akgind
11-11 06:41 PM
I can feel your concern, jk. Am in the same situation. We just got our GC along with our daughter, EB2, PD of Aug02. Our son, however, turned 21 in 2004 and missed the boat because labor was stuck in BEC till 2007.
The rule is that the child should be less than 21 at the time 485 is applied. The CSPA of 2001 gives credit for the time 140 was pending. In most cases this effectively means that the age is locked on the date of 140 application.
The CSPA does not give credit for the time labor is pending. Labor pending was not backlogged when CSPA was enacted, 140 was. Hence the law.
I do not know if there is any way out. I have heard that the aged-out child might be able to claim the PD of the parents if and when s/he applies for GC based on own employment. Nothing authentic, though.
The rule is that the child should be less than 21 at the time 485 is applied. The CSPA of 2001 gives credit for the time 140 was pending. In most cases this effectively means that the age is locked on the date of 140 application.
The CSPA does not give credit for the time labor is pending. Labor pending was not backlogged when CSPA was enacted, 140 was. Hence the law.
I do not know if there is any way out. I have heard that the aged-out child might be able to claim the PD of the parents if and when s/he applies for GC based on own employment. Nothing authentic, though.
wallpaper miss you. 3 years ago
nshantha
08-31 06:35 AM
Hi,
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
Blog Feeds
06-09 02:10 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi4yIMryvnUq1u4pZVf3hULRcfdWGmZv2OdKeku5K9gtv3A73XyNYhvmwQ87LtnHq9Kpmn7eC70wlYvUlSK3uF11R7ih9pNAUofhTi2oA9mspMlCEJsUv26MIm0pyEhQyr28ZulXVeZznl1/s200/Stethoscope.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi4yIMryvnUq1u4pZVf3hULRcfdWGmZv2OdKeku5K9gtv3A73XyNYhvmwQ87LtnHq9Kpmn7eC70wlYvUlSK3uF11R7ih9pNAUofhTi2oA9mspMlCEJsUv26MIm0pyEhQyr28ZulXVeZznl1/s1600-h/Stethoscope.jpg)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
2011 i miss you, monkey man. what happened to cooter anyway?
gbof
09-01 08:48 PM
what are u acheiving out of this poll???? get back to work !!
Don't talk like a lousy school master. You really had not to write what you wrote.
Now coming to your question, I think many people are curious to know if ac21/rfe etc are any hold up & also if the approvals follow systematic movement pd/rd/nd OR it is all at the whim and fancy of IOs
Don't talk like a lousy school master. You really had not to write what you wrote.
Now coming to your question, I think many people are curious to know if ac21/rfe etc are any hold up & also if the approvals follow systematic movement pd/rd/nd OR it is all at the whim and fancy of IOs
more...
Michael chertoff
02-26 05:02 PM
Hi-
I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.
I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
I-485 : $395.00
I-765 : $180.00
I-131: $170.00
Can someone please advice if I need to include the fee for AP and EAD renewal.
Thanks
Your PD is May 2005 EB2...you did not get your GC?
I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.
I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
I-485 : $395.00
I-765 : $180.00
I-131: $170.00
Can someone please advice if I need to include the fee for AP and EAD renewal.
Thanks
Your PD is May 2005 EB2...you did not get your GC?
gc_in_30_yrs
09-16 07:58 AM
I want all of us to discuss the good things that we do as legal immigrants to America.
Once we come up with all; we can summarise into an article and we can send it to local news papers, so that all the people are educated with what legal immigrants are; and the benifits that we bring to American Society.
Once we come up with all; we can summarise into an article and we can send it to local news papers, so that all the people are educated with what legal immigrants are; and the benifits that we bring to American Society.
more...
singhsa3
10-16 04:12 PM
Welcome to the world of USCIS!
What a crazy system..
Hi Guys,
On July 2nd I have applied for my wife (EAD, AP, I485) and have waited for 3 months (October 1st) to hear that USCIS has rejected her application due to wrong fees (But we have sent them the correct fees)
My Lawyer immediately sent back the application to USCIS saying that the Check we have sent is correct and it is before increasing the fees and we haven’t done any mistake.
In the meantime on July 16th I got my 485 approved and got my GC. So now we were worried as my wife is already out of status and don’t know how long it will take now to get her receipts and how long she can stay.
I have tried calling USCIS – Every time same answer -- you have to wait, you have to wait No records in the Database. Yesterday when I called, a Lady answered the phone and she said we need to wait 90 more days again as it is like a new Submission and it was a shock for me after hearing that.
Can any body suggest me what to do in this kind of situation? Is there any body in the same situation?
Thanks
skb
What a crazy system..
Hi Guys,
On July 2nd I have applied for my wife (EAD, AP, I485) and have waited for 3 months (October 1st) to hear that USCIS has rejected her application due to wrong fees (But we have sent them the correct fees)
My Lawyer immediately sent back the application to USCIS saying that the Check we have sent is correct and it is before increasing the fees and we haven’t done any mistake.
