psgprasad
02-22 10:32 AM
I had the same problem last year.
1. Attorney Aron Finkelstein in Sheila murthy office helped me out.
This is what we did, We filed an MTR to consider my case in Eb3, with it we also attached a new application for Eb3 and specified in Mtr, to consider our new application if they fail to accept my MTR. My new application for Eb3 was approved.
I cant help you on your EAd and stuff ,as I know your EAD becomes invalid immediately once your 485 is denied, which will be denied if your underlying 140 application is denied.
I would suggest, you contact a attorney soon.
My suggestions are my experience and stuff, I am not an attorney to give you legal advise.
1. Attorney Aron Finkelstein in Sheila murthy office helped me out.
This is what we did, We filed an MTR to consider my case in Eb3, with it we also attached a new application for Eb3 and specified in Mtr, to consider our new application if they fail to accept my MTR. My new application for Eb3 was approved.
I cant help you on your EAd and stuff ,as I know your EAD becomes invalid immediately once your 485 is denied, which will be denied if your underlying 140 application is denied.
I would suggest, you contact a attorney soon.
My suggestions are my experience and stuff, I am not an attorney to give you legal advise.
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anilsal
12-14 09:53 PM
Most of the congressmen hold town hall meetings. This is their method of meeting with constituents.
This may be a great opportunity for you to push for skilled immigration. He may be against CIR. But no congressmen would say "no" to qualified individuals.
Explore opportunities for the congressman to place a bill of his own supporting skilled immigration.
This may be a great opportunity for you to push for skilled immigration. He may be against CIR. But no congressmen would say "no" to qualified individuals.
Explore opportunities for the congressman to place a bill of his own supporting skilled immigration.
whattodo
07-09 10:53 AM
What does AC-21 have to do with verifying out of status? Can you give more details on how AC-21 affected his I-485?
Thanks
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
Thanks
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
2011 Handout 2 middot; Handout 3 (Cartoon
desitechie
06-29 01:58 AM
Thank you so much Elaine for your quick response..
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
Yes. I was told the same by my lawyer.
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
Yes. I was told the same by my lawyer.
more...
NKR
10-09 01:27 PM
i predict the november 2008 visa bulletin will come out on monday, october 13,2008. however, even if all categories will become current, it is still useless as the processing dates of the different service centers have processing times of july 2007. hence, almost everybody will not be able to have their papers processed.
and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.
and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.
JazzByTheBay
08-01 08:38 PM
... would be to outsource the mundane clerical work to a more efficient *on-shore* processing firm, and web-enable most services, remove repetitive submission of same documents with every single application, and provide customer access to his/her immigration profile & docs online (so we don't have to carry around the history of our lives on paper.... wherever we move... ).
jazz
It would probably be OK... but as you've rightly guessed, and given the fact that USCIS hasn't really outlined any plans to demonstrate how the extra money will be spent and whether it will guarantee better and faster service measured by a dramatic reduction in processing times, this money is probably going towards enforcement.
It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).
jazz
jazz
It would probably be OK... but as you've rightly guessed, and given the fact that USCIS hasn't really outlined any plans to demonstrate how the extra money will be spent and whether it will guarantee better and faster service measured by a dramatic reduction in processing times, this money is probably going towards enforcement.
It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).
jazz
more...
tinuverma
03-19 04:23 PM
nice surprise to see there are a few strugglers like me here.
PD: sept 2005.
EAD: approved
I-140: approved.
in OKC metro area.
PD: sept 2005.
EAD: approved
I-140: approved.
in OKC metro area.
2010 The resultant heart disease
swartzphotography
June 25th, 2006, 06:58 PM
i dont know about paying but i shure would take pics of the event lolShow of hands. How many would pay to see Fred streak pushing his baby buggy full of gear?
more...
ireddy
07-18 10:31 AM
Most of my friends (self filing) sent in their applications to reach service center by July 2, haven't received the applications back. According to the USCIS memo yesterday, the last paragraph clearly indicates that the filings received earlier will be accepted and processed... Please see portion of that note below
"USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted."
"USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted."
