Wednesday, June 8, 2011

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  • div_bell_2003
    03-24 06:56 PM
    Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.





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  • ashutrip
    06-18 10:15 AM
    PERM/LABOR took 1 year for me and a bunch of colleagues in my company.
    hmmm...thats a very good news :(





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  • logiclife
    11-18 12:18 PM
    The problem with premium processing of 485 is that there a procedures in 485, like the FBI namecheck, the Fingerprinting etc, that is perfect recipe for bureaucratic nightmare.

    USCIS is in the Department of Homeland security. That's where I485 starts. Then comes FBI namecheck. That's US dept of Justice. After that, comes the issue of alloting visa numbers. That is US State Department.

    So you have 3 big bodies of US government who have to all work at premium speed IN SYNC with each other, without passing the buck to each other, to make premium processing possible for 485 filing.

    As we all know, USCIS that alone handles I140 petitions took years to implement premium I140. Now if 3 entirely different Departments of US govt were to be asked to harmoniously streamline another procedure, then I guess its wish very less likely to come true, EVEN IF they want it as much as we do.





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  • nixstor
    12-07 10:35 PM
    Please send message to all your friends on your social networking websites like

    Orkut, facebook, myspace etc. I know how much time people spend on orkut.

    Here is a sample message

    Guys,

    Just wanted to let you know, if you are not already aware of the bill that provides relief to the Green Card situation is tied to an appropriations bill by Sen Cornyn. Here are some links that can give you more info about whats going on regarding our future in USA. Express your support over the phone and email.

    Call your senators/congressman. Login and send web faxes asap.

    http://immigrationvoice.org/forum/showthread.php?t=2483

    http://immigrationvoice.org/forum/showthread.php?t=2484

    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46

    You can get senators and congressman for your state and district at senate.gov and house.gov respectively by punching in your zip code.

    Pass this message to your buddies whom you think it would be useful.



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  • kaisersose
    09-17 12:17 PM
    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.

    I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.

    A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.

    The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.

    There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)





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  • jonty_11
    06-28 12:22 PM
    What is IV core plan now that CIR is dead, are we going to pursue our agendas separately from the CIR now..?



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  • saketkapur
    07-27 05:24 PM
    ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)


    Unlawful Presence: Myths and Realities

    Ron Gotcher

    Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.

    A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.

    The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.

    Nonimmigrants are not required to maintain their status after filing for adjustment of status.

    Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.

    It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.

    There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.

    Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.

    Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.

    The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.

    The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.

    There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.

    Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.

    Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.

    Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.

    Ron Gotcher


    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved





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  • engineer
    04-02 02:19 AM
    I am at AOS stage with approved I140, EAD and AP. My PD is Nov 2005 and I am in ROW.

    I got following RFE.

    My original birth certificate doesnot show the name of my mother as local laws in my country don't put mother's name on birth certificate.

    My questions:
    1. How should I answer RFE ?
    2. Who should sign Affidavits ? My parents, grand parents , relatives etc ?
    3. Can anyone send me format of Affidavit please

    I will appreciate your help.

    Thanks,

    Sumbit the following evidence to verify the birth and parentage of [name]

    A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a

    city, or

    A photocopy of a birth certificate issued by the Additional Disctrict Registrar's Office if the person

    named above was born in a village.

    If a birth certificate doesnot list the names of both mother and father, or the child, secondary evidence

    must be submitted to establish parentage. Secondary evidence includes , but is not limited to , copies of:

    medical recors, government-issued identity cards, religious records and/or affidavist from atleast two

    persons alive at the time of birth. The oldest available evidence thats lists the names of both parents

    should be submitted.



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  • sbajaj80
    09-14 09:05 AM
    Our checks were cashed yesterday. Receipt notice date for application is 9/8.





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  • a_yaja
    07-24 01:47 PM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
    There is no such thing as EAD "under his application" or "under my application". If you apply for EAD - you either apply for it with the AOS application (yours or your spouse's) or after the AOS receipt is received. If you apply after applying for AOS, then you need to provide with receipt of AOS (either yours or his). The EAD will be in your name and as far as my knowledge goes it will say "issues on basis of AOS applied as ...".



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  • delhirocks
    06-21 06:09 PM
    I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D

    nice..





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  • supu
    12-05 08:14 AM
    Vishwak,

    Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.

    Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...

    If u dont file CA21 , just make sure , u dont leave and re-enter usa.
    U may expect trouble at the airport.



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  • uscis_prob
    08-15 06:44 PM
    Hi Tom,

    Thanks for the response. I consulted attorney murthy, who advised me to file I-140 & I-485 again , explaining all the facts.

    Attorney just put all the documents of denial, the MTR and the new I-140 application along with 485 with a cover letter that the denial was what we consider is erroroneous, so refiling with a copy of labor. I have to wait and see what happens.

    Its rather a tense moment as I am on my 7th year extension.





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  • priderock
    09-01 05:27 PM
    Congrads!! you seem to be lucky. I noticed that several other of our regular posters have PDs earlier than you and are still waiting. Why do you say 10 years? your PD is 04 so that makes it 5 years :D:D

    I believe they go by RD if the PD is current. My RD is jul 2nd and my application reached them early AM on Jul 2nd.

    Thank you all for the congrats !!



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  • Berkeleybee
    03-22 04:36 PM
    We have prepared a new document for public release analyzing this problem.

    You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.

    It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.





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  • eb_retrogession
    03-23 01:01 PM
    Guys,

    Can we contact Center for Community Change for our cause ?

    I watched their Excecutive Director Deepak Bhargava on CPSAN yesterday on
    a program of Immigrant Rights.

    http://www.communitychange.org/



    Sent out a note to Deepak. Will keep the thread posted with any updates....thanks



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  • dummgelauft
    11-11 12:02 PM
    hey all i can't find where to post a new thread so hopefully I can hijack this quick.

    I called the USCIS number for info but can't speak to an operator.

    My wife is planning on traveling to hawaii in december. She will have her drivers license by then. She has her I-485, I-130, I-765 and some other M109109 (whatever that is).

    she wants to know if its ok for her to travel to hawaii (from florida). it's in the united states so i can't imagine there being an issue. she will be traveling to ohio later that month and to me its the same thing. I'm just trying to get the opinion from someone who would know for sure.

    thanks for any help!

    Hawaii is an outlying US state. Going to Hawaii should be no different than flying between two cities within continental US.





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  • jayram123
    07-18 07:29 AM
    short visits in this case should not reset his 365 day clock. days of this short visit will just not get counted towards the 365 days.


    If I was in your position, I would try getting him here immediately and then try applying for 485 ASAP so he can get his EAD. When you are so close, he doesn't need a new H1.


    I would also bring him up here earlier since medical exam and all that takes some time. You may not be able to do this if you have a really short timeframe.



    Good Luck!!!





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  • kum31
    10-01 09:53 PM
    hi ,

    Here is my situation.

    (employer) -> (middle vendor ) -> prime vendor -> (End client ).

    I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .

    i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.

    is there any way that he can even do this ?

    - Thanks in advance.





    vin13
    10-26 03:35 PM
    Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.

    One thing is for sure, I will never again travel by Air france, BA and Lufthansa.

    I do not see why anyone should not travel on Air France or Lufthansa. You are not changing airports at Paris or Frankfort. So there is no requirement for a visa. It seems to be a simple one.





    sledge_hammer
    06-29 11:37 AM
    ^^^^



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