sush
08-21 11:33 AM
not sure which center my attorney filed through but on the back of the check, it mentioned St. Paul MN
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masterji
09-22 09:25 PM
Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.
sam_hoosier
11-15 04:02 PM
Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met
Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.
Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.
On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?
Is the SOC/O*NET job code same for both jobs ? If so, you should be fine but double check with your lawyer.
Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.
Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.
On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?
Is the SOC/O*NET job code same for both jobs ? If so, you should be fine but double check with your lawyer.
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EdGMan
09-21 03:50 PM
If I were you, I'll follow it closely. Don't rely on your employer and lawyer. I have a friend in Atlanta whose case was closed accidentally. He waited for a year to follow-up with his employer and lawyer only to find out that BEC closed the case because they claim that they never received any response for the 45-day letter. His H1 was also getting close to teh 6 yr. limit.
Good luck.
Good luck.
more...
plassey
07-24 09:58 AM
These are some good options but don't agree fully with F-1 strategy. For F-1 u have to show non immigrant intent. So u can delay ur marriage registeration. I think it is better if he applies for F-1 without disclosing that he is married.
People, First of all, if you don�t have answers please dont post junk!
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
People, First of all, if you don�t have answers please dont post junk!
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
sobers
02-09 04:10 PM
While we all know loony loo tends to primarily go after illegals, we also are well aware of his anti-immigration stance and anti-H1B tirade.
Southern Poverty Law Center, a respected civil rights group from the MLK era, operates an "Immigration Watch".
This is what they said about him:
Broken Record
Lou Dobbs' daily 'Broken Borders' CNN segment has focused on immigration for years. But there's one issue Dobbs just won't take on.
Lou Dobbs is a genial sort, a pleasant-faced CNN anchorman who regularly presents himself as standing up for American working men and women against those who would injure them. Hosting "Lou Dobbs Tonight" for a prime-time hour every weekday, he is also well known and powerful. So when Dobbs focuses on an issue, millions of Americans learn just what it is that Dobbs thinks they should know.
For more than two years now, Dobbs has served up a populist approach to immigration on nightly segments of his newscast entitled "Broken Borders." He has relentlessly covered the issue, although hardly from a traditional news perspective -- Dobbs favors clamping down on illegal immigration, and his "reporting" never fails to make that clear. He has covered the same issues, and the same anti-immigration leaders, time after time after time. In recent months, Dobbs has run countless upbeat reports on the "citizen border patrols" that have sprung up around the country since last April's Minuteman Project, a paramilitary effort to seal the Arizona border.
But there's one thing Lou Dobbs won't do. No matter what others report about the movement, Dobbs has failed to present mounting and persistent evidence of anti-Hispanic racism in anti-immigration groups and citizen border patrols.
It's not that Dobbs hasn't allowed a pro-immigration activist or two to complain about efforts like the Minuteman Project ("vigilantes," according to President Bush), or even that he has made racist statements on his show. What the anchorman has done is repeatedly decline to present the evidence that links these groups to racism, calling the very idea "mind-boggling." On his July 29 show, he called the ACLU and the Southern Poverty Law Center, which he said he liked in other ways, "despicable" and "reprehensible" for saying otherwise.
Consider some of what Dobbs has failed to report, despite the fact that in almost every case these developments were reported widely elsewhere:
GLENN SPENCER, head of the anti-immigration American Patrol, has been interviewed at least twice on the show, on Jan. 7 and June 4, 2004. Spencer's Web site is jammed with anti-Mexican vitriol and he pushes the idea that the Mexican government is involved in a secret plot to take over the Southwest -- facts never mentioned on Dobbs' show. Spencer's group is regarded as a hate group by both the Southern Poverty Law Center and the Anti-Defamation League. Spencer has spoken at least twice to the white supremacist Council of Conservative Citizens, which has described blacks as "a retrograde species of humanity," and once to American Renaissance, a group that contends that blacks are genetically inferior to whites. Dobbs has never reported those ties, or mentioned Spencer's more wild-eyed contentions, such as his prediction that "thousands will die" in a supposedly forthcoming Mexican invasion. His CNN colleague Wolf Blitzer, on the hand, featured Spencer on his own show but reported Mexico's official response and SPLC's hate group designation.