In the meantime on July 16th I got my 485 approved and got my GC. So now we were worried as my wife is already out of status and don’t know how long it will take now to get her receipts and how long she can stay.
I have tried calling USCIS – Every time same answer -- you have to wait, you have to wait No records in the Database. Yesterday when I called, a Lady answered the phone and she said we need to wait 90 more days again as it is like a new Submission and it was a shock for me after hearing that.
Can any body suggest me what to do in this kind of situation? Is there any body in the same situation?
Thanks
skb
2010 Miss you monkey
fiestagirl
05-28 06:00 AM
I have searched the internet on this and had no luck.. i'm 20 weeks pregnant and Canadian married to a USC. I went for my medical today and had all of my backup for vaccinations / immunity but the immigration doctor wants me to get a tetanus shot. All information on the web says this is "safe" during pregnancy, however I am completely opposed to having a vaccination while pregnant or breast-feeding due to potential issues vaccinations can cause (eg: autism in children). While this is not readily "accepted" by the medical community, it is how I feel. Some very high profile people have talked about vaccinations and the dangers they can cause but the medical community seems to reject their logic (not enough studies.. who knows).
I don't feel that I should be subjected to this when I'm so opposed to it - I know I can apply for a "moral objection" but I can't find any information as to whether USCIS actually acknowledges these objections.
Has anyone out there been in a similar situation or know of how I can get an exemption from this during my pregnancy / breast-feeding stage?
Thanks everyone!
I don't feel that I should be subjected to this when I'm so opposed to it - I know I can apply for a "moral objection" but I can't find any information as to whether USCIS actually acknowledges these objections.
Has anyone out there been in a similar situation or know of how I can get an exemption from this during my pregnancy / breast-feeding stage?
Thanks everyone!
more...
senthil1
05-01 09:32 AM
Many people might have lost job because of last year rally. Here I heard one of company in Chicago area fired all the illegal immigrants in last year immeditely after rally. So this kind of things may not be necessarily positive.
If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:
If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:
hair child say quot;I miss youquot; ?
milind70
10-02 04:37 PM
Do you need to apply for SSN after getting GC? i was thinking that everyone who is working already has SSN... Do you have to get new one? that does not seem right??? please advise
Raj,
You dont get a new SSN. You just remove the restrictions that is on your previous card.When u become a LPR you should get a replacement card without any restrictions.If you read my post i mentioned SSN card replacement. I am sorry it might have mislead you otherwise.
Raj,
You dont get a new SSN. You just remove the restrictions that is on your previous card.When u become a LPR you should get a replacement card without any restrictions.If you read my post i mentioned SSN card replacement. I am sorry it might have mislead you otherwise.
more...
va007
05-05 07:57 PM
Thanks
hot Are you feeling the Monkey
Hrithik
01-21 12:07 AM
Hi,
I am quite frustrated with my present situation. Here's my sad story:
I came to US on L1B Visa through company A. In 2010 Company B filed for my H1B. They asked me to pay half of the H1B filing money ($1500) which will be returned later. They sent me a document mentioning that as a training cost which I signed and paid them online $1500. I shouldn't have done this. My mistake. I was never given any training and money was not returned. :(
Company B also verbally committed to me that they'll be paying me roughly 80% of the client project contract amount which they will be getting from the client. They asked me to sigh the contract document with them which mentioned my salary way to less than expected. When I asked why the salary is mentioned too less here, they mentioned that don't worry about it. It is done to keep the agreement same as LCA filled. And I'll be getting what I was promised. the contract document also mentioned that if i leave the company within 1 year, I'll be paying liquidity damages to the company. This was big trap which I didn't understand that time and signed the document. This was my 2nd biggest mistake. :(
Now for last 5 months they are paying me at very lower rate (what was in the contract which is roughly 50% of client project contract amount). I called them on phone and they mentioned that they'll eventually release my salaries but they never released. I sent many emails that this is not what I should be getting as per the commitment given but they never replied to my emails. I mentioned in the emails cleary that what I should be getting. So now they haven't paid me almost $8,000 in last 5 months.
I am planning to quit the company B and join company C.
Here are my questions:
1) Is there any way I can complain legally about Company B and get my money? I have sent many emails that mentions what I should be getting. Does emails can be used in this case?
2) If I leave the company B and join company C. Can they drag me to the court to pay for liquidity damages since I left them within 1 year?
I moved to H1B thinking that I would have a better life but it has become way more worse. Please advise me what are the best suggestions for me in this situation. Thanks a lot. :)
Please help me !!
Regards.
Hrithik.
