sandiboy
07-19 03:45 PM
How will USCIS process the I-485 petitions?. According to the applicant's labor priority date or I-485 petition receipt date?. pray tell....:confused:
There is a thread going on with this discussion:
http://immigrationvoice.org/forum/showthread.php?t=10428
It is processed per RD, but approved per PD.
There is a thread going on with this discussion:
http://immigrationvoice.org/forum/showthread.php?t=10428
It is processed per RD, but approved per PD.
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aroranuj
04-09 03:43 PM
I just received an email from USCIS saying that my I-140 has been denied. I touched base with the attorney & she has not yet received any documentation from USCIS. This has been the 1st change in my status since Aug 07. My case is pending at TSC.
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
hibworker
01-26 04:18 PM
If she will not be able to get F1, what will be her status in USA ?
If she has filed for I-485 then she will be in Adjustment status - allowing her to study, work on EAD and travel overseas on AP. If she hasn't applied for I-485 when her F1 is denied then she will have to come back on H4 - she can study but not work.
If she has filed for I-485 then she will be in Adjustment status - allowing her to study, work on EAD and travel overseas on AP. If she hasn't applied for I-485 when her F1 is denied then she will have to come back on H4 - she can study but not work.
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gc_chahiye
10-27 01:54 AM
I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.
For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
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Jaime
09-12 02:59 PM
http://immigrationvoice.org/forum/showpost.php?p=114880&postcount=3560
Thanks
Thanks
grupak
08-15 11:03 AM
I have been asked filled out a new I-9 form; I mailed it to my employer along with the copy of approval notice and plastic card.
Thanks Wandmaker. Its clear (I think) what to do if you have the plastic... but what if you only have the approval notice I-797 (not the physical green card) and new EAD/H1B (which is not useful now), and need to file a I-9 because the old one is expiring.
Consider a hypothetical situation : current EAD expires August 20, I-9 expires August 20, have a new EAD valid from August 21 for one more year. And also have an approval notice for the green card but no green card yet. If the plastic doesn't come by Aug 20th, can the I-797 for the green card be used to file I-9 and continue employment? The new EAD is probably not valid anymore.
Thanks Wandmaker. Its clear (I think) what to do if you have the plastic... but what if you only have the approval notice I-797 (not the physical green card) and new EAD/H1B (which is not useful now), and need to file a I-9 because the old one is expiring.
Consider a hypothetical situation : current EAD expires August 20, I-9 expires August 20, have a new EAD valid from August 21 for one more year. And also have an approval notice for the green card but no green card yet. If the plastic doesn't come by Aug 20th, can the I-797 for the green card be used to file I-9 and continue employment? The new EAD is probably not valid anymore.
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sanagani
03-25 06:24 PM
I have moved to san jose using AC21 last year but still have the address of my aunt in los angeles as they own a house , so that i do not have to go thru address change hassle, it is okay or do i have to provide my address
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cableching
07-27 01:52 PM
H
Even I changed my address last month. No RFE.
Now Again I want to chnage. I want to know If I just submit AR11 online, without updating the pending applications ( not expecing any communication for CIS next couple of months). Will they look in to AR11 and issue RFE(If at all).OR it is just a record no one care unless you chnage the pending applications.
Thanks
It is a "MUST" to update address on all the pending applications too. Look at the below thread for more info...
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/161016-does-ar11-change-of-address-trigger-rfe-for-evl.html#post487007
Even I changed my address last month. No RFE.
Now Again I want to chnage. I want to know If I just submit AR11 online, without updating the pending applications ( not expecing any communication for CIS next couple of months). Will they look in to AR11 and issue RFE(If at all).OR it is just a record no one care unless you chnage the pending applications.
Thanks
It is a "MUST" to update address on all the pending applications too. Look at the below thread for more info...
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/161016-does-ar11-change-of-address-trigger-rfe-for-evl.html#post487007
more...
jonnalagedda
06-24 07:11 PM
I do not want to renew the advanced payroll, since I do not foresee travel within the next 18 months overseas. Is there a way I can skip the renewal this time around (1-year extension) and renew it the next time? If there is an emergency, I can still go to India and have the Visa-stamped since we have a valid H1/H4 right?
Are there any risks here?
Are there any risks here?
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s416504
03-31 09:56 AM
Will be hard to give correct answer because we don't know what was his status since H1B approval & now (more than year period). If he went went out of country & returned to USA during this period, He is fine with his L1 Status.
As far his H1B approval has valid period, he should be OK to work with H1B sponcer employer as far as he maintained valid status. He might need to go out & get H1B visa stamping before he starts works.
But one thing is sure, He won't be part of H1B Quota limit for his next H1B.
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
As far his H1B approval has valid period, he should be OK to work with H1B sponcer employer as far as he maintained valid status. He might need to go out & get H1B visa stamping before he starts works.
But one thing is sure, He won't be part of H1B Quota limit for his next H1B.
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
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Blog Feeds
04-07 11:20 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
The Barack Obama Administration recently announced that border guards at United States Ports of Entry (POE) will begin screening aliens arriving from certain countries based on specific information about threats to the USA. The immigration attorneys at Los Angeles' Fong & Chun immigration law firm are advocates for national security balanced against sensible protections for civil rights. We hope this change will reduce the number of unwarranted, unreasonable, and (usually) unfriendly challenges to certain arriving visitors.
