beautifulMind
11-03 08:30 PM
The CIR bill is definitely coming back. Obama has mentioned it few times that solving the current immigration problem is one of his highest priority. Now we will need to wait and see what changes they can add to the existent CIR bill to help legals. But I would think most of the bill should remain the same since they have wasted a lot of time and effort in coming up with it
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freddy22
07-17 11:41 PM
misdemeanors can be CIMT's if they involve theft or dishonesty. a single misdemeanor might qualify under the petty offense exception, but because your son now faces a second conviction, the petty offense exception won't apply. One question: are you a naturalized US citizen? If so, your son might actually be a US citizen as well.
does not the INTENT to cause harm or INTENT to steal decide whether its a CMT?
He has on record 1 criminal mischief 4th and 1 petty larceny - he was with other boys when THEY joy rided snowmobiles - he did not steal anything just tagged along with them and rode with them but he did not intend to steal or take anything - both the criminal mischief and petty larceny charges are tied into this incident:
His latest charge will be reduced to a simple TRESSPASS from Burglary 2nd we know that as the DA has already indicated that to us:
So does this information make any difference to your opinion?
I thank you for responding!
He is a green card holder since December 2005 and eligible for filing naturalization in November next year but we have been physically present in the USA from 1999 gained entry legally and changed status while here:
He has no priors to any of this:
He has no convictions in any other country:
His mischief and petty larceny charges for the snow mobile incidents were charged as a youthful offender and sealed supposedly:
He is 19 in November this year:
He has never left the USA for any period of time or vacation or anything
does not the INTENT to cause harm or INTENT to steal decide whether its a CMT?
He has on record 1 criminal mischief 4th and 1 petty larceny - he was with other boys when THEY joy rided snowmobiles - he did not steal anything just tagged along with them and rode with them but he did not intend to steal or take anything - both the criminal mischief and petty larceny charges are tied into this incident:
His latest charge will be reduced to a simple TRESSPASS from Burglary 2nd we know that as the DA has already indicated that to us:
So does this information make any difference to your opinion?
I thank you for responding!
He is a green card holder since December 2005 and eligible for filing naturalization in November next year but we have been physically present in the USA from 1999 gained entry legally and changed status while here:
He has no priors to any of this:
He has no convictions in any other country:
His mischief and petty larceny charges for the snow mobile incidents were charged as a youthful offender and sealed supposedly:
He is 19 in November this year:
He has never left the USA for any period of time or vacation or anything
canleo98
08-09 02:40 PM
My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
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eb3_nepa
10-02 12:33 PM
Hi,
What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.
Can someone please let us know how this I-94 surrendering and numbering works?
What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.
Can someone please let us know how this I-94 surrendering and numbering works?
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tikka
05-31 02:32 PM
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wandmaker
08-26 06:07 PM
Thank you very much for your prompt reply. Greatly appreciate.
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
No way, you will have to ask your employer
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
No way, you will have to ask your employer
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gcbeku
08-10 01:13 PM
Gurus,
A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.
So, what options do we have ?
a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
b) can AC21 approach be used to port this to a EB2 category ?
c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
(I am assuming that EB2-I will be current approximately around this time next year).
Thanks.
A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.
So, what options do we have ?
a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
b) can AC21 approach be used to port this to a EB2 category ?
c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
(I am assuming that EB2-I will be current approximately around this time next year).
Thanks.
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ash0210
11-21 07:06 PM
gc_in_30_yrs, I will file new Labor in PERM with this new job Responsibilites..! :D
I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.
I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.
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485Mbe4001
11-17 12:12 PM
if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
Do you agree with this statement
If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. If there is no reform by January 2008 its not gonna happen.
Thanks
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
Do you agree with this statement
If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. If there is no reform by January 2008 its not gonna happen.
Thanks
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bsbawa10
08-15 12:11 PM
USCIS does not seem to be corrupt. It seems to be running by proxy with no accountability, no follow ups on what they do, and they always make excuses to show that they follow rules ...(which are breakable).
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dtekkedil
07-02 11:52 PM
The Honorable Emilio T. Gonzalez
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
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lost_in_migration
05-14 09:34 PM
/\/\
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sam_hoosier
01-07 11:24 AM
can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
thanks for your replies.
Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.
thanks for your replies.
Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.
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sanprabhu
02-23 01:22 PM
Yes. And they get instate tuition rates too in many states.