In late 2004, it was revealed that the new head of a national advisory board to Protect Arizona Now, an anti-immigration organization, was a long-time white supremacist who was also an editorial adviser to the racist Council of Conservative Citizens. Although VIRGINIA ABERNETHY's controversial selection was reported prominently in virtually every Arizona paper -- and despite the fact that Dobbs heavily covered the anti-immigration referendum that Protect Arizona Now was advocating -- Dobbs never mentioned the affair at all.
A man named JOE MCCUTCHEN was quoted last April as part of a feature on the Minuteman Project, described by Dobbs as "a terrific group of concerned, caring Americans." No mention was made of the fact that McCutchen, who heads up an anti-immigration group called Protect Arkansas Now, had written a whole series of anti-Semitic letters to the editor and given a speech to the Council of Conservative Citizens -- facts revealed the prior January by SPLC, causing Arkansas' Republican governor to denounce McCutchen's group.
This August, BILL PARMLEY, a Minuteman leader in Goliad County, Texas, quit the group because of what he described as widespread racism. Similarly, in September, newspapers reported that another Texas Minuteman, Janet Ahrens, had resigned because members "wanted to shoot the taco meat." Dobbs never mentioned either of these people, who were featured prominently elsewhere.
On Oct. 4, Dobbs had PAUL STREITZ, a co-founder of Connecticut Citizens for Immigration Control, as a guest on his show. Streitz denounced Mayor John DeStefano Jr. for "turning New Haven into a banana republic" by favoring identification cards for undocumented workers. Two days later, newspapers revealed that two of the group's other founders had just quit, saying Streitz had led it in a racially charged direction. Dobbs has never reported this.
BARBARA COE, leader of the California Coalition for Immigration Reform, was quoted on a show last March bitterly attacking Home Depot for "betray[ing] Americans," apparently because Hispanic day laborers often gather in front of the store looking for work. Not mentioned were her group, listed by the SPLC as a hate group, or the fact that she routinely refers to Mexicans as "savages." Coe recently described herself as a member of the Council of Conservative Citizens, a "white pride" group formed from the remnants of the segregationist White Citizens Councils of the 1950s and 1960s that were once described by Thurgood Marshal as "the uptown Klan." She also told The Denver Post in November that she had given a speech to the group.
CHRIS SIMCOX, co-founder of the Minuteman Project and a top national anti-immigration leader, was arrested in 2003 by federal park rangers for carrying a weapon illegally while tracking border-crossers on federal parkland. While Simcox has been repeatedly interviewed on his show, Dobbs has failed to mention that arrest or bigoted anti-Hispanic comments Simcox made to the Intelligence Report several years ago.
Although Dobbs has steered clear of the racist comments that some of his guests have made elsewhere, he has warned of "illegal aliens who not only threaten our economy and security, but also our health and well-being," according to Fairness & Accuracy in Reporting (FAIR), a media monitor. In 2003, FAIR added, a reporter on Dobbs' show grossly mischaracterized a National Academy of Sciences report. The report found that immigrants provided a net gain of $1 billion to $10 billion to the U.S. gross domestic product, but the CNN reporter said the report had found the economic impact of immigrants worked out to a net loss of up to $10 billion.
Dobbs is revered in anti-immigration quarters and on the far right generally. He is the winner of the 2004 Eugene Katz Award for Excellence in the Coverage of Immigration, given by the Center for Immigration Studies (CIS). CIS claims to be a "nonpartisan research institute," but in fact is a thinly disguised anti-immigration organization. The 2005 Katz Award went to the immigration beat reporter for The Washington Times, a hard-right newspaper based in Washington, D.C.
In general, Lou Dobbs has declined to report salient negative facts about anti-immigration leaders he approves of, or simply avoided mentioning certain of their views -- notably the conspiracy theories propounded by people like Spencer.
Still, Dobbs is hardly immune to the lure of the weird. Last September, he offered up Idaho meteorologist Scott Stevens as a guest on his show. Stevens had just left an Idaho television news program immediately after telling viewers of a bizarre theory that Hurricane Katrina was caused by unknown evildoers. "Terrorists were engaging in a type of eco-terrorism where they could alter the climate, set off earthquakes and volcanoes," he told Dobbs. Stevens said they were using "scalar waves," invented by the Japanese, to attack America with Category 5 storms.
