sertasheep
07-26 09:55 PM
Nice.
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sonia_sd
09-24 06:21 PM
I checked the site, couldn't find this info any more, probably its got archived. Thanks for your efforts in letting the group know.
No worries,
go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)
in the above link go locating the following news line, read and enjoy
""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""
No worries,
go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)
in the above link go locating the following news line, read and enjoy
""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""
mundada
11-08 12:56 PM
Hi everyone,
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!
It happened to my parents. They did not know that they had to drop the packet 5 days before the schedule date. While reading on the website, I found out that they need to drop the packet 5 days before. They then dropped the packet at the embassy 3 days before appointment day. On the appointment day, the visa officer rejected the application after asking one question "why you want to go to the USA?". The reason was a standard line -- not enough evidence that you will come back.
I am not sure about the reason of rejection but I think it has to do with not dropping the packet on time.
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!
It happened to my parents. They did not know that they had to drop the packet 5 days before the schedule date. While reading on the website, I found out that they need to drop the packet 5 days before. They then dropped the packet at the embassy 3 days before appointment day. On the appointment day, the visa officer rejected the application after asking one question "why you want to go to the USA?". The reason was a standard line -- not enough evidence that you will come back.
I am not sure about the reason of rejection but I think it has to do with not dropping the packet on time.
2011 Labels: Stars Tattoo
amsgc
04-08 08:34 PM
If it's easy enough, please remove "United States" as a choice in the list of countries.
Then they will pick Afghanistan! :)
Lets encourage people to make a little bit of effort and update the data to reflect the correct PD and Country of chargeability.
Then they will pick Afghanistan! :)
Lets encourage people to make a little bit of effort and update the data to reflect the correct PD and Country of chargeability.
more...
satishku_2000
08-24 04:20 PM
Thanks so much for the info, satishku_2000. That is very good info.
My RFE, which was issued on July 20, 2007, was for my employer's ITR . My lawyer said the deadline is 12 weeks from the RFE date. I think she has not been updated on the new ruling. Now we only have up to next Friday to submit everything. I'm so so worried!!!
If you have access to the RFE from USCIS , try to get a copy of it . It should say how much time you have to respond. They will mention "On or before a date". I dont know if all the services centers have implemented the flex time response for RFE/NOIDs. Be on top of things , just dont let your lawyer or employer say anything else.
My RFE, which was issued on July 20, 2007, was for my employer's ITR . My lawyer said the deadline is 12 weeks from the RFE date. I think she has not been updated on the new ruling. Now we only have up to next Friday to submit everything. I'm so so worried!!!
If you have access to the RFE from USCIS , try to get a copy of it . It should say how much time you have to respond. They will mention "On or before a date". I dont know if all the services centers have implemented the flex time response for RFE/NOIDs. Be on top of things , just dont let your lawyer or employer say anything else.
amsgc
03-31 03:08 PM
This isn't correct Ronnie. Your non-immigrant status does determine whether you are a Resident alien or a non-resident alien for tax purposes.
Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.
Immigration and Tax Filing are not at all related.
Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.
Immigration and Tax Filing are not at all related.
more...
.jpg "My 3 stars tattoo")
neha_garg123
01-08 07:20 PM
You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.
Thanks a lot!!
Thanks a lot!!
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fromnaija
09-14 01:26 PM
This issue was previously discussed here. In that thread I do not agree with user frostrated who stated that he reentered with an AP that was approved while he was outside the US. That may well be the case but I believe if CBP agents at the port of entry were vigilant he would have been refused entry.
http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599409-parole-question-based-on-murthy-com.html#post1975354
http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599409-parole-question-based-on-murthy-com.html#post1975354
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shahsahil
04-17 02:45 PM
So, 10 month is indeed long time.
I will try to follow up with DOL.
Will try to find contact information online, if somone has some webpage link handy, pls pass it on.
-Sahil.
I will try to follow up with DOL.
Will try to find contact information online, if somone has some webpage link handy, pls pass it on.
-Sahil.
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fromnaija
12-09 04:09 PM
According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate.
I will not argue with what your lawyer tells you.
However, because Form I-131 is used for multiple purposes, some of the instructions are applicable to one condition and not to the other. So read the instruction again and you will see that some of the references to sending the document to overseas consulate refers to when it's used as a Reentry Permit, Refuge Travel Document, or as Advanced Parole for humanitarian reasons. For someone who applied for AOS, sorry no such luck.
