polapragada
03-16 11:28 PM
Are you referring to OP ( ganguteli )
"I saw this on an anti immigrant site by a M*****r. "
This is his first line of the post.
1. First Correct your profile
2. He deserves it
"I saw this on an anti immigrant site by a M*****r. "
This is his first line of the post.
1. First Correct your profile
2. He deserves it
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Dj-Studios
06-01 04:55 PM
That's more like it. :P
OLDMONK
07-19 03:17 PM
8 CFR Sec. 245.2(a)(4)(ii)(C) . It says:
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
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PD_Dec2002
07-10 09:04 PM
However this smacks of unfairness as well. See this comment on Greg Siskind's blog (http://blogs.ilw.com/gregsiskind/2007/07/service-centers.html#comments) in response to the news about TSC holding the applications while NSC's been retirning them and some July 02 packages have been returned as well.
Greg,
Where did you get this news? If they partially returned some cases received on July 02, it is very very very unfair for those got returned. They were the first getting in the line and now they have to wait at the end of the line??? If USCIS is going to treat the returned cases that way, they will face more lawsuits to come. If they are to hold later on cases, they have have have to allow the returned cases to be sent back and put in front of the line, with delivery notice as the proof of getting sent back.
This is very annoying notice indeed.
Posted by: no more patience | July 10, 2007 at 05:02 PM
----------------------
Thanks,
Jayant
Greg,
Where did you get this news? If they partially returned some cases received on July 02, it is very very very unfair for those got returned. They were the first getting in the line and now they have to wait at the end of the line??? If USCIS is going to treat the returned cases that way, they will face more lawsuits to come. If they are to hold later on cases, they have have have to allow the returned cases to be sent back and put in front of the line, with delivery notice as the proof of getting sent back.
This is very annoying notice indeed.
Posted by: no more patience | July 10, 2007 at 05:02 PM
----------------------
Thanks,
Jayant
more...
kondur_007
08-13 04:20 PM
Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
GCNaseeb
10-01 05:55 PM
Attorney emailed me this morning all our Receipt Notices for our I-485/I-765/I-131. All numbers start with WAC. Receipt Number of I-485 is the same number as Transfer Notice.
more...
krishna
02-04 07:59 PM
I was in Chennai for a visa stamping on Dec 20th. The process both outside and inside the consulate has improved a lot. This was my 5th visit to get a H1 stamp. This time the experience was a little bit different in that they sent me back saying the photos i had were unacceptable. It is not a big deal to get the passport photos outside the consulate but does create a tense situation which can be avoided. I took photos from here (picture people - told them it was for US visa) and it was unacceptable in Chennai. Please make sure that you have the photos as per the VFS specs mentioned on the website. Other than the photos the only thing i was asked was the most recent W2. No questions. Hope this info helps.
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yibornindia
11-25 03:48 PM
any other person who has dealt with or heard of this lawfirm?
I heard good words for this attorney, but I am not his client.
I heard good words for this attorney, but I am not his client.
more...
ram04
10-03 07:34 PM
FP Status Check
Create a profile by registering your details and add your receipt numbers to that.
Then you will see a column which indicates LUD.
Create a profile by registering your details and add your receipt numbers to that.
Then you will see a column which indicates LUD.
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Edison99
01-26 02:05 PM
Sounds good!
"In simple English, the bill would eliminate the annual green card lottery and give the 55,000 green cards each year to foreign-born graduates of U.S. universities with advanced degrees in the sciences or in medicine.
With the employment-based second preference category (EB-2) backlogged for many years for persons born in India and mainland China, our country would benefit greatly if 55,000 more green cards were available annually for highly-educated people."
--------------------------------------------------------------------
However the bill would also benefit EB3, as the numbers will roll down from EB2. Not a bad deal, as it would reduce everyone's stress.
"In simple English, the bill would eliminate the annual green card lottery and give the 55,000 green cards each year to foreign-born graduates of U.S. universities with advanced degrees in the sciences or in medicine.
