Wednesday, June 8, 2011

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  • need_EAD
    03-17 11:44 AM
    Good News. Great Job Jay.




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  • sk.aggarwal
    11-02 06:08 AM
    Call your employer and ask him for all these documents. These are agreements between your employer and client. He should have these.




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  • mhtanim
    06-07 09:51 PM
    After sending RFE response, I got 1st LUD on 06/02/2009 with message change.

    Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009




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  • adhantari
    08-12 06:24 PM
    what makes u think that he would be banned for asking such questions - if IV is busy may be some senior members can answer.

    it little more. Why is this post missing from Front Page? Some posts are there even they are not updated in last 12hrs. This one was gone from front page in matters of hours. After my reply this should technically come up on front page.... see if it does........ :D



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  • reno_john
    06-11 12:02 PM
    Asked Core Iv A Question And They Deleted The Thread

    --------------------------------------------------------------------------------

    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
    I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.

    I searched but could not find it. why.




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  • wandmaker
    12-18 11:41 PM
    L1A visa, validity May 2008
    EB 1 category
    I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
    When and how can I excercise AC 21 portability
    Do I need an EAD for this

    when: after your 140 is approved and 180 days has passed since you filed AOS.
    how: by notifying USCIS that you are availing AC21, use EAD to work for new employer.



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  • kirupa
    10-05 09:00 PM
    I stickied it - I'm not sure how the rules work in Battle though, so maybe it isn't meant to be stickied. If it gets unstickied, I'm sure I broke some rule :)




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  • gcdreamer05
    02-05 01:06 PM
    You cannot use the experience gained in the current position , so subract that and then do the MS + watever was present before the current position and go for it.

    Also check some thread on IV which talks about EB2 rules changed or something with respect to job codes etc...



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  • cbpds
    11-12 05:31 PM
    why do we even need a bulletin in this case? sheer waste of time for even the folks publishing it,
    waste of gov resources, IT guy has to update, gov employee has to check, someone has to send out the release.

    Seems to me like its been decided by BO or HC .......go home everyone.

    Also says no change expected in the coming months.
    See bottom of the bulletin.
    :(

    :mad:
    F. VISA AVAILABILITY IN THE COMING MONTHS

    Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
    Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

    Employment Second:

    China: none to two weeks

    India: no movement

    Employment Third:

    Worldwide: three to six weeks

    China: one to three weeks

    India: none to two week




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  • Tantra
    07-13 09:26 AM
    Or yesterday... we really want to make it a voice of 50k members (to start with!).



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  • 485Question
    08-31 12:34 PM
    It's all depends on how you maintain the relationship with your company. Offcourse they are into business and they will make sure if they are making money on you as well.

    I would agree not to continue this topic here.




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  • dj9533
    11-10 11:54 AM
    AP
    I485 Receipt Notice
    EAD(just in case)
    thats all you need



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  • saketkapur
    07-27 05:24 PM
    ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)


    Unlawful Presence: Myths and Realities

    Ron Gotcher

    Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.

    A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.

    The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.

    Nonimmigrants are not required to maintain their status after filing for adjustment of status.

    Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.

    It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.

    There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.

    Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.

    Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.

    The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.

    The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.

    There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.

    Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.

    Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.

    Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.

    Ron Gotcher


    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved




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  • studmvr
    12-20 01:31 PM
    Colbert, and Jon shows has a lot of auidences....
    Let's get them to know our hardships.



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  • Miya Maqbool
    08-16 05:20 PM
    Howdy fellow Aliens,

    My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.

    Hi,
    When did you file the I 485 and EAd application for your wife..what ws your PD?
    Thanks




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  • coopheal
    04-23 09:12 PM
    I understand the 10-day rule, but when does the clock start?
    The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.

    LT

    As per my understanding 10 days is from the time you change your permanent address. Due to lease constraint I also had two apartments at same time. I filled online AR-11 within 10 days after I moved to new apartment.



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  • dingudi
    09-30 06:48 PM
    Hi, can anyone shed some light on what happens if the 485 and 140 both are pending for more than 180 days and the applicant is laid off? Does AC21 come handy or any other way out? Also, only 6 months remain on the H1B(8th year extension).

    I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.

    As for AC21 law, it is associated with an approved I-140 and not a pending I-140.




    I-485 July 2 filer , ND Sept 10
    No FP yet




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  • dpp
    06-20 05:42 PM
    I am confused. I have I 140 approval copy but it does not have A# in it. I know lots of people who have approved I 140 and they have A# in it. Please let me know what should I do in this case?

    Just leave it blank. But my approval has it and so i am using it.




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  • dealsnet
    09-08 03:40 PM
    Get ready for an interview. USCIS transfer your petition to NBC for interview by local office.
    Go with a $1000/day lawyer, or, if you are confident and clean case, go alone with all documents.




    jvordar
    07-12 11:34 PM
    hello everybody... have been following this forums since couple days and finally joined it today... hope to post more in near future!!




    sanan
    06-04 09:11 PM
    What is your PD and category?
    I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?

    Thank you.

    delhis



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