validIV
03-17 08:53 PM
That's not true, as per my attorney. When you are on the 7th yr of your H1 the only reason for the you get the 3 year extention on the H1 based on your approved I140 after filing your 485, is so that you won't be out of status even if your 485 gets rejected. You can still stay is status in US and appeal your 485.
Sorry, forgot to mention the MTR. If your I-485 AND MTR is rejected, my point still stands.
Before you decide to waste your H-1 time please read: http://imminfo.com/Newsletter/2009-3/EAD_vs_H1B.html
Always consult a proper immigration attorney
Sorry, forgot to mention the MTR. If your I-485 AND MTR is rejected, my point still stands.
Before you decide to waste your H-1 time please read: http://imminfo.com/Newsletter/2009-3/EAD_vs_H1B.html
Always consult a proper immigration attorney
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pappu
01-27 01:02 PM
I agree. This is a good idea.
In these tough times we will allow people to create threads in this section to post their qualifications and also to post if they have any leads.
Let us try to help each other.
We have also started a social networking groups called 'IV Job networking' http://immigrationvoice.org/forum/group.php?groupid=1
You can also use that area to make friends.
Send me a PM if you have any ideas how we can improve our site to accommodate this need of our members.
In these tough times we will allow people to create threads in this section to post their qualifications and also to post if they have any leads.
Let us try to help each other.
We have also started a social networking groups called 'IV Job networking' http://immigrationvoice.org/forum/group.php?groupid=1
You can also use that area to make friends.
Send me a PM if you have any ideas how we can improve our site to accommodate this need of our members.
ptolia
08-04 10:27 PM
Looks like it is the photos. I got the RFE after opening a Service Request and they have asked for photos. Morons. They could have made it clear in the instructions to send photos.
It doesn't happen to everyone. A couple of my friends got the ead without sending the photos. It all depends on who processes your application. If he is an ass, you are in trouble.
So, better send the pictures if you are planning to e-file.
I have sent the photos and now have to wait for another 45 days. Hopefully a smart guy who knows what he is doing will process it this time.
GCplease,
Have you received your EAD? if so how many days it took after responding to RFE?
Thanks
It doesn't happen to everyone. A couple of my friends got the ead without sending the photos. It all depends on who processes your application. If he is an ass, you are in trouble.
So, better send the pictures if you are planning to e-file.
I have sent the photos and now have to wait for another 45 days. Hopefully a smart guy who knows what he is doing will process it this time.
GCplease,
Have you received your EAD? if so how many days it took after responding to RFE?
Thanks
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loudobbs
08-24 03:25 PM
So I assume your PD need NOT be current to get FP notice?
As posted earlier in this thread "MOST" people will get FP notices. Sometimes minors do not
(from I485 instruction form)
5. Biometric services.
If you are between the ages of 14 and 79, you must be fingerprinted as part of the USCIS biometric services requirement. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, may also take your photograph and signature. Failure to appear to be fingerprinted or for other biometric services may result in a denial of your application.
As posted earlier in this thread "MOST" people will get FP notices. Sometimes minors do not
(from I485 instruction form)
5. Biometric services.
If you are between the ages of 14 and 79, you must be fingerprinted as part of the USCIS biometric services requirement. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, may also take your photograph and signature. Failure to appear to be fingerprinted or for other biometric services may result in a denial of your application.
more...
jase21
03-18 07:42 PM
code !
nozerd
08-07 04:12 PM
pm1010
do you have green card now ? If you have a PD before 2000 you shouldnt have any issues.Can you please articulate pitfalls you encountered trying to do the Windor Detroit thing ?
do you have green card now ? If you have a PD before 2000 you shouldnt have any issues.Can you please articulate pitfalls you encountered trying to do the Windor Detroit thing ?
more...
desi485
11-07 03:14 PM
Friends,
I have been reading a lot about recent mis-handling of AC21 cases. Majority of them were due to employer revoking an approved I-140 after 180 days of filling the I-485. While I do not know laws fully and my understanding is limited, let me share some thoughts on this.
To me, this seems to be an un-ethical tactic by some employers; AFAIK there is no legal requirement for them to do so.
Moreover, it is a Loose-Loose situation for all the concerned parties.
Here is how:
1. For candidate - additional burden of filling an MTR, risk of loosing EAD & Job and financial burden. :eek:
2. For CIS - Addional burden & wastage of resource not only cancelling 140 and sending notice, but also most likely they will have to reverse the decision when candidate will file MTR. (For that matter, there is no fees to cancel an I-140)
3. For employer - Employer gets nothing in return, if he doesn't want to be happy in a sadistic way. Apart from this, it is almost certain that it will bring bad name to employer among future & current employees if harassment was the only motive.
