santa123
09-05 12:12 AM
LOL at this thread:D
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GooblyWoobly
07-18 07:23 PM
Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same
Actually my attorney is not Murthy. It's my employer's attorney, and they are pretty good. It was a company decision not to file EAD/AP since we were sure at that time our application will get rejected. It was just a mean to get onto the lawsuit beneficiary.
Actually my attorney is not Murthy. It's my employer's attorney, and they are pretty good. It was a company decision not to file EAD/AP since we were sure at that time our application will get rejected. It was just a mean to get onto the lawsuit beneficiary.
ryanjoe_99
05-29 09:47 AM
I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.
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kabeer_g
01-12 12:13 PM
All,
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
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bskrishna
08-03 12:16 PM
what to you mean by 485 fingerprinting?
Is it just getting it done or any other issue relating to this...
Is it just getting it done or any other issue relating to this...
frostrated
03-16 03:06 PM
please see below.
Background:
My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.
I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent
Questions:
1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.
Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.
Background:
My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.
I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent
Questions:
1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.
Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.
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immi_seeker
07-14 01:19 PM
Hopefully so..Thanks
You have PD as Nov 2005, EB2.
Now the VB is on 2006.
They must have known atleast a month back.
They issued just 3 months extension
All matching perfectly and result will be good one for you....
You have PD as Nov 2005, EB2.
Now the VB is on 2006.
They must have known atleast a month back.
They issued just 3 months extension
All matching perfectly and result will be good one for you....
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nmdial
04-22 11:26 AM
enjoy food.. best place to enjoy all sorts of food in US
I'll. I am big foodie (from all places)...
I'll. I am big foodie (from all places)...
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sledge_hammer
02-07 01:14 PM
hammer, here is another poll very similar at http://immigrationvoice.org/forum/showthread.php?t=1671
Thanks whoever,
I asked people on the EB3 poll thread where I can find the poll for EB2. Never got an answer, hence this thread.
Admin can delete this thread ...
Thanks whoever,
I asked people on the EB3 poll thread where I can find the poll for EB2. Never got an answer, hence this thread.
Admin can delete this thread ...
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glus
10-09 01:12 PM
Sorry to scare you in my previous reply....I did not read your question properly....
Since you are from a Non-Retrogressed Country, you may be eligible to apply for AOS. As you mentioned, you may apply I-140, I-485, I-131, and I-765 all together without any hassle. Make sure your attorney files all your applications with the right fee, since the fee structure has changed recently.
Sorry about my previous post though...
Good Luck!!
Please be careful giving such advises. The person in question was out-of-status because he never worked for company A, so it is not certain if he is in valid status at this point. I would not generalize saying he could file without any hassles. He should speak to a qualified attorney before doing that.
Since you are from a Non-Retrogressed Country, you may be eligible to apply for AOS. As you mentioned, you may apply I-140, I-485, I-131, and I-765 all together without any hassle. Make sure your attorney files all your applications with the right fee, since the fee structure has changed recently.
Sorry about my previous post though...
Good Luck!!
Please be careful giving such advises. The person in question was out-of-status because he never worked for company A, so it is not certain if he is in valid status at this point. I would not generalize saying he could file without any hassles. He should speak to a qualified attorney before doing that.
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logiclife
03-26 08:20 PM
Working off the books is illegal ofcourse.
Because firstly, you are breaking the immigration law by working on H4. Also you are breaking the tax laws by working off the books, since you dont pay taxes and the employer doesnt pay the payroll tax. And no one pays the medicare and social security tax that is supposed to be paid.
Working without pay:
A lot of H4s have asked that why cant we work as a volunteer where there is no pay. This might be a grey area and you may want to check with a lawyer before you work on H4 without pay. It could be legal but its really not that black and white.
Because firstly, you are breaking the immigration law by working on H4. Also you are breaking the tax laws by working off the books, since you dont pay taxes and the employer doesnt pay the payroll tax. And no one pays the medicare and social security tax that is supposed to be paid.
Working without pay:
A lot of H4s have asked that why cant we work as a volunteer where there is no pay. This might be a grey area and you may want to check with a lawyer before you work on H4 without pay. It could be legal but its really not that black and white.
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howzatt
07-16 02:00 PM
Here is the update we have been waiting for
USCIS has announced that on Wed, Jul 18, 2007, from 9:00pm ET until Thur at 1:00am ET, the INFOPASS appointment system will be unavailable for a scheduled upgrade. USCIS customers will see some minor changes to the appointment screens on Thur, Jul 19, 2007. ;)
Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.
USCIS has announced that on Wed, Jul 18, 2007, from 9:00pm ET until Thur at 1:00am ET, the INFOPASS appointment system will be unavailable for a scheduled upgrade. USCIS customers will see some minor changes to the appointment screens on Thur, Jul 19, 2007. ;)
Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.
