pradeep_s
12-19 11:41 PM
Hi,
I have my I-140 approved in EB2 category (applied in Feb 06), at present
in H1b (paperwork valid till Nov. 07). I would like to know
whether there are any problems in going to India and getting
my visa stamping done.
Are there any legal issues - like you cannot travel abroad while your I-140 is
approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
is Jan 03).
Any suggestions/comments/advice greatly appreciated.
pradeep
I have my I-140 approved in EB2 category (applied in Feb 06), at present
in H1b (paperwork valid till Nov. 07). I would like to know
whether there are any problems in going to India and getting
my visa stamping done.
Are there any legal issues - like you cannot travel abroad while your I-140 is
approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
is Jan 03).
Any suggestions/comments/advice greatly appreciated.
pradeep
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lecter
January 6th, 2005, 09:05 PM
I see what your getting at...... yep... I do like that too.... still have a lot to learn :D
It was a quick and dirty, you can select a colour and then mask and feather it so there's no halo's around the edges, blah blah...
there's heaps of excellent PS books around....
indulge yourself...
Scott Kelby is a good start....
Rob
It was a quick and dirty, you can select a colour and then mask and feather it so there's no halo's around the edges, blah blah...
there's heaps of excellent PS books around....
indulge yourself...
Scott Kelby is a good start....
Rob
binadh
07-09 01:44 PM
I have made several attempts to get my money back from my previous lawyer without any success. After complaining about his services, he has sent me an email saying the he will return half of the money because he was not prompt on processing my case and I was not happy with his services. I received that email about 6 weeks ago and haven't seen a dime from him yet. And I do not think I will get my money back from this guy. This was paid for creating my job profile and filing the labor - what this bastard calls an initial retention.
Is there any specific website/forum where I can post my experience with this guy so that others will not take their business to this scammer. Please let us know if there is anything that we can do about this type of guys?
Is there any specific website/forum where I can post my experience with this guy so that others will not take their business to this scammer. Please let us know if there is anything that we can do about this type of guys?
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bkarnik
04-17 03:37 PM
But, even if you are being audited, you still would get a response within 60 days letting you know that your case is being audited. They need to do this because they need all the records from the company for auditing. This way the DOL can keep the statistics at an impressive level. My guess is that either this particular application has fallen through the cracks due to the initial IT issues or the lawyer and/or the employer have not bothered to let the employee know if they have received any information.
My 2 cents..
My 2 cents..
more...
BharatPremi
09-06 01:06 PM
I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.
Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.
Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.
panky72
06-20 02:28 PM
I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
You can travel on H-1 without I-485 receipt according to new USCIS rule but for travel on AP you still need the receipt for 485.
http://www.murthy.com/news/n_firule.html
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
You can travel on H-1 without I-485 receipt according to new USCIS rule but for travel on AP you still need the receipt for 485.
http://www.murthy.com/news/n_firule.html
more...
venky08
07-27 02:52 PM
Related to the questions on this thread.
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c
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xu1
08-08 09:58 PM
I guess he is trying to lift the sunken spirits of the IV members. But I feel that if SKIL goes through, we will be fine. It all depends on SKIL
Yep.. Cheer up however we can.
note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.
Yep.. Cheer up however we can.
note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.
more...
eagerr2i
08-30 01:03 PM
A clarification to the questions raised, you may book a ticket for a friend or a relative using your airlines miles. I have done that for some of my relatives and friends on a few instances in the recent past. Hence, there is no need to transfer miles to the individual traveling.
You may not sell the miles in any form.
You may not sell the miles in any form.
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frostrated
06-18 02:35 PM
My current visa status is I-140 approved, I-485 pending, EAD and AP approved.
I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
more...
sk.aggarwal
11-11 08:03 PM
I have never heard about this before, but if I were you I would:
1. Immediately request transcripts from college in sealed envelope, exactly as requested.
2. I dont think sending notarized copies will work, because notaries normally dont attest document, owner of the document does that and they just say that it is your signature. As per my understanding you will need to send the originals as requested. But with it you can safely send a letter asking them to send the documents back. Include a prepaid fedex envelop.
Worst case, they will loose these documents but you can get them reissued from university. But if you dont send documents as requested your application could be denied.