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gc28262
07-15 09:41 PM
Thank you GC28262,
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
more...
perm2gc
07-13 12:08 PM
I had to generate paystubs for my wife from Jan 07 to May 07 due to recent USCIS goof up. She started working from May 07. However all the paystubs generated ( 5) , have a pay period from 05/01 - 05/31 and pay date is 07/11
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
what do you mean by USCIS goof up...if your wife had job..her employer might have generated pay stubs.The pay stubs your employer generated are illegal as per IRS..Don't try to over smart and send them to USCIS as they are cross checking with IRS.
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
what do you mean by USCIS goof up...if your wife had job..her employer might have generated pay stubs.The pay stubs your employer generated are illegal as per IRS..Don't try to over smart and send them to USCIS as they are cross checking with IRS.
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jetflyer
06-11 01:24 PM
Also depends what is the compensation for the position. As what I see normally (applies to contracting only) any job under $50/hr goes unfilled or takes longer but jobs with $80-$100 gets filled in 2-3 days and creates shortage for those.
May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D
May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D
more...
house heart disease cartoon. heart
qplearn
10-02 03:47 PM
If I-140 is withdrawn by the employer, one can not port the PD.
I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?
I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?
tattoo heart disease cartoon.
MCQ
08-07 05:20 PM
Billboard - i understand your employer's concern - when I used AC21 back in 2003, with EAD, it was a struggle to get employers that would take me on - for similar concerns. I eventually found one, a startup in CA, that would. Their attitude was that their HR people tagged the expiration date of every doc, type of doc and immigration status of every employee they accepted for I-9 purposes, and had it enetered into a database linked to their mail system - every week it would email out to HR a list of docs that would expire for non-citizens and HR then worked with those folks to make sure docs like EAD's were being renewed etc.
A little proactive due diligence, common sense and not so modern technology will easily help keep the employer comliant and more receptive to folk on EAD.
I eventually got my GC from these same guys and this month will file N-400 for citizenship.
McQ
A little proactive due diligence, common sense and not so modern technology will easily help keep the employer comliant and more receptive to folk on EAD.
I eventually got my GC from these same guys and this month will file N-400 for citizenship.
McQ
more...
pictures may cause heart disease
whattodo
05-02 01:30 PM
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
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mdmd10
08-27 05:03 PM
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
I believe the answer to that would be a 'No'.
If your spouse is claiming AOS benefits as a derivative by virtue of being your spouse then that would be the legal claim for those benefits.
However, the divorce would suppress that legal claim and as such there would be no way for the spouse to apply for those benefits as a derivative.
I believe the answer to that would be a 'No'.
If your spouse is claiming AOS benefits as a derivative by virtue of being your spouse then that would be the legal claim for those benefits.
However, the divorce would suppress that legal claim and as such there would be no way for the spouse to apply for those benefits as a derivative.
more...
makeup NHS cartoon by Graham
immm
07-08 07:34 PM
Here is the actual video (watch the first 3 minutes):
http://www.cnbc.com/id/15840232?video=412859221
http://www.cnbc.com/id/15840232?video=412859221
girlfriend They had heart disease in
GC_1000Watt
10-12 04:38 PM
You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
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WeldonSprings
10-14 12:30 PM
I have a few questions on using AP-
1. I have a valid AP till Jan. 04, 2009. I have applied for a new AP in Sept. last week. Can I travel on my current AP which is valid till Jan. 04, 2009 or will I have any problems with I-485, since I cannot travel on current AP, because I have applied for a new one.
2. Next, suppose I travel on my valid AP (the one till Jan. 04, 2009) in November first week and return on Dec. 10, 2008, what date will I get I-84 till? Will I get it till Dec. 09, 2009 or till Jan. 04, 2008. Ofcourse, the officer will stamp 'Parolee' on I-94, but till what date?
3. Have anyone had any bad experience, when boarding airlines at Indian airports, particularly Mumbai- Do they understand what AP documentation is, in lieu of the normal visa on passport?
Please let me know. Thanks in advance.
Renew you AP before Feb 25, 2009. You are usually paroled upto an year from the date of entry.
Yes you can file for AP your self, its as easy as filling out the form.
The stamps having nothing to do with the renewal.
1. I have a valid AP till Jan. 04, 2009. I have applied for a new AP in Sept. last week. Can I travel on my current AP which is valid till Jan. 04, 2009 or will I have any problems with I-485, since I cannot travel on current AP, because I have applied for a new one.
