coopheal
12-06 11:03 PM
bump
docwa
05-04 05:56 PM
I discussed my situation with Mr Finklestein a senior Lawyer, with Sheila Murthy firm. He says, I can anything with my time as long as I have an employment offer letter that has a job offer to match the labor cert at time of adjudication. With Eb2 India being as retrogressed as it is, that could be 5 years away. I am going ahead with fellowship on EAD.
eb3_nepa
04-13 11:08 PM
Thanks everyone. Please keep the updates coming :)
Templarian
11-24 10:02 AM
No members have written a tutorial for Flex as of yet. Kirupa has said it a thousand times there has to be valid tutorials for there to be a forum (a simple search would have shown this).
My suggestion write a few well written tutorials on flex specific topics and submit them to Kirupa.
Also Kirupa is a MS developer so its only inherent that he writes what he knows best... I don't think he really even uses Flash very much anymore, except when he wrote that tutorial about some of the new features.
Search Results:
http://www.kirupa.com/forum/showthread.php?t=289365
http://www.kirupa.com/forum/showthread.php?t=276516
My suggestion write a few well written tutorials on flex specific topics and submit them to Kirupa.
Also Kirupa is a MS developer so its only inherent that he writes what he knows best... I don't think he really even uses Flash very much anymore, except when he wrote that tutorial about some of the new features.
Search Results:
http://www.kirupa.com/forum/showthread.php?t=289365
http://www.kirupa.com/forum/showthread.php?t=276516
more...
senthil1
05-09 11:58 PM
As for as I knw You can be out of job for any period in EAD. But when they process I485 you need to be in the job. Many unemployed persons are getting GC interview. If you do not get RFE or interview then it is ok even if you are unemployed at the time of receiving gc.
e-sarbak
09-24 04:08 AM
all of them are very well
more...
villamonte6100
10-05 10:49 AM
hi, Do you know: How recent, which nationality, when was his/her aos filed
Sheela, you must be an aussie?
Sheela, you must be an aussie?
arbhaat
10-08 08:06 PM
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
more...
bekugc
04-04 03:13 PM
Flexi,
ur just making what we refer to as a 'h1 transfer'. u donot have to wait till oct to begin ur work at the new employer. anytime after u get ur receipt u can terminate the first job and join the new one.
regarding
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
ans: as long as u have NOT terminated ur existing H1 employment, u can travel ( assuming u have a valid visa to reenter the US). it doesnt matter whether u applied for h1 transfer or not, as long as ur current H1 visa is valid and ur maintaining proper H1 status at existing emplyer, u shud not have problems coming back to US on H1. after u come back , depending on whether ur got ur new h1 receipt , u can terminate first job and join the new one.
In regards to the timing of a petition -
as we have mentioned, ANY time after recieving receipt u can start ur new work...so why u waiting for absolute 1 or 2 weeks before july to start the paperwork???? do it 4 weeks before, and even if receipt comes early, nobody will force u to join then and there. once u have receipt, u can give whatever reason u want and join the new employer at ur chosen date....
ur just making what we refer to as a 'h1 transfer'. u donot have to wait till oct to begin ur work at the new employer. anytime after u get ur receipt u can terminate the first job and join the new one.
regarding
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
ans: as long as u have NOT terminated ur existing H1 employment, u can travel ( assuming u have a valid visa to reenter the US). it doesnt matter whether u applied for h1 transfer or not, as long as ur current H1 visa is valid and ur maintaining proper H1 status at existing emplyer, u shud not have problems coming back to US on H1. after u come back , depending on whether ur got ur new h1 receipt , u can terminate first job and join the new one.
In regards to the timing of a petition -
as we have mentioned, ANY time after recieving receipt u can start ur new work...so why u waiting for absolute 1 or 2 weeks before july to start the paperwork???? do it 4 weeks before, and even if receipt comes early, nobody will force u to join then and there. once u have receipt, u can give whatever reason u want and join the new employer at ur chosen date....
cooldude
07-27 10:06 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I am not sure.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I am not sure.
more...
