GCard_Dream
04-05 04:37 PM
That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?
I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.
I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.
I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
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jsb
10-26 03:06 PM
Has anybody changed from Attorney to No Attorney? G-28 form has instructions on how to change an attorney, but there is nothing to cancel it altogether.
vinzak
06-17 12:45 PM
I'm not a lawyer so please don't take my thoughts as the ultimate truth.
It's illegal for you to work on an F1. But it's not illegal for you to be a sleeping partner in a business. So I guess you can setup a company with a citizen/GC partner and sell yr app thru that and collect the proceeds as dividends.
Or you can also register a company in your home country and sell the app through that. So technically u wouldn't be making money in the US.
There are a million ways around these laws. The question is are you gonna make a lot of money? If you are, you can afford lawyers up the wazoo to make yr case.
So pursue yr dreams and stop worrying about silly things like immigration laws if you have a big idea.
For inspiration, look up Phillipe Kahn on wiki. He started working as an illegal immigrant programmer for HP, and became one of the greatest forces in software.
Hope that helps.
It's illegal for you to work on an F1. But it's not illegal for you to be a sleeping partner in a business. So I guess you can setup a company with a citizen/GC partner and sell yr app thru that and collect the proceeds as dividends.
Or you can also register a company in your home country and sell the app through that. So technically u wouldn't be making money in the US.
There are a million ways around these laws. The question is are you gonna make a lot of money? If you are, you can afford lawyers up the wazoo to make yr case.
So pursue yr dreams and stop worrying about silly things like immigration laws if you have a big idea.
For inspiration, look up Phillipe Kahn on wiki. He started working as an illegal immigrant programmer for HP, and became one of the greatest forces in software.
Hope that helps.
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va_dude
06-16 11:56 AM
I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.
If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.
If you really need to check just the status, take an Infopass.
Just my 2 cents.
va_dude
If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.
If you really need to check just the status, take an Infopass.
Just my 2 cents.
va_dude
more...
karanp25
07-30 05:48 PM
FYI: Last year, my wife (Dependent) got her EAD before mine was approved. Like i said, if u start looking for trends (and something that makes sense) the way USCIS works, u will most likely be disappointed.
They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.
I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.
Primary applicant's first.. dependents later.
Any one got approval for their dependents yet?
They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.
I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.
Primary applicant's first.. dependents later.
Any one got approval for their dependents yet?
simple1
05-11 01:49 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
more...
go_gc_way
02-09 12:46 PM
franklin...good thread.
Just would like to request you and others who are responding to this thread...to take a look at the following thread.
http://immigrationvoice.org/forum/showthread.php?t=2700
This is one of the action items , Pappu has requested to participate several times. Can I request you and others who are visiting this thread to take a look and action.
This is going to increase IV membership too.
Just would like to request you and others who are responding to this thread...to take a look at the following thread.
http://immigrationvoice.org/forum/showthread.php?t=2700
This is one of the action items , Pappu has requested to participate several times. Can I request you and others who are visiting this thread to take a look and action.
This is going to increase IV membership too.
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goel_ar
05-23 10:56 AM
Finally got receipt notice of my wife on may 23, 2008.
I thought it is not selected in lottery since we haven't got anything until now.
I thought it is not selected in lottery since we haven't got anything until now.
more...
mhtanim
10-09 12:07 PM
For the past 2 renewals in FL for me it was like that. They will give exactly for 1 year and will have TEMPORARY in red color font.
Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.
Nice... each year they are making money out of you. We will keep paying every year for being legal while illegals will keep driving without any or fake licenses and no insurance. Another great way to make us feel NOT Welcome.
Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.
Nice... each year they are making money out of you. We will keep paying every year for being legal while illegals will keep driving without any or fake licenses and no insurance. Another great way to make us feel NOT Welcome.
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arunkotte
06-04 09:46 AM
Monday, June 4, 2007
2:30 p.m.: Convene and begin a period of morning business.(Morning business at 2:30pm :cool: )
Thereafter, resume consideration of S. 1348, the Comprehensive Immigration Reform Act.
2:30 p.m.: Convene and begin a period of morning business.(Morning business at 2:30pm :cool: )
Thereafter, resume consideration of S. 1348, the Comprehensive Immigration Reform Act.
more...
Lasantha
10-05 12:57 PM
On the flip side, I know people who have gotten selected in DV the very first time. Like you said, that's why it's called a lottery. Anything can happen.
Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.
Well, considering that the new online system has been in operation for the last 2 years, I would hope that all the bugs are already caught and fixed. But they do advise to fille early so that you will avoid the last minute rush.
Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.
Well, considering that the new online system has been in operation for the last 2 years, I would hope that all the bugs are already caught and fixed. But they do advise to fille early so that you will avoid the last minute rush.
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gcdreamer05
04-17 01:17 PM
Yes, absolutely.
Hi Attorney Aruben,
Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?
This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.
If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.
We really appreciate your time and effort for replying to our questions on this forum.
Thanks.
Hi Attorney Aruben,
Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?
This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.
If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.
We really appreciate your time and effort for replying to our questions on this forum.
Thanks.
more...
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jonty_11
07-31 01:54 PM
u have to file 140 for ur old labor..once that get approved....u can interfile the approved 140 onto ur pending 485..(filed with PERM labor/140) and request USCIS to use the PD of the old Labor/140...
Confirm with lawyer...
Confirm with lawyer...
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sivaramakrishna
06-17 04:28 PM
When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do.
When you change your address online(using AR-11 form) , you don't have to send any docs to USCIS.
When you change your address online(using AR-11 form) , you don't have to send any docs to USCIS.
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gcwanter
06-27 08:45 AM
So should i write N/A for a pending 140?
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Chiwere
08-03 02:06 PM
Thanks Alisa for opening this thread.
I am EB3I @ NSC RD 07/25/07
I am EB3I @ NSC RD 07/25/07
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nfinity
07-17 11:08 AM
I have jumped on this a couple times.
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SpookyH1Alien
10-05 06:47 PM
I am a law abiding up-standing Citizen of that country, and that stupid lady was asking me why am I going there. This is like asking somebody why they are going to their house. So, I just gave her a name...now that I look back, I should have said "Mr. Johnny Walker"..since I always pick up a Johnny Walker at the duty free!!..but Dhurandhar Bhadvadekar sounded much more cool...
That is Utpal Dutt's name in the movie Rang birange. That's one of those great comedy movies.
That is Utpal Dutt's name in the movie Rang birange. That's one of those great comedy movies.
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immieb2
09-25 04:55 PM
Good find. I can use this to explain to American friends at work
hopefulgc
09-16 10:22 PM
Please don't lose heart.. hang in there.
What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.
Are you able to locate any precedents to this?
Keep us updated here on this thread.
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.
Are you able to locate any precedents to this?
Keep us updated here on this thread.
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
newlife2
09-19 10:41 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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