With the employment-based second preference category (EB-2) backlogged for many years for persons born in India and mainland China, our country would benefit greatly if 55,000 more green cards were available annually for highly-educated people."
--------------------------------------------------------------------
However the bill would also benefit EB3, as the numbers will roll down from EB2. Not a bad deal, as it would reduce everyone's stress.
more...
hopefullegalimmigrant
04-20 06:37 PM
All of of this, writing to the president, congressman/congresswoman are fine, but PLEASE, PLEASE make sure, that the following are adhered to:
(1) Address the President as "Honorable Mr. President", and not "Hello Mr. Obama"
(2) Please please please apply spell check and make sure that your letter/email/fax is grammatically correct. All of us claim to be "best and brightest" and "highly educated", but having seen the composition skills and grammar usage of a lot of us here, on IV, I would higly recommend having another person, who is more competent in the PROPER use of English language, take a look at whatever you write.
(3) It would make sense to send letters (several thousands of them, if possible), to the President, on the same day. Even if a handful of these letters make it to his desk, each with same/similar content, but from different people, he just might notice it enough.
You are right. I accept. I sent an apology, water under the bridge, Thanks for the reconfirmation. Now What can we do to make this happen. What suggestions do you have other than send more letters?
(1) Address the President as "Honorable Mr. President", and not "Hello Mr. Obama"
(2) Please please please apply spell check and make sure that your letter/email/fax is grammatically correct. All of us claim to be "best and brightest" and "highly educated", but having seen the composition skills and grammar usage of a lot of us here, on IV, I would higly recommend having another person, who is more competent in the PROPER use of English language, take a look at whatever you write.
(3) It would make sense to send letters (several thousands of them, if possible), to the President, on the same day. Even if a handful of these letters make it to his desk, each with same/similar content, but from different people, he just might notice it enough.
You are right. I accept. I sent an apology, water under the bridge, Thanks for the reconfirmation. Now What can we do to make this happen. What suggestions do you have other than send more letters?
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gc_boy
04-06 04:25 PM
same story for me, i just moved to different unit in the same apartment. everything remains the same. Same city, same zip code, same employer.. Somehow i believe address change triggered the RFE. Probably the change in the file pushed my file in FIFO and someone looked into it and gave a RFE. Will have to wait till i get the actual letter.
more...
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gc??
11-12 12:35 PM
If you were a donor member you could have asked IV to help you. They helped people with EAD delays by talking to USCIS.
If you read my post, I did say I got mine in time. I do appreciate what IV does.
I donate when I can, thanks for letting me know that I have to donate.
If you read my post, I did say I got mine in time. I do appreciate what IV does.
I donate when I can, thanks for letting me know that I have to donate.
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frostrated
08-05 03:43 PM
Myht 1: If I-485 gets denied I have H1-B to as a back up.
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
Answer to Myth1: If your 485 gets denied, you CAN fall back on your H1, provided you are still working for the H1 sponsor and your H1 has not expired. If your 485 is denied, then your EAD cannot be renewed but is valid to its expiry. Your AP on the other hand is no longer valid as it depends on the 485 for survival - Immigration will check your 485 status during secondary screening. H1 is standalone and does not depend on 485 status.
Answer to Myth2: You can keep EAD as backup to change employer or even work for current employer. Your H1 extension is based on 140 approval and not 485. If your 140 is revoked, you cannot extend your H1, unless you have an approved 140 with another employer.
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
Answer to Myth1: If your 485 gets denied, you CAN fall back on your H1, provided you are still working for the H1 sponsor and your H1 has not expired. If your 485 is denied, then your EAD cannot be renewed but is valid to its expiry. Your AP on the other hand is no longer valid as it depends on the 485 for survival - Immigration will check your 485 status during secondary screening. H1 is standalone and does not depend on 485 status.
Answer to Myth2: You can keep EAD as backup to change employer or even work for current employer. Your H1 extension is based on 140 approval and not 485. If your 140 is revoked, you cannot extend your H1, unless you have an approved 140 with another employer.
more...