PDDec05
06-29 10:08 PM
Seahawks,
Your lawyer is correct in saying that the USCIS will most likely not fix the problem by just writing to them.
I have been through this stupidity with the I-140 petition. While the case was pending, we found out that there was an error in the application form. We notified the USCIS but they still sent the approval notice with the first and last names interchanged. We wrote again, but they responded saying that it was not a USCIS error, the name of the beneficiary on the approval notice appears exactly as it is on the application form (and what about the supporting documents, you wonder!). So, they asked us to file an amended application.
We filed the I-140 again, with all the supporting documents, all the fees, etc. and got it approved.
The USCIS will not fix an error, that you have made, on their dime. Simply writing letters is not going to work - they probably want you to file an "Amended Petition". This is what should have been done in my case when we found the mistake; but we just kept writing letters.
You should call the USCIS and ask to speak to an expert who can tell you exactly what needs to be done. Also, when the USCIS representative answers the phone, they give you their identification number - take it down for future reference.
All the best
nixstorI don't have any input on that, my attorney told me he is busy, he has other applications that flood his office, even if he writes a letter, the wont do anything in USCIS, go for FP and explain to them the situation. He also said I should have looked at it! bummer
Your lawyer is correct in saying that the USCIS will most likely not fix the problem by just writing to them.
I have been through this stupidity with the I-140 petition. While the case was pending, we found out that there was an error in the application form. We notified the USCIS but they still sent the approval notice with the first and last names interchanged. We wrote again, but they responded saying that it was not a USCIS error, the name of the beneficiary on the approval notice appears exactly as it is on the application form (and what about the supporting documents, you wonder!). So, they asked us to file an amended application.
We filed the I-140 again, with all the supporting documents, all the fees, etc. and got it approved.
The USCIS will not fix an error, that you have made, on their dime. Simply writing letters is not going to work - they probably want you to file an "Amended Petition". This is what should have been done in my case when we found the mistake; but we just kept writing letters.
You should call the USCIS and ask to speak to an expert who can tell you exactly what needs to be done. Also, when the USCIS representative answers the phone, they give you their identification number - take it down for future reference.
All the best
nixstorI don't have any input on that, my attorney told me he is busy, he has other applications that flood his office, even if he writes a letter, the wont do anything in USCIS, go for FP and explain to them the situation. He also said I should have looked at it! bummer
swapnajay
10-09 01:02 PM
Dude!! Don't even think of applying for AOS now. The dates are not current and you have some issues with your H1-B. Please consult an Attorney immediately!!!!......
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
more...
a_yaja
02-17 09:32 AM
I have a couple of questions:
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
I mentioned the following:
"Need to visit family in home country from time to time given the long adjudication process for I-485"
For date of travel, I put down a date approximately one month from the date of application (my thinking was that if travel date was sufficiently near, then the AP would be approved sooner - and I did get my AP approved in 22 days - not sure if it was because of the travel date - but it might have helped).
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
I mentioned the following:
"Need to visit family in home country from time to time given the long adjudication process for I-485"
For date of travel, I put down a date approximately one month from the date of application (my thinking was that if travel date was sufficiently near, then the AP would be approved sooner - and I did get my AP approved in 22 days - not sure if it was because of the travel date - but it might have helped).
eager_immi
05-30 01:42 PM
GC is not for you to apply it is based on the employer. Many employers wait to file in the 5th year so you do not leave the company. Also every time your job changes within the company (which is also not in your hand) your employer will re-file labor. So you could have been here like me for 9 years with a priority date on May 2005 and bc of change in job position it will become Dec 2007 and never get your green card.
I understand if someone was stuck in BEC, we all got s****ed with that.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
I understand if someone was stuck in BEC, we all got s****ed with that.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
more...
vnsriv
07-19 01:53 PM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
dingudi
06-08 07:59 PM
I don't live in the tri-state...