2. Next, suppose I travel on my valid AP (the one till Jan. 04, 2009) in November first week and return on Dec. 10, 2008, what date will I get I-84 till? Will I get it till Dec. 09, 2009 or till Jan. 04, 2008. Ofcourse, the officer will stamp 'Parolee' on I-94, but till what date?
3. Have anyone had any bad experience, when boarding airlines at Indian airports, particularly Mumbai- Do they understand what AP documentation is, in lieu of the normal visa on passport?
Please let me know. Thanks in advance.
Renew you AP before Feb 25, 2009. You are usually paroled upto an year from the date of entry.
Yes you can file for AP your self, its as easy as filling out the form.
The stamps having nothing to do with the renewal.
rameshk
03-16 12:43 PM
Here is an article from yahoo.co.in
US start-up visa bill to boost entrepreneurship - Yahoo! India Finance (http://in.finance.yahoo.com/news/US-start-visa-bill-boost-ians-3069398975.html)
===========================
Washington, March 15 (IANS) Two senior senators have introduced a bipartisan legislation aimed at slowing down the outflow of skilled talent and boost entrepreneurship in the US 'to drive job creation and increase America's global competitiveness'.
Introduced Monday by John Kerry, Democratic chairman, and Richard Lugar, top Republican on the Senate Foreign Relations Committee, the bill adds provisions to last year's draft Startup Visa Act to allow foreign students in US universities and workers on H-1B visas to start companies in the US.
The StartUp Visa Act of 2011 will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified US investor is willing to invest in the immigrant's startup venture.
Under the updated version, the pool of eligible immigrants would now also include holders of H-1B visas and entrepreneurs living outside the US with a market presence in the country.
The new legislation provides visas to the following groups under certain conditions:
First: Entrepreneurs living outside the US - if a US investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000.
Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.
Second: Workers on an H-1B visa, or graduates from US universities in science, technology, engineering, mathematics, or computer science - if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a US investor commit investment of at least $20,000 in their venture.
Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
Third: Foreign entrepreneurs whose business has generated at least $100,000 in sales from the US. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
'Every job-creating American business started as an idea in the mind of an entrepreneur. We need to keep and bring more of those ideas to our shores where they can put Americans to work,' Kerry said.
'Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,' he said.
'We want to establish a way for the smartest and most entrepreneurial individuals in the world to come to the United States and create jobs. Many are already here studying at our great universities,' said Lugar.
'Helping them stay to invest in their ideas and create jobs benefits all Americans.'
US start-up visa bill to boost entrepreneurship - Yahoo! India Finance (http://in.finance.yahoo.com/news/US-start-visa-bill-boost-ians-3069398975.html)
===========================
Washington, March 15 (IANS) Two senior senators have introduced a bipartisan legislation aimed at slowing down the outflow of skilled talent and boost entrepreneurship in the US 'to drive job creation and increase America's global competitiveness'.
Introduced Monday by John Kerry, Democratic chairman, and Richard Lugar, top Republican on the Senate Foreign Relations Committee, the bill adds provisions to last year's draft Startup Visa Act to allow foreign students in US universities and workers on H-1B visas to start companies in the US.
The StartUp Visa Act of 2011 will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified US investor is willing to invest in the immigrant's startup venture.
Under the updated version, the pool of eligible immigrants would now also include holders of H-1B visas and entrepreneurs living outside the US with a market presence in the country.
The new legislation provides visas to the following groups under certain conditions:
First: Entrepreneurs living outside the US - if a US investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000.
Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.
Second: Workers on an H-1B visa, or graduates from US universities in science, technology, engineering, mathematics, or computer science - if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a US investor commit investment of at least $20,000 in their venture.
Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
Third: Foreign entrepreneurs whose business has generated at least $100,000 in sales from the US. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
'Every job-creating American business started as an idea in the mind of an entrepreneur. We need to keep and bring more of those ideas to our shores where they can put Americans to work,' Kerry said.
'Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,' he said.
'We want to establish a way for the smartest and most entrepreneurial individuals in the world to come to the United States and create jobs. Many are already here studying at our great universities,' said Lugar.
'Helping them stay to invest in their ideas and create jobs benefits all Americans.'
Help_Us
05-21 06:37 PM
Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
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