legal_la
06-25 03:39 PM
Guys,
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.
May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.
May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.
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NolaIndian32
02-13 02:03 PM
This is one IV you don't want to be left without: IV - Immigration Voice, working for the Employment Based Legal Immigrant Community
purplehazea
01-14 11:57 AM
Dude what are you talking about? The only thing that is linked to Feb 15 is that provision that IV is proposing for 485 filing/H1B increase.
As per immigration-law.com:
01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline
* Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
* As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned.
Nowadays immigration-law has more up to date information.
As per immigration-law.com:
01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline
* Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
* As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned.
Nowadays immigration-law has more up to date information.
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lostinbeta
10-20 02:28 AM
Edwin used Painter and Photoshop to make that image.
I think the latest one is Painter 7.
I am sure you learned from other people too calaway:)
I think the latest one is Painter 7.
I am sure you learned from other people too calaway:)
more...
dealsnet
08-04 01:31 PM
If he is willing to co-operate, she can file. If she file without his permission, he can cancel her petition any time before adjudication. The petition have the validity until the divorce. If he is not supporting with her GC, nothing can be done. She will loose her H4 status also. She need to find some other way to be in staus like, Student visa, her own H1B, marry a citizen, H1B.
Hi all,
One of my friend is separated (not divorced) from her husband.
can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution
Hi all,
One of my friend is separated (not divorced) from her husband.
can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution
thepaew
12-14 09:23 AM
Hi
The most common RFEs are w.r.t.:
1. Ability to Pay
2. Qualifications
I've received RFEs for my picture not conforming to their quality standards. It could also be that a document was missing. Do not stress out. It could be something minor.
Best of Luck
I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
The most common RFEs are w.r.t.:
1. Ability to Pay
2. Qualifications
I've received RFEs for my picture not conforming to their quality standards. It could also be that a document was missing. Do not stress out. It could be something minor.
Best of Luck
I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
more...
leo2606
11-21 05:51 PM
Fee : $305.00
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
2010 time will heal quotes,
legal_la
06-25 03:39 PM
Guys,
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.
May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.
May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.
more...
rajarao
09-11 11:06 AM
The trend here clearly shows- how bad is this broken LEGAL immigration system. NSC send only receipts, TSC sends EADs but no receipts. People with 2005 prioritry date get their GCs (some reported EB-2 cases from India that got GC in July, because prioroty dates were current), but the next month goes back to unavailable and then to Apr 04 (Sept visa bulletin) and then may go back to stone ages (some predict 2003- for October bulletin).
Isn't this time for fixing the system- legally?.. IV is doing its best- kudos to IV and hope the eyes of US govt open up. It should not be hit or miss and your fate should not be decided by lottery- there is whole different category for that.
Isn't this time for fixing the system- legally?.. IV is doing its best- kudos to IV and hope the eyes of US govt open up. It should not be hit or miss and your fate should not be decided by lottery- there is whole different category for that.
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raysaikat
07-08 12:10 PM
yes,
You have to wait until your priority date becomes current to apply your dependent's 485. And for that she needs to be in US and for this you need to have valid H1 so that she can get H4 if she is already not in US and doesn't have any VISA.
If you don't have H1 and she can't come unless she can come on H1 (herself) or Business VISA.
For some reason, if she couldn't land in USA before your GC approval, but if got married before the GC Approval, then you should submit one form(I am not sure which one some on 800 series).
I think it is not quite correct. The dependent should be able to do consular processing if she is not in US.
You have to wait until your priority date becomes current to apply your dependent's 485. And for that she needs to be in US and for this you need to have valid H1 so that she can get H4 if she is already not in US and doesn't have any VISA.
If you don't have H1 and she can't come unless she can come on H1 (herself) or Business VISA.
For some reason, if she couldn't land in USA before your GC approval, but if got married before the GC Approval, then you should submit one form(I am not sure which one some on 800 series).
I think it is not quite correct. The dependent should be able to do consular processing if she is not in US.
more...
arnet
09-15 01:18 PM
if they take the bill, they might listen to us and include our provisions in this bill because our provisions are part of the CIR bill which they passed it.
but they will make changes to 'secure act' and pass it in such a way it goes to conference committee (big chance of this going because senate wants 370 miles fence, house wants 700miles) and they wont have time for that committee now, so they will work on it next yr after elections. again after elections, it is diff game as you said. anyhow we caught in the middle of their game.
Now that the "Secure Fence Act" has been approved in the house, will senate take on this bill and pass its own version? Has there been any indication at all from the senate leadership that they intend to pass something similar and if so, when? The reason I ask is that I strongly believe that if this bill were to taken on by the senate then our friendly senators like Specter might include some relief for us. This is the only chance I can see this year and next year is a whole different ball game.
but they will make changes to 'secure act' and pass it in such a way it goes to conference committee (big chance of this going because senate wants 370 miles fence, house wants 700miles) and they wont have time for that committee now, so they will work on it next yr after elections. again after elections, it is diff game as you said. anyhow we caught in the middle of their game.
Now that the "Secure Fence Act" has been approved in the house, will senate take on this bill and pass its own version? Has there been any indication at all from the senate leadership that they intend to pass something similar and if so, when? The reason I ask is that I strongly believe that if this bill were to taken on by the senate then our friendly senators like Specter might include some relief for us. This is the only chance I can see this year and next year is a whole different ball game.
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telekinesis
09-05 02:40 AM
No dissing the Pixel Stretch, ya'll betta recognize, my Splash would look even cr@pier without the pixel stretch!
more...