This whole exercise seems to be useless. :confused:
The AC21 law allows employee to move freely using EAD, why should employers be allowed to harass an employee when it is almost certain that employee has done nothing against the law? Isn't this un-ethical? This useless exercise will help none but the attorneys in terms of additional money filling an MTR.
Can we do some brain-storming and come to some strategy to improve this situation? A letter campaign is already going on. Please share other ideas.
One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???
How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.
Thoughts?
I have been reading a lot about recent mis-handling of AC21 cases. Majority of them were due to employer revoking an approved I-140 after 180 days of filling the I-485. While I do not know laws fully and my understanding is limited, let me share some thoughts on this.
To me, this seems to be an un-ethical tactic by some employers; AFAIK there is no legal requirement for them to do so.
Moreover, it is a Loose-Loose situation for all the concerned parties.
Here is how:
1. For candidate - additional burden of filling an MTR, risk of loosing EAD & Job and financial burden. :eek:
2. For CIS - Addional burden & wastage of resource not only cancelling 140 and sending notice, but also most likely they will have to reverse the decision when candidate will file MTR. (For that matter, there is no fees to cancel an I-140)
3. For employer - Employer gets nothing in return, if he doesn't want to be happy in a sadistic way. Apart from this, it is almost certain that it will bring bad name to employer among future & current employees if harassment was the only motive.
This whole exercise seems to be useless. :confused:
The AC21 law allows employee to move freely using EAD, why should employers be allowed to harass an employee when it is almost certain that employee has done nothing against the law? Isn't this un-ethical? This useless exercise will help none but the attorneys in terms of additional money filling an MTR.
Can we do some brain-storming and come to some strategy to improve this situation? A letter campaign is already going on. Please share other ideas.
One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???
How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.
Thoughts?
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Winner
05-01 12:52 PM
Administrative Fix-IT campaign
No. It's not a typo. USCIS indeed needs to help us in order to help itself. With the recent campaign by Immigration Voice to request the administration to pass certain measures that would immensely help the High Skilled Legal Immigrant community, USCIS can legitimately and administrative improve its processes, so that it can go back and do what it does the best - Adjudicate immigration applications.
Despite the reality of a huge economic deficit to be borne by the new administration, the Inspector General recently cautioned Congress about the impending backlogs caused by outdated policies and the slow pace of IT modernization of USCIS. One statement in particular stands out - USCIS has come out with plans to modernize its processes, but these plans are pending approval.
Quote : Until USCIS improves IT management and operations, the USCIS will not be in a position to either effectively manage existing workloads or handle the potentially dramatic increase in immigration benefits processing workloads that could result from proposed immigration reform legislation - Oh Law Firm
The current administration should pass these administrative fixes in order to better the main purpose of USCIS.
Some of the fixes include -
1. Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.
Due to processing delays, USCIS is forced to waste approx. 20,000 visas allocated for the Employment Based Permanent Residency process. This measure will indeed help USCIS to process and clear the backlog once and for all.
2. Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.
By strictly defining job categories, legal immigrants are subjected to undue hardship and career stagnation. When a legal immigrant decides to move to another job with a different (and usually better) position, he/she is forced to start the legal immigration application cycle again, causing more paperwork and process cycles on USCIS's part. One way of Simplifying the process is to relax or broaden the definition of "same or similar" job description while applying for a visa during a job change. Imagine stuck in the same job for 6-10 years because federally mandated visa numbers are not available but you have been successfully approved to get one.
3. Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.
Form I-485 is the last step of the Permanent Residency process. This step is required in order for a legal immigrant's status to be adjusted to that of a Permanent Resident. Without this step, applicants cannot apply for I-485 and have to wait until visa numbers are available.
4. Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
EAD or Employment Authorization Document is a temporary status allowing the applicant to work for any employer until the immigrant's 485 application is adjudicated. AP or Advanced Parole allows a applicant who is waiting for his/her I-485 to be adjudicated, to travel to his/her home country in the event of an emergency. Both these documents are available for a hefty sum and are valid only for 1 year. With recent backlog estimates at 800,000 applications, USCIS has to endure tremendous workload by renewing these documents once a year. By issuing documents valid for 3 years, this burden can help USCIS focus better on other adjudication work.
5. Allow visa revalidation in the United States.
Visa revalidation, per the State department, is required to be done outside the US at a consular post in an immigrant's home country. This causes undue burden on the legal immigrant.
