as if there is definitive rule
Irony is I travelled to Canada in July 2007 and at that time my I94 was issued till Jan 2010 . It depends on the officer .
Moral of the Stroy "Renew your passports as soon as you can"
I went to Chicago airport after renewing my passport to renew my I94 , but the officer bluntly denied and asked me to visit USCIS local office . Again just few months back my friend was able to change his I94 in the same airport , looks like I m not that lucky
I contacted my Lawyer on the situation and he suggested either to apply for I94 extension with CIS or travel to Canada . Applying with CIS with 300$ fee doesnt make much sense to me so I decided to fly to Canada and got my new I94 -- Yahoooo atlast valid till Jan 2010
Again in the Tornoto airport officer offered me to keep the same I94 as I did not leave US for more than 30 days , After few scary moments I requested that I needed the new I94 and explained my situation and got it.
I did a blunder by not renewing my passport and travelled to India in August 2007, while returning to US , CBP officer in Chicago issued my I94 only till the expiration of Passport , which is March 2008 . My VISA was valid till Jan 2010
I tried to argue but no use his quote "You can not stay in this country with expired passport" as if there is definitive rule
Irony is I travelled to Canada in July 2007 and at that time my I94 was issued till Jan 2010 . It depends on the officer .
Moral of the Stroy "Renew your passports as soon as you can"
I went to Chicago airport after renewing my passport to renew my I94 , but the officer bluntly denied and asked me to visit USCIS local office . Again just few months back my friend was able to change his I94 in the same airport , looks like I m not that lucky
I contacted my Lawyer on the situation and he suggested either to apply for I94 extension with CIS or travel to Canada . Applying with CIS with 300$ fee doesnt make much sense to me so I decided to fly to Canada and got my new I94 -- Yahoooo atlast valid till Jan 2010
Again in the Tornoto airport officer offered me to keep the same I94 as I did not leave US for more than 30 days , After few scary moments I requested that I needed the new I94 and explained my situation and got it.
more...
dhirajs98
11-29 10:38 AM
My 140 got approved yesterday! Just 7 days after they received the response to the RFE. :D
Btw, someone asked abt 3 yr or 4 yr degree. Mine is 4 yr degree.
==============
When did you file your I-140?
Btw, someone asked abt 3 yr or 4 yr degree. Mine is 4 yr degree.
==============
When did you file your I-140?
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psaxena
06-25 01:05 PM
Use a seperate email id and get the spam mails..whats the issue..
Are you the one who wanna be part of the solution or part of the problem.. ask yourself.
sure you gonna get an which you won't like yourself. Its not about supprting CIR , its about behti ganga main nahane ka hai.. ( I mean your things done no matter how, hope this is the right translation, english main haath bahut kamjor hai)
See they took your personal information and now spamming you. How are you sure they wll not share your personal information with anyone?
Are you the one who wanna be part of the solution or part of the problem.. ask yourself.
sure you gonna get an which you won't like yourself. Its not about supprting CIR , its about behti ganga main nahane ka hai.. ( I mean your things done no matter how, hope this is the right translation, english main haath bahut kamjor hai)
See they took your personal information and now spamming you. How are you sure they wll not share your personal information with anyone?
more...
JunRN
09-22 11:14 AM
But they are not yet finish with the horse bill. I think Republican's Smith and King will again filibuster by trying to put in a lot of amendments to the horse's bill until the day is over. The chairperson is not doing good countering the filibustering of the Republican side.
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krishnam70
02-15 12:51 PM
My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.
1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?
I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
Due diligence
Send a Certified email with receipt /delivery acknowledgment to the employer with your request. Prepare a proper trail of documentation. If the employer does not relent, report the same to IRS after consultation with a tax consultant.
kris
1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?
I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
Due diligence
Send a Certified email with receipt /delivery acknowledgment to the employer with your request. Prepare a proper trail of documentation. If the employer does not relent, report the same to IRS after consultation with a tax consultant.
kris
more...
kaisersose
04-18 11:35 AM
An interview does not mean approval. This is just part of CIS pre-processing cases when the PD is not current. They will interview the applicant, process it and then throw it into storage.