"Intriguing assertion," Dobbs concluded at the end of the interview. Much the same might be said, and in the same spirit, about the news "reporting" that Dobbs presents as he doggedly explores and supports the anti-immigration movement.
http://www.splcenter.org/intel/intelreport/article.jsp?aid=589
Southern Poverty Law Center, a respected civil rights group from the MLK era, operates an "Immigration Watch".
This is what they said about him:
Broken Record
Lou Dobbs' daily 'Broken Borders' CNN segment has focused on immigration for years. But there's one issue Dobbs just won't take on.
Lou Dobbs is a genial sort, a pleasant-faced CNN anchorman who regularly presents himself as standing up for American working men and women against those who would injure them. Hosting "Lou Dobbs Tonight" for a prime-time hour every weekday, he is also well known and powerful. So when Dobbs focuses on an issue, millions of Americans learn just what it is that Dobbs thinks they should know.
For more than two years now, Dobbs has served up a populist approach to immigration on nightly segments of his newscast entitled "Broken Borders." He has relentlessly covered the issue, although hardly from a traditional news perspective -- Dobbs favors clamping down on illegal immigration, and his "reporting" never fails to make that clear. He has covered the same issues, and the same anti-immigration leaders, time after time after time. In recent months, Dobbs has run countless upbeat reports on the "citizen border patrols" that have sprung up around the country since last April's Minuteman Project, a paramilitary effort to seal the Arizona border.
But there's one thing Lou Dobbs won't do. No matter what others report about the movement, Dobbs has failed to present mounting and persistent evidence of anti-Hispanic racism in anti-immigration groups and citizen border patrols.
It's not that Dobbs hasn't allowed a pro-immigration activist or two to complain about efforts like the Minuteman Project ("vigilantes," according to President Bush), or even that he has made racist statements on his show. What the anchorman has done is repeatedly decline to present the evidence that links these groups to racism, calling the very idea "mind-boggling." On his July 29 show, he called the ACLU and the Southern Poverty Law Center, which he said he liked in other ways, "despicable" and "reprehensible" for saying otherwise.
Consider some of what Dobbs has failed to report, despite the fact that in almost every case these developments were reported widely elsewhere:
GLENN SPENCER, head of the anti-immigration American Patrol, has been interviewed at least twice on the show, on Jan. 7 and June 4, 2004. Spencer's Web site is jammed with anti-Mexican vitriol and he pushes the idea that the Mexican government is involved in a secret plot to take over the Southwest -- facts never mentioned on Dobbs' show. Spencer's group is regarded as a hate group by both the Southern Poverty Law Center and the Anti-Defamation League. Spencer has spoken at least twice to the white supremacist Council of Conservative Citizens, which has described blacks as "a retrograde species of humanity," and once to American Renaissance, a group that contends that blacks are genetically inferior to whites. Dobbs has never reported those ties, or mentioned Spencer's more wild-eyed contentions, such as his prediction that "thousands will die" in a supposedly forthcoming Mexican invasion. His CNN colleague Wolf Blitzer, on the hand, featured Spencer on his own show but reported Mexico's official response and SPLC's hate group designation.
In late 2004, it was revealed that the new head of a national advisory board to Protect Arizona Now, an anti-immigration organization, was a long-time white supremacist who was also an editorial adviser to the racist Council of Conservative Citizens. Although VIRGINIA ABERNETHY's controversial selection was reported prominently in virtually every Arizona paper -- and despite the fact that Dobbs heavily covered the anti-immigration referendum that Protect Arizona Now was advocating -- Dobbs never mentioned the affair at all.
A man named JOE MCCUTCHEN was quoted last April as part of a feature on the Minuteman Project, described by Dobbs as "a terrific group of concerned, caring Americans." No mention was made of the fact that McCutchen, who heads up an anti-immigration group called Protect Arkansas Now, had written a whole series of anti-Semitic letters to the editor and given a speech to the Council of Conservative Citizens -- facts revealed the prior January by SPLC, causing Arkansas' Republican governor to denounce McCutchen's group.
This August, BILL PARMLEY, a Minuteman leader in Goliad County, Texas, quit the group because of what he described as widespread racism. Similarly, in September, newspapers reported that another Texas Minuteman, Janet Ahrens, had resigned because members "wanted to shoot the taco meat." Dobbs never mentioned either of these people, who were featured prominently elsewhere.
