dbevis
July 15th, 2004, 07:45 PM
I hope they are, too. Some birds seem to feed the young much longer than others, even after they've left the nest. I'd suggest taking a large *Do Not Disturb* sign with you tomorrow. Or perhaps "Approach at Your Own Risk*.
:)"Be quiet, or I will bash you with this big lens!" (the people, not the birds!)
:)"Be quiet, or I will bash you with this big lens!" (the people, not the birds!)
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Bogdan
06-03 11:51 PM
Thank you, guys! It is not clear whether Statistics is a STEM major, but I think it is reasonable that it is, since Statistics is a branh of Math. Some universities have Statistics departments and others have Statistics as a concentration in a Math graduate program.
tnite
07-26 03:11 PM
My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?
If she's not planning to continue working then she has to change to H4.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?
If she's not planning to continue working then she has to change to H4.
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saileshdude
07-26 07:58 PM
It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try
Hi Chandu
Were you able to talk to any good immigration attorney regarding what happens if I-140 is revoked. You can PM me to let me know.
Thanks.
Hi Chandu
Were you able to talk to any good immigration attorney regarding what happens if I-140 is revoked. You can PM me to let me know.
Thanks.
more...
dtekkedil
07-06 09:17 AM
If somebody wants to create a seperate message, release it, I can dig it.
I am specifically interested in getting media mileage out of this. I feel, you can get media mileage, if the media is alerted before hand, otherwise 50-60-100 or 200 boukets of flowers by itself wont be enough to get attention.
Iv has not endorsed it, probably because we have been trying to get serious media attention, and we have not gotten as much as we would like. If you are going with this flower idea - Make sure you get some reporters already involved, otherwise wont be worth it. (My take).
Check out the plan of action here -
http://immigrationvoice.org/forum/showthread.php?t=6029
I am specifically interested in getting media mileage out of this. I feel, you can get media mileage, if the media is alerted before hand, otherwise 50-60-100 or 200 boukets of flowers by itself wont be enough to get attention.
Iv has not endorsed it, probably because we have been trying to get serious media attention, and we have not gotten as much as we would like. If you are going with this flower idea - Make sure you get some reporters already involved, otherwise wont be worth it. (My take).
Check out the plan of action here -
http://immigrationvoice.org/forum/showthread.php?t=6029
rolrblade
07-26 09:37 AM
The Link is not working.
Actually I am going to apply EAD for future purpose. In near future i am not going to change my current employer. If i continue to work with same employer after getting EAD, Will i be on H1B or EAD status?
Sir;
What you have asked is for someone to explain the Bible to you since you only know who Jesus is :D
Anyways, I will be happy to educate you. Send me your phone no. (if you want) to rolrblade@hotmail.com and I will call you and answer your questions.
Actually I am going to apply EAD for future purpose. In near future i am not going to change my current employer. If i continue to work with same employer after getting EAD, Will i be on H1B or EAD status?
Sir;
What you have asked is for someone to explain the Bible to you since you only know who Jesus is :D
Anyways, I will be happy to educate you. Send me your phone no. (if you want) to rolrblade@hotmail.com and I will call you and answer your questions.
more...
gcformeornot
01-10 06:13 PM
please
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panks
04-01 10:06 PM
Hello,
I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
In July'09 , I received a RFE on one of my two approved I-140.
This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.
In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
the reason we referenced non approved I-140 because it had an ealier PD.
The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.
Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :
Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.
The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.
The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.
I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.
My question to boarders here is :
a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
c) Any other innovative ideas ?
-Thanks in advance.
Panks
I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
In July'09 , I received a RFE on one of my two approved I-140.
This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.
In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
the reason we referenced non approved I-140 because it had an ealier PD.
The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.
Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :
Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.
The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.
The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.
I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.
My question to boarders here is :
a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
c) Any other innovative ideas ?
-Thanks in advance.
Panks
more...
javadeveloper
07-18 10:04 PM
I FOUND THIS URL https://efiling.uscis.dhs.gov/efile/ , can someone pls confirm
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snowshoe
12-19 02:21 PM
I went to Consulate General of Mexico, New York this morning, when the Visa officer asked me for my air tickets I told her that I am taking a cruise that has a stop in Calica, Mexico. She told me that a visa is not required in such cases and gave me a flyer that contains this info.
This is a para about Leisure cruises:
"A foreigner of any country traveling to Mexico on leisure trips visiting Mexican maritime ports, are not required to obtain a visa or consular stamp. The passenger should carry its valid passport."
This is a para about Leisure cruises:
"A foreigner of any country traveling to Mexico on leisure trips visiting Mexican maritime ports, are not required to obtain a visa or consular stamp. The passenger should carry its valid passport."
more...
amsgc
06-16 01:22 AM
http://www.murthy.com/chatlogs/ch051407_P.html
Chat User : My husband is on H1B and is about to file for his I-485.