About 5% of cases are randomly selected for interviews. This does not mean that they are out to approve a 2007 case ahead of a 2001 case.
About 5% of cases are randomly selected for interviews. This does not mean that they are out to approve a 2007 case ahead of a 2001 case.
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ImmiUser
07-10 08:55 PM
goto www.immigration-law.com and click on breaking news
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nonimmi
05-22 02:56 PM
I wonder what our children and grandchildren will learn from all these. When they grow up and know that their parents had to go through this mess while waiting to be accepted legally for xxxx number of years and some people got the "grand reward" of being illegal for many years!! These CIRcus operators will be responsible for the loss of "very little" moral left in this country. GOD BLESS AMERICA.
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smsthss
11-19 02:05 PM
or Can the RFE juz verify with my employer whether the position is still available to me or not ??
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sanjay
02-07 01:49 PM
Man, you are so crazy about opening so many threads for the same topic. You cannot force people to send letters. And by this time those who wants to send letters had already sent to WH and IV. Give us some break. I come to IV site to get some information on immigration issues and what I get are 'n' numbers of threads for same issue. ---- ADMIN FIX.......
These are the active threads I found on the front. Let put our energy on different things and get move to other issue, other than sending letters. If you want to be moderator or something else in IV contact PAPPU directly.
http://immigrationvoice.org/forum/showthread.php?t=17160
http://immigrationvoice.org/forum/showthread.php?t=17158
http://immigrationvoice.org/forum/showthread.php?t=17157
http://immigrationvoice.org/forum/showthread.php?t=17159
http://immigrationvoice.org/forum/showthread.php?t=16595
These are the active threads I found on the front. Let put our energy on different things and get move to other issue, other than sending letters. If you want to be moderator or something else in IV contact PAPPU directly.
http://immigrationvoice.org/forum/showthread.php?t=17160
http://immigrationvoice.org/forum/showthread.php?t=17158
http://immigrationvoice.org/forum/showthread.php?t=17157
http://immigrationvoice.org/forum/showthread.php?t=17159
http://immigrationvoice.org/forum/showthread.php?t=16595
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ItIsNotFunny
05-01 12:18 PM
http://www.JUNKasd adsf asdf.com/index.php
http://www.VIRUS .dsfasd fsadfdsaf.com/index.php?mode=viewmonth&month_no=06&year=2007
Please delete the links ASAP......
http://www.VIRUS .dsfasd fsadfdsaf.com/index.php?mode=viewmonth&month_no=06&year=2007
Please delete the links ASAP......
more...
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GCwaitforever
04-03 10:04 AM
24.�Moonlighting� Under EADs
AILA requests clarification on whether an H-1B or L-1 nonimmigrant present in the United States under a valid petition and who moonlights pursuant to an EAD still maintains his H-1B or L-1 status. It is AILA�s belief that an H-1B or L-1 nonimmigrant who maintains employment with his or her petitioner and �moonlights� with a different employer on the basis of an approved EAD continues to maintain his or her underlying nonimmigrant status. Please see the attached Addendum III for AILA�s arguments in support of this position.
Response: We appreciate your request and will take this matter under advisement.
ADDENDUM III �Moonlighting� Under EADs
For many years there has been uncertainty concerning maintenance of status by H-1B and L-1 nonimmigrants with pending applications for adjustment of status who �moonlight� pursuant to an EAD. Some of the confusion in this area is due in part a legacy INS memorandum issued in 1997 in which the Service stated that �after receiving the EAD, the alien may work for any employer desired and is not subject to E, H, or L restrictions. However, such an alien would lose his or her E-1, E-2, H-1B, or L-1 nonimmigrant status by working in open-market employment.�21
AILA believes the language emphasized above merely signals that one would lose his underlying nonimmigrant status by changing employers, rather than by adding one. It is AILA�s belief that an alien who adds an employer does not lose his underlying nonimmigrant status merely by working pursuant to an EAD, which is authorized employment under 8 C.F.R. � 274a.12(c)(9) and INA � 245(c)(8).
