santb1975
02-14 03:45 PM
I consulted an Immigration Attorney about this last week and she said getting laid off and being unemployed while 485 approval is pending should be ok. She told me that I have to have a Job with similar Job description and the pay mentioned in the Labor Certification by the time my 485 is ready to be approved
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gcisadawg
02-01 11:05 AM
we all need to fill the survey so that they can at least think about bumping up the priority.
PS: boy, there are lot of anti-immigrants than you'd think on this forum--people giving me RED:(
I'm assuming they'd fill out the survey the other way?
Thanks for the info! I just did and wrote the following..
"Immigration reform is badly needed to fix the broken immigration system. As a law abiding legal immigrant, I have been living in US since 2000. I filed for my Green card (EB3, India) in 2003. I still haven't received my Green card. Realistically, I can expect only in 2017, a solid 14 years after my initial filing. In my profession, technology chances at a rapid pace and 14 years is like several decades. Also, the economy would have several boom and bust cycles during those 14 years. Recession itself is very bad but a legal employment based immigrant goes through a "recession with severe restrictions"....
One has to live through it to understand it...In all this, one thing that keeps me awake is my strong desire to provide a better life for my children and to realize my version of the American dream."
PS: boy, there are lot of anti-immigrants than you'd think on this forum--people giving me RED:(
I'm assuming they'd fill out the survey the other way?
Thanks for the info! I just did and wrote the following..
"Immigration reform is badly needed to fix the broken immigration system. As a law abiding legal immigrant, I have been living in US since 2000. I filed for my Green card (EB3, India) in 2003. I still haven't received my Green card. Realistically, I can expect only in 2017, a solid 14 years after my initial filing. In my profession, technology chances at a rapid pace and 14 years is like several decades. Also, the economy would have several boom and bust cycles during those 14 years. Recession itself is very bad but a legal employment based immigrant goes through a "recession with severe restrictions"....
One has to live through it to understand it...In all this, one thing that keeps me awake is my strong desire to provide a better life for my children and to realize my version of the American dream."
marlon2006
02-04 09:46 AM
I pray that the DOS advances the cut-off dates and get my I-485 approved by March - because I don't get excited at all by these immigration reform bills. There are 12-25 million illegal aliens in this country. 10,000+ crosses the border on daily basis.
I predict that the USCIS will be very, very busy processing guest-worker permits for all those people and my I-485 process would be put on hold again.
ALAN CHOATE AND TYLER PETERSON - Daily Herald
Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.
The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.
U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.
He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.
"That should be done by, I hope, the end of April," Cannon said.
His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.
"The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."
His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.
Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?
Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.
He said the will in the U.S. House is to give states more discretion
I predict that the USCIS will be very, very busy processing guest-worker permits for all those people and my I-485 process would be put on hold again.
ALAN CHOATE AND TYLER PETERSON - Daily Herald
Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.
The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.
U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.
He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.
"That should be done by, I hope, the end of April," Cannon said.
His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.
"The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."
His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.
Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?
Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.
He said the will in the U.S. House is to give states more discretion
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glus
02-15 09:17 AM
Thank you very much. do you know suppose if we go for stamping our visa and for some reason they reject it, can we still enter USA? I am just trying to evaluate different options and the risks in each of them so that we can choose the best that works for us....
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
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horscorp
02-06 07:37 AM
Hello,
My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:
H1b start date: 01-Oct-2004
Perm applied: Jan-2008
Audited Twice: First time because of FRAGOMEN and second time asking for some documents
Perm Status: Pending
Original H1b expiration: 30-Sep-2010
H1B extended because Perm has been pending for more than a year
Current H1b expiration: 30-Sep-2011
I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.
In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.
thanks
My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:
H1b start date: 01-Oct-2004
Perm applied: Jan-2008
Audited Twice: First time because of FRAGOMEN and second time asking for some documents
Perm Status: Pending
Original H1b expiration: 30-Sep-2010
H1B extended because Perm has been pending for more than a year
Current H1b expiration: 30-Sep-2011
I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.
In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.
thanks
getgreensoon1
05-11 02:27 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
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zoooom
10-26 10:27 AM
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
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authrd
07-26 02:09 PM
If they don't specifically ask for all previous I-94 and I-797 to prove lawful presence since first entry, then it's alright I suppose.
