delhikadesi
07-17 12:46 AM
All thanks to people who participated in SJ rally and IV for hosting it.
I also left a comment for editor as a note of thanks..
In any issue these days media support is must and with our unity in IV, we are able to get that.
Way to go..
I also left a comment for editor as a note of thanks..
In any issue these days media support is must and with our unity in IV, we are able to get that.
Way to go..
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chanduv23
11-01 07:37 PM
More feedbacks help. Please post feedback if you attended the NJ meet
copsmart
06-09 05:29 PM
Admins and moderators have other important work to do than deleting worthless threads like this.
Just ignore this crap and move on.
Just ignore this crap and move on.
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WeldonSprings
05-01 09:22 PM
Hi,
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
more...
raju123
06-11 06:12 PM
Be careful for making every one fool !
Mistake..............Now i am not able to change the title-sorry guys.
Mistake..............Now i am not able to change the title-sorry guys.
Bhadwaj
07-15 05:26 PM
Hello,
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
more...
austingc
08-17 02:32 PM
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
Raju,
This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
Raju,
This is not enough information to provide any advise. What is the reason USCIS provided in the denial letter. You only provided the PERM details and that does not help anyone.
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reedandbamboo
09-15 12:00 PM
Singhsa,
Good idea! See you there.
Good idea! See you there.
more...
gcformeornot
05-28 07:31 AM
from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.
I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)
I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)
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Ann Ruben
02-10 11:57 AM
Saurin,
Assuming that your I-140 has been approved and your I-485 has been pending for more than 180 days, you're GC should be approved as long as you can demonstrate that you have a bonafide offer of permanent, full time employment in the "same or similar occupation" at the time your I-485 is finally adjudicated. Note that the requirement is prospective. Where, or if, you are employed prior to the final adjudication of your I-485 is relevant only to the extent that it is one way to establish the bona fide nature of your intent to accept or continue employment in the required occupation.
Ann
Assuming that your I-140 has been approved and your I-485 has been pending for more than 180 days, you're GC should be approved as long as you can demonstrate that you have a bonafide offer of permanent, full time employment in the "same or similar occupation" at the time your I-485 is finally adjudicated. Note that the requirement is prospective. Where, or if, you are employed prior to the final adjudication of your I-485 is relevant only to the extent that it is one way to establish the bona fide nature of your intent to accept or continue employment in the required occupation.
Ann
more...
ivar
04-29 04:35 PM
Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
Crazyghoda,
I am still waiting for my PERM but i had talked to my attorney regarding porting of my old priority date he says i will have to wait till i get my new I-140 approved. I am not sure how should i convince him to file I-140 and priority porting application together once i get my PERM approval. I need some strong documentation to support my statement if he denies doing both together. I tried googling but yet to find some document related to this.
Thank you.
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
Crazyghoda,
I am still waiting for my PERM but i had talked to my attorney regarding porting of my old priority date he says i will have to wait till i get my new I-140 approved. I am not sure how should i convince him to file I-140 and priority porting application together once i get my PERM approval. I need some strong documentation to support my statement if he denies doing both together. I tried googling but yet to find some document related to this.
Thank you.
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extofu
03-07 09:02 AM
Here is my situation
Studied in US on F1 and directly started working for company A from 2002. Got a H1 stamp when out of country in 2003.
Since then moved to company B (in 2005) and H1 visa is now on the second three year term (valid till 2008) . Am on the verge of moving to company C. Will be out of the country all of april and had a few questions
1) Do I need to have stamp on my passport when I switch between F1 and H1only or do I need the stamp even if I have switched firms since the last time I got my passport stamped
2) What happens if I get the stamp say on H1 on 1st April (while on payroll of company B), quit company B (while outside US) and join company C and then return to US in last week of April without getting another stamp. Will I face any issues when reentering USA (given that the stamp is for company B even though I don't work for it anymore) or do I need the accurate stamp when coming to USA?