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spicy_guy
09-08 10:55 AM
Good atleast we can have jobs, fr..ing last couple of years tired of loosing jobs because of Outsourcing companies. Waiting for GC from 9 years and now struggling to keep the job because of Outsourcing. Big F for OS
If you were in India, you would have asked for more OS. huh?
If you were in India, you would have asked for more OS. huh?
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stirfries
01-29 10:10 AM
My AP is approved on 27th, but I did not receive it so far. I already booked my tickets and have only one day left for my travel.
Would it be safe to travel now? Are there any risks involved in doing so?
Please advice.
Thank you
Hey nrakkati !!!
congrats on your AP approval. I was in the same boat as you are now, a while back...Your situation is very dicey...You can travel now provided someone can mail you the approved AP when they receive the AP at the specified address...The only risk is, if it gets lost in the MAIL, YOU ARE SCREWED !!! USCIS, as a matter of policy, will not reissue a lost AP and would require you to start the AP process from the scratch...
Ofcourse there are alternatives when you get SCREWED that way...:)
If you already made the trip assuming that you would get the AP on hand and if the AP is lost in mail, You can go to the US Embassy in the country that you are visiting,( not US Consulate) and show them the proof of the AP approval and request temporary pass to return back to US...More details on this can be found on researching this forum...
Thanks,
Would it be safe to travel now? Are there any risks involved in doing so?
Please advice.
Thank you
Hey nrakkati !!!
congrats on your AP approval. I was in the same boat as you are now, a while back...Your situation is very dicey...You can travel now provided someone can mail you the approved AP when they receive the AP at the specified address...The only risk is, if it gets lost in the MAIL, YOU ARE SCREWED !!! USCIS, as a matter of policy, will not reissue a lost AP and would require you to start the AP process from the scratch...
Ofcourse there are alternatives when you get SCREWED that way...:)
If you already made the trip assuming that you would get the AP on hand and if the AP is lost in mail, You can go to the US Embassy in the country that you are visiting,( not US Consulate) and show them the proof of the AP approval and request temporary pass to return back to US...More details on this can be found on researching this forum...
Thanks,
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WeShallOvercome
07-30 03:28 PM
Do you get the FP notice by email or snail mail?
snail mail
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tinuverma
03-18 11:45 AM
I am on H1 (8th year - not using EAD which I have) right now and a citizen friend of mine wants me to be involved with his website company. Business would involve subscription based access to website. He has hinted that one thing he is willing to consider is awarding me some percentage share in the company in return for my services as his website is not yet profitable.
If I would like to take that, what is the way to go?
1. Specifically, can someone tell me what I should do - LLC, something else...?
2. How would I pay myself from this without breaking H1-B laws?
3. If tomorrow I wanna close this company as I dont want to keep it for any reason, is there anything I need to be concerned with? Or it's as easy to close as a simple status update, call, etc?
Thanks
T
If I would like to take that, what is the way to go?
1. Specifically, can someone tell me what I should do - LLC, something else...?
2. How would I pay myself from this without breaking H1-B laws?
3. If tomorrow I wanna close this company as I dont want to keep it for any reason, is there anything I need to be concerned with? Or it's as easy to close as a simple status update, call, etc?
Thanks
T
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gcisadawg
04-30 01:37 AM
Man, this guy is a GC holder. He is going to marry a girl in India. At some point, he would become citizen and ask his wife to move with him. This is a natural process. Why is USCIS putting an unnecessary delay of several years by not allowing one's spouse to join him/her? It is beyond my understanding to think how lawmakers missed this simple reasoning!
Sorry, I don't have helpful suggestion for you but am just purely frustrated that a GC holder who wants to start a family can't do whenever he/she is ready.
-GCisaDawg
Sorry, I don't have helpful suggestion for you but am just purely frustrated that a GC holder who wants to start a family can't do whenever he/she is ready.
-GCisaDawg
admesystems
01-10 07:15 PM
I485 through Marriage pending for NC.
I was out of status more than a year when I got married.
Can I apply for advance parole?
Does anyone know anything about it?
I was out of status more than a year when I got married.
Can I apply for advance parole?
Does anyone know anything about it?
NIW
08-31 12:24 PM
Just Ignore him. He thinks foreign workers are cheap labor. My wife recently got Outstanding Resident physician award in a huge urban hospital where she competed with 100% bright and talented American MDs.
Lou! I don't think we have any classes to improve IQ. Its genetic.
Lou! I don't think we have any classes to improve IQ. Its genetic.
