lazycis
07-01 04:50 PM
You need to push the issue with the USCIS. Call customer service and request to be transferred to immigration officer. Plead your case, request them to send FP notice for your son. Take an infopass if phone call does not do it. If notning helps, sue the USCIS on behalf of your son and you will get his GC within 2 months.
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arc
08-10 10:00 PM
Hello
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
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InTheMoment
08-18 12:11 PM
Yes that is right. The biometrics is essentially only for I-485 and that is the only LUD that may get updated.
i did the same... selected 485 only, i asked the lady who checked ID she said that was ok...
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
i did the same... selected 485 only, i asked the lady who checked ID she said that was ok...
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
more...
tdasara
03-25 12:24 PM
While its true, a cousin of my mine applied when PD was not current and got her EAD while her husbands 485 was pending (still pending)
Now, its a different issue that she/he get RFE whenever they apply for EAD renewal and once had to do a MTR.
I can only guess that if the adjudicator checks the date of application before approving the 485, they might be in trouble!
Now, its a different issue that she/he get RFE whenever they apply for EAD renewal and once had to do a MTR.
I can only guess that if the adjudicator checks the date of application before approving the 485, they might be in trouble!
natrajs
08-21 09:35 AM
Anybody?
Contact your local lawmaker with your case details
Call USCIS - NSC
Write to Ombudsman
I hope you did all of this already. If not don't wait anymore
Because you never know, when the new fiscal year begin on Oct 08 for the USCIS the EB2 dates may go back to Mid 2003 and it will not quickly move forward until July or Aug of 09.
Best Wishes and Good Luck
Contact your local lawmaker with your case details
Call USCIS - NSC
Write to Ombudsman
I hope you did all of this already. If not don't wait anymore
Because you never know, when the new fiscal year begin on Oct 08 for the USCIS the EB2 dates may go back to Mid 2003 and it will not quickly move forward until July or Aug of 09.
Best Wishes and Good Luck
more...
jkvaisnavi
04-02 11:21 AM
Hope this helps!
USCIS - Emergency Travel (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCR D&vgnextchannel=4c790a5659083210VgnVCM100000082ca60a RCRD)
Emergency Advance Parole Documents
If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:
A completed and signed Form I-131, Application for Travel Document
The correct I-131 filing fee
Evidence to support the emergency request (e.g. medical documentation, death certificate)
Two passport-style photos.
USCIS - Emergency Travel (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCR D&vgnextchannel=4c790a5659083210VgnVCM100000082ca60a RCRD)
Emergency Advance Parole Documents
If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:
A completed and signed Form I-131, Application for Travel Document
The correct I-131 filing fee
Evidence to support the emergency request (e.g. medical documentation, death certificate)
Two passport-style photos.
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thakkarbhav
02-08 09:34 AM
You do not need EAD as your have GC. You can stay and work using your GC. EAD is required while your GC is under process.
more...
WAIT_FOR_EVER_GC
08-18 10:47 AM
WHom Should one call? What number.. I do not get any rep to speak to when I call USCIS
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swaroopmukka
07-24 05:50 PM
Hello,
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
more...
srn04
01-19 12:04 PM
Thank you very much.
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kondur_007
03-09 06:38 PM
You need to speak to a very good lawyer before doing this.
As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).
Doing so will violet H1B status.
So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.
This is technical law...just so you know.
Good Luck.
PS: I like your idea and I admire your dream.
As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).
Doing so will violet H1B status.
So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.
This is technical law...just so you know.
Good Luck.
PS: I like your idea and I admire your dream.
more...
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sprash
06-03 02:57 PM
I agree Sailesh. However it would be interesting to know if anyone has got multiple EVLs or other RFEs. I am also wondering if once you reply to an RFE, do they pre-adjudicate the application.
