Jimi_Hendrix
12-13 10:40 AM
a level playing field for CIR. This is just an attempt to increase publicity on Enforcement work.
Pile of BS. Go to Home Depot here in California or any other hardware store and you see illegals getting on and off the bus. Waiting around the corner in full public view.
Pile of BS. Go to Home Depot here in California or any other hardware store and you see illegals getting on and off the bus. Waiting around the corner in full public view.
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cvk90
06-24 10:33 AM
I asked this specific question to my lawyers..Its not true that you are OK as long as you file by July 31st...The dates can retrogress for month of July and then you won't be able to file application after that date. (e.g. after 15 July 07)...I am not an attorney myself but this is what was specifically told first hand to me.
ImmiLosers
09-25 01:16 PM
you are no more eligible for H1B extension. h1b extension/transfer are doable as long as you are in h1b.
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gc_on_demand
05-14 11:27 AM
Is there anyone out there pursuing CP and already working in the USA?
In today's economy/job market, it is a nightmare not to have the protection of EAD.
Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?
Any thoughts?
Looking at your PD it will take a while to get green card in either route. CP is great when dates are current so you can easily get GC . but when dates are not current AOS is good becasue dependetns can get EAD and also little more security than not having EAD.
CP is done by Dept of State ( Consular Post ) and AOS is by USCIS. They are totally different agency under umbrella of DHS. CP cannot get benefit of EAD.
For you it will not be easy to be in both place now. It will be option for person lets say like me whose date never became current and I when I filled I 140 I mentioned CP. I think it take 1 year to route your application to Consular post. so later if my dates become current and my application is not at consular ( Means I am not going to get interview ) I can file AOS. But person already have file CP for more than year then if dates become current he / she will get interview.
For mumbai consulate there is option for AC I 140. where consular accept Attorney certified copy of I 140. So if I believe that my PD will become current in coming 2-3 months then I can file I 824 and ask to route my I 140 to Mumbai for CP. which takes 1 year atleast to finish . but in meanwhile my date become current I can take receipt notice of I 824 and go with attorney certified copy of I 140 and they can grant me visa. But it needs very sound planing of when date become current. ( Which is not possible in current environment ). If dates are current for a long time CP is good.
Now you dont have even option to get EAD so I would say stick with CP.
In today's economy/job market, it is a nightmare not to have the protection of EAD.
Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?
Any thoughts?
Looking at your PD it will take a while to get green card in either route. CP is great when dates are current so you can easily get GC . but when dates are not current AOS is good becasue dependetns can get EAD and also little more security than not having EAD.
CP is done by Dept of State ( Consular Post ) and AOS is by USCIS. They are totally different agency under umbrella of DHS. CP cannot get benefit of EAD.
For you it will not be easy to be in both place now. It will be option for person lets say like me whose date never became current and I when I filled I 140 I mentioned CP. I think it take 1 year to route your application to Consular post. so later if my dates become current and my application is not at consular ( Means I am not going to get interview ) I can file AOS. But person already have file CP for more than year then if dates become current he / she will get interview.
For mumbai consulate there is option for AC I 140. where consular accept Attorney certified copy of I 140. So if I believe that my PD will become current in coming 2-3 months then I can file I 824 and ask to route my I 140 to Mumbai for CP. which takes 1 year atleast to finish . but in meanwhile my date become current I can take receipt notice of I 824 and go with attorney certified copy of I 140 and they can grant me visa. But it needs very sound planing of when date become current. ( Which is not possible in current environment ). If dates are current for a long time CP is good.
Now you dont have even option to get EAD so I would say stick with CP.
more...
upuaut
09-10 04:18 AM
you know.. I meant to do this a while ago, but lost track of the thought. I have a write up in one of my books, done by Colin Moock, in which he takes his frame rate tester and tests a variety of things to see which effect frame rate and to what degree. I really do think it's worth posting. I'll try to do a small write up on the subject soon.
garybanz
01-08 10:14 AM
Folks,
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
My contract with my desi consultant basically says
"Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.
In particular, I will not:
(i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or
(ii) Divert or attempt to divert business away from Employer;"
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
My contract with my desi consultant basically says
"Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.
In particular, I will not:
(i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or
(ii) Divert or attempt to divert business away from Employer;"
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
more...
desi3933
05-13 06:51 AM
....
Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?
.....
It will be helpful if your I-140 is canceled or revoked by your ex-employer. If not, please request ex-employer to do so.
Unless canceled (or revoked) I-140 is valid for lifetime and can be used to file I-485 anytime (as long as permanent job offer is available). By having canceled I-140, it can not be used against you in judging your immigrant intent.
Good Luck.
____________________
Not a legal advice.
Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?
.....
It will be helpful if your I-140 is canceled or revoked by your ex-employer. If not, please request ex-employer to do so.
Unless canceled (or revoked) I-140 is valid for lifetime and can be used to file I-485 anytime (as long as permanent job offer is available). By having canceled I-140, it can not be used against you in judging your immigrant intent.