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sroyc
11-09 01:24 AM
I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.
why more filers in Sept than June? I thought most PDs were better in June than in Sept...
why more filers in Sept than June? I thought most PDs were better in June than in Sept...
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kingkon_2000
06-08 11:59 AM
I entered the US as a student in Jan '99 and did a couple of trips on my F1 visa and since I got my H1-B approval notice in 2001, I never left until last December '07 and returned with a stamped H1-B visa.
I would be "ok" if they asked for all returns since 2001 as that's when I actually started working and used the H1-B, but why is he asking for returns from 1999, I have no clue...
That's why I mentioned it feels like he wants to deny my applicatoin. Can he deny it if I can't produce the returns for '99 and '00 even though I filed my returns and the IRS can't produce evidence that I did or didn't?
I do have the W-2's from '99 and '00...
Any ideas/help from senior members or someone that had a similar situation?
If you have w-2's you just need to fill 1040NR-EZ and send it back to the requesting officer. I don't understand what is the problem in fill a form and signing it and sending in the copies of it... what difference does it make if it was filled in 1999 or 2008 as it will be the same thing.... if they have a problem ask them to verify it with IRS which I am sure they will not able to do as there is no way so they have to accept what you submit... just my $0.02.. ask your attorney about this...
I would be "ok" if they asked for all returns since 2001 as that's when I actually started working and used the H1-B, but why is he asking for returns from 1999, I have no clue...
That's why I mentioned it feels like he wants to deny my applicatoin. Can he deny it if I can't produce the returns for '99 and '00 even though I filed my returns and the IRS can't produce evidence that I did or didn't?
I do have the W-2's from '99 and '00...
Any ideas/help from senior members or someone that had a similar situation?
If you have w-2's you just need to fill 1040NR-EZ and send it back to the requesting officer. I don't understand what is the problem in fill a form and signing it and sending in the copies of it... what difference does it make if it was filled in 1999 or 2008 as it will be the same thing.... if they have a problem ask them to verify it with IRS which I am sure they will not able to do as there is no way so they have to accept what you submit... just my $0.02.. ask your attorney about this...
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srarao
07-19 04:23 PM
I read some posts and they say we need to go to local heath dept.If some one has exp ,I just wanted their suggestion
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mdy_tvr
02-04 06:34 PM
yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.
Thanks meridiani.planum for the response.
Thanks meridiani.planum for the response.
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posmd
04-07 09:07 PM
I am 100 percent of this view. IV core members should review this with QGA.
We are already hearing that the whitehouse is pushing this thing to conference even without full senate approval, perhaps they know something we do not, that in some form or fashion something is going to pass the senate.
Sensenbrenner is not a guy against legal immigration per se. Some of the core members know this from the S1932 experience. There was a guy by the name of "superman" who some of the core members are aware of, who lives in sensenbrenner's district and tried his best during conference in that budget bill.
We need to involve all those forces so that he does not resist our just and fair provisions. He must be made to realise that to have a clear moral argument about the illegals he must clearly support the legal immigrant provisions.
We are already hearing that the whitehouse is pushing this thing to conference even without full senate approval, perhaps they know something we do not, that in some form or fashion something is going to pass the senate.
Sensenbrenner is not a guy against legal immigration per se. Some of the core members know this from the S1932 experience. There was a guy by the name of "superman" who some of the core members are aware of, who lives in sensenbrenner's district and tried his best during conference in that budget bill.
We need to involve all those forces so that he does not resist our just and fair provisions. He must be made to realise that to have a clear moral argument about the illegals he must clearly support the legal immigrant provisions.
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LONGGCQUE
07-18 01:29 PM
ineedhelp,
Here are a few facts based on my first hand experience. I was employed with L&T Infotech for 5+ yrs and left them while in US on H1. Legally, they cannot do anything against you in US as bonds you signed were in Indian judicial limits and are not applicable in US. But yes, they can enforce it legally in India. I have heard and known cases wherein these Indian companies have taken employees to court. I am still following with my ex-company for settlement and they have a claim of 13-14K USD(they add interest on bond from the date you leave @ xx%). Get all papers from them before you part like detailed exp. letter etc, paystubs etc from GC perspective(if u r interested).
Read one of my posts of I140 issues that i am going thru. That will give you some idea of potential issues.
My advice - once you resign they will anyway take you to legal way in India...they will do this coz they have to follow there HR process and scare you and other people around you of repurcussions. Give them a resignation notice of 1-2 weeks and when they ask to stay a little longer to satisfy clients or knowledge transfer, then negotiate with them and get your paperwork etc. Decide on whats best in your future interests.
