kshitijnt
03-06 11:17 AM
All: I applied for advance parole on Feb -9 , delivered Feb -11. I filed under new fees structure and hence I am exempt from fees. I clearly mentioned that in the letter. However, till date I have received no receipt. How should I handle this?
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gc_on_demand
12-09 11:04 AM
Is there any hope for us...
If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )
so to me either dream act will pass as alone or will not.. depends on cloture vote.
If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )
so to me either dream act will pass as alone or will not.. depends on cloture vote.
tictac
09-09 05:22 PM
absolutely!! im just waiting, as soon as AC21 kicks in, i have a plan ready for these suckers
The problem is that most H1 employee's don't know their rights.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
The problem is that most H1 employee's don't know their rights.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
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pappu
11-21 12:27 PM
Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!
No There is already a backlog of such amnesty turkeys from past years. They are all stuck in name checks.:D:D
No There is already a backlog of such amnesty turkeys from past years. They are all stuck in name checks.:D:D
more...
GCBy3000
07-18 04:46 PM
This is ridiculous for the JUNE 2001 PD. They kept it and slept on it all these years and now denied without notice.
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.
The online case tracking system has the status of case received and pending
Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.
The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.
How can the case be denied with out any notice? Do we have precedence on this level by USCIS?
I did a FP appt in Jan 2006 though.
I have been asked to refile I-485 now.
omved
05-05 02:25 AM
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
more...
smisachu
04-26 11:18 AM
If your previous company has closed down, there isnt any way you can port the PD.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
Thanks for the reply. I guess no luck is good luck in the present immigration system.:mad:
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
Thanks for the reply. I guess no luck is good luck in the present immigration system.:mad:
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TexDBoy
02-06 03:32 PM
Hi All,
I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.
Is this really true?
Thanks,
Kaushik
Hi Kaushik,
Are you filing an H1B Amendment to reflect your new position
I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.
Is this really true?
Thanks,
Kaushik
Hi Kaushik,
Are you filing an H1B Amendment to reflect your new position
more...
narendra_modi
07-07 01:48 PM
If you have not yet received any RFE, you are a lucky person and your I-485 application has been filed perfectly. As per USCIS announcements, they have almost completed (99.99%) review of all pending AOS cases and pre-adjudicated most of them. I will presume that your case has been pre-adjudicated and all set to go Green whenever visa number is available.
One way to find out whether your case been pre-adjudicated is to call USCIS thro POJ method and talk to a IO (not customer service person) and they will be able to tell you.
Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?
One way to find out whether your case been pre-adjudicated is to call USCIS thro POJ method and talk to a IO (not customer service person) and they will be able to tell you.
Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?
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gcobsessed
10-23 01:21 PM
One of my friends had his 485 pending. He took leave of absence from company and went on to pursue full time MBA for 2 years.
In the middle of MBA, company had to remove him from payroll due to re-org.
Green card came in a few months.
He is now doing a hot shot MBA job using GC.
Will he face issues during N-400?
Is there anything wrong in what he did?
This is according to Ron Gotcher at http://immigration-information.com/forums/showthread.php?t=6273
----------
Generally speaking, there is nothing to prevent someone from going back to school while they await final green card processing. The new school program, however, raises two important questions:
First, after completing the new program, will you work in the same or similar occupational classification as that for which you received foreign labor certification? If so, then there is no problem. If not, that presents a very serious problem. At first glance, it would appear that receiving an MBA would move you into a different occupational classification. That will certainly be an issue if you pursue this path.
Second, you are obligated to take up employment in your field within a reasonably short time after your green card is approved. I would think that if you had already started a new semester, you could wait until it ended to resume your employment, but not much beyond that.
--------------
So, it appears this might be a problem if the new employment is not in the same field as the one for which labor was approved.
In the middle of MBA, company had to remove him from payroll due to re-org.
Green card came in a few months.
He is now doing a hot shot MBA job using GC.
Will he face issues during N-400?
Is there anything wrong in what he did?
This is according to Ron Gotcher at http://immigration-information.com/forums/showthread.php?t=6273
----------
Generally speaking, there is nothing to prevent someone from going back to school while they await final green card processing. The new school program, however, raises two important questions:
First, after completing the new program, will you work in the same or similar occupational classification as that for which you received foreign labor certification? If so, then there is no problem. If not, that presents a very serious problem. At first glance, it would appear that receiving an MBA would move you into a different occupational classification. That will certainly be an issue if you pursue this path.
Second, you are obligated to take up employment in your field within a reasonably short time after your green card is approved. I would think that if you had already started a new semester, you could wait until it ended to resume your employment, but not much beyond that.