Good Luck.
____________________
Not a legal advice.
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retropain
09-07 03:48 PM
I guess a lot of folks (including me) have not had the opportunity to file for the 485. And most of the folks who did file 485's have already been approved.
more...
northedman
02-21 01:23 AM
Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.
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eb2dec2005
08-18 11:17 AM
hi,
I am in the same boat too. After liivng at the same place for more than 3 yrs,I have now decided to move on to new place, closer to work and to the kids school.
I am no longer with the employer through whom i filed the GC. Iam currently working on EAD as a permanent employee with a new company.(i haven't used AC21 either).
I don't want to file an AR11 with USCIS for address change.
Can somebody suggest as to what options i have regarding forwarding of mails from USCIS?
Thanks,
I am in the same boat too. After liivng at the same place for more than 3 yrs,I have now decided to move on to new place, closer to work and to the kids school.
I am no longer with the employer through whom i filed the GC. Iam currently working on EAD as a permanent employee with a new company.(i haven't used AC21 either).
I don't want to file an AR11 with USCIS for address change.
Can somebody suggest as to what options i have regarding forwarding of mails from USCIS?
Thanks,
more...
ramhs
02-06 11:58 PM
First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.
In 2004 when my spouse's H1 was transferred my H4 was not transferred as it was still valid. Two months later when my H4 expired we renewed it. Later we travelled to India in 2005, got both H1 and H4 stamped, returned without any questions being asked. I think for H4, the need for renewal comes when the I94 expires, not when the H1 is transferred, because the new I94 will also have same number if it had not expired .
In 2004 when my spouse's H1 was transferred my H4 was not transferred as it was still valid. Two months later when my H4 expired we renewed it. Later we travelled to India in 2005, got both H1 and H4 stamped, returned without any questions being asked. I think for H4, the need for renewal comes when the I94 expires, not when the H1 is transferred, because the new I94 will also have same number if it had not expired .
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maddipati1
02-04 05:48 PM
i have applied for AP 3 months back for myself (primary) and my wife. we got wife's AP 3 weeks back. not even LUD on mine. so i faxed expedite request on Jan26th.
Got a letter 2 days back saying,
' this aknowledges ur expedite fax. we have been unable to locate any record of a decision made on ur case. if u desire, u can file a duplicate application'.
they asked to send dup application with a 'Attention: Do not open in mailroom, deliver to co-ord supervisor'.
they also enclosed an bright orange letter for expedite proc and asked me to place on top.
the header of this orange letter reads 'Attachment 4: NSC has determined that ur appl previously submitted cannot be located :-( therefore u r requested to file a duplicate'.
im guessing in the pile of apps, they couldnt fetch mine :-(
i kinda ignored this letter and been preparing for H1 stamping back home. took VFS appointment, plane tix, what not.
to top all this, yesterday there was soft LUD on my case and again another one today.
so i am guessing they located my application and started working on it.
i have seen in case of my wife's AP and another one on the forum, few days before AP approval, u get soft LUDs 3/4 times and then the status changes to 'document mailed to applicant'.
while i still have H1 back-up plan, im hoping my AP will get approved in 2/3 days.
Got a letter 2 days back saying,
' this aknowledges ur expedite fax. we have been unable to locate any record of a decision made on ur case. if u desire, u can file a duplicate application'.
they asked to send dup application with a 'Attention: Do not open in mailroom, deliver to co-ord supervisor'.
they also enclosed an bright orange letter for expedite proc and asked me to place on top.
the header of this orange letter reads 'Attachment 4: NSC has determined that ur appl previously submitted cannot be located :-( therefore u r requested to file a duplicate'.
im guessing in the pile of apps, they couldnt fetch mine :-(
i kinda ignored this letter and been preparing for H1 stamping back home. took VFS appointment, plane tix, what not.
to top all this, yesterday there was soft LUD on my case and again another one today.
so i am guessing they located my application and started working on it.
i have seen in case of my wife's AP and another one on the forum, few days before AP approval, u get soft LUDs 3/4 times and then the status changes to 'document mailed to applicant'.
while i still have H1 back-up plan, im hoping my AP will get approved in 2/3 days.
more...
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cygent
07-02 03:00 PM
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
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richardl609
09-28 08:11 AM
hi i got an RFE for ability to pay, my pay was 55K ( it had to be 66K ) last year 2006 on my W2, my RFE asked me on ability to pay where my labor was approved on feb2006, so i had to show that my employer has the ability to pay till date.
So my lawyer, wrote a simple letter to the USCIS, that my current paystubs shoed that my employer is paying me the salary ( i have it on 66K this year 2007 ) also he sent my employers tax records, he has a good profit, and then my 2 recent paystubes & my last years w2
i Just got approved
hope this helps
So my lawyer, wrote a simple letter to the USCIS, that my current paystubs shoed that my employer is paying me the salary ( i have it on 66K this year 2007 ) also he sent my employers tax records, he has a good profit, and then my 2 recent paystubes & my last years w2
i Just got approved
hope this helps
more...