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
You mention that you had graduate assistantship in 1999-2000 on F1. This means that you were paid for this assistantship , in terms of bi-weekly or monthly paycheck, correct? And you did file returns for that year as well as obviously you have W2.
So you may even have another effort to convince the IO that the W2 that you are providing is in fact because you worked as graduate assistant on-campus which is allowed being on F1 for the first 9 months of F1 and that you did not take any illegal work authorization. This should be obvious from employer name on W2 which is most likely the university. But make sure whoever is your attorney is , they make this point clear.
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
You mention that you had graduate assistantship in 1999-2000 on F1. This means that you were paid for this assistantship , in terms of bi-weekly or monthly paycheck, correct? And you did file returns for that year as well as obviously you have W2.
So you may even have another effort to convince the IO that the W2 that you are providing is in fact because you worked as graduate assistant on-campus which is allowed being on F1 for the first 9 months of F1 and that you did not take any illegal work authorization. This should be obvious from employer name on W2 which is most likely the university. But make sure whoever is your attorney is , they make this point clear.
more...
Mumbai_girl
12-03 11:58 AM
What your lawyer says in incorrect. I have had my visa stamped successfully only for 3 months validity in the past. Even this time I have only 2 months left (until Feb 2008) but am still going for stamping. So do not worry. As long as you have one more day left, you can get it stamped. Good luck.
bach007 , I do very much appreciate your reply. I did call up mumbai and delhi visa center and they also said the same thing. Needless to say my lawyer needs to do lot of reading and research before answering any queries.
bach007 , I do very much appreciate your reply. I did call up mumbai and delhi visa center and they also said the same thing. Needless to say my lawyer needs to do lot of reading and research before answering any queries.
chanduv23
06-28 03:45 PM
Merge this into the rumor thread please
gsc999
06-07 06:52 PM
This is the same seat from where Bush defeated John Kerry by 10 points in 2004. Republicans have a 44 percent to 29 percent edge over Democrats in voter registration. Bilbray won 49% votes against Democrat Ms Busby's 45%. This shows that there was no clear endorsement for either candidate. This infact shows that democrats did make a headway into republican base and come November it might be Democrat. We should remember this is a heavy Republican district.
Republican Brian Bilbray will face-off with a Democrat again in November for this same seat for a two year term.
Also, a big faux-pax by the Democratic candidate might have led to her own demise. She suggested that illegal aliens could also vote for her, this incensed the republican voters and they came out at the last minute to hand her a defeat.
It is obvious that Republicans won because Democrats blew it.
Check out this url for details:
http://news.independent.co.uk/world/americas/article717540.ece
Republican Brian Bilbray will face-off with a Democrat again in November for this same seat for a two year term.
Also, a big faux-pax by the Democratic candidate might have led to her own demise. She suggested that illegal aliens could also vote for her, this incensed the republican voters and they came out at the last minute to hand her a defeat.
It is obvious that Republicans won because Democrats blew it.
Check out this url for details:
http://news.independent.co.uk/world/americas/article717540.ece
benbear
11-09 09:07 AM
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
That same link you gave tells us that 655k is pending/back-log for AOS....
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
That same link you gave tells us that 655k is pending/back-log for AOS....
InTheMoment
08-13 10:58 AM
Hmm...that is an interesting trend. With TSC approving 485's left and right these days anything is possible at that super-center !
Yes, it is for TSC. And i did check . Thats how i realized they are approving AP and EAD for the early June filers. And i assumed my AP will be approved in couple of weeks. But never thought my July filed EAD will be tied along with my June filed 485. I don't see any AP or EAD approved for even early July filers in atleast for India.
Yes, it is for TSC. And i did check . Thats how i realized they are approving AP and EAD for the early June filers. And i assumed my AP will be approved in couple of weeks. But never thought my July filed EAD will be tied along with my June filed 485. I don't see any AP or EAD approved for even early July filers in atleast for India.
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