misanthrope
05-10 06:07 PM
What the heck do you mean by "we" are expecting?
Who's "We".
Just stop spreading random rumors. If u have anything credible to say then say so. Otherwise stop.
I think its a royal we.
Who's "We".
Just stop spreading random rumors. If u have anything credible to say then say so. Otherwise stop.
I think its a royal we.
meridiani.planum
07-13 12:32 PM
Folks,
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
prioritydate
12-18 03:51 PM
Since we saw some members posting that their i-140 got denied, do they usually review the approved i-140 at i-485 stage? :confused:
pmpforgc
12-11 08:53 PM
Can some one reply my following questions about Advance parole
Hi
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
(5) Where can we get appropriat photos for I-131. I went to Wallgreen and CVS but both told they all have digital photographs only. Also they also dont take side view they all take frontal view? so where can we get approriate photos for I-131 (Advance Parole)
Hi
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
(5) Where can we get appropriat photos for I-131. I went to Wallgreen and CVS but both told they all have digital photographs only. Also they also dont take side view they all take frontal view? so where can we get approriate photos for I-131 (Advance Parole)
more...
h1extn
08-07 11:24 PM
Hi All
If I migrate to Canada as a temporary worker, is it possible to come back to USA in H1B visa after one year if some company in USA is willing to sponser my H1B ? or there are any restrictions? please help
If I migrate to Canada as a temporary worker, is it possible to come back to USA in H1B visa after one year if some company in USA is willing to sponser my H1B ? or there are any restrictions? please help
sunshine2007
08-27 05:30 PM
I agree this is illegal and there have been many cases where applications have been denied for fraud. I knwo that is not your intention but USCIS considers this sort of "arrangement" a fraud.
but if i go through a regular divorce process is that okay for the USCIS?
but if i go through a regular divorce process is that okay for the USCIS?
more...
GCeffect
02-09 01:39 PM
Both the H1b have the same president's name and address during the application. is that enough. As I left that company and have no good terms with the last company anymore I don't know what kind of proof I can get. Also during the H1b application for Company A I receive some paper from the compnay that mentioned that the payroll of Company B is processed by Company A. All my W2's are from company A even i was working for company B.
Please advice
You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.
This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.
Please advice
You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.
This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.
santosh19
01-23 02:07 PM
When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy
If your H1-B extensions are based off your I-140 and if you make the transfer to new company and for some reason the old employer revokes your I-140. I have no idea what implications would it have on your H1-B extensions ???:(
If your H1-B extensions are based off your I-140 and if you make the transfer to new company and for some reason the old employer revokes your I-140. I have no idea what implications would it have on your H1-B extensions ???:(
more...
omiboy
09-23 10:56 AM
Thank you for your reply.
My perm was approved on August 27th 2007. The EB3 became current upto August 17th 2007. Besides, my lawyer got late in preparing the paper work for the PERM etc. and that's why we just missed.
With regard to my situation, does this meanI have to file for my PERM and I-140 all over again?
Also, is it possible under an H-1 for an employer to cut down wages and reduce work hours?
Thank you for your time once again.
Sincerely
Omi
My perm was approved on August 27th 2007. The EB3 became current upto August 17th 2007. Besides, my lawyer got late in preparing the paper work for the PERM etc. and that's why we just missed.
With regard to my situation, does this meanI have to file for my PERM and I-140 all over again?
Also, is it possible under an H-1 for an employer to cut down wages and reduce work hours?
Thank you for your time once again.
Sincerely
Omi
arnab221
08-13 10:40 AM
Lets do it LAGAAN style . Play a Cricket / American Football match with USCICS .