On Oct. 4, Dobbs had PAUL STREITZ, a co-founder of Connecticut Citizens for Immigration Control, as a guest on his show. Streitz denounced Mayor John DeStefano Jr. for "turning New Haven into a banana republic" by favoring identification cards for undocumented workers. Two days later, newspapers revealed that two of the group's other founders had just quit, saying Streitz had led it in a racially charged direction. Dobbs has never reported this.
BARBARA COE, leader of the California Coalition for Immigration Reform, was quoted on a show last March bitterly attacking Home Depot for "betray[ing] Americans," apparently because Hispanic day laborers often gather in front of the store looking for work. Not mentioned were her group, listed by the SPLC as a hate group, or the fact that she routinely refers to Mexicans as "savages." Coe recently described herself as a member of the Council of Conservative Citizens, a "white pride" group formed from the remnants of the segregationist White Citizens Councils of the 1950s and 1960s that were once described by Thurgood Marshal as "the uptown Klan." She also told The Denver Post in November that she had given a speech to the group.
CHRIS SIMCOX, co-founder of the Minuteman Project and a top national anti-immigration leader, was arrested in 2003 by federal park rangers for carrying a weapon illegally while tracking border-crossers on federal parkland. While Simcox has been repeatedly interviewed on his show, Dobbs has failed to mention that arrest or bigoted anti-Hispanic comments Simcox made to the Intelligence Report several years ago.
Although Dobbs has steered clear of the racist comments that some of his guests have made elsewhere, he has warned of "illegal aliens who not only threaten our economy and security, but also our health and well-being," according to Fairness & Accuracy in Reporting (FAIR), a media monitor. In 2003, FAIR added, a reporter on Dobbs' show grossly mischaracterized a National Academy of Sciences report. The report found that immigrants provided a net gain of $1 billion to $10 billion to the U.S. gross domestic product, but the CNN reporter said the report had found the economic impact of immigrants worked out to a net loss of up to $10 billion.
Dobbs is revered in anti-immigration quarters and on the far right generally. He is the winner of the 2004 Eugene Katz Award for Excellence in the Coverage of Immigration, given by the Center for Immigration Studies (CIS). CIS claims to be a "nonpartisan research institute," but in fact is a thinly disguised anti-immigration organization. The 2005 Katz Award went to the immigration beat reporter for The Washington Times, a hard-right newspaper based in Washington, D.C.
In general, Lou Dobbs has declined to report salient negative facts about anti-immigration leaders he approves of, or simply avoided mentioning certain of their views -- notably the conspiracy theories propounded by people like Spencer.
Still, Dobbs is hardly immune to the lure of the weird. Last September, he offered up Idaho meteorologist Scott Stevens as a guest on his show. Stevens had just left an Idaho television news program immediately after telling viewers of a bizarre theory that Hurricane Katrina was caused by unknown evildoers. "Terrorists were engaging in a type of eco-terrorism where they could alter the climate, set off earthquakes and volcanoes," he told Dobbs. Stevens said they were using "scalar waves," invented by the Japanese, to attack America with Category 5 storms.
"Intriguing assertion," Dobbs concluded at the end of the interview. Much the same might be said, and in the same spirit, about the news "reporting" that Dobbs presents as he doggedly explores and supports the anti-immigration movement.
http://www.splcenter.org/intel/intelreport/article.jsp?aid=589
more...
kaisersose
04-16 03:34 PM
I thought as soon as I-140 is denied your spouse has to stop working on EAD and go out of the country to renew H4. ?
No.
Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.
No.
Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.
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IneedAllGreen
02-23 01:23 PM
My Wife is attending her graduate school here. There is no need to show other than H4 visa and in most states you can have resident fees paid for your spouse study. More you can get information from the school you are intersted for H4 visa holder. Hope this help you.
Thanks
IneedAllGreen
Thanks
IneedAllGreen
more...
vcurichmond
08-21 12:35 PM
JULY 19th Filer Checks got encashed.
My I-485 checks got encashed on August 20, 2007. I filed at NSC.
VCURich
My I-485 checks got encashed on August 20, 2007. I filed at NSC.