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insbaby
03-31 05:36 PM
I have received an RFE on my I-485 application to provide a copy of birth certificate. However, I have submitted the birth certificate and affidavits from my parents when I filed for I-485.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
You said, you have a birth certificate without name. I guess, you can apply to local birth certificate issuing agency and get a new one with name. If the birth is registered properly (in your case, it is as you have the certificate), it seems possible.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
You said, you have a birth certificate without name. I guess, you can apply to local birth certificate issuing agency and get a new one with name. If the birth is registered properly (in your case, it is as you have the certificate), it seems possible.
more...
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everonh1
06-26 12:07 AM
Hi All,
I am planning to paper file my wife's EAD renewal and AP for both me and my wife.
Questions:-
1. Can anyone who paper filed recently post information on filing EAD/AP
2. Since my wife filed for I-485 last year and paid $1010 fees,she falls under FEE WAIVER for both EAD and AP-I believe she can renew EAD/AP unlimited till she gets GC?
3. Can someone post what did they do additional for filing as FEE WAIVER?
Any detailed steps on paper filing with FEE WAIVER would be great.
Thanks in advance for your replies.
Regards,
everonh1
I am planning to paper file my wife's EAD renewal and AP for both me and my wife.
Questions:-
1. Can anyone who paper filed recently post information on filing EAD/AP
2. Since my wife filed for I-485 last year and paid $1010 fees,she falls under FEE WAIVER for both EAD and AP-I believe she can renew EAD/AP unlimited till she gets GC?
3. Can someone post what did they do additional for filing as FEE WAIVER?
Any detailed steps on paper filing with FEE WAIVER would be great.
Thanks in advance for your replies.
Regards,
everonh1
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06-19 01:53 PM
Warning: Personal opinion.
Comprehensive Immigration Reform Bill passed by senate(S.2611) may not see the light this year - an election year.
The House of Representatives is controlled by the Republican party. It is their utmost priority to keep it that way after November elections.
Immigration is a hot issue. Having seen how nasty television commercials for candidates can turn into in hotly contested places, the war may be won or lost on immigration issue.
The President does not enjoy popularity to influence people to vote for a Republican candiate. No matter how many PR stunts he may do, it's going to have little effect, if any.
Comprehensive Immigration Reform Bill passed by senate(S.2611) may not see the light this year - an election year.
The House of Representatives is controlled by the Republican party. It is their utmost priority to keep it that way after November elections.
Immigration is a hot issue. Having seen how nasty television commercials for candidates can turn into in hotly contested places, the war may be won or lost on immigration issue.
The President does not enjoy popularity to influence people to vote for a Republican candiate. No matter how many PR stunts he may do, it's going to have little effect, if any.
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12-18 09:50 AM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
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garson
02-18 10:17 AM
Canada has been using this for skilled worker program, where individuals can apply for Canadian permanent residency independently if they fullfill the passmark. Other countries like Australia, UK and New Zealand also follow suit with different types of difficulties.
How about US? Would US adopt this?
G.
How about US? Would US adopt this?
G.
vrkgali
02-13 11:36 AM
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A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!
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A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!
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deardar
06-18 04:05 PM
Hello ,
We both husband and wife are on H1 B's and working and her six years will be completed 2 yrs from today.
My wife does not plan to start her GC with her employer and now I want to include her when filing I-485.
Do I have to fill out a seperate I-485 form for her ?
Do I have to fill out a seperate I-765 form for her ?
Do I have to fill out a seperate I-131 form for her?
Do I have to fill out a seperate G-325 form for her ?
Do I have to file the support affidavit(I-864) for her ?
Please do take time to answer .
Thanks
We both husband and wife are on H1 B's and working and her six years will be completed 2 yrs from today.
My wife does not plan to start her GC with her employer and now I want to include her when filing I-485.
Do I have to fill out a seperate I-485 form for her ?
Do I have to fill out a seperate I-765 form for her ?
Do I have to fill out a seperate I-131 form for her?
Do I have to fill out a seperate G-325 form for her ?
Do I have to file the support affidavit(I-864) for her ?
Please do take time to answer .
Thanks
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