Jaime
09-12 02:20 PM
Real Life :
A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
Both husband and wife are well on thier way to permanent residency in UK.
Doubly bad for the United States!!!
A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
Both husband and wife are well on thier way to permanent residency in UK.
Doubly bad for the United States!!!
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MYGC2008
07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
ram_ram
01-05 10:51 AM
I contributed my 10 cents..Just now.
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martinvisalaw
07-20 02:05 PM
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer. Will this affect anyhow on my chances of approval of my AOS?
You cannot be in H-4 status and work, even with an EAD. Either you have H-4 status and don't work, or you work on the EAD. H-4 status does not allow for work, even with an EAD. If the employer won't extend your H-1B, you just ned to make sure that you always have a valid EAD and an Advance parole so you can travel.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer. Will this affect anyhow on my chances of approval of my AOS?
You cannot be in H-4 status and work, even with an EAD. Either you have H-4 status and don't work, or you work on the EAD. H-4 status does not allow for work, even with an EAD. If the employer won't extend your H-1B, you just ned to make sure that you always have a valid EAD and an Advance parole so you can travel.
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sanjay
08-30 12:01 PM
Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green
because some people might rated you -ve for this post, which serves no purpose, when we have more than enough polls around. Try to refrain from postings if you don't have any constructive info. Its better to refresh page and keep reading others posts.
because some people might rated you -ve for this post, which serves no purpose, when we have more than enough polls around. Try to refrain from postings if you don't have any constructive info. Its better to refresh page and keep reading others posts.
neerajkandhari
03-16 08:52 AM
Can I work for the same employer as a contractor (1099)
I dont want to be on payrorle with the company for whom i work
I dont want to be on payrorle with the company for whom i work
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gcformeornot
10-12 02:16 PM
My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....
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dealsnet
03-05 02:26 PM
You didn't mentioned, how you are going to file AOS.
Is it employment based? or family based.?
If employment based, please fill your info.
I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.
I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,
1. Buying/selling stuff online under my business name
2. Contract work/1099's- built website templates for clients
I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.
On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.
My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?
Thank you.
Is it employment based? or family based.?
If employment based, please fill your info.
I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.
I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,
1. Buying/selling stuff online under my business name
2. Contract work/1099's- built website templates for clients
I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.
On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.
My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?
Thank you.
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DSLStart
10-01 09:31 AM
There is no RFE for expired FP, they would only send a FP notice if they are awake.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
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saadm
01-11 01:40 AM
This message is for people who posting against the reform bill, its just surprising how you all come to this country for better life .. and now complaining!! Just because you had better education and had a chance to go to college doesn't give you the right to look at others as less than you.
Yes, they come to U.S and might overstayed... guess what you might done the same thing if you wanted better life for your family.
The illegals came to U.S for the same reason you are here for ... Better life for their families and children. Just because now they have a chance to change their situation little bit faster than you do ... doesn't mean we should hate them and start claiming that they will bring U.S backward...... Just because of these people you have food on your table...
Its not their fault that most of Indian cases are in back log, you have a choice either be patient or go back....!
We need to care and wish good for others as we wish it for our-self and our family members. Be side the bill is not giving them green card or citizenship right a way they have to wait 6 or more years before they get to this point..... all what they are getting is legalization of thier present in U.S nothing more...
But you have another choice cross the border and come back as illegal you might get yor paper work done faster !! :eek::p
Yes, they come to U.S and might overstayed... guess what you might done the same thing if you wanted better life for your family.
The illegals came to U.S for the same reason you are here for ... Better life for their families and children. Just because now they have a chance to change their situation little bit faster than you do ... doesn't mean we should hate them and start claiming that they will bring U.S backward...... Just because of these people you have food on your table...
Its not their fault that most of Indian cases are in back log, you have a choice either be patient or go back....!
We need to care and wish good for others as we wish it for our-self and our family members. Be side the bill is not giving them green card or citizenship right a way they have to wait 6 or more years before they get to this point..... all what they are getting is legalization of thier present in U.S nothing more...
But you have another choice cross the border and come back as illegal you might get yor paper work done faster !! :eek::p
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srarao
07-23 12:05 PM
R.Pitcher
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greencardvow
08-03 06:59 PM
H1B and 485 are two different processes. H1B extension has nothing to do with your 485 filing. If the priority dates are not current at the time of filing H1B extension and 140 is approved you are eligible for 3 year extension...
Fire your company lawyer for incorrect information.
Fire your company lawyer for incorrect information.
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willwin
04-04 10:50 PM
Congrats man. I am still waiting for mine. All the best for your perm.
Thanks and wish you the same!
My labor has been filed today (04/04/2010)
Thanks and wish you the same!
My labor has been filed today (04/04/2010)
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jliechty
August 14th, 2006, 11:40 AM
I'm sorry to react so strongly, also... It's important to remember that being there with the right light at the right time is what matters. Even if you've just got a drebel with the 18-55 or a d?0 with the 18-70, using the lenses at their strong points will make nice 11x14's or maybe even 16x20's depending on your taste for putting nose grease on your prints. ;)
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sweet_jungle
12-30 01:17 PM
What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.
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vimalm
08-21 10:14 PM
I have this exact same issue. My wife can't come back before 1st Oct. She will be coming back Late Nov. What we want is to go for H1-b stamping and come back on H1-b.
Last set of questions asked by sunny is what I am also interested in. Can somebody confirm/deny that you can go for H1-b stamping and come back on H1-b (H1-b was filed as Change of status request to be effective on Oct 1).
Last set of questions asked by sunny is what I am also interested in. Can somebody confirm/deny that you can go for H1-b stamping and come back on H1-b (H1-b was filed as Change of status request to be effective on Oct 1).
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geniousatwork
09-01 03:49 PM
Congratulations !!! GOOD LUCK to all the people awaiting approval notice.
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HereIComeGC
04-11 12:26 PM
dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)
Thank you Dude and Lasantha. ALso Lasantha - Congrationtions on your GC. I will tolerate the annoying message and grind it out.
Thank you Dude and Lasantha. ALso Lasantha - Congrationtions on your GC. I will tolerate the annoying message and grind it out.
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cchaitu
07-24 04:34 PM
Hi,
If I have a permanent offer after 180 days of Receipt date (I 485)...
Is this offer should be in the same location (state) where my labor got filed ???
Please advice...
Thanks
Please Advice
If I have a permanent offer after 180 days of Receipt date (I 485)...
Is this offer should be in the same location (state) where my labor got filed ???
Please advice...
Thanks
Please Advice
bfadlia
03-17 08:53 AM
Thank you.
Any other opinions or experiences?
Any other opinions or experiences?
calredd
10-01 01:52 PM
You have to select NO if your VISA has expired more than an year back from your future/present appointment date. Your category will come under new Visa. I am in the same boat as yours and when I see availabity, there is none. Dont know what to do.
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