I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
with my husband, or can I file while being on F-1? Please advise.
Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.
Chat User : My husband is on H1B and is about to file for his I-485.
I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
with my husband, or can I file while being on F-1? Please advise.
Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.
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shishya
09-02 03:34 PM
Thanks for the confirmation that this is better confirmed and cleared out rather than face unnecessary delays. I have called them and re-requested an update of my address on phone -- NEED to wait another 45 days to receive a letter from USCIS, if not, apparently only then can I get an Infopass appointment. Lets see.
My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!
My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!
more...
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subahjaani
08-15 11:46 AM
Instead of opening a new thread, I am posting my question here cause this is related to my attorney mess.
My attorney was telling me that he filed my case with NSC on july 2nd and instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.
Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.
Any, suggestions.
My attorney was telling me that he filed my case with NSC on july 2nd and instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.
Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.
Any, suggestions.
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crystal
04-11 02:56 PM
When I look at any member public profile , I dont see Labor prority date and Category (Eb2/eb3). This is I guess because Labor priority date and category fields are not in addition information part of the profile. We need to move those fields into additional information part .
more...
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venky08
01-07 03:12 PM
there is a discussion about this elsewhere in the forum. please go thru the previous threads.
in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.
Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...
if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.
Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...
if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
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canleo98
08-09 02:40 PM
My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
more...
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suriajay12
05-07 07:31 AM
ganguteli,
there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.
your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.
As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.
Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(
It works more easily the other way. If IV core endorses and supports a rally, then the numbers build up. If you dont start a campaign type of thread, where will the numbers come from. They will scatter here and there. Isnt that the case now.
there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.
your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.
As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.
Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(
It works more easily the other way. If IV core endorses and supports a rally, then the numbers build up. If you dont start a campaign type of thread, where will the numbers come from. They will scatter here and there. Isnt that the case now.
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BEC_fog
05-25 10:41 PM
Would it be a good idea to create and send webfax to QGA and the Senators & their staff?
All the members, keep the contributions coming...we have a huge task ahead to get it through the House.
All the members, keep the contributions coming...we have a huge task ahead to get it through the House.
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rolrblade
10-08 09:57 AM
Hello Friends:
I have a I-485 pending (receipt date 7/19/07) with the USCIS. The situation is my company (Company A) has now officially laid me off and my last date is on November 16, 2007. I have spoken to them about the possibility of extending this date till Mid January 08, but it is NOT GOING TO Happen. Nov 16 will be my last date.
I have an offer from a different employer (Company B) for a SIMILAR job. I have an approved I-140 from the original employer and have assurances that they are NOT going to withdraw the I-140, since this is a company layoff and no fault of mine.
My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Your responses would be greatly appreciated. Please help.
I have a I-485 pending (receipt date 7/19/07) with the USCIS. The situation is my company (Company A) has now officially laid me off and my last date is on November 16, 2007. I have spoken to them about the possibility of extending this date till Mid January 08, but it is NOT GOING TO Happen. Nov 16 will be my last date.
I have an offer from a different employer (Company B) for a SIMILAR job. I have an approved I-140 from the original employer and have assurances that they are NOT going to withdraw the I-140, since this is a company layoff and no fault of mine.
My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Your responses would be greatly appreciated. Please help.
sanju
11-25 10:03 PM
i doubt they'll take it on in Spring, with little to no chance of economy recovering by that time (or that whole year) passing an immigration bill will see a major backlash from everyone.
Good intentions but doubt if it will happen
Is it not possible that Immigration reform is part of the economic reform. Say there are 15 million undocumented workers in US. Because they are undocumented over 99% don't pay taxes. On average if each undocumented pays $10,000/year taxes, it comes to additional revenue of $150 billion every year. This may not be enough to cover the cost of economic recovery, but it is still a substantial amount. Likewise, EB green cards could potentially bring in potential real estate buyers, which would help to bring back the economy.
The point is, immigration bill could be part of the economic agenda to revive the economy.
.
Good intentions but doubt if it will happen
Is it not possible that Immigration reform is part of the economic reform. Say there are 15 million undocumented workers in US. Because they are undocumented over 99% don't pay taxes. On average if each undocumented pays $10,000/year taxes, it comes to additional revenue of $150 billion every year. This may not be enough to cover the cost of economic recovery, but it is still a substantial amount. Likewise, EB green cards could potentially bring in potential real estate buyers, which would help to bring back the economy.
The point is, immigration bill could be part of the economic agenda to revive the economy.
.
apahilaj
03-25 01:59 PM
Is this true?
http://www..com/discussion-forums/i485-1/86900247/
http://www..com/discussion-forums/i485-1/86900247/
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