1) If EB immigrants win, all immigrants for the next 3 years will get GC immediately .:D
2) If USCIS wins then let them introduce double retrogression . :mad:
1) If EB immigrants win, all immigrants for the next 3 years will get GC immediately .:D
2) If USCIS wins then let them introduce double retrogression . :mad:
more...
randallemery
03-10 10:22 PM
Immigration Press Briefing
9:00 am PST, February 28, 2006
This week the AFL-CIO Committee on Immigration adopted one of the most innovative and progressive frameworks for achieving real comprehensive immigration reform. As it stands today, our immigration system is nothing more than a blueprint for exploitation of both foreign and native-born workers. Overhaul of our nation's broken immigration laws is long overdue.
We believe that America deserves a more just and democratic immigration system that protects the interests of ALL workers within our borders-immigrants and U.S.-born workers alike.
It's a tragedy that instead of advocating for permanent relief to the millions of undocumented workers already in this country, paying taxes and contributing to their communities, our nation's leaders continue to push for the same old hollow policies that if enacted will only drive immigrants further into the shadows of American society while allowing employers to depress labor protections and standards for ALL workers within our borders.
Instead of comprehensive reform, many of our leaders continue to look to outdated temporary guestworker programs as a cure-all solution. Real immigration reform cannot and should not be designed primarily to enlarge guestworker programs that have served only to provide greedy employers with a steady stream of vulnerable, indentured workers they may exploit for commercial gain.
This week AFL-CIO unions have voted on a landmark resolution that breaks away from this oppressive guestworker mold and offers a more just and viable solution that will benefit all workers. To be effective, comprehensive immigration reform must include three key, interdependent goals: 1) reform proposals MUST provide a clear and well-defined path to permanent residency for those workers already here and contributing to their communities 2) our laws must include uniform enforcement of workplace standards to ensure a more just and level playing field and 3) to achieve a blanket standard of workplace right, we MUST reject outdated guestworker constructs that by their very nature harm the interests of foreign and U.S born workers alike.
The horrific abuses suffered by workers in the first such program, the post -World War II bracero program, are well documented and indisputable. And although most people like to think of bracero programs as a phenomenon of the past, the reality is that their legacy of exploitation and abuse continues to thrive in contemporary American society through modern guestworker programs such as the H1-B and H2-B. President Junemann will talk more about how employers take advantage of H1-Bs and exploit workers while eroding wages and workplace standards within the high tech industry
We believe that there is absolutely no good reason why any immigrant who comes to this country prepared to work, to pay taxes, and to abide by our laws and rules should be relegated to this repressive, second-class guestworker status.
To embrace the expansion of temporary guestworker programs is to embrace the creation of an undemocratic, two-tiered society.
To combat this model, the AFL-CIO has put forth a more humane and democratic alternative. We propose that if employers can demonstrate a real need for outside workers, these workers should be allowed into our country with the SAME RIGHTS AND LABOR PROTECTIONS of any U.S. citizen. When there is a real need for foreign workers, we should embrace these workers NOT as "guests" but as FULL members of society --as PERMANENT RESIDENTS with full rights and full mobility that greedy employers may NOT exploit.
What immigrant workers need is a real path to legalization and a method for addressing America's future needs for outside labor in a way that guarantees immigrant workers--and thus ALL workers--full rights, and a real voice on the job. As a nation that prides itself on fair treatment and equality, we simply cannot settle for anything less.
9:00 am PST, February 28, 2006
This week the AFL-CIO Committee on Immigration adopted one of the most innovative and progressive frameworks for achieving real comprehensive immigration reform. As it stands today, our immigration system is nothing more than a blueprint for exploitation of both foreign and native-born workers. Overhaul of our nation's broken immigration laws is long overdue.
We believe that America deserves a more just and democratic immigration system that protects the interests of ALL workers within our borders-immigrants and U.S.-born workers alike.
It's a tragedy that instead of advocating for permanent relief to the millions of undocumented workers already in this country, paying taxes and contributing to their communities, our nation's leaders continue to push for the same old hollow policies that if enacted will only drive immigrants further into the shadows of American society while allowing employers to depress labor protections and standards for ALL workers within our borders.