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aroranuj
06-16 12:52 PM
I recently asked my employer to provide me with a copy of the I-140 Receipt Notice. The company's attorney told my employer that she strongly recommends not giving me a copy as I could leave work with the I-140 Receipt notice. Is it true that I can't leave work even though it has been past 6 months since my concurrent filing if I dont have a copy of the receipt notice?
Will the approval notice for the I-140 be mailed to me by the USCIS or to our company attorney's? What can I do to make sure that I have all the paperwork required if I were to use AC21?
Thanks.
Will the approval notice for the I-140 be mailed to me by the USCIS or to our company attorney's? What can I do to make sure that I have all the paperwork required if I were to use AC21?
Thanks.
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Siddharta
01-11 11:03 PM
Per Canadian Immigration law, if a person is offered a PR and if thats not used, then that person wont be given another PR the second time. ....
Do you have a link to this info anywhere (official website?)
Do you have a link to this info anywhere (official website?)
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smuggymba
05-12 01:23 PM
I don't mean to hijack the thread and my PD is 2010 anyway but I have a question also.
We know that we need to get all this vaccination thing done during 485 stage and a civil surgeon does that. But do we need to get all this done/verified at our regular physician before we go to the civil surgeon?
All of us have these polio, measles thing done but we don't have a record to show. So does the doc give us new/follow up shots to fulfill the criteria...and we take that to the civil surgeon.
looks like the civil surgeon is just a stamping authority, the real deal has to be done by our doc. Please let me know.
We know that we need to get all this vaccination thing done during 485 stage and a civil surgeon does that. But do we need to get all this done/verified at our regular physician before we go to the civil surgeon?
All of us have these polio, measles thing done but we don't have a record to show. So does the doc give us new/follow up shots to fulfill the criteria...and we take that to the civil surgeon.
looks like the civil surgeon is just a stamping authority, the real deal has to be done by our doc. Please let me know.
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sodh
07-13 12:41 AM
May be someone was right they are load testing
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smaram1
08-12 12:42 PM
you might be correct too...I guess we will never get a definite answer for this...
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pthoko
08-03 10:02 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
more...
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shyamiv
09-20 03:23 PM
Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...
That should not stop you from expressing your opinions and thoughts here in this forum !
That should not stop you from expressing your opinions and thoughts here in this forum !
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RollingStone12
04-25 02:43 PM
1 felony on record;
no FELONIES...
and remember this DUFUS it was US from England that discovered YOUR country...not AMERICANS
So stuff that where it needs to be stuffed
Dont worry its just a matter of time...already your son would have started the itching for second Felony...yes its getting stuffed in the right place. I mean the ICE.
no FELONIES...
and remember this DUFUS it was US from England that discovered YOUR country...not AMERICANS
So stuff that where it needs to be stuffed
Dont worry its just a matter of time...already your son would have started the itching for second Felony...yes its getting stuffed in the right place. I mean the ICE.
more...
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wellwishergc
07-06 12:17 PM
pappu, is there a separate effort on part of IV towards a legal-immigration based bill, where issues such as visa number capture will be taken up? It has been officially reported within the Ombudsman report that 182,694 have gone unused since 2000.
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
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jungalee43
02-17 08:36 PM
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vdlrao
05-02 12:10 PM
Don't go for the ICICI home loan. They are the first ones to increase the interest rate when ever theres a RBI changes the base rate. And the last one to decrease the interest rate when ever there's a base rate change. And some times they don't decrease at all.
They start charging higher interest rate than the fore said rate once you taken the loan from them. On top of it they charge 2% extra for the prepayment amounts. Best is SBI.
They start charging higher interest rate than the fore said rate once you taken the loan from them. On top of it they charge 2% extra for the prepayment amounts. Best is SBI.
MLS
06-19 12:37 PM
I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
edaltsis
10-19 08:19 PM
/\ Bump /\
Why this ^ BUMP ^ message? Is it to increase the number of posts and become a senior ?
Why this ^ BUMP ^ message? Is it to increase the number of posts and become a senior ?
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