Its amazing the extent USCIS will go to make our lives tough
1. Immediately request transcripts from college in sealed envelope, exactly as requested.
2. I dont think sending notarized copies will work, because notaries normally dont attest document, owner of the document does that and they just say that it is your signature. As per my understanding you will need to send the originals as requested. But with it you can safely send a letter asking them to send the documents back. Include a prepaid fedex envelop.
Worst case, they will loose these documents but you can get them reissued from university. But if you dont send documents as requested your application could be denied.
Its amazing the extent USCIS will go to make our lives tough
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gc28262
08-27 06:37 PM
Use FOIA form to get a copy of your I-140 approval notice. It is a slow process. Can take upto a year to get the document.
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
more...
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frostrated
08-10 08:45 AM
Friends
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
It is very easy and do not need a lawyer.
First get admission into a school and then provide your H4 documents and a letter stating that you do not intend to reside in the US post-completion of your education and that you want to return to your country.
The school will then send your documents to the USCIS for a COS from H4 to F1.
How do I know this? Coz I went thru this.
But remember, do not file your 485 as long as your wife is in school. Coz if you go on to an EAD status, it will be very difficult to convert your F1 spouse to EAD. Since you are EB3 wait until your wife completes her education, and either gets a H1 or H4 prior to submitting 485.
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
It is very easy and do not need a lawyer.
First get admission into a school and then provide your H4 documents and a letter stating that you do not intend to reside in the US post-completion of your education and that you want to return to your country.
The school will then send your documents to the USCIS for a COS from H4 to F1.
How do I know this? Coz I went thru this.
But remember, do not file your 485 as long as your wife is in school. Coz if you go on to an EAD status, it will be very difficult to convert your F1 spouse to EAD. Since you are EB3 wait until your wife completes her education, and either gets a H1 or H4 prior to submitting 485.
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21stIcon
05-04 01:07 PM
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.
more...
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ImmigrationAnswerMan
06-30 12:09 PM
Apollon:
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
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gcformeornot
08-16 01:44 PM
Hi,
My husband's company is paying for his 485 fees but not for me. I'm just wondering if they should charge me a separate legal fee for this case?
My understanding is legal fee already covers for both me and my husband and this has already been paid of by the Company. And now they are charging us a separate legal fee for me also as spouse.
Thanks for your advise.
is paying for my complete GC process. But I am going to pay for my wife and kid's legal fee for 485+EAD+AP and filing fees for 485+EAD+AP
My husband's company is paying for his 485 fees but not for me. I'm just wondering if they should charge me a separate legal fee for this case?
My understanding is legal fee already covers for both me and my husband and this has already been paid of by the Company. And now they are charging us a separate legal fee for me also as spouse.
Thanks for your advise.
is paying for my complete GC process. But I am going to pay for my wife and kid's legal fee for 485+EAD+AP and filing fees for 485+EAD+AP
more...
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NikNikon
July 15th, 2004, 11:13 AM
Awesome shot! Nice work. :cool:
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willigetgc?
09-09 09:21 AM
Not sure when the movie got released, but last weekend I got to watch "Outsourced" - It was fun !! I would recommend it, a little laughter on this tense topic.
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waitin_toolong
04-28 09:16 AM
that provision was only during the fiasco, you can efile and should send the documents as requested.
Dhundhun
03-18 02:10 PM
Thanks. I'll try SSN based on AOS. If they refuse, I'll get EAD for my wife.
SSN based on AOS did not work. Going ahead with applying for EAD as it may take years and years to get GC. There may be more such things coming in future, which may require EAD and SSN and so on - who knows. While not applying for AOS, we wanted to save US$180 of EAD and have less (useless - at that point of time) paperwork.
SSN based on AOS did not work. Going ahead with applying for EAD as it may take years and years to get GC. There may be more such things coming in future, which may require EAD and SSN and so on - who knows. While not applying for AOS, we wanted to save US$180 of EAD and have less (useless - at that point of time) paperwork.
gcwatchdog
11-20 12:32 PM
It,s better to have all the paystubs for easy employer switch(AC21).
You should prepare for sacrifice holding payment.....or feel like you are on vacation...
You should prepare for sacrifice holding payment.....or feel like you are on vacation...
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