Instead of comprehensive reform, many of our leaders continue to look to outdated temporary guestworker programs as a cure-all solution. Real immigration reform cannot and should not be designed primarily to enlarge guestworker programs that have served only to provide greedy employers with a steady stream of vulnerable, indentured workers they may exploit for commercial gain.
This week AFL-CIO unions have voted on a landmark resolution that breaks away from this oppressive guestworker mold and offers a more just and viable solution that will benefit all workers. To be effective, comprehensive immigration reform must include three key, interdependent goals: 1) reform proposals MUST provide a clear and well-defined path to permanent residency for those workers already here and contributing to their communities 2) our laws must include uniform enforcement of workplace standards to ensure a more just and level playing field and 3) to achieve a blanket standard of workplace right, we MUST reject outdated guestworker constructs that by their very nature harm the interests of foreign and U.S born workers alike.
The horrific abuses suffered by workers in the first such program, the post -World War II bracero program, are well documented and indisputable. And although most people like to think of bracero programs as a phenomenon of the past, the reality is that their legacy of exploitation and abuse continues to thrive in contemporary American society through modern guestworker programs such as the H1-B and H2-B. President Junemann will talk more about how employers take advantage of H1-Bs and exploit workers while eroding wages and workplace standards within the high tech industry
We believe that there is absolutely no good reason why any immigrant who comes to this country prepared to work, to pay taxes, and to abide by our laws and rules should be relegated to this repressive, second-class guestworker status.
To embrace the expansion of temporary guestworker programs is to embrace the creation of an undemocratic, two-tiered society.
To combat this model, the AFL-CIO has put forth a more humane and democratic alternative. We propose that if employers can demonstrate a real need for outside workers, these workers should be allowed into our country with the SAME RIGHTS AND LABOR PROTECTIONS of any U.S. citizen. When there is a real need for foreign workers, we should embrace these workers NOT as "guests" but as FULL members of society --as PERMANENT RESIDENTS with full rights and full mobility that greedy employers may NOT exploit.
What immigrant workers need is a real path to legalization and a method for addressing America's future needs for outside labor in a way that guarantees immigrant workers--and thus ALL workers--full rights, and a real voice on the job. As a nation that prides itself on fair treatment and equality, we simply cannot settle for anything less.
leo_loco
10-22 10:30 AM
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
I have a confusion. My H1 stamp on passport is expired but I have valid H1 document untill December 2008. Can I go for stamping with valid H1 document?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
I have a confusion. My H1 stamp on passport is expired but I have valid H1 document untill December 2008. Can I go for stamping with valid H1 document?
more...
jliechty
February 14th, 2005, 12:20 PM
I just bought a new D70 and was interested in getting some advise from current owners about additional lenses and accessories.
Was looking at buying a SB-800 flash. Is this the best option?
The SB-800 is excellent, but a bit expensive. Worthwhile if you can afford it.
How about additional lenses? I have an 18-70mm AF that came with the camera.
I am looking for other nikkor lenses that are very handy to have, meaning won't sit in the bag most of the time.
Any other advice or help would be much appreciated.
Thanks,
Shawn
What kind of photographs do you plan to take? Lenses for bird photography are going to be different than what's needed for macro, which will be different from what's needed for architecture or landscape.
Was looking at buying a SB-800 flash. Is this the best option?
The SB-800 is excellent, but a bit expensive. Worthwhile if you can afford it.
How about additional lenses? I have an 18-70mm AF that came with the camera.
I am looking for other nikkor lenses that are very handy to have, meaning won't sit in the bag most of the time.
Any other advice or help would be much appreciated.
Thanks,
Shawn
What kind of photographs do you plan to take? Lenses for bird photography are going to be different than what's needed for macro, which will be different from what's needed for architecture or landscape.
StarSun
02-07 09:44 AM
Members with questions, take this opportunity to clarify your doubts from these reputed lawyers.
more...
gconmymind
09-03 04:22 PM
We have the 797 approval with us now. I'll try to checkout if we can apply for the SSN.
Thanks a lot guys for responding so quickly.
