Wednesday, June 8, 2011

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  • mkrisa
    08-11 10:16 AM
    [QUOTE=sush;136161]EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.

    If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?

    Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.




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  • Ramba
    08-13 06:29 PM
    Hi

    Whats your opinion? Do I have a chance with new updated list and 4 more publications and a letter about my leadership role?

    With identical evidence, my EB2-NIW was approved at NSC.

    -Please advice.

    BP

    EB1-EA requires "extrodinary ability". So you need to have national/international merit/awards like olympic medal or nobal prize. Just having PhD and having tons of papers will not necessarly makes a person as "extrodinary". So it is tricky and diffult. It is better to consult a any of your friend, if they got through EB1-EA, or otherwise consult a good lawyer who is capable of making sucsesful EA cases. This forum mainly thros idea on Eb2/EB3 and retrogression issues. You may not find a good answer here.




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  • divakarr
    09-05 10:34 AM
    yes, you can say over 90 days, level 2 people they do not care.




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  • HV000
    12-30 10:23 AM
    I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
    An actual case would be helpful.

    I spoke to a reputable attorney and they said its possible to get 3 years extn. using the case number screen shot.



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  • needhelp!
    11-06 06:52 PM
    brij523.. Taking time out for IV even though you have your GC




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  • little_willy
    08-15 11:28 PM
    ^^^^^^^^^



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  • bsbawa10
    08-14 09:43 PM
    **********EDIT:
    Since some people were corrupting other's data, . I do not know if it was intentional or unintentional. If it was unintentional and you do not know how to use spreadsheets, please Fill the form by going to
    http://spreadsheets.google.com/viewform?key=pQG8H7vLQOz5-YnFYQw71PA

    To view the complete data, please visit the link : i.e.

    http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest

    The spreadsheet is totally sorted now according to the PD. I had to make one change though. The day of the month of PD was not mentioned and I had to write something to sort it out. I made it 1st of the month for everybody to be able to so sorting. I guess we can live with that abstraction.

    Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.

    My humble request to all please act responsibly.
    Do not edit somebody elses data.
    Do not add/delete/modify any column.
    Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
    I will sort the data according to PD periodically.

    You can add your own row at the end . Also please please do not sort the data.




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  • haifromsk@yahoo.com
    08-21 07:25 PM
    Great Suggestions. and please dont hesitate in demanding ur employer.
    employers come up with vague reasons like we dont want to share tax telated info with many lawyers etc etec etc. Dont listen. Exceptions are always there but in general company hired lawyers are incompetant as they work on a whole sale basis and less accountable. And company hired lawyers are faithful to the employer and not you. In case of crisis they back whomever pay them. So guys shell ur money out and go with ur own lawyer. Or be smart enough to negotiate with ur employer that they pay the whole sale rate to ur lawyer and u come up with the difference for hiring a good lawyer



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  • Desertfox
    02-06 03:52 AM
    Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.

    My question is, which section of the immigration law explicitly says that an AOS applicant has legal resident status in the United States at the discretion of Attorney General? I have asked this question on various immigration blogs/forums, but I am yet to get an answer.

    There was a recent incident mentioned in Carl Shusterman's website and a Pilipino family was detained for hours by border patrol in California near Mexico border for having expired I-94 on passport even though they had I-485 receipt notices with them. I drive on I-8 frequently, and it might help quoting from the law if I ever face a similar situation.

    Thanks in advance for your comments on this.




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  • regacct
    04-26 08:04 AM
    Try sending the complete info with all the supporting documents, and a letter mentioning that you are sending this in addition to the one that was filed electronically and this was to correct the omission present in the e-filed app.



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  • webm
    05-05 04:37 PM
    You missed the 2 year EAD and AP man. ;)

    This is still under review by USCIS..man..not finalized yet..fyi..




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  • spicy_guy
    03-28 11:45 PM
    If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).

    Employee must be paid ALL THE TIME on H1. Period.
    That's the law.

    Problem for you is, technically you will be out of status if you are not paid.



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  • cinqsit
    11-24 06:07 PM
    I have seen people get a copy of their approved I-140 using FOIA Freedom of Information Act Request, where the employer was giving them a hard time and not sharing their I-140 info. So there are ways you can get a copy of the approved I-140 provided of course everything is in order. (previous poster has also posted information of getting duplicate I-140)

    This is kind of similar - you should contact a good lawyer and try and get that I-140 copy
    if you current lawyer is unhelpful just get advice and help from some other immigration lawyer - you are in the home stretch dont give up - try and provide USCIS whatever they want. (though technically they should have information about the approved I-140 - so I dont get why they are requesting a original copy from you!)

    Also you mention
    "In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney."

    Do you have any documentation abou this ? a letter from Congressman etc? This is really weird never heard anything like this before.

    You should collect all such documents (contact the congressman again if need be to get a letter or something in writing) then contact
    a good immigration lawyer.

    Good luck!




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  • hpandey
    10-06 11:51 AM
    Not exactly, http://immigrationvoice.org/forum/showthread.php?t=21871

    Bingo !! We would never be lucky enough to get rid of the GCTEST headache :D



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  • karn.anand
    11-02 07:32 AM
    i Cant see my post here. Here is the link..http://www.kirupa.com/forum/showthread.php?t=337838




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  • dpsg
    03-06 08:46 PM
    Buddy,
    I know pessimism sometimes is hard on people who is giving everything to cause... But again concentrate on work we are doing. Ignore doom/gloom
    from some members, because if you show them light at the end of tunnel,
    many sitting on the fences will join... again suggest don't worry about it &
    concentrate on goals/objectives.

    good luck.



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  • fxok425
    01-09 11:44 PM
    Are you joking? Then I will ask my husband apply for NIW. I hate my job!!!! Can not stand woking in this profession full time for another 5 years!!!!!




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  • waitin_toolong
    10-01 02:31 PM
    there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.

    eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.

    but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.


    For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.

    You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.




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  • 485Mbe4001
    05-25 12:56 PM
    I renewed at SFO via mail, got it in 3.5 weeks, no problems at all, my requirement was not urgent. They have number you can call and ask for status, people are nice to talk to and you can ask them to expediate it you are in a hurry. Chicago might be the same.

    Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.




    vikramy
    01-08 11:05 AM
    Is Attorney coming today?




    myuname
    06-18 11:14 AM
    Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.

    but I am not an expert so I guess others around here might have a different take. Best,



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