chanduv23
03-04 11:58 AM
>> Do you have a Green Card?
This is not a legal question. If question is posted on web-site, that can be reported.
Like in said my earlier post, employer can not ask for kind of employment authorization.
________________________
Not a legal advice.
US citizen of Indian origin
Thanks desi - as always ur source of information is great. Lets get some view points from IV lawyers on this issue.
If that is the case, what about employment websites? Maybe they need to be notified to change their options?
This is not a legal question. If question is posted on web-site, that can be reported.
Like in said my earlier post, employer can not ask for kind of employment authorization.
________________________
Not a legal advice.
US citizen of Indian origin
Thanks desi - as always ur source of information is great. Lets get some view points from IV lawyers on this issue.
If that is the case, what about employment websites? Maybe they need to be notified to change their options?
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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
tikka
07-06 11:44 AM
If I have approved LC and I140, can't i get 1yr (or if PD dates are retrogressed get 3yr) H1 extension??
if dates are retrogessed you get 3 year extensions..
if they are not then you apply for 485 :)
if dates are retrogessed you get 3 year extensions..
if they are not then you apply for 485 :)
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Kevin M
April 4th, 2005, 06:13 AM
Dual exposure is the obvious and best solution to extremes in lighting but it necessitates setting up a tripod etc.
However, quite often one's best landscapes are an opportunity that presents itself on the spur of the moment. Frequently in these cases the lighting may not fit comfortably into the dynamic range and/or - dare I say it - one's exposure may also be hasty and less than optimum. Dual conversion of a single RAW file is is a great help in this regard. Whilst never quite as good as two separate exposures, I get the impression that the raw converter can extract a remarkable amount of hidden information from a file where the range is not too extreme.
In analogue terms this would be equivalent to being able to develop a single negative image twice with different dilutions temperatures etc (that would be a neat trick). The resulting image may not be technically perfect but may work perfectly in terms of aesthetics.
Kevin
http://homepage.eircom.net/~bot/paint/photo.htm
However, quite often one's best landscapes are an opportunity that presents itself on the spur of the moment. Frequently in these cases the lighting may not fit comfortably into the dynamic range and/or - dare I say it - one's exposure may also be hasty and less than optimum. Dual conversion of a single RAW file is is a great help in this regard. Whilst never quite as good as two separate exposures, I get the impression that the raw converter can extract a remarkable amount of hidden information from a file where the range is not too extreme.
In analogue terms this would be equivalent to being able to develop a single negative image twice with different dilutions temperatures etc (that would be a neat trick). The resulting image may not be technically perfect but may work perfectly in terms of aesthetics.
Kevin
http://homepage.eircom.net/~bot/paint/photo.htm
more...
greatzolin
08-21 05:49 PM
My checks were cashed on Aug 20th for RD of Jul 16th :)
Did you file directly to NSC or TSC?
DAte, time etc.
Thanks in advance!
Did you file directly to NSC or TSC?
DAte, time etc.
Thanks in advance!
dakajo
07-17 02:26 PM
My attorney filed my I-485 on July 5th despite the July Visa Bulletin Update. We filed it together with the work permit piece, but not the AP one. The legal assistant told me that we must have an I-485 receipt notice on hand before we are able to submit the application for an AP. Is that correct? The reason I ask is that, in the event USCIS decides to accept July-filed I-485 applications, I wanted to take advantage of the lower filing fee before July 30th. Please advise!
more...
puja101
07-11 01:24 PM
I received RFE today that says" your application contained form I-693 in which the required TB skin test was not conducted. Please note there may be conflicting information on some published form I-693 instructions regarding when the chest X ray Report should be performed. It is required only when the TB skin test indicates a reaction equal to greater than 5 mm, or when the reason for why the TB skin test is medically inappropriate to perform has been annotated on theform I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.
On Form I-485 Part3 C list present and past membership in or affliation with every organization, fund.......If none, write "NONE" or include name of organization.....Provide your answer on the photocopy of FormI-485 (enclosed) with your signiture and the date next to your answer"
I did TB skin test in 2007 that came negative and it appears to me, civil surgeon did not updated results on I-693 form. Today, I got sealed envelop from doctor and she has updated TB test results conducted in 2007 on new I-693 form. Is that ok or I need to do new TB skin test? Please let me know.
On checking copy of original I-485, I had answered Part3 C with "NON" instead of "NONE".I have few questions on this:
1.Visa Office did not enclose photo copy of Form I-485 as was stated in the RFE letter.Should I send photo copy of original I-485 with correction and signiture on it?
2. Do I need to send them only this page of Form I-485 or complete I-485 form?
Please help.
On Form I-485 Part3 C list present and past membership in or affliation with every organization, fund.......If none, write "NONE" or include name of organization.....Provide your answer on the photocopy of FormI-485 (enclosed) with your signiture and the date next to your answer"
I did TB skin test in 2007 that came negative and it appears to me, civil surgeon did not updated results on I-693 form. Today, I got sealed envelop from doctor and she has updated TB test results conducted in 2007 on new I-693 form. Is that ok or I need to do new TB skin test? Please let me know.
On checking copy of original I-485, I had answered Part3 C with "NON" instead of "NONE".I have few questions on this:
1.Visa Office did not enclose photo copy of Form I-485 as was stated in the RFE letter.Should I send photo copy of original I-485 with correction and signiture on it?
2. Do I need to send them only this page of Form I-485 or complete I-485 form?
Please help.
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TeddyKoochu
09-24 01:47 PM
The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
OR
Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.
I see this good for people waiting to file for 485.
This is an excellent proposal, can't wait for it to happen. Is this news published somewhere?
OR
Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.
I see this good for people waiting to file for 485.
This is an excellent proposal, can't wait for it to happen. Is this news published somewhere?
more...
SanjayP
07-05 04:47 PM
As just as importance, read the laws. A traffic ticket turning into a weapons charge because you kept it in a glovebox without authority would be bad for future immigration purpose. Note I do not know if example is valid, just saying you never know and there are laws about how you keep them around yourself.
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Beta_mle
09-10 07:23 AM
AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.
I just watched the video on the front page promoting the rally and it seemed to say that your salary must remain within 5% of the amount stated in the I-140. Is this correct? This appears to contradict your answer. It also does not make sense. I am in this situation, I-140 approved with PD in '06, I-485 filed in July. My company gives raises of a few percent every year, and I would suppose most companies do. Surely it is not realistic for a person to stay at the same salary for however long it takes to adjudicate the AOS?
Could someone please address this?
Thanks.
I just watched the video on the front page promoting the rally and it seemed to say that your salary must remain within 5% of the amount stated in the I-140. Is this correct? This appears to contradict your answer. It also does not make sense. I am in this situation, I-140 approved with PD in '06, I-485 filed in July. My company gives raises of a few percent every year, and I would suppose most companies do. Surely it is not realistic for a person to stay at the same salary for however long it takes to adjudicate the AOS?
Could someone please address this?
Thanks.
more...
mmk123
12-19 04:41 AM
After near to unsuccessful attempt to spoil healthcare, *R* team is getting ready to spoil immigration reform efforts. Writer is well-known for talking baseless, stupid and racist comments. But, unfortunately the political atmosphere is such that even SJ news-paper couldn't resist posting this. Fasten your seat belts and get ready for even more bumpier ride than health reform.
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needhelp!
03-09 01:50 PM
IV needs to compile all your replies. Please send them ASAP.
more...
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GC_1000Watt
07-29 05:43 PM
Thank you gc_1000_waats, My attorney also suggested the same as you had mentioned.
So, what is the difference between filing MTR and re-filing after it is declined? Why can't everybody whose h-1 petition has been declined, re-file for H-1 rather than going through the tedious path of MTR?
Well the reason is money. When you are reapplying you are paying the full fees to USCIS again ( I am sure USCIS likes it :D).
I am not too sure but I guess when you file MTR, you are not required to pay any fees.
So, what is the difference between filing MTR and re-filing after it is declined? Why can't everybody whose h-1 petition has been declined, re-file for H-1 rather than going through the tedious path of MTR?
Well the reason is money. When you are reapplying you are paying the full fees to USCIS again ( I am sure USCIS likes it :D).
I am not too sure but I guess when you file MTR, you are not required to pay any fees.
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lagsam
04-10 11:20 PM
Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
Als one more thing "Which USCIS Office?" section which date I need to put there.
I sent mine on April 5th and I sent it to the filing address in Arizona because I live in Colorado. Please check the new filing address. Good luck.
Als one more thing "Which USCIS Office?" section which date I need to put there.
I sent mine on April 5th and I sent it to the filing address in Arizona because I live in Colorado. Please check the new filing address. Good luck.
more...
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rb_248
07-23 10:54 AM
Are we supposed to get every year?? did ur friend apply EAD renewal online ?
Not yet. Our attorney is doing it for us.
Not yet. Our attorney is doing it for us.
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GCEB2
09-21 10:33 AM
thanks mnhatim....The information is helpful. How about bay area side do you know any affordable places. Also any other websites i can browse threw.
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tnite
03-17 01:05 PM
Hi Friends,
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.
Call USCIS custonmer service and see what they tell you.
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.
Call USCIS custonmer service and see what they tell you.
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EkAurAaya
03-19 04:10 PM
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
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RLNY122004
06-15 03:56 PM
Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
arnet
02-12 05:10 PM
2yrs ago, my friend did H1 extension -premium processing and he filed his wife H4 extension along with his extension application. so USCIS approved both within 15 days because both are filed together.
if filed separately, i dont think you can have premium processing for H4. check with your immigration attroney as laws/procedures changes often.
if filed separately, i dont think you can have premium processing for H4. check with your immigration attroney as laws/procedures changes often.
TeddyKoochu
01-24 10:04 AM
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.