Waitnwait
01-26 12:58 PM
i have asked the question to president. i guess number of votes matter on what questions will be asked. so i request to all of you to vote for my question.
Please search for this text
"antcipate any relief for skilled immigrants in near future?"
and vote for it... Good luck
Please search for this text
"antcipate any relief for skilled immigrants in near future?"
and vote for it... Good luck
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kaisersose
04-16 10:00 AM
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.
If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.
If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.
rti25
11-15 10:06 AM
Thank you guys all for your response.
as you told,i thought i can wait untill 6 months before its date of expiry to renew my card.
thank you all
as you told,i thought i can wait untill 6 months before its date of expiry to renew my card.
thank you all
2011 2011 Toyota Tacoma X-Runner
babydiams
04-19 01:34 PM
whilei don t know what is salary as per market rate... i will not have any salary... only straight commission. but i guess i can ask the broker to pay me a salary but i will not be an agent ...more like someone working in the office like a secretary.
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newuser
02-23 03:54 PM
Me too.
I use IE 7.0
I use IE 7.0
st4rguitar
04-14 08:44 PM
I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)
No problem, good luck!
No problem, good luck!
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manderson
11-05 02:25 PM
i know. but psychologically it's soo hard. and counting towards the 180 days makes it even harder
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
2010 2011 Toyota Tacoma
drona
07-09 11:52 PM
Arun on behalf of all IV members, please join nixstor! Check out USCIS address in Google Maps. Please take any one else with you who is willing to go. Nixstor said he would be there 10am to 1pm.
Thank you!
Thank you!
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ganguteli
07-07 12:32 PM
Why can't your friend post this himself?
You are such a good friend that you care about his immigration needs. ;)
You are such a good friend that you care about his immigration needs. ;)
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GCBy3000
07-11 06:51 PM
I am reading "CIR is dead" from logiclife. I have not read this anywhere? Is this officially declared? If not, pls edit this as I do not want IV member to get caught on this news break.
Everyone who is frustrated: please have some restraint.
Shouting out, and making fun of lawmakers does not behoove us if we are working with their offices.
Imaigine this: We go into a lawmaker's office (which we do quite often even now, even tho CIR is dead) and explain who we are, our situation, retrogression, etc. etc. and then the staff comes to us and says: By the way, your website has said "This" about my boss, congressman XYZ.
What do you think we are going to say to them? That we practice first amendment rights on our forums where we openly trash you, and the next morning, we walk into your office and ask for provisions and legislations to help us????
First amendment is great to have when you need to rebel, protest and outright oppose someone. Not when you are looking to work with someone and advocate. There is a huge difference between advocacy and protest.
So legal, others, while it provides a great deal of relief to lash out at congressmen, or media, (I've done my share of mistakes in this regard, so I know) try to do it in a way that it doesnt make us look like fools when we go to their office asking for favors/provisions.
Everyone who is frustrated: please have some restraint.
Shouting out, and making fun of lawmakers does not behoove us if we are working with their offices.
Imaigine this: We go into a lawmaker's office (which we do quite often even now, even tho CIR is dead) and explain who we are, our situation, retrogression, etc. etc. and then the staff comes to us and says: By the way, your website has said "This" about my boss, congressman XYZ.
What do you think we are going to say to them? That we practice first amendment rights on our forums where we openly trash you, and the next morning, we walk into your office and ask for provisions and legislations to help us????
First amendment is great to have when you need to rebel, protest and outright oppose someone. Not when you are looking to work with someone and advocate. There is a huge difference between advocacy and protest.
So legal, others, while it provides a great deal of relief to lash out at congressmen, or media, (I've done my share of mistakes in this regard, so I know) try to do it in a way that it doesnt make us look like fools when we go to their office asking for favors/provisions.
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cleopatra
02-07 03:28 PM
That is the problem. There is no such thing in the flcdatacenter, but in onet online, there is a
15-1099.11 - Information Technology Project Managers. This is not present in flcdatacenter.
Here is the problem. So by this token, does it mean that IT Project managers either need to be classified as CIS managers or not get classified at all? This is absurd.
The attorney is not giving out any suggestions on what to do as they already filed, got a high PW and appealed which got denied.
The attorney is suggesting to refile, something I don't think is going to change the outcome.
Any suggestions?
15-1099.11 - Information Technology Project Managers. This is not present in flcdatacenter.
Here is the problem. So by this token, does it mean that IT Project managers either need to be classified as CIS managers or not get classified at all? This is absurd.
The attorney is not giving out any suggestions on what to do as they already filed, got a high PW and appealed which got denied.
The attorney is suggesting to refile, something I don't think is going to change the outcome.
Any suggestions?
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desi3933
05-04 10:44 AM
Hi,
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at India.
I want to know for how long I can work from India on H1 being on US payroll?