I am quite frustrated with my present situation. Here's my sad story:
I came to US on L1B Visa through company A. In 2010 Company B filed for my H1B. They asked me to pay half of the H1B filing money ($1500) which will be returned later. They sent me a document mentioning that as a training cost which I signed and paid them online $1500. I shouldn't have done this. My mistake. I was never given any training and money was not returned. :(
Company B also verbally committed to me that they'll be paying me roughly 80% of the client project contract amount which they will be getting from the client. They asked me to sigh the contract document with them which mentioned my salary way to less than expected. When I asked why the salary is mentioned too less here, they mentioned that don't worry about it. It is done to keep the agreement same as LCA filled. And I'll be getting what I was promised. the contract document also mentioned that if i leave the company within 1 year, I'll be paying liquidity damages to the company. This was big trap which I didn't understand that time and signed the document. This was my 2nd biggest mistake. :(
Now for last 5 months they are paying me at very lower rate (what was in the contract which is roughly 50% of client project contract amount). I called them on phone and they mentioned that they'll eventually release my salaries but they never released. I sent many emails that this is not what I should be getting as per the commitment given but they never replied to my emails. I mentioned in the emails cleary that what I should be getting. So now they haven't paid me almost $8,000 in last 5 months.
I am planning to quit the company B and join company C.
Here are my questions:
1) Is there any way I can complain legally about Company B and get my money? I have sent many emails that mentions what I should be getting. Does emails can be used in this case?
2) If I leave the company B and join company C. Can they drag me to the court to pay for liquidity damages since I left them within 1 year?
I moved to H1B thinking that I would have a better life but it has become way more worse. Please advise me what are the best suggestions for me in this situation. Thanks a lot. :)
Please help me !!
Regards.
Hrithik.
more...
house MONKEY MAJIK - I MISS YOU
askreddy
07-26 12:49 AM
Hi
Which part of address change trigger RFE
1) Submitting AR11
OR
2) Changing address for pending 485.
Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.
Thanks
Which part of address change trigger RFE
1) Submitting AR11
OR
2) Changing address for pending 485.
Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.
Thanks
tattoo ii miss you monkey.
grinch
05-10 09:48 PM
Yeah I noticed you like his little errors heh? Hahah nice concept!
more...
pictures If you want many South
sbnvs@yahoo.com
12-16 07:52 PM
Thanks for the immediate response Go Guy!!!
dresses I miss you, too.
sinemkeceli
01-24 11:03 PM
I had a opt which expired on the 9th. of november and on june 08 i applied to start green card process with help of a lawyer.I have a master degrees from the US and my lawyer told me that i did not need to apply for a H1 visa or a work permit and could directly go for green card. we started the process in june 08 and I applied to eta 9089 on september 08 and could not get any reply back for almost 5 months. My lawyer tells me that it is normal to not get an answer for so long even thought I think we had to get an answer in 3 to 4 weeks after september. Now, my lawyer suggests me to go back to my country as my status will be put of satatus and I could continue my green card process from back home.
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
more...
makeup We will miss you, Monkey.
unknown123
10-28 09:51 PM
I agree with Mr. Bond
We need some basic administrative fixes and recapture of visas before we all burn out. I just hope whoever wins will give us some relief before any major over haul...
We need some basic administrative fixes and recapture of visas before we all burn out. I just hope whoever wins will give us some relief before any major over haul...
girlfriend -song *miss you*
wandmaker
07-01 07:41 AM
We got H-1B 7th year extension approved (through Premium processing) at CSC on 06/12/2008. The extension of stay was also approved. We received the I-797C (courtesy copy) and travelled to India with it (along with all the relevant documentation for the H-1B visa stamping) at Chennai. We now realize that we need to I-797A and for some reason the company's legal dept did not receive this yet. The legal dept usually receives both I-797A and I-797C. The chennai consulate does not accept I-797C for stamping.
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
I-824 processing is heavily backlogged both in VSC and CSC - I guess, there is no PP or expedite option available for duplicate notices. Did you have valid and unexpired H1B stamp on your passport when you left US?
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
I-824 processing is heavily backlogged both in VSC and CSC - I guess, there is no PP or expedite option available for duplicate notices. Did you have valid and unexpired H1B stamp on your passport when you left US?
hairstyles I miss you monkey sluts.
f1vlad
03-27 07:20 AM
Thanks, yeah I am looking to use EAD.
carbon
03-24 09:26 PM
If you have worked on a H1B that was from the quota and you have
never left the US for more than 1 year since then.. then you can
transfer your university H1B to company H1B (without waiting for Oct1)
I have comfirmed this with one lawyer for my situation.
never left the US for more than 1 year since then.. then you can
transfer your university H1B to company H1B (without waiting for Oct1)
I have comfirmed this with one lawyer for my situation.
sss9i
03-23 07:40 PM
Hi,
Can you explain about your situation!!!
I got stamp in Canada.I plan to go for stamping before stat new job with new employer.
Thank you
Can you explain about your situation!!!
I got stamp in Canada.I plan to go for stamping before stat new job with new employer.
Thank you
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