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sreedhar23
07-05 11:33 AM
Not a word said about this I485 fiasco on the two mostly watched networks (CNN, ABC). Why can't we try to get their attention in this matter. Please suggest ways of getting this published in the above networks.
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good idea
10-25 11:14 AM
If they can be shared with everyone, I am sure they would. But, if I were you and have an option to port to EB2, I 'd probably do that.
If porting going to cost you,you may want to wait till Jan , which is only 3 months away.
As per current situation for EB3 I, without spill over reaching to EB3, its difficult to have hope that something good can happen until something like visa recapture HR 5882 happens. So, there is nothing to loose to wait till Jan 2010 & believing that IV Admin & Seniors are have plans to initiate or have already initiated something.
I googled for 'Immigration bill in Jan 2010', and got News for Immigration bill (http://www.reuters.com/article/politicsNews/idUSTRE5765Y420090807), if that is what Admin has referred in his post; (my words can put me in bad list of admin), but still I would say that Admin is very (over) optimistic, If I am not wrong but that's elections year and in other posts IV members have different views about response to this bill in election year.
My GC is just stared, and PD for EB3 I is 2001, I am 8-9 years behind and GC PD calculator of IV shows my PD to be current in 2032 , so may be I am over pessimistic.
If porting going to cost you,you may want to wait till Jan , which is only 3 months away.
As per current situation for EB3 I, without spill over reaching to EB3, its difficult to have hope that something good can happen until something like visa recapture HR 5882 happens. So, there is nothing to loose to wait till Jan 2010 & believing that IV Admin & Seniors are have plans to initiate or have already initiated something.
I googled for 'Immigration bill in Jan 2010', and got News for Immigration bill (http://www.reuters.com/article/politicsNews/idUSTRE5765Y420090807), if that is what Admin has referred in his post; (my words can put me in bad list of admin), but still I would say that Admin is very (over) optimistic, If I am not wrong but that's elections year and in other posts IV members have different views about response to this bill in election year.
My GC is just stared, and PD for EB3 I is 2001, I am 8-9 years behind and GC PD calculator of IV shows my PD to be current in 2032 , so may be I am over pessimistic.
more...
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nomi
09-21 04:24 PM
If you have master degree and you are from india then there is long long wait time.
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tcsonly
09-24 03:53 PM
CIS doesn't check FICO scores.
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mariusp
07-14 12:29 PM
Could be a DV case, could be family based, could be immediate family, could be anything. In fact EB cases are only about 200k out of 1,2 mil GCs issued last year (see immigration-law.com for a recent statistic). Backlogged does not mean unavailable.
i don't know if its an EB 485, but even FB are very backloged.
i don't know if its an EB 485, but even FB are very backloged.
punjabi77
08-10 01:17 AM
Hi Everyone,
Dont know if anyone thought about this or not.
I know so many people have switched their previous employer who actually filed for GC.
The employer also had the GC cost deducted from the employees salary.
Now my situation is the same.
I no longer work for the previous employer and my offer letter does say that employer will cover the cost of GC.
but what actually happened is something that happened with so many people.
Now since i dont work for that employer is it appropriate to ask the employer to reimburse me the GC cost as it was mentioned in the offer letter that employer will pay for the GC processing?
BTW.. my 485 is filed and i do have my EAD
let me know if someone has more information about it.
Dont know if anyone thought about this or not.
I know so many people have switched their previous employer who actually filed for GC.
The employer also had the GC cost deducted from the employees salary.
Now my situation is the same.
I no longer work for the previous employer and my offer letter does say that employer will cover the cost of GC.
but what actually happened is something that happened with so many people.
Now since i dont work for that employer is it appropriate to ask the employer to reimburse me the GC cost as it was mentioned in the offer letter that employer will pay for the GC processing?
BTW.. my 485 is filed and i do have my EAD
let me know if someone has more information about it.
kishdam
03-09 08:25 PM
G-28 is for attorney representation - if a registered attorney is representing an applicant we give the authoraization so that USCIS deal directly with attorney. I am not sure if there is anything like "G-28 Self". In case where we already filed G-28 and gave authorization to one attorney - changing it to another attorney seems a bit straight forward - send a new G-28 and request to supersede it with earlier one. But just cancelling the earlier one so we represent ourselve seems a bit grey. But its just my understanding if anyone has done self representation and successfull changed G-28 - please let all of us know.
(Note: I am thinking of going with lawyer just for this G-28; my old employer may not revoke approved I140 so I was thinking of not sending AC21 letter; but want to change the lawyer representation so that any communication will get to me; no lawyer is offering just this everyone I talked to are clubbing G-28 with AC21 and charging accordingly)
(Note: I am thinking of going with lawyer just for this G-28; my old employer may not revoke approved I140 so I was thinking of not sending AC21 letter; but want to change the lawyer representation so that any communication will get to me; no lawyer is offering just this everyone I talked to are clubbing G-28 with AC21 and charging accordingly)
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