You are not any visa status when you are not present in the USA.
As per as your working in India, you are subject to Indian labor (should I write, labour) laws and income taxes. It does not matter currency you are paid. What matter is, your physical location during the work performed for the employer.
_______________________
Not a legal advice.
US citizen of Indian origin
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at India.
I want to know for how long I can work from India on H1 being on US payroll?
You are not any visa status when you are not present in the USA.
As per as your working in India, you are subject to Indian labor (should I write, labour) laws and income taxes. It does not matter currency you are paid. What matter is, your physical location during the work performed for the employer.
_______________________
Not a legal advice.
US citizen of Indian origin
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house Back to 2011 Toyota Tacoma TRD
doggy
07-22 06:44 PM
How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.
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brb2
08-27 07:50 AM
Yingli
Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
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veni001
02-03 11:16 AM
Defensive post :)
What makes you think I am suspecting the content in that article? ;)
I do not understand the problem here! First you questioned the source and then you are saying that i am suspecting the content. If i suspect the content i won't post it here at any cost.This forum is to educate the folks not to fall prey to their employer(s)/lawyer(s) promises.
if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!
What makes you think I am suspecting the content in that article? ;)
I do not understand the problem here! First you questioned the source and then you are saying that i am suspecting the content. If i suspect the content i won't post it here at any cost.This forum is to educate the folks not to fall prey to their employer(s)/lawyer(s) promises.
if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!
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sunny1000
11-26 06:01 PM
Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!
Gurus please give your thoughts.
Anil
What if you are a non-immigrant who does not know about the "case status online" and you travel outside the U.S without knowing that your case has been approved. This is where your AP comes into picture as you informed about your impending travel needs to USCIS and they approved it by issuing the Parole doc. So, I am not sure about your case getting abandoned.
But, if your lawyer says that your application will be considered as abandoned, I would listen to his/her advice rather than any of us on this forum since none of us are qualified attorneys. The only exception would be a person who has travelled outside while the GC got approved and has been thru this situation before.
You may also want to post your query at www.immigrationportal.com
In any case, if you can postpone the travel or get an I-551 stamp like someone else mentioned, please do that.
Disclaimer: this is not legal advice.
Gurus please give your thoughts.
Anil
What if you are a non-immigrant who does not know about the "case status online" and you travel outside the U.S without knowing that your case has been approved. This is where your AP comes into picture as you informed about your impending travel needs to USCIS and they approved it by issuing the Parole doc. So, I am not sure about your case getting abandoned.
But, if your lawyer says that your application will be considered as abandoned, I would listen to his/her advice rather than any of us on this forum since none of us are qualified attorneys. The only exception would be a person who has travelled outside while the GC got approved and has been thru this situation before.
You may also want to post your query at www.immigrationportal.com
In any case, if you can postpone the travel or get an I-551 stamp like someone else mentioned, please do that.
Disclaimer: this is not legal advice.
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coopheal
02-19 05:32 PM
Please one of you summarize handling of EAD/AP for multiple I-485s on wiki.
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/I485_FAQ#How_does_USCIS_handles_EAD.2FAP_for_Multi ple_I-485s
Thanks,
Coopheal
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/I485_FAQ#How_does_USCIS_handles_EAD.2FAP_for_Multi ple_I-485s
Thanks,
Coopheal
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deepakjain
07-22 05:42 PM
is this is right?
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.
You are eligible for H1B extension after expiry and again get back to H1B status.
Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...
I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.
You are eligible for H1B extension after expiry and again get back to H1B status.
Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...
I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....
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namm80
10-02 12:20 AM
Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.
This is bad advice. Search other forums (Murthy etc) - i've seen similar threads where some smarta$$es tried stop payment and USCIS sent the unpaid application fee to collection agencies.
I would strongly advise you against doing this--Filing a 2nd I-485 application was a misinformed and stupid decision - consult a lawyer before you make your situation more confusing.
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.
This is bad advice. Search other forums (Murthy etc) - i've seen similar threads where some smarta$$es tried stop payment and USCIS sent the unpaid application fee to collection agencies.
I would strongly advise you against doing this--Filing a 2nd I-485 application was a misinformed and stupid decision - consult a lawyer before you make your situation more confusing.
desi485
07-26 07:30 PM
These Immigration lawyers should all be rounded up and publicly FLOGGED to stop them from making such BLUNDERS!! :p
we should go to consumer court and ask attorney to refund money as he/she did not provided services properly and made mistakes. Why should one pay?
we should go to consumer court and ask attorney to refund money as he/she did not provided services properly and made mistakes. Why should one pay?
santb1975
11-16 08:41 PM
This Holiday season .... Give a gift to IV
--------------------------------------------------------------------------------
With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers
--------------------------------------------------------------------------------
With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers
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