ashkam
12-04 01:42 PM
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
"You are on EAD which is based on an employment based GC application where you have to be employed all the time" : False and for the "duh" part, FAIL.
Also, FAIL for the second paragraph as well.
You can be unemployed while in I-485 pending status as long as you are able to show proof of future employment, if requested by the USCIS. The key phrases being "future employment" and "if requested".
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
"You are on EAD which is based on an employment based GC application where you have to be employed all the time" : False and for the "duh" part, FAIL.
Also, FAIL for the second paragraph as well.
You can be unemployed while in I-485 pending status as long as you are able to show proof of future employment, if requested by the USCIS. The key phrases being "future employment" and "if requested".
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thescadaman
08-28 04:36 PM
Members, please don't raise your guards against IV Core. Especially folks who have attended the DC Rally! People like you who had to Will to attend the Rally know how big of an issue we are facing. We need all the support we can muster right now.
In the past, we had big contribution campaigns as and when some major hurdle was at hand. Such contribution campaigns needed a lot of effort. People had to come up with ways to motivate people to contribute, matching plans, $5 campaigns etc. etc. What IV needs is a continuous flow of funds so that it can constantly work on the lobbying effort without worrying about cash.
As I had mentioned in few other posts, IV had to come up with a way to have a renewable source of funds. Donor forum was the answer. You don't contribute to obtain information. You contribute to support the bigger cause and as a compliment, you get access to Donor forums. This contribution should be accounted as any other expense on your monthly budget (vonage!, cable, EB immigration reform etc.)
Disclaimer: I am not anywhere close to IV Core. I am just a casual member who believes that constant contribution on a monthly basis is a good way to support our bigger goal.
In the past, we had big contribution campaigns as and when some major hurdle was at hand. Such contribution campaigns needed a lot of effort. People had to come up with ways to motivate people to contribute, matching plans, $5 campaigns etc. etc. What IV needs is a continuous flow of funds so that it can constantly work on the lobbying effort without worrying about cash.
As I had mentioned in few other posts, IV had to come up with a way to have a renewable source of funds. Donor forum was the answer. You don't contribute to obtain information. You contribute to support the bigger cause and as a compliment, you get access to Donor forums. This contribution should be accounted as any other expense on your monthly budget (vonage!, cable, EB immigration reform etc.)
Disclaimer: I am not anywhere close to IV Core. I am just a casual member who believes that constant contribution on a monthly basis is a good way to support our bigger goal.
boreal
01-31 06:52 PM
OH boy! USCIS has found a new way of harassing us legal immigrants ;) come on guys! Know how to solve issues. Begin by not creating a thread at IV for such issues. Talk to your utility company folks, see whats happening. Check with your landlord to know why the meter reading is so high..If they have already charge your credit card, dispute it...start by talking with real people on the phone or maybe visit the utility company personally...for God's sake dont show your ignorance like this and give more fodder to SOBs like Matt....please!!
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paskal
11-07 03:30 PM
I am in Birmingham and would like to join the state cahpter.
some of you need to join up and start a state chapter. meeting and discussing it is a great idea. putting faces to names is a big step forward and creates a sense of trust and community.
some of you need to join up and start a state chapter. meeting and discussing it is a great idea. putting faces to names is a big step forward and creates a sense of trust and community.
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satishku_2000
06-08 01:01 AM
well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.
So I say: CIR, RUST in PEACE.
rimzhim , Totally agree with ya ...
So I say: CIR, RUST in PEACE.
rimzhim , Totally agree with ya ...
akhilmahajan
04-23 09:43 AM
I dont think there is any such practise...........
i think the lawyer or your company who filed it, will get all the communication from USCIS...........
so just keep on trying.............
i am not a pro at it, but will like to say, never give up trying.........
i think the lawyer or your company who filed it, will get all the communication from USCIS...........
so just keep on trying.............
i am not a pro at it, but will like to say, never give up trying.........
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sankar_203
04-01 05:54 PM
Why did you not stick with the approved labor with company A, thus retaining the priority date of Nov 2006???
If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.
Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..
If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.
Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..
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gopi246
03-20 11:12 AM
I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
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raj2007
02-18 01:36 AM
Folks,
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
To your old employer
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
For invokig Ac21 doesn't mean you have to use EAD..you can transfer your h1 to new employer.
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
chk above
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
To your old employer
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
For invokig Ac21 doesn't mean you have to use EAD..you can transfer your h1 to new employer.
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
chk above
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purplehazea
05-11 04:36 PM
http://www.npr.org/templates/story/story.php?storyId=5398818
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GCwaitforever
08-15 11:04 AM
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
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vandanaverdia
09-09 01:57 PM
^^^ bump ^^^
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bskrishna
01-02 11:47 AM
I am in the same boat..all the transfer cases are taking a longer time to get FP notices.
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deecha
02-26 12:28 AM
If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
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Lasantha
10-05 11:36 AM
Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.
Yep! Hey who knows? This might be your year too! :D
Yep! Hey who knows? This might be your year too! :D
dresses doom on 21/05/2011.
nixstor
09-11 01:53 PM
OFLC is nothing but a department of the agency (DOL)
http://www.workforcesecurity.doleta.gov/foreign/
OFLC's NPC's in Chicago/Atlanta deals with current Labor applications(PERM) while OFLC's BEC/BPC's(Philly/Dallas) deal with applications from older system.
http://www.workforcesecurity.doleta.gov/foreign/
OFLC's NPC's in Chicago/Atlanta deals with current Labor applications(PERM) while OFLC's BEC/BPC's(Philly/Dallas) deal with applications from older system.
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smiledentist
06-14 01:45 PM
485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
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desireuben
09-19 12:53 PM
really sorry for your experience. I hope everything will come out ok and you will get your passport back with visa stamp.
I am also appearing at mumbai consulate for my 7th year H1B stamping. is that lady's behavior same with other people appearing for visa ? or just for H1 applicant ?
is it your first time H1 stamping ?
I am also appearing at mumbai consulate for my 7th year H1B stamping. is that lady's behavior same with other people appearing for visa ? or just for H1 applicant ?
is it your first time H1 stamping ?
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averagedesi
09-08 01:21 AM
When is your infopass appt?
rghrdr777
08-15 03:11 PM
485 RD - June 25, 2007
485 ND - August 1, 2007 (TSC)
Waiting for fingerprint notice
485 ND - August 1, 2007 (TSC)
Waiting for fingerprint notice
GC9180
06-19 05:59 PM
lets take i got MMR for my primary just two days back...then how can the clinic give me another dose within 2 days?? they cant and they SHOULD NOT. Yes they can do one thing..ask the person to bring proof of next shot the following month.
Well i feel the blood report might say something of that sort...just guessing!!
Well i feel the blood report might say something of that sort...just guessing!!
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