485_spouse
06-07 10:22 AM
Hi All,
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
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pappu
03-10 03:11 PM
You can always add corrections, You are the Admin!
Do not waste your time on soft LUDs
Do not waste your time on soft LUDs
sanjeev
07-26 03:25 PM
I got a RFE for AP issued on July 14th, received by lawyer on July 20th.
They wanted a copy of I-140.
They wanted a copy of I-140.
2011 ignore all coloured
Jaime
09-15 12:18 PM
你好 - 华盛顿!
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engineer
12-11 08:13 PM
See below for introduction to Immigrationvoice.
http://immigrationvoice.org/forum/showthread.php?t=16034
Many provisions which will help all of us have chance to get into OMNIBUS bill in Senate between now and Feb. Read more about OMNIBUS bill at http://immigrationvoice.org/forum/showthread.php?t=15745
For this IV urgently needs close to 30k for lobbying efforts. We have collected 27k so far.
I am coordinating campaign for WI. Please see action item below and I will really appreciate your support and prompt response.
Three immediate Action items:
1. Contribute now even 25$ would do.
See http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
2. Be part of IV: To get, inside updates, share what you want us to do, please become member of WI State Chapter of IV. Send me your non-ge email.
3. Reach out: Send this message to atleast 5 people (and cc me) who are facing Green Card delays and have them talk to me directly.
I understand everyone can not go out and protest and meet Congressman/ woman/ Senators but I am certain that these 3 action items can be done very easily.
thanks,
http://immigrationvoice.org/forum/showthread.php?t=16034
Many provisions which will help all of us have chance to get into OMNIBUS bill in Senate between now and Feb. Read more about OMNIBUS bill at http://immigrationvoice.org/forum/showthread.php?t=15745
For this IV urgently needs close to 30k for lobbying efforts. We have collected 27k so far.
I am coordinating campaign for WI. Please see action item below and I will really appreciate your support and prompt response.
Three immediate Action items:
1. Contribute now even 25$ would do.
See http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
2. Be part of IV: To get, inside updates, share what you want us to do, please become member of WI State Chapter of IV. Send me your non-ge email.
3. Reach out: Send this message to atleast 5 people (and cc me) who are facing Green Card delays and have them talk to me directly.
I understand everyone can not go out and protest and meet Congressman/ woman/ Senators but I am certain that these 3 action items can be done very easily.
thanks,
kannan2010
11-13 02:06 PM
Appreciate your prompt response Raysaikat. If I get the J1 waiver from Australia, can I file directly under the EB2-NIW without changing to H1B.
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
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tw00ne
06-26 12:13 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
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nshabana
10-02 04:25 PM
Good luck
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newlab
08-18 07:33 PM
Hi All,
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
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Blog Feeds
08-12 09:50 AM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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anwaya
08-31 10:31 AM
Hi
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
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Dakshini R. Sen
06-23 11:18 PM
Hello All,
Need you guys expert advise on a problem that I have just found.
I was on L1 since 2007 and in 2008 got my H1B visa done. Since I was in the US during september and october 2008, I changed my company who held my H1B as of 1st October,2008. I dont have an H1B stamp on my passport as I have not been out of the US.
It was only yesterday that I realised I had a I-797B approval notice, which from what I read yesterday, means that I have a petition approved but without I-94.
Now my L1 I-94 on my passport is valid till November 2010.
Need your help to understand if I have an issue here for the fact that I have worked with my employer who holds my H1B for the past 9 months.
If so what are the challenges that I have and the solutions for them.
Also has anyone been in the same situation.
Would greatly appretiate your help in this.
It is necessary to get more information from you in order to give you a specific answer. If possible please call me or e-mail me in detail with exact dates.
Need you guys expert advise on a problem that I have just found.
I was on L1 since 2007 and in 2008 got my H1B visa done. Since I was in the US during september and october 2008, I changed my company who held my H1B as of 1st October,2008. I dont have an H1B stamp on my passport as I have not been out of the US.
It was only yesterday that I realised I had a I-797B approval notice, which from what I read yesterday, means that I have a petition approved but without I-94.
Now my L1 I-94 on my passport is valid till November 2010.
Need your help to understand if I have an issue here for the fact that I have worked with my employer who holds my H1B for the past 9 months.
If so what are the challenges that I have and the solutions for them.
Also has anyone been in the same situation.
Would greatly appretiate your help in this.
It is necessary to get more information from you in order to give you a specific answer. If possible please call me or e-mail me in detail with exact dates.
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vatsa
01-04 10:38 AM
http://www.businessweek.com/smallbiz/content/jan2007/sb20070103_187304.htm?chan=search
The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!
What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!
The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!
What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!