I will not argue with what your lawyer tells you.
However, because Form I-131 is used for multiple purposes, some of the instructions are applicable to one condition and not to the other. So read the instruction again and you will see that some of the references to sending the document to overseas consulate refers to when it's used as a Reentry Permit, Refuge Travel Document, or as Advanced Parole for humanitarian reasons. For someone who applied for AOS, sorry no such luck.
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tammigaw
02-15 12:16 AM
i have signed non compete , but when i signed it , he explained me that i should not go to the client through some other vendor , but i can join end client as end client has contract with Prime vendor that they can hire me full time .
But now he is claiming that i cant join full time with the client as well.
During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.
Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?
But now he is claiming that i cant join full time with the client as well.
During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.
Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?
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msyedy
12-13 12:35 PM
Cons
(a) How many EB visas will they increase in CIR?...
(b) Will they allow you to file I-485 before your visa number is available.
(c) How stable would be your job be in comming years
(d) What year of your H1 B are you in.
1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)
1a) favourable ... 1b) -- ?????
2) If Eb numbers increase a) allow you to file I-485 to get EAD.
b) Eb num increases but no I-485 until date becomes current.
2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.
2b -- opposite to 2a
3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
current.
b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then
Your decision....
I may be wrong but I need GC quicker
(a) How many EB visas will they increase in CIR?...
(b) Will they allow you to file I-485 before your visa number is available.
(c) How stable would be your job be in comming years
(d) What year of your H1 B are you in.
1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)
1a) favourable ... 1b) -- ?????
2) If Eb numbers increase a) allow you to file I-485 to get EAD.
b) Eb num increases but no I-485 until date becomes current.
2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.
2b -- opposite to 2a
3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
current.
b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then
Your decision....
I may be wrong but I need GC quicker
more...
house rihanna star tattoo
kondur_007
07-30 08:31 PM
I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here
First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.
So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.
Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.
But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.
That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.
The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.
Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.
Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)
Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.
You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.
And one more thing how long does it take generally to get interview once a person has applied for CP ??
I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.
Good Luck.
First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.
So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.
Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.
But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.
That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.
The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.
Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.
Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)
Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.
You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.
And one more thing how long does it take generally to get interview once a person has applied for CP ??
I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.
Good Luck.
tattoo “Tattoos Mistaken” 56 stars on
krustycat
03-11 09:12 AM
Anyone Know How To Start New Thread?
Use New Thread button
http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.
How does USCIS know about salary ?
They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.
485 non-concurrent check list:
1. copy of all of the pages of the Passport (valid for 6 months or longer);
2. Copy of recent I-94, Arrival/Departure Record, front and back side;
3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
4. Copy of I-20 (s), student visa, if applicable;
5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
9. Medical Examination including immunizations in a sealed envelope;
10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
11. Marriage Certificate (original language and translated if language is different than english), if applicable;
12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
13. Photographs (4) from each applicant
IRS also send the w2 information to USCIS? No.
whats the criteria of judging the salary? Is it w-2 or pay stub ?
Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.
Use New Thread button
http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.
How does USCIS know about salary ?
They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.
485 non-concurrent check list:
1. copy of all of the pages of the Passport (valid for 6 months or longer);
2. Copy of recent I-94, Arrival/Departure Record, front and back side;
3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
4. Copy of I-20 (s), student visa, if applicable;
5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
9. Medical Examination including immunizations in a sealed envelope;
10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
11. Marriage Certificate (original language and translated if language is different than english), if applicable;
12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
13. Photographs (4) from each applicant
IRS also send the w2 information to USCIS? No.
whats the criteria of judging the salary? Is it w-2 or pay stub ?
Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.
more...
pictures My 3 stars tattoo
carolva77
05-27 11:50 AM
up
dresses Tribal Tattoos Stars.
swamy
12-13 02:58 PM
Relax guys dont gang up like that - maybe he believes in himself and will actually fight for his rights unlike many here on IV!
dyekek12 - as you can obviously see from above, there are a lot of frustrated souls out here. You are in the wrong forum to pose such q's - this place is filled with a lot of socially challenged tech grads who sit on their asses the whole day tracking bureacracies and complaining like village bellies & then do nothing about it. Your q is best answered by a college counselor or dept head. Pick a school with a good program and see what their grads are doing. Most grads will happily answer q's for you honestly. There are plenty of websites to do your research on - but approaching it as an eb3/eb2 gateway is bad. All of them are screwed up.
dyekek12 - as you can obviously see from above, there are a lot of frustrated souls out here. You are in the wrong forum to pose such q's - this place is filled with a lot of socially challenged tech grads who sit on their asses the whole day tracking bureacracies and complaining like village bellies & then do nothing about it. Your q is best answered by a college counselor or dept head. Pick a school with a good program and see what their grads are doing. Most grads will happily answer q's for you honestly. There are plenty of websites to do your research on - but approaching it as an eb3/eb2 gateway is bad. All of them are screwed up.
more...