--------------
So, it appears this might be a problem if the new employment is not in the same field as the one for which labor was approved.
more...
wellwishergc
07-11 12:52 PM
^^^^^^^^^
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Viktor
07-12 08:34 AM
Tancredo Announces 'Overdue' Immigration Reform
http://www.cnsnews.com/ViewPolitics.asp?Page=/Politics/archive/200707/POL20070712b.html, By Nathan Burchfiel, CNSNews.com Staff Writer, July 12, 2007
(CNSNews.com) - Rep. Tom Tancredo (R-Colo.) on Wednesday announced plans to introduce legislation that would overhaul the U.S. immigration system by placing tighter restrictions on legal immigration and increasing pressure on illegal immigrants currently in the country to leave.
Full article posted at http://immigrationvoice.org/forum/showthread.php?t=4805&page=47
http://www.cnsnews.com/ViewPolitics.asp?Page=/Politics/archive/200707/POL20070712b.html, By Nathan Burchfiel, CNSNews.com Staff Writer, July 12, 2007
(CNSNews.com) - Rep. Tom Tancredo (R-Colo.) on Wednesday announced plans to introduce legislation that would overhaul the U.S. immigration system by placing tighter restrictions on legal immigration and increasing pressure on illegal immigrants currently in the country to leave.
Full article posted at http://immigrationvoice.org/forum/showthread.php?t=4805&page=47
more...
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cox
October 7th, 2005, 02:10 AM
...What shutter speed did you get for the geese images?...I have tried using camoflage clothes as well as a blind but I think you still have to visit the same place for an extended period to let the birds get used to the addition of the blind or you-posing-as-a-bush in their environment.
Thanks guys. I used the following for the "good" photo: Focal length:840.0mmExposure time:0.0012 s (1/800)Aperture:f/9.0ISO equiv.:400Metering Mode:spotExposure:aperture priority (semi-auto)
with the 12mm tube. I have learned the value of stillness in photographing birds and small mammals. In fact, just moving really slowly, like you are doing tai-chi, seems to shorten the spook time before the animals come back.
Great cardinal, Gary. I've had some problems with the small birds, but I am still trying...
Thanks guys. I used the following for the "good" photo: Focal length:840.0mmExposure time:0.0012 s (1/800)Aperture:f/9.0ISO equiv.:400Metering Mode:spotExposure:aperture priority (semi-auto)
with the 12mm tube. I have learned the value of stillness in photographing birds and small mammals. In fact, just moving really slowly, like you are doing tai-chi, seems to shorten the spook time before the animals come back.
Great cardinal, Gary. I've had some problems with the small birds, but I am still trying...
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hejilac1224
09-13 03:41 PM
Has you h1b finally been approved? I' m interested to what happened next as I am now on the same situation. Thanks and GL.
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pmamp
02-26 04:14 PM
can she accept fellowship on H4?
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lahiribaba
03-01 02:30 PM
Friends,
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
you say you will "complete 3 years since landing in Canada"
then you say " I have not livied in Canada more that a couple of weeks since landing"
With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
you say you will "complete 3 years since landing in Canada"
then you say " I have not livied in Canada more that a couple of weeks since landing"
With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.
more...
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bigboy007
07-31 10:08 PM
No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)
Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?
Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?
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Hassan11
06-17 12:05 PM
is it PO box # 852401 or 851041 ?? please confirm correct PO box #.
For USPS deliveries:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
For private courier (non-USPS) deliveries:
USCIS
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
For USPS deliveries:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
For private courier (non-USPS) deliveries:
USCIS
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
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TO BE OR NO TO BE
10-21 04:19 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
usirit
01-28 01:33 PM
It's amazing the time and energy spent (wasted?) with Sen. Mike Delph illegal-worker bill. Would it be the same for an improved Legal Immigrants system? :rolleyes: I guess not because we are already paying taxes, but unfortunately for us we are stuck in this overkill and non-sense process. My LC (EB3) for instance is waiting to be certified by Chicago DOL since 08/06/07, it got audited in 12/05/07, DENIED on 12/21/07, appealed, and then moved back to "In Process" in 01/10/08. My wife and 3 kids are stuck with their H-4 status while I am an H1-B. Meanwhile, around $20K has been paid between immigration and legal/attorney's fees.
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
waitin_toolong
11-30 08:57 AM
The emails are sent only when there is a status change not for updates and the delays in the emails are at least at this time due to the fact that they are not updating the status immediately but mailing the documents first.