6. Reinstate premium processing of Immigrant Petitions.
For those employers looking for a quick adjudication to an immigrant employee's petition to work, premium processing has been a god send. Premium processing forces the employer to pay more in order to receive an expedited decision on the petition. Premium processing was suspended due to receipting backlogs after the July 2007 Visa Bulletin fiasco. Now that the receipting backlogs are over, USCIS should now reinstate premium processing for immigrant petitions.
In-house cleanup of the USCIS by embracing the above administrative fixes will immensely help USCIS realign its purpose of adjudicating visa and permanent residency petitions rather spend a good portion of its time working on supporting "pending state" measures.
I sincerely request everyone to write to the President.
More information is available in this thread at Immigration Voice:
http://immigrationvoice.org/forum/showthread.php?t=16506
NOTE: This website is in no way affiliated to Immigration Voice and the opinions and comments documented here are that of the blog owner's.
No. It's not a typo. USCIS indeed needs to help us in order to help itself. With the recent campaign by Immigration Voice to request the administration to pass certain measures that would immensely help the High Skilled Legal Immigrant community, USCIS can legitimately and administrative improve its processes, so that it can go back and do what it does the best - Adjudicate immigration applications.
Despite the reality of a huge economic deficit to be borne by the new administration, the Inspector General recently cautioned Congress about the impending backlogs caused by outdated policies and the slow pace of IT modernization of USCIS. One statement in particular stands out - USCIS has come out with plans to modernize its processes, but these plans are pending approval.
Quote : Until USCIS improves IT management and operations, the USCIS will not be in a position to either effectively manage existing workloads or handle the potentially dramatic increase in immigration benefits processing workloads that could result from proposed immigration reform legislation - Oh Law Firm
The current administration should pass these administrative fixes in order to better the main purpose of USCIS.
Some of the fixes include -
1. Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.
Due to processing delays, USCIS is forced to waste approx. 20,000 visas allocated for the Employment Based Permanent Residency process. This measure will indeed help USCIS to process and clear the backlog once and for all.
2. Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.
By strictly defining job categories, legal immigrants are subjected to undue hardship and career stagnation. When a legal immigrant decides to move to another job with a different (and usually better) position, he/she is forced to start the legal immigration application cycle again, causing more paperwork and process cycles on USCIS's part. One way of Simplifying the process is to relax or broaden the definition of "same or similar" job description while applying for a visa during a job change. Imagine stuck in the same job for 6-10 years because federally mandated visa numbers are not available but you have been successfully approved to get one.
3. Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.
Form I-485 is the last step of the Permanent Residency process. This step is required in order for a legal immigrant's status to be adjusted to that of a Permanent Resident. Without this step, applicants cannot apply for I-485 and have to wait until visa numbers are available.
4. Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
EAD or Employment Authorization Document is a temporary status allowing the applicant to work for any employer until the immigrant's 485 application is adjudicated. AP or Advanced Parole allows a applicant who is waiting for his/her I-485 to be adjudicated, to travel to his/her home country in the event of an emergency. Both these documents are available for a hefty sum and are valid only for 1 year. With recent backlog estimates at 800,000 applications, USCIS has to endure tremendous workload by renewing these documents once a year. By issuing documents valid for 3 years, this burden can help USCIS focus better on other adjudication work.
5. Allow visa revalidation in the United States.
Visa revalidation, per the State department, is required to be done outside the US at a consular post in an immigrant's home country. This causes undue burden on the legal immigrant.
6. Reinstate premium processing of Immigrant Petitions.
For those employers looking for a quick adjudication to an immigrant employee's petition to work, premium processing has been a god send. Premium processing forces the employer to pay more in order to receive an expedited decision on the petition. Premium processing was suspended due to receipting backlogs after the July 2007 Visa Bulletin fiasco. Now that the receipting backlogs are over, USCIS should now reinstate premium processing for immigrant petitions.
In-house cleanup of the USCIS by embracing the above administrative fixes will immensely help USCIS realign its purpose of adjudicating visa and permanent residency petitions rather spend a good portion of its time working on supporting "pending state" measures.
I sincerely request everyone to write to the President.
More information is available in this thread at Immigration Voice:
http://immigrationvoice.org/forum/showthread.php?t=16506
NOTE: This website is in no way affiliated to Immigration Voice and the opinions and comments documented here are that of the blog owner's.
more...
amitjoey
05-09 02:32 PM
Does any one know how mant days it takes to get denail notive .I-140 denied on April 22 and says notice mailed but didnt recieve yet .Both emploter and attorney havent recieved any thing yet .Is this Normal ?
Talash, this is not normal. Your notice could have been lost in the mail. Ask your attorney to contact USCIS and explain. Also employers can request a courtesy copy. So also ask your employer to request one. USCIS will not entertain any request from you, since I140 is a employer filed petition.