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javadeveloper
07-21 12:44 AM
thanks tinamatthew for your time and answers,
yeah it's fair law for those who re enters into usa , but not for those who lived in US for many years and have few gaps in employment.Anyhow it's a real scenario and it's my case.I gave all W2s to my company and I am not sure whether they submitted all the W2s or not , I need to check with them.I am much worried about how to proceed if my company sends all w2s to CIS and if CIS sends me RFE/NOID.I am also in dilemma to whether to consult any lawyer or not (My company uses corporate lawyers and I can't contact them directly) , even if contact any good lawyer , I am not sure if i have any options left.There are many unanswerd questions :mad: .Thanks again.
yeah it's fair law for those who re enters into usa , but not for those who lived in US for many years and have few gaps in employment.Anyhow it's a real scenario and it's my case.I gave all W2s to my company and I am not sure whether they submitted all the W2s or not , I need to check with them.I am much worried about how to proceed if my company sends all w2s to CIS and if CIS sends me RFE/NOID.I am also in dilemma to whether to consult any lawyer or not (My company uses corporate lawyers and I can't contact them directly) , even if contact any good lawyer , I am not sure if i have any options left.There are many unanswerd questions :mad: .Thanks again.
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Desi Unlucky
09-22 06:37 AM
I'm pledging that i would get two more members added in a week's time. Would like to see that all the other 5990 members take a similar pledge. There were 3 threads started in the last couple of days "Welcome to new members", "Immigration voice needs your help", "Goal: Bring atleast one new member". I observed that the last posted thread shows up as the first hyperlink on the right side when someone logs into iv.org and was dreaming that either of the above mentioneed threads will be the most active threads. But soon realised and sadened that it is not the case. The current energy levels of the members (but for a handful) are not really encouraging.
If each one of us are not able to get another member not registered, then i doubt if we could convince the law makers and the govt to make changes to alleviate our misery.
One thing is for sure it has not been easy getting new members registered. I sent an email to 10 of my friends who are in the same boat as me asking them just to register. Here are the statistics.
2/10 got registered after reading my mail.
4/10 got registered after me making phone calls, explaining things, asking them few questions such as do you know what is CIR, do you know u can retain your PD after I140, do you know abt cross chargeabilty, do you know that a group of 4 people started this and now it's 6000...........
At the end of the conversation they seemed interested in registering and got registered.
Working on the remaining 4.
Bottom line it definitely involves some effort. Just do not leave it after sending an email. And also do not limit yourself to getting 1 member, get as many as you can.
Core group if you endorse this goal then we can make a quick reality check abt our (all the 5990 members) will and resolve and see where we are. (i'm sure u will as this is in line with your current objectives, i'm specifically asking abt the time frame whether it should be a week or 10 days or.....)
Keep the pledges and registrations coming !!!!!!!
If each one of us are not able to get another member not registered, then i doubt if we could convince the law makers and the govt to make changes to alleviate our misery.
One thing is for sure it has not been easy getting new members registered. I sent an email to 10 of my friends who are in the same boat as me asking them just to register. Here are the statistics.
2/10 got registered after reading my mail.
4/10 got registered after me making phone calls, explaining things, asking them few questions such as do you know what is CIR, do you know u can retain your PD after I140, do you know abt cross chargeabilty, do you know that a group of 4 people started this and now it's 6000...........
At the end of the conversation they seemed interested in registering and got registered.
Working on the remaining 4.
Bottom line it definitely involves some effort. Just do not leave it after sending an email. And also do not limit yourself to getting 1 member, get as many as you can.
Core group if you endorse this goal then we can make a quick reality check abt our (all the 5990 members) will and resolve and see where we are. (i'm sure u will as this is in line with your current objectives, i'm specifically asking abt the time frame whether it should be a week or 10 days or.....)
Keep the pledges and registrations coming !!!!!!!
more...
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ashwinicool67
04-29 01:30 PM
If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.
You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.
You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.
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cdeneo
03-30 03:41 AM
What is the best way to change representation of one's case from the company lawyer to Self? Also, how long does it take for this change to take effect?
I am in a similar situation as mentioned on this thread and would like any communication regarding my case from USCIS to come to me and not the lawyer who filed my I-485 since I am leaving my current employer.
Any insight into how to tackle this would be very helpful. Thanks!
Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer
I am in a similar situation as mentioned on this thread and would like any communication regarding my case from USCIS to come to me and not the lawyer who filed my I-485 since I am leaving my current employer.
Any insight into how to tackle this would be very helpful. Thanks!
Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer
more...
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vxg
07-25 05:48 PM
So, did you have to redo PERM for the manager's position or did your older PERM fly?
No i did not do PERM i got my labor from BEC after a long two year wait and i happily kept it. I think a lot depends upon how you lawyer and employer handles it. My lawyer says even now i can change job and get promoted if job responsibilities are similar.
No i did not do PERM i got my labor from BEC after a long two year wait and i happily kept it. I think a lot depends upon how you lawyer and employer handles it. My lawyer says even now i can change job and get promoted if job responsibilities are similar.
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belmontboy
06-20 08:30 PM
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
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ddanait
02-07 03:21 PM
Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.
raj2007
06-21 03:52 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
You should get RFE but rules are changing all the time. If you are not sure file 2nd I-140 with EB3.
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
You should get RFE but rules are changing all the time. If you are not sure file 2nd I-140 with EB3.
Aah_GC
06-06 09:13 PM
Don't worry about your I140 getting revoked, AC21 is built for your career, security and comfort keeping in mind the USCIS delays. Go ahead and use it and Good luck. Make sure you are careful with SOC codes, and do a good job of keeping your status and career in accordance with the rules. The rest will take care of itself.
If you are sure about your I140 getting revoked, make sure you let USCIS know of your AC21 portability. Good luck.
If you are sure about your I140 getting revoked, make sure you let USCIS know of your AC21 portability. Good luck.
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