The 1997 legacy INS memorandum was issued before the rules were changed in 1999 to permit H-1B and L-1 nonimmigrants to be admitted to the United States pursuant to a nonimmigrant visa or advance parole, and to be employed either pursuant to an approved EAD, or a valid nonimmigrant petition approval.
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
AILA requests clarification on whether an H-1B or L-1 nonimmigrant present in the United States under a valid petition and who moonlights pursuant to an EAD still maintains his H-1B or L-1 status. It is AILA�s belief that an H-1B or L-1 nonimmigrant who maintains employment with his or her petitioner and �moonlights� with a different employer on the basis of an approved EAD continues to maintain his or her underlying nonimmigrant status. Please see the attached Addendum III for AILA�s arguments in support of this position.
Response: We appreciate your request and will take this matter under advisement.
ADDENDUM III �Moonlighting� Under EADs
For many years there has been uncertainty concerning maintenance of status by H-1B and L-1 nonimmigrants with pending applications for adjustment of status who �moonlight� pursuant to an EAD. Some of the confusion in this area is due in part a legacy INS memorandum issued in 1997 in which the Service stated that �after receiving the EAD, the alien may work for any employer desired and is not subject to E, H, or L restrictions. However, such an alien would lose his or her E-1, E-2, H-1B, or L-1 nonimmigrant status by working in open-market employment.�21
AILA believes the language emphasized above merely signals that one would lose his underlying nonimmigrant status by changing employers, rather than by adding one. It is AILA�s belief that an alien who adds an employer does not lose his underlying nonimmigrant status merely by working pursuant to an EAD, which is authorized employment under 8 C.F.R. � 274a.12(c)(9) and INA � 245(c)(8).
The 1997 legacy INS memorandum was issued before the rules were changed in 1999 to permit H-1B and L-1 nonimmigrants to be admitted to the United States pursuant to a nonimmigrant visa or advance parole, and to be employed either pursuant to an approved EAD, or a valid nonimmigrant petition approval.
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
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Maverick1
10-30 12:22 PM
Just got my I-94 updated with the correct dates at the local airport - the CBP officer was very courteous and immediately knew what was to be done.
Thanks for taking time to post the resolution. Should be helpful for others.
Thanks for taking time to post the resolution. Should be helpful for others.
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desi3933
02-11 06:41 AM
Would request you to elaborate a bit.
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
Using H1-B or AP does not make a difference. Filing I-485 implies that you have a residence here in the US.
Having said that, typically, trips outside US that lasts less than 24 hours are not counted. That way, daily trips could be OK. However, may I ask, where do you spend your weekend?
It comes down to this question. Are you residing in US? The burden of proof is on beneficiary (I-485 applicant).
I would suggest that you should consider getting second opinion from a reputed attorney.
Hope that helps.
_______________________
Not a legal advice.
US Citizen of Indian Origin
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
Using H1-B or AP does not make a difference. Filing I-485 implies that you have a residence here in the US.
Having said that, typically, trips outside US that lasts less than 24 hours are not counted. That way, daily trips could be OK. However, may I ask, where do you spend your weekend?
It comes down to this question. Are you residing in US? The burden of proof is on beneficiary (I-485 applicant).
I would suggest that you should consider getting second opinion from a reputed attorney.
Hope that helps.
_______________________
Not a legal advice.
US Citizen of Indian Origin
jkamel5
07-10 03:06 PM
I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?
I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.
Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
Thank you
I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.
Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
Thank you
nonimmi
06-15 03:04 PM
Update -
At Dr. Marcel Stern Walk in accepted. My wife just called me from the Doc., they said it's ok. You may have to sit there for couple of hours. So guys, run......
Thats great! Congrats!! :) Are they charging $350 just for initial checkup or with shots, x-ray??
At Dr. Marcel Stern Walk in accepted. My wife just called me from the Doc., they said it's ok. You may have to sit there for couple of hours. So guys, run......
Thats great! Congrats!! :) Are they charging $350 just for initial checkup or with shots, x-ray??
