Libra
09-09 07:59 AM
IV is working on to give a chance to IndiaBULL to apply for I-485 even his/her PD is not current.
can some one tell me what IV is currently working on?
can some one tell me what IV is currently working on?
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syedajmal
08-14 03:03 PM
I e-filed both my EAD and AP. My EAD has been approved while I just recieved an RFE for Photos for AP. I was under the same assumption and did not send in the photos earlier. I did send it now with the RFE.
My 2 cents, When they ask for something give it to them. I mean if they need to take fingerprints every year with EAD, this is much less stupid.
My 2 cents, When they ask for something give it to them. I mean if they need to take fingerprints every year with EAD, this is much less stupid.
Dhundhun
06-22 02:22 PM
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
Unexpired I-94?
The status of I-485 pending (at least (c)(09)() class, I know) is not controlled by I-94.
If (s)he is on H1B/H4 she needs to have unexpired I-94. If I-485 pending then I-94 is not significant.
However, I suggested to get in touch with USCIS office.
For more understanding of I-94, in case of students it is stamped valid until I20 is valid. Students don't have I-94 expiry date. In similar way I-485 pending person remains in parolee status (parolee has six meanings in USA for immigration purpose including I485 pending), if other status is not there. I-94 does not control status of each and every case.
Unexpired I-94?
The status of I-485 pending (at least (c)(09)() class, I know) is not controlled by I-94.
If (s)he is on H1B/H4 she needs to have unexpired I-94. If I-485 pending then I-94 is not significant.
However, I suggested to get in touch with USCIS office.
For more understanding of I-94, in case of students it is stamped valid until I20 is valid. Students don't have I-94 expiry date. In similar way I-485 pending person remains in parolee status (parolee has six meanings in USA for immigration purpose including I485 pending), if other status is not there. I-94 does not control status of each and every case.
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sparky_jones
05-07 08:28 PM
My brother moved jobs early last year. He filed AC21 and got an RFE immediately.
The move was parallel in job function and the pay was good.
They replied to the RFE and then never heard back. In these economic times, USCIS
is scrutinizing every doc that gets filed.
Just an experience....
What did they ask for in the RFE?
The move was parallel in job function and the pay was good.
They replied to the RFE and then never heard back. In these economic times, USCIS
is scrutinizing every doc that gets filed.
Just an experience....
What did they ask for in the RFE?
more...
Ann Ruben
07-22 12:57 PM
You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
katewill
08-18 01:51 PM
maybe traditional 140 go back in line? likewise how PERM caused BEC?
more...
swamy
12-30 01:20 AM
about time ppl came forward to share the burden & not let just the core/a few others carry the load alone - i was thinking we should be able to raise a million every month with wider participation (20000+) at lower $ levels like 50/100 so its sustainable. but lets see how far this goes - cant affrd 2k rightaway tho
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msyedy
04-18 01:12 PM
Look how desperate we have become, someone is ready to shell 10k per family member to get GC.
I agree and disagree with you guys.
I disagree because, we all are legal immigrants, we have to be given priority as the American economy needs people like us. H1-B not only means growth in tech but also economy. All the H1-B personnel spend a good amount of money here on (Rent, car, insurance, food, travel) with all this new jobs and much more will be benificial to this country.
We should not be charged such amount to get what we deserve.
On the other hand- I agree to pay 10k per familiy member because, we are stuck at one place with lots of problems without GC.
Most of us are not sure whether they will be staying at one place to do an investments like buying a house. Wife cant work etc.
Keeping all the above in mind even If we loose 10k per member we will make that in less then 6 months when compared to waiting for a GC for years.
I agree and disagree with you guys.
I disagree because, we all are legal immigrants, we have to be given priority as the American economy needs people like us. H1-B not only means growth in tech but also economy. All the H1-B personnel spend a good amount of money here on (Rent, car, insurance, food, travel) with all this new jobs and much more will be benificial to this country.
We should not be charged such amount to get what we deserve.
On the other hand- I agree to pay 10k per familiy member because, we are stuck at one place with lots of problems without GC.
Most of us are