Good luck. It will work out well for you.
*** Not a lawyer advice ***
Here are a few facts based on my first hand experience. I was employed with L&T Infotech for 5+ yrs and left them while in US on H1. Legally, they cannot do anything against you in US as bonds you signed were in Indian judicial limits and are not applicable in US. But yes, they can enforce it legally in India. I have heard and known cases wherein these Indian companies have taken employees to court. I am still following with my ex-company for settlement and they have a claim of 13-14K USD(they add interest on bond from the date you leave @ xx%). Get all papers from them before you part like detailed exp. letter etc, paystubs etc from GC perspective(if u r interested).
Read one of my posts of I140 issues that i am going thru. That will give you some idea of potential issues.
My advice - once you resign they will anyway take you to legal way in India...they will do this coz they have to follow there HR process and scare you and other people around you of repurcussions. Give them a resignation notice of 1-2 weeks and when they ask to stay a little longer to satisfy clients or knowledge transfer, then negotiate with them and get your paperwork etc. Decide on whats best in your future interests.
Good luck. It will work out well for you.
*** Not a lawyer advice ***
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snhn
04-21 12:10 PM
Hello all,
it used to be that I would look forwared to the dat DOS cam out with their bulletin, hoping that one day i will be current. that day came last month when i became current. Happiness lasted for a few days, only to realize that those dates means nothing unless your processing center is current as well.
I am from Texas, so the dreadfull TSC is the center processing my application. Last date is march 15, and i am assuming they dont follow the same pattern as DOS, that is to say updating their bulletins every month on a specific date. I am also assumin that their date usually move in increments of days rather then monts, like DOS is doing now days. My PD is August 2005. That leave me 4 months or so before anyone starts to work on my case. I have seen a couple of have been called for interveiws with PD around same time as mine. I dont see any changes on my RD message either. It still sayd, we recevied blaha blah... Generic message letting me know they have gotten my case.
What do you all think when the date usually change. Since I am current, my day to look foward is not on DOS websiter, but USCIS website, hoping that they get to processing Auguts dates soon. I am afraid that DOS might retrogress again, and my current PD will beceome thing of the past.
it used to be that I would look forwared to the dat DOS cam out with their bulletin, hoping that one day i will be current. that day came last month when i became current. Happiness lasted for a few days, only to realize that those dates means nothing unless your processing center is current as well.
I am from Texas, so the dreadfull TSC is the center processing my application. Last date is march 15, and i am assuming they dont follow the same pattern as DOS, that is to say updating their bulletins every month on a specific date. I am also assumin that their date usually move in increments of days rather then monts, like DOS is doing now days. My PD is August 2005. That leave me 4 months or so before anyone starts to work on my case. I have seen a couple of have been called for interveiws with PD around same time as mine. I dont see any changes on my RD message either. It still sayd, we recevied blaha blah... Generic message letting me know they have gotten my case.
What do you all think when the date usually change. Since I am current, my day to look foward is not on DOS websiter, but USCIS website, hoping that they get to processing Auguts dates soon. I am afraid that DOS might retrogress again, and my current PD will beceome thing of the past.
inspectorfox
07-22 09:01 PM
Can a senior member kindly address these questions posted for the last couple days. A quick response will be highly appreciated.
My case is very similar to yours. I had applied my I-140 in Oct 2006. Got an RFE for Ability to Pay which was responded to in Feb 2006. LUD changed twice in Feb and there was no progress. I upgraded to premium processing in June but there was no progress in my case even after 15 days past. Recently I got to know thru my lawyer that my case has been moved to the TSC Review Department for a background check and a decision is pending. I have taken an INFOPASS appointment to meet with an immigration officer to follow up about my case on Friday.
There are lot of people who are now stuck in background checks at I-140 stage which was very uncommon before.
I would advise you to follow up with you lawyer to get more details on your case. My lawyer actually spoke with the Immigration Officer at TSC.
Goodluck!
My case is very similar to yours. I had applied my I-140 in Oct 2006. Got an RFE for Ability to Pay which was responded to in Feb 2006. LUD changed twice in Feb and there was no progress. I upgraded to premium processing in June but there was no progress in my case even after 15 days past. Recently I got to know thru my lawyer that my case has been moved to the TSC Review Department for a background check and a decision is pending. I have taken an INFOPASS appointment to meet with an immigration officer to follow up about my case on Friday.
There are lot of people who are now stuck in background checks at I-140 stage which was very uncommon before.
I would advise you to follow up with you lawyer to get more details on your case. My lawyer actually spoke with the Immigration Officer at TSC.
Goodluck!
axp817
02-03 01:49 PM
Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
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