Talash, this is not normal. Your notice could have been lost in the mail. Ask your attorney to contact USCIS and explain. Also employers can request a courtesy copy. So also ask your employer to request one. USCIS will not entertain any request from you, since I140 is a employer filed petition.
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rustamehind
07-15 12:01 PM
Lou Dobbs is a xenophobiac and doesn't listen no matter what argument you put in front of him.He is single mindedly focussed on opposing immigrants , be it legal or illegal.He just wants to project himself as a champion for the causes of American middle class, totally ignoring the contribution immigrants have made to build this country.Let that bugger speak , we will also protest & put our point of view in the right way & at the right forum.
more...
rkdownload
01-23 10:59 PM
It's getting tough day by day on H1b extension
Read this case
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=3121052681
Read this case
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=3121052681
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Legal
05-30 03:16 PM
when you say you don't understand.I just don't understand one basic question.
It is called vote bank politics. Boost number of Hispanic voters. In the short term current Hispanic US citizens will massively favor democrats. In the long term (read 10 yrs) 12 million hispanic democrats. Justice, fairness etc have no role here. :eek:
It is called vote bank politics. Boost number of Hispanic voters. In the short term current Hispanic US citizens will massively favor democrats. In the long term (read 10 yrs) 12 million hispanic democrats. Justice, fairness etc have no role here. :eek:
more...
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meridiani.planum
04-03 02:13 PM
can someone explain it again in simpler terms ..does the above mean that if a 485 is pending then that person is not out of status (or unlawful presence) till a decision is made on the pending 485 ?
if you re-enter the US on an AP, they give you an I-94 with teh same date of expiry as your AP expiry (within 1 year). AILA was wondering if USCIS could come out with a memo clarifying that essentially that I-94 has no meaning, if you are in the US after it expires, you are still within status (because you have a 485 pending, and that gives you status until the decision is made on it)
if you re-enter the US on an AP, they give you an I-94 with teh same date of expiry as your AP expiry (within 1 year). AILA was wondering if USCIS could come out with a memo clarifying that essentially that I-94 has no meaning, if you are in the US after it expires, you are still within status (because you have a 485 pending, and that gives you status until the decision is made on it)
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GCVivek
03-29 04:52 PM
No, I did not misunderstand. That reply had no quote included and therefore was directed to the person who opened the thread (see very first post from AkhiChopra) and that has everything to do with salary. :o
I think you misunderstood. The OP is talking about his friend, his company and payment from clients. It has nothing to do with salary
I think you misunderstood. The OP is talking about his friend, his company and payment from clients. It has nothing to do with salary
more...
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imh1b
04-28 09:08 AM
Revitalizing the Golden State (http://www.americanprogress.org/issues/2011/04/revitalize_golden_state.html)
Florida Shouldn’t Make Arizona’s Mistake (http://www.americanprogress.org/issues/2011/04/fl_immigration.html)
Do legal immigrants have any such article? Do legal immigrants impact economy? How can we know that?
Florida Shouldn’t Make Arizona’s Mistake (http://www.americanprogress.org/issues/2011/04/fl_immigration.html)
Do legal immigrants have any such article? Do legal immigrants impact economy? How can we know that?
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GCapplicant
06-15 11:57 AM
Hi guys,
I just want to ask a question:Should we take Medical exam now it self or wait until we receive any letter from them for Medical exam...Can we attach it along with our forms
I just want to ask a question:Should we take Medical exam now it self or wait until we receive any letter from them for Medical exam...Can we attach it along with our forms
more...
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gc_dreamer_485
10-10 04:14 PM
Thanks Waiting_toolong!
Canadian Border is like an hour nad half drive for me. I can drive up to border but i don't have a canadian visa. So i will be denied an entry and if i return back will i get a new I-94?
Thanks!
Canadian Border is like an hour nad half drive for me. I can drive up to border but i don't have a canadian visa. So i will be denied an entry and if i return back will i get a new I-94?
Thanks!
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efzuniga
08-26 09:47 PM
Same happened to us. The checks were cashed and we have even received the appointment notices for biometrics. My lawyer told me that there have been several cases lake this one. He is going to submit proof of the checks being cashed and copy of the notices to the USCIS.
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sweet23guyin
04-03 11:15 AM
It all boils down how one interprit the following statement...
"AILA believes the language emphasized merely signals that one would lose his underlying nonimmigrant status by changing employers, rather than by adding one."
"AILA believes the language emphasized merely signals that one would lose his underlying nonimmigrant status by changing employers, rather than by adding one."
dpp
08-14 02:23 PM
Can i re-enter with AP if H1 stampping rejected?
Yes
Yes
virens
05-24 12:55 PM
Done