Since the New York terrorist attack in September 2001, the USA has maintained a list of approximately fourteen countries (the so-called "group of fourteen") which are considered to encourage state-sponsored terrorism, or which are believed to provide assistance to terrorists. The US would not even officially name the specific countries, or confirm the exact number of countries, on the list. All citizens of one of these countries -- of any gender, any age, any social class, any educational level, for any reason -- would be subjected to additional interrogation by US Border Guards.
The newly-announced change sets up a system which uses intelligence information and threat assessment -- about specific persons, specific targets, and specific descriptions, to identify passengers who might have a link to terrorism. Quite properly, those persons would be subjected to additional scrutiny. Others who do not meet the more reasoned threat profiles would be allowed to enter the USA in the way of other visitors.
For example: most people in the know would say that the Islamic Republic of Iran was part of the group of fourteen. All citizens from Iran -- absolutely all -- would be pulled aside and interrogated at POEs. Under the new system, if the US has specific information about a 26-year old male Iranian student, or an Iranian woman with a certain name, or even someone with a partial passport number, then persons meeting those descriptions will be pulled aside. This allows border guards to focus their efforts on persons about whom the USA has specific threat-related information. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html)
The Barack Obama Administration recently announced that border guards at United States Ports of Entry (POE) will begin screening aliens arriving from certain countries based on specific information about threats to the USA. The immigration attorneys at Los Angeles' Fong & Chun immigration law firm are advocates for national security balanced against sensible protections for civil rights. We hope this change will reduce the number of unwarranted, unreasonable, and (usually) unfriendly challenges to certain arriving visitors.
Since the New York terrorist attack in September 2001, the USA has maintained a list of approximately fourteen countries (the so-called "group of fourteen") which are considered to encourage state-sponsored terrorism, or which are believed to provide assistance to terrorists. The US would not even officially name the specific countries, or confirm the exact number of countries, on the list. All citizens of one of these countries -- of any gender, any age, any social class, any educational level, for any reason -- would be subjected to additional interrogation by US Border Guards.
The newly-announced change sets up a system which uses intelligence information and threat assessment -- about specific persons, specific targets, and specific descriptions, to identify passengers who might have a link to terrorism. Quite properly, those persons would be subjected to additional scrutiny. Others who do not meet the more reasoned threat profiles would be allowed to enter the USA in the way of other visitors.
For example: most people in the know would say that the Islamic Republic of Iran was part of the group of fourteen. All citizens from Iran -- absolutely all -- would be pulled aside and interrogated at POEs. Under the new system, if the US has specific information about a 26-year old male Iranian student, or an Iranian woman with a certain name, or even someone with a partial passport number, then persons meeting those descriptions will be pulled aside. This allows border guards to focus their efforts on persons about whom the USA has specific threat-related information. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html)
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die_exquisita
06-03 06:23 AM
Hello,
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
more...
house Like A Gold Fish cartoon 1
md2003
08-28 09:08 AM
I am planning to go to Canada for H1B visa stamping. Will there be any problem if i have company on H1B. I opened in 2003 and My friend is working in that company. I am working for my employer only. Will there be any problem if i have company either in GC stage or getting Visa in Canada.
Thx
Thx
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s416504
11-04 10:57 AM
Does any one knows if I485 pending people (180Plus Days) eligible for State Unemployment Benefits?
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hojo
10-20 03:18 PM
nice new footer kirupa, looks great
ahh so with the stereographs you have to position them differently? not just have the same picture side by side?
ahh so with the stereographs you have to position them differently? not just have the same picture side by side?
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raysaikat
07-13 01:18 AM
Would going to Canada and re-entering without going for visa stamping count as lawful entry??
Yes (assuming you stayed in Canada for less than 2 weeks or whatever is that number).
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
If you did not submit your old I-94 at the time of entering canada, then you keep the same I-94. In fact, if you do not have a valid visa stamp (i.e., you are entering using visa revalidation), then it is best not to submit your current I-94.
Yes (assuming you stayed in Canada for less than 2 weeks or whatever is that number).
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
If you did not submit your old I-94 at the time of entering canada, then you keep the same I-94. In fact, if you do not have a valid visa stamp (i.e., you are entering using visa revalidation), then it is best not to submit your current I-94.
more...
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kaisersose
08-03 04:56 PM
hi guyz,
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
As long as nothing changes on paper, you are good. The title can be different as long as there are at least some responsibilities similar to your previous role.
But keep in mind, that companies & management are volatile by nature. The manager and HR who are cooperating today may move on and you may have to deal with new people who may not be willing to go along.
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
As long as nothing changes on paper, you are good. The title can be different as long as there are at least some responsibilities similar to your previous role.
But keep in mind, that companies & management are volatile by nature. The manager and HR who are cooperating today may move on and you may have to deal with new people who may not be willing to go along.
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coopheal
07-09 08:03 AM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
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Reggit
10-13 12:52 AM
I should really try thinking of the easy way out of these things. :P Just made my comic from 10 layers for the whole thing to about 40. Oh well, heh.
Thanks again. :A+:
Thanks again. :A+:
piyu7444
05-05 11:27 PM
Employer can revoke 140 but as 180 days have passed you will have to demonstrate to USCIS that your 140 would have been approved with the new company if it was filed. That is somewhat not very straightforward so my suggestion is that you should take your employer in confidence so that 140 is not revoked......
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
flyfishertoo
August 7th, 2004, 06:11 AM
I left a comment in your gallery yesterday. Overall I like the picture, but I think it just too over exposured. I enjoyed the entire series.
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