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Euclid
03-19 09:43 PM
The firm I work for is also signed up for E-Verify. It's lawyers were cool with the receipt rule. I have also checked this with the international student's office at my grad school. I am absolutely sure this is OK to do.
Remember, that the I-9 receipt rule (and e-verify) is not just for international students. It is also meant for permanent residents and citizens who happen to be waiting for a lost document to be replaced. It is unthinkable that they would be asked to stay at home while the govt agencies mail them their documents.
Your HR is wrong. Find the relevant info on this from the DHS website and fight with them. Remember, unless you plan to work in the HR department, it is probably OK to pick a fight with them. :-)
Remember, that the I-9 receipt rule (and e-verify) is not just for international students. It is also meant for permanent residents and citizens who happen to be waiting for a lost document to be replaced. It is unthinkable that they would be asked to stay at home while the govt agencies mail them their documents.
Your HR is wrong. Find the relevant info on this from the DHS website and fight with them. Remember, unless you plan to work in the HR department, it is probably OK to pick a fight with them. :-)
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Anders �stberg
June 17th, 2005, 05:37 AM
Nik, your pictures look fine to me. I think it's my Magpie that is a bit problematic, on my screen the blacks and greys look a bit washed out in your version,
hairstyles Stars and vine for ladies.
Anders �stberg
July 15th, 2004, 11:00 AM
Spent the afternoon in a small group of trees just next a supermarket, very handy, I just drove the car there and parked in the far corner next to the trees. Next to the parking lot there is a small field where some Swallows were gathering insects for their young. I haven't processed all the pictures yet, just looked up one that I like. What do you think?
http://www.dphoto.us/forumphotos/data/776/75Svala_6541.jpg
http://www.dphoto.us/forumphotos/data/776/75Svala_6541.jpg
eyeswe
09-04 02:25 PM
While I may not subscribe to the theory of no work at CIS, if most cases are pre-adj and so the dates have to move forward, I do believe that the 485 is now essentially a two step process
Step 1: Accepting 485, EAD, AP apps.. with the EAD and AP being optional
You need the PD date to apply to this step 1.
Then comes the prep work for Step 2 ---a spate of FP, Medical, background checks, RFE's and a ton of those beore they can say your case is waiting for Visa number...
And then ..
Step 2 : Your case is now adjudicated . When the visa number becomes available you get the magic card...
If the work for Step 2 for most of the applicants has been done .. then there is no harm in moving the PD to accept more of Step 1 apps... at least that is how my pea sized brain thinks...
They can always control Step 2 through a combo of PD, RD, ND and what not... so while several of 2006,2007 may be current again in 2010, they will only grant GC to one's who fit in their scheme of RD, ND's etc...
Just prophesizing....for 2010
Step 1: Accepting 485, EAD, AP apps.. with the EAD and AP being optional
You need the PD date to apply to this step 1.
Then comes the prep work for Step 2 ---a spate of FP, Medical, background checks, RFE's and a ton of those beore they can say your case is waiting for Visa number...
And then ..
Step 2 : Your case is now adjudicated . When the visa number becomes available you get the magic card...
If the work for Step 2 for most of the applicants has been done .. then there is no harm in moving the PD to accept more of Step 1 apps... at least that is how my pea sized brain thinks...
They can always control Step 2 through a combo of PD, RD, ND and what not... so while several of 2006,2007 may be current again in 2010, they will only grant GC to one's who fit in their scheme of RD, ND's etc...
Just prophesizing....for 2010
sangmami
06-16 07:24 AM
hey guys ,
can any1 tell me how long does it take to get EAD in hand from the date it was filed./and how long does it take to get the I 485 approved under present situation?.In our case the later we get i 485 the better it is for us.Thanks:D
can any1 tell me how long does it take to get EAD in hand from the date it was filed./and how long does it take to get the I 485 approved under present situation?.In our case the later we get i 485 the better it is for us.Thanks:D