I think you can still work without the SSN, on valid employment authorization (H1B, EAD, etc.). You cannot get paid until you get SSN.
Check with Social security office. Should not take much time...
Thanks a lot guys for responding so quickly.
I think you can still work without the SSN, on valid employment authorization (H1B, EAD, etc.). You cannot get paid until you get SSN.
Check with Social security office. Should not take much time...
alparsons
January 1st, 2005, 02:33 PM
Just realized I should mention that they look quite good as they are, and if you wanted to tinker with the stuff I mentiioned above I think you could turn it into something that would knock some eyeballs out.
more...
martinvisalaw
10-06 05:45 PM
You could apply to change status from L-1 to H-1B while staying in the US. If the L-1 expires while the change of status is pending, however, you could not work during the gap.
You should not have a problem getting a H-1B visa in India. Have you thought about Canada or Mexico either?
You should not have a problem getting a H-1B visa in India. Have you thought about Canada or Mexico either?
JazzByTheBay
08-01 08:36 PM
It would probably be OK... but as you've rightly guessed, and given the fact that USCIS hasn't really outlined any plans to demonstrate how the extra money will be spent and whether it will guarantee better and faster service measured by a dramatic reduction in processing times, this money is probably going towards enforcement.
It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).
jazz
I guess people are willing to shell out few extra hundreds as long as it expedites the process. Anyway thousands are being spent on attorney's instead if all this money goes to USCIS, atelast things gets done faster. Ofcourse the string attached to this is that the money should be spent for improving process rather than fattening the pockets of few. I am also told that most of the fee money goes towards the Border security ( May be taking money from legal applicants to curb illegals)
It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).
jazz
I guess people are willing to shell out few extra hundreds as long as it expedites the process. Anyway thousands are being spent on attorney's instead if all this money goes to USCIS, atelast things gets done faster. Ofcourse the string attached to this is that the money should be spent for improving process rather than fattening the pockets of few. I am also told that most of the fee money goes towards the Border security ( May be taking money from legal applicants to curb illegals)
Ram_C
11-08 01:45 PM
Thanks so much RAM C.
I have one more question.. if possible could you please clarify this also for me..?
I don't know the procedure for obtaining SSN, but i gathered that I have to show my I-94 at the SSA office, along with passport and other ID's.
My I-94(at POE) and Visa stamping expired in 2006.
Got extension till 2007, and then got H1B, followed by EAD.
I haven't been outside the country, so my current valid I-94 is part of my H1 appoval notice...so do I have to show my H1 also?
Sorry.. for all the questions.. I tried to call the local office but couldn't get through...
THANK YOU
I REALLY appreciate your answers..
Yes that is true, you have to show your passport and I-94 and EAD
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
I have one more question.. if possible could you please clarify this also for me..?
I don't know the procedure for obtaining SSN, but i gathered that I have to show my I-94 at the SSA office, along with passport and other ID's.
My I-94(at POE) and Visa stamping expired in 2006.
Got extension till 2007, and then got H1B, followed by EAD.
I haven't been outside the country, so my current valid I-94 is part of my H1 appoval notice...so do I have to show my H1 also?
Sorry.. for all the questions.. I tried to call the local office but couldn't get through...
THANK YOU
I REALLY appreciate your answers..
Yes that is true, you have to show your passport and I-94 and EAD
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
aniraj
07-31 11:42 PM
I-485 pending with PD June 07 & valid EAD
Is it possible to apply for FAFSA for student aid as they require Green Card or US citizenship?
I see on FAFSA website one catagory as eligible non-citizens which includes applicants with I-94 & with atleast 1 yr parole validity.
Is this the same parole as I-131?
Is it possible to apply for FAFSA for student aid as they require Green Card or US citizenship?
I see on FAFSA website one catagory as eligible non-citizens which includes applicants with I-94 & with atleast 1 yr parole validity.
Is this the same parole as I-131?
reddymjm
06-13 05:43 AM
for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.
PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.
PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.
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