VCURich
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sgorla
02-23 02:38 PM
I was told by the University of Nevada -Reno (UNR) that I 140 approval does not change one's immigration status, and the person (or his/her dependent) will not be eligible for in-state tution.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
more...
dudu
05-09 03:02 PM
Just some throught?
Could you post all the local contact for IV core member? Since we can work together with local contact to raise the issue we have. Even we can arrange local event.
Could you post all the local contact for IV core member? Since we can work together with local contact to raise the issue we have. Even we can arrange local event.
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Legal
09-20 07:22 PM
K_SING,
You can invest, but be careful.
You can invest and earn money, but you shoulddn't be "working" to generate money. If you "work" at stock trading, and generate money this is a violation of your H1B status. You could land in trouble, if I were you I will stop it.
Attorney Siskind addressed this issue recently (visalaw.com), i don't have the web link.
You can do passive investing in mutual funds or stocks. you can invest in real estate funds, but if you actively manage a property and make money you could be in trouble.;)
You can invest, but be careful.
You can invest and earn money, but you shoulddn't be "working" to generate money. If you "work" at stock trading, and generate money this is a violation of your H1B status. You could land in trouble, if I were you I will stop it.
Attorney Siskind addressed this issue recently (visalaw.com), i don't have the web link.
You can do passive investing in mutual funds or stocks. you can invest in real estate funds, but if you actively manage a property and make money you could be in trouble.;)
more...
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immiusa
09-13 12:12 PM
Hello,
This is my opinion and I am not a lawyer.
I do not think usa consulate can track spouse unless otherwise specified/applied for H4. Since you both have individual work permits. You will appearing like an individual. So, there will be no questions regarding spouse status.
Regarding your H1b deniel laster year. I have not heard of such cases. But one thing. USA consulate can ask for more evidence regarding the job offer in USA. They may even say that your job offer do not seem valid.
This is my opinion and I am not a lawyer.
I do not think usa consulate can track spouse unless otherwise specified/applied for H4. Since you both have individual work permits. You will appearing like an individual. So, there will be no questions regarding spouse status.
Regarding your H1b deniel laster year. I have not heard of such cases. But one thing. USA consulate can ask for more evidence regarding the job offer in USA. They may even say that your job offer do not seem valid.
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pappu
12-28 02:23 PM
NSC Dec 2007 Processing Times says:
Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?
If a person is stuck in namecheck, or has an RFE... his/her case in not counted in II485 backlog at that time.
Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?
If a person is stuck in namecheck, or has an RFE... his/her case in not counted in II485 backlog at that time.
more...
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Ann Ruben
06-22 12:10 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
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rajuram
01-15 01:47 AM
I think more members will join and people will be willing to contribute more if they see positive things happening. Right now we seem to be going no where. Even if a basic thing like filing for 485 during retrogression gets passed, people will gain confidence in IV and they will be willing to contribute money.
more...
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usirit
10-25 11:17 AM
Thank you for taking the lead on this.... I'll be @ 11:00 am
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kondur_007
03-29 09:12 PM
Thanks you very much for the reply.I appreciate.
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
I personally think (I am not a lawyer), the delay with your current employer's (employer A) petition for extension is very likely to be "employer" (who is probably under review) rather than "you". (the reason I believe that is the fact that they approved your H1b with another employer; so if it is security check on "you", that would not have happened.).
So if my assumption is correct, you should not have any trouble in getting visa stamped for "employer B" (new employer, with new H1b approval that you have - the one that came without I94),
Good Luck. (If at all possible, do one consultation with a competent attorney who can review all the facts, trust me, your money will be worth)
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
I personally think (I am not a lawyer), the delay with your current employer's (employer A) petition for extension is very likely to be "employer" (who is probably under review) rather than "you". (the reason I believe that is the fact that they approved your H1b with another employer; so if it is security check on "you", that would not have happened.).
So if my assumption is correct, you should not have any trouble in getting visa stamped for "employer B" (new employer, with new H1b approval that you have - the one that came without I94),
Good Luck. (If at all possible, do one consultation with a competent attorney who can review all the facts, trust me, your money will be worth)
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john2255
10-20 08:53 AM
I have update the question with more details, please help. Thank you all very much in advance.
kumar26fl
09-21 08:58 PM
Hi all,
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
Better_Days
10-14 07:30 PM
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
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