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Onesimus
02-26 02:20 AM
@NyteStarNyne & Kirupa : Thanks :)
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jliechty
February 1st, 2006, 02:44 PM
It doesn't matter how you get the magnification - whether by extension or by a "real" macro lens, you're going to have to deal with very thin DOF. Small apertures are about the only thing you can do.
The only other option - available only if your subject is perfectly stationary - is to put your camera on a geared focusing rail and shoot numerous frames, repositioning the camera slightly from front to back in between each image. Software is available (designed for microscopy) that will mix the sharpest parts of each frame, giving you an image that has greater DOF than possible to obtain optically in one frame due to physical principles.
The only other option - available only if your subject is perfectly stationary - is to put your camera on a geared focusing rail and shoot numerous frames, repositioning the camera slightly from front to back in between each image. Software is available (designed for microscopy) that will mix the sharpest parts of each frame, giving you an image that has greater DOF than possible to obtain optically in one frame due to physical principles.
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Axilleus
09-25 10:58 AM
Hi
Here is my situation:
Entered US with K1, received I-94 at the time of entry with Employment Authorized stamp, and the CBP officer told me I can work with the I-94 until my status changes to permanent resident.
BUT I-94 is valid only for 90 Days so my permission to work is not valid any longer (That is what the Employer says).
Filed I-485 to Chicago, IL, application was received on July 19/07.
Receipt Notice received August 27/07. Biometrics taken August 30/07, have an Interview on November 29/07.
I called USCIS, they told me I have to apply for an EAD.
Applied for EAD in August. Application was received on August 29/07, the Biometrics Notice Date is September 17/07.
Now I have an absolutely awesome job offer but I don't have a valid Employment Authorization document.
I called USCIS yesterday to ask if I can expedite the process for the EAD, they said go to local immigration office and ask them to see what options you have (she read some options, I didn't write any down because it was a long list).
I went to a local immigration office this morning, they said "We cannot do ANYTHING from our local office in regards to a EAD since September of last year!!!".
They also said to call USCIS and ask them to download the Biometrics from the I485 application to speed up the process.
I called USCIS this morning and they said they are UNABLE to download the Biometrics.
I asked them if there is a way to expedite the process for the EAD, they told me the same thing as yesterday: Go to local office!
Here I am, in this #$#%#^# loop, can't do anything about this and USCIS or the local immigration office does not give a damn about honest people who are trying to make a living and put some food on the table.
I don't know what else to do but if somebody has an idea please, please, please let me know.
By the way, the Immigration officer told me that the employer can hire me if they want, but it is up to the employer to decide!!! I just don't understand how somebody is supposed to hire me if I canno't show any documentation allowing me to work here.
I would also like to know how long it took for any of you who applied for the EAD??
Thank you!
Here is my situation:
Entered US with K1, received I-94 at the time of entry with Employment Authorized stamp, and the CBP officer told me I can work with the I-94 until my status changes to permanent resident.
BUT I-94 is valid only for 90 Days so my permission to work is not valid any longer (That is what the Employer says).
Filed I-485 to Chicago, IL, application was received on July 19/07.
Receipt Notice received August 27/07. Biometrics taken August 30/07, have an Interview on November 29/07.
I called USCIS, they told me I have to apply for an EAD.
Applied for EAD in August. Application was received on August 29/07, the Biometrics Notice Date is September 17/07.
Now I have an absolutely awesome job offer but I don't have a valid Employment Authorization document.
I called USCIS yesterday to ask if I can expedite the process for the EAD, they said go to local immigration office and ask them to see what options you have (she read some options, I didn't write any down because it was a long list).
I went to a local immigration office this morning, they said "We cannot do ANYTHING from our local office in regards to a EAD since September of last year!!!".
They also said to call USCIS and ask them to download the Biometrics from the I485 application to speed up the process.
I called USCIS this morning and they said they are UNABLE to download the Biometrics.
I asked them if there is a way to expedite the process for the EAD, they told me the same thing as yesterday: Go to local office!
Here I am, in this #$#%#^# loop, can't do anything about this and USCIS or the local immigration office does not give a damn about honest people who are trying to make a living and put some food on the table.
I don't know what else to do but if somebody has an idea please, please, please let me know.
By the way, the Immigration officer told me that the employer can hire me if they want, but it is up to the employer to decide!!! I just don't understand how somebody is supposed to hire me if I canno't show any documentation allowing me to work here.
I would also like to know how long it took for any of you who applied for the EAD??
Thank you!
more...
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abrahamL
03-19 05:11 PM
Hi,
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
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rafraf
07-27 08:24 PM
Sorry for this long post. I just have to let it out...
I had my H1B visa approved and I talked to my employer on the phone this afternoon. I admit I did not do well in the interview I had with him last April 18, my visa was filed on March 31..... meaning he hired me first and interviewed me when my visa was already filed. I also have to fly from NJ to LA to meet him at my expense. It was then that I learned that the company doesn't have any permanent employee and no official office. There are only 2people who are doing everthing, he as the president and his partner. All those working for them are all subcontractors. The last time we had our conversation after that interview, he said that he was willing to offer me another position but with a lower salary which he repeated in his email yesterday when I told him about the news that my visa was approved. He suggested we talk on the phone to discuss.
So when I called him today, he said that I was not able to clearly understand what he said in the email that I am not capable of handling the job and that he has no job to offer me because he knows that I will not succeed. He even asked me if I am willing to work and be fired after.
We had an argument over the phone and I asked him what I will do with my visa. I admitted to him that the job that he is offering me is not really my forte and if only I was provided with my job description before I signed the attorney's retainer's contract, I have turned off the job offer since there is still another company who is willing to sponsor me. He have not given me any clear description of what the job will be. He also told me that I misrepresented myself.. That I included in my resume things that I didn't really do that I did not even do any programming at all --- something that really hurts me --- being an analyst/programmer back in my country since I graduated college. Then he keep on telling me that I have wasted my time already and if he would hire me, I will surely lost more because I would eventually get fired.
I said to him, how did he know that I will not be successful if he would not give me a chance. He said he just know. (what is he GOD?). I said to him its unfair.
The job position is Electronic Security Engineer. I am in Systems analysis and Application development.
I shouldered all my expenses in my Visa processing -- which is more or less $4,000 including my air ticket back and forth at the same day from NJ to LA which is approximately 10 hours flight (5 hours each way).
Can you give me an advice. I just couldn't let it just pass away. I felt I was humiliated and was treated unfairly.
Thanks for your advice.
I had my H1B visa approved and I talked to my employer on the phone this afternoon. I admit I did not do well in the interview I had with him last April 18, my visa was filed on March 31..... meaning he hired me first and interviewed me when my visa was already filed. I also have to fly from NJ to LA to meet him at my expense. It was then that I learned that the company doesn't have any permanent employee and no official office. There are only 2people who are doing everthing, he as the president and his partner. All those working for them are all subcontractors. The last time we had our conversation after that interview, he said that he was willing to offer me another position but with a lower salary which he repeated in his email yesterday when I told him about the news that my visa was approved. He suggested we talk on the phone to discuss.
So when I called him today, he said that I was not able to clearly understand what he said in the email that I am not capable of handling the job and that he has no job to offer me because he knows that I will not succeed. He even asked me if I am willing to work and be fired after.
We had an argument over the phone and I asked him what I will do with my visa. I admitted to him that the job that he is offering me is not really my forte and if only I was provided with my job description before I signed the attorney's retainer's contract, I have turned off the job offer since there is still another company who is willing to sponsor me. He have not given me any clear description of what the job will be. He also told me that I misrepresented myself.. That I included in my resume things that I didn't really do that I did not even do any programming at all --- something that really hurts me --- being an analyst/programmer back in my country since I graduated college. Then he keep on telling me that I have wasted my time already and if he would hire me, I will surely lost more because I would eventually get fired.
I said to him, how did he know that I will not be successful if he would not give me a chance. He said he just know. (what is he GOD?). I said to him its unfair.
The job position is Electronic Security Engineer. I am in Systems analysis and Application development.
I shouldered all my expenses in my Visa processing -- which is more or less $4,000 including my air ticket back and forth at the same day from NJ to LA which is approximately 10 hours flight (5 hours each way).
Can you give me an advice. I just couldn't let it just pass away. I felt I was humiliated and was treated unfairly.
Thanks for your advice.
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milind70
04-28 12:46 AM
I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.
What options do I now have? Any options will be appreciated.
I think you can file Form 120 for a duplicate I 94 in case it is lost/mutilated etc. please check USCIS website. hope this helps
What options do I now have? Any options will be appreciated.
I think you can file Form 120 for a duplicate I 94 in case it is lost/mutilated etc. please check USCIS website. hope this helps
stldude
07-18 01:33 PM
Folks - I have been hearing mixed comment on Interim EAD.. Is it still permitted. I heard that they have stopped issuing interim EAD's... If it is still permitted how do we go about obtaining an interim EAD.
chanduv23
07-27 11:07 AM
LAMP - Calgary. Also, some financial analysts are predicting that the $CDN will actually be worth *more* than the $US by the end of 2007.
By then, US GC will become easy and everyone will run towards Canada
By then, US GC will become easy and everyone will run towards Canada
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