eb3_nepa
09-21 11:56 PM
Call Harrisburg. They will be able to "expedite" the request.
wallpaper Marie Antoinette
sprash
10-15 04:00 PM
I saw the suggestion of asking lawyer to send AP while you travel to India without it. Although it sounds like a good idea but could be dangerous. I had a situation last year when I travelled to India with AP applied for but not approved. Unfortunately i had my old passport and visa damaged in India. When my lawyer wanted to expedite AP so that i can travel back as my old Visa was damaged and the only way to travel back was to use AP, they found out USCIS has issued an RFE on AP. Though RFP was trivial and they only wanted a clear copy of first page of passport and AP was approved immediately when it was submitted.
I agree. This is very risky. I had applied for AP way back in June '08 and while my wife got her AP in AUG, mine was happily ignored till used DHS 7001 to escalate my case. I ultimately received an RFE saying that I did not include photos (which I know 100% sure I did ... they probably lost them). 3 Soft LUDs since they've received my photos, but no approval yet. I might be canceling my trip to India that commences on thanksgiving weekend if it does not come in time.
I agree. This is very risky. I had applied for AP way back in June '08 and while my wife got her AP in AUG, mine was happily ignored till used DHS 7001 to escalate my case. I ultimately received an RFE saying that I did not include photos (which I know 100% sure I did ... they probably lost them). 3 Soft LUDs since they've received my photos, but no approval yet. I might be canceling my trip to India that commences on thanksgiving weekend if it does not come in time.
GotGC??
06-21 09:22 AM
Any idea what constitutes a "simple, str forward" case? At 485 stage, what are the things that could potentially make it a more complicated case?
Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.
Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.
2011 Remember that Marie Antoinette
clif
06-15 01:35 PM
Experts, Please advice on this :
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?
Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.
Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?
Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.
Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
more...
mmanurker
04-13 11:48 AM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
DallasBlue
07-15 12:01 AM
Conference call for the TX state chapter every first and third sunday at 3pm cst of the month.
Dial-In #: 1-218-486-1300
Bridge:
Thanks
Dial-In #: 1-218-486-1300
Bridge:
Thanks
more...
chanduv23
09-10 07:54 AM
Though there are companies that do have ethics - most of these people have exploited their employees and continue to behave unethically - they drive expensive cars and behave with arrogance on face of their employees who are working hard and earning for these cayotes.
These cayotes have this love affair with Attorneys - and they have this common protocol on how to handle their employee.
As long as the community is scared - wants to lie low and not want to rise - we will still be in this situation.
IV HAS PROVIDED AN EXCELLENT PLATFORM FOR ALL THE PEOPLE TO COME FORWARD.
I would recommend that IV members who are affected by such cayotes must utilize the resources IV has provided and try to get more media attention.
I encourage people to do youtube videos using hidden cameras when their employers are trying to talk or do dirty deals.
Write blogs, make all this visible.
These cayotes have this love affair with Attorneys - and they have this common protocol on how to handle their employee.
As long as the community is scared - wants to lie low and not want to rise - we will still be in this situation.
IV HAS PROVIDED AN EXCELLENT PLATFORM FOR ALL THE PEOPLE TO COME FORWARD.
I would recommend that IV members who are affected by such cayotes must utilize the resources IV has provided and try to get more media attention.
I encourage people to do youtube videos using hidden cameras when their employers are trying to talk or do dirty deals.
Write blogs, make all this visible.
2010 Marie Antoinette;
life99f
05-14 07:02 PM
Thank you!
more...
snathan
06-20 09:45 PM
^^^^^^^^^^^
hair Marie Antoinette-inspired
saileshdude
06-25 12:55 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
more...
zoooom
03-17 01:40 PM
As far as I know there is no limitation on the size of the company. As long as they are a stable and sound company you are good to go.
hot a Marie Antoinette style
glus
08-01 10:18 AM
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
Put her status as H4. She is in H4 until October 2007 (assuming you asked for change of status and change of status was also approved.) No, she will not loose her H1, as H1 is a "dual intent" visa.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
Put her status as H4. She is in H4 until October 2007 (assuming you asked for change of status and change of status was also approved.) No, she will not loose her H1, as H1 is a "dual intent" visa.
more...
house Is this not Marie Antoinette#39;s
ItIsNotFunny
04-19 10:58 AM
Yes I have a BIG update.
Let us not ask for any updates on our site. IV core should not be forced to post update on the site.
I happened to see
our thread
http://immigrationvoice.org/forum/showthread.php?t=3563
quoted on Alipac site.
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=57004&highlight=h1b
They even note down our small ideas
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=55431&highlight=h1b
They watch every action and block our attempts. We need to be patient and not ask IV core to give us updates ahead of time. If you read their forum, you will know that when we post about a bill or a senator, these guys also call those lawmakers and start opposing the work we did. So please do not keep asking for updates ahead of time.
Funny!
Let us not ask for any updates on our site. IV core should not be forced to post update on the site.
I happened to see
our thread
http://immigrationvoice.org/forum/showthread.php?t=3563
quoted on Alipac site.
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=57004&highlight=h1b
They even note down our small ideas
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=55431&highlight=h1b
They watch every action and block our attempts. We need to be patient and not ask IV core to give us updates ahead of time. If you read their forum, you will know that when we post about a bill or a senator, these guys also call those lawmakers and start opposing the work we did. So please do not keep asking for updates ahead of time.
Funny!
tattoo queen, Marie Antoinette.
India_USA
10-05 10:46 AM
my wife doesnt have EAD or H4. she has AP only which expires in mar 2011 and so does AP stamp on her i94.
she got license valid only till mar 2011.
less than 6 months for $48.
she sent an email to customer service and this is the reply she got
If you have a pending I-485 filed under derivative status of your husband you must be included in his I-140 petition. Is there some paperwork you filed to have you added under his I-140 after you married him? If not other option is to show that you have applied to extend your H4 status after march 2011 eg. I-539. You can get a driver license (if you have not already got one) till your current I94 is valid and then when you apply for an extension you can show the receipt notice and renew for a year or show us a valid EAD card.
i dont have my 140 app and i dont remember getting her name added in 140. and i dont have H1 so no H4 option. so the only option left for here is filing her EAD. cause i dont know if they will extend it on AP alone with expired I94.
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
she got license valid only till mar 2011.
less than 6 months for $48.
she sent an email to customer service and this is the reply she got
If you have a pending I-485 filed under derivative status of your husband you must be included in his I-140 petition. Is there some paperwork you filed to have you added under his I-140 after you married him? If not other option is to show that you have applied to extend your H4 status after march 2011 eg. I-539. You can get a driver license (if you have not already got one) till your current I94 is valid and then when you apply for an extension you can show the receipt notice and renew for a year or show us a valid EAD card.
i dont have my 140 app and i dont remember getting her name added in 140. and i dont have H1 so no H4 option. so the only option left for here is filing her EAD. cause i dont know if they will extend it on AP alone with expired I94.
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
more...
pictures Modern Marie Antoinette
wandmaker
08-11 06:45 PM
For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.
You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)
You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)
dresses A more modern Marie Antoinette
gcnj
03-17 02:45 PM
If you do h1 transfer then the advantage is incase your 485 application gets denied for any reason you will still be in legal status ,where as in case you use EAD and any 485 denial you will be out of status immediately.
more...
makeup how to marie antoinette hair
reddymjm
09-30 10:11 AM
I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?
r u from NBKRIST?
r u from NBKRIST?
girlfriend The Marie Antoinette
needhelp!
02-15 04:39 PM
May you have plenty of supporters coming your way.
I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.
I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.
hairstyles them from marie antoinette-inspired hair marie salk meticulously sculpted
fromnaija
07-18 06:54 PM
I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
nimb
10-15 11:43 PM
may be not related ... but can someone explain what does this line mean ...
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
probably yes. Recently, I saw number of threads on where AC21 beneficiaries have been asked to submit 'ability to pay' documents from new employer. :(
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
probably yes. Recently, I saw number of threads on where AC21 beneficiaries have been asked to submit 'ability to pay' documents from new employer. :(
skd
01-10 12:54 PM
66% of the people who voted know someone who lost job in this Marker, I was in US when dot-com burst happened, But even then I don't think it was as bad as this time around.
Worst part is every one I talk to says that worst is still to come. If it is so bad now , I don't know what it will be like when it is "worst". Scary situation. Even if you forget about GC, Getting a job and holding on to the job will be difficult.
:confused::confused::confused::confused:
Worst part is every one I talk to says that worst is still to come. If it is so bad now , I don't know what it will be like when it is "worst". Scary situation. Even if you forget about GC, Getting a job and holding on to the job will be difficult.
:confused::confused::confused::confused:
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