Your help will be deeply appreciated
Thanks
Studied in US on F1 and directly started working for company A from 2002. Got a H1 stamp when out of country in 2003.
Since then moved to company B (in 2005) and H1 visa is now on the second three year term (valid till 2008) . Am on the verge of moving to company C. Will be out of the country all of april and had a few questions
1) Do I need to have stamp on my passport when I switch between F1 and H1only or do I need the stamp even if I have switched firms since the last time I got my passport stamped
2) What happens if I get the stamp say on H1 on 1st April (while on payroll of company B), quit company B (while outside US) and join company C and then return to US in last week of April without getting another stamp. Will I face any issues when reentering USA (given that the stamp is for company B even though I don't work for it anymore) or do I need the accurate stamp when coming to USA?
Your help will be deeply appreciated
Thanks
more...
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eb3_nepa
07-18 10:28 AM
^^
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spicy_guy
11-05 03:06 PM
I agree. There are circumstances this modern life brings us, which cannot be avoided by unlucky souls.
more...
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Raven
01-20 03:05 PM
Forgive me for being naive and ignorant but I thought Obama was for immigrants/immigration/CIR. What Happened here? Did I miss something..Fill me in if you can please. Thanks.
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hope2007
08-15 03:22 PM
My 485 was filed on july 2nd, have'nt recieved the RN,Now i want to file for EAD/AP without RN (cos need it badly for my wife) but the lawyer is advicing against it. He says...
My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.
Anyone in the same boat..
My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.
Anyone in the same boat..
more...
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rkrit07
07-17 05:42 PM
Yep We Nailed Them, Hatsoff To Iv, Aila, Whoever Ar Einvobed, Including Protesotrs, And My 10000000000000000000000000000000000000000000000000 000000000000000000 Cheers To The Great Gandhi, Whose Way Is Still The Best Way To Achieve Anything
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alex99
09-28 08:46 AM
My Employer is paying for my Family GC Expenses (Myself, Wife, and Daughter). I have been working for him for the last 3 years. At the time of Filing my Labor, I have signed a letter (Just a letter on Company Letter Head) and faxed him the copy and the Original is with me. The letter says I have to pay back all the expenses for my GC if I leave the Employer before my GC approval time + 6 months.
My priority date is July 2006 in EB3 and 485 was filed on July 3rd. Based on the current trend it might take another 4 to 5 years to get my GC. My employer pays me very less and is not willing to give any hike in near future.
After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�
Thanks in advance,
Ashok...
My priority date is July 2006 in EB3 and 485 was filed on July 3rd. Based on the current trend it might take another 4 to 5 years to get my GC. My employer pays me very less and is not willing to give any hike in near future.
After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�
Thanks in advance,
Ashok...
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backtoschool
01-10 06:30 AM
Friends,
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
anilsal
11-07 09:27 PM
http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=15252
IL Meet and Greet.
IL Meet and Greet.
eb3_nepa
07-18 10:52 AM
eb3,
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
Howzzat there is a CLEAR clause in that statement
"If we cannot even contribute $10 a month". There is a clear IF in that statement. And yes after all that IV has done and all the advantage IV members have obtained FREE OF COST just by sitting on the fence (on their behinds), while the core team, who by the way have full time jobs AND families, slogged MORE THAN FULL TIME to get IV's very first goal to be achieved, THEN I say I am FULLY JUSTIFIED in calling those people CHEAP.
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
Howzzat there is a CLEAR clause in that statement
"If we cannot even contribute $10 a month". There is a clear IF in that statement. And yes after all that IV has done and all the advantage IV members have obtained FREE OF COST just by sitting on the fence (on their behinds), while the core team, who by the way have full time jobs AND families, slogged MORE THAN FULL TIME to get IV's very first goal to be achieved, THEN I say I am FULLY JUSTIFIED in calling those people CHEAP.
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