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HV000
04-02 07:33 PM
AILA - USCIS MEETING MINUTES - APRIL 2,2008
* Multi year EAD - Under Review
* Multi year AP - Under Review
* Combined EAD & AP Document - Under Review/Testing
* Reinstating Premium Processing of I-140 Petition - No Timeline Given
http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf
* Multi year EAD - Under Review
* Multi year AP - Under Review
* Combined EAD & AP Document - Under Review/Testing
* Reinstating Premium Processing of I-140 Petition - No Timeline Given
http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf
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vik123
02-05 04:32 PM
Sometimes I think that rather than writing to these politicians ,we should write to USCIS.This retrogression is caused by them.They didn't wait for any bill to be passed for this retrogression.There is no use of talking to politicians,they don't care.
I know that USCIS will not care either but USCIS did it out of nowhere ,till sep2005,everything was fine for them and suddenly in oct 2005,they put us in backward direction.Now after a year and a half ,we are at the same spot,waiting for the visa bulletin and staying depressed for a day or two after seeing it.
I don't know .I am so mad at everybody.
Sorry for the ranting.
Btw,i have already sent emails to USCIS and chicago tribune regarding this .
I know that USCIS will not care either but USCIS did it out of nowhere ,till sep2005,everything was fine for them and suddenly in oct 2005,they put us in backward direction.Now after a year and a half ,we are at the same spot,waiting for the visa bulletin and staying depressed for a day or two after seeing it.
I don't know .I am so mad at everybody.
Sorry for the ranting.
Btw,i have already sent emails to USCIS and chicago tribune regarding this .
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grimus
05-24 12:53 PM
webfax sent.:)
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rb_248
02-05 06:59 AM
I had my I140 approved too and had mentioned it in my application. They dont bother you. They however gave me 221g to verify student status and delayed my visa for two weeks. Interview was less than 2 mins and the vo said she had to verify student status thats it.
What is that? Never heard of that before. Do I have to take anymore documants with me for this?
What is that? Never heard of that before. Do I have to take anymore documants with me for this?
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telekinesis
05-28 06:59 PM
I'm at work right now, been working 10 hour days, but tonight sounds good for opening Photoshop.
abh
07-31 11:20 AM
Our case is also in Des Moines,IA
maddipati1
08-14 05:10 AM
possible reason for mysterious rejections :
You are a mail room guy, you go home friday (06/29) and comeback on monday (06/02).
You start the monkey business of timestamping incoming mail, but half an hours into the day (around 8 or 9:00 am), you realize "sshhttt: i did not change the date on my stamp, its still read 06-29-2007". In the classical govt. fashion, you do not bother to go back and restamp the applications with the correct datetime. Not because you are evil, but because you simply don't understand the ramifications of early stamping. You think u are doing the guy a favor, putting him/her early in line.. but guess what... the guy's application is gonna get rejected.
Could this be the case with some apps mysteriously being rejected?
WAAV GREAT LOGIC!!!! HOW COME I CANT THINK THIS WAY TO SOLVE THIS MISTERY. WAAV GENIUS IS HERE. YOU THE MAN. MAN U R VERY SMART. THATS IT. THATS HOW IT HAPPENED. UR IQ MUST BE VERY HIGH. :mad:
You are a mail room guy, you go home friday (06/29) and comeback on monday (06/02).
You start the monkey business of timestamping incoming mail, but half an hours into the day (around 8 or 9:00 am), you realize "sshhttt: i did not change the date on my stamp, its still read 06-29-2007". In the classical govt. fashion, you do not bother to go back and restamp the applications with the correct datetime. Not because you are evil, but because you simply don't understand the ramifications of early stamping. You think u are doing the guy a favor, putting him/her early in line.. but guess what... the guy's application is gonna get rejected.
Could this be the case with some apps mysteriously being rejected?
WAAV GREAT LOGIC!!!! HOW COME I CANT THINK THIS WAY TO SOLVE THIS MISTERY. WAAV GENIUS IS HERE. YOU THE MAN. MAN U R VERY SMART. THATS IT. THATS HOW IT HAPPENED. UR IQ MUST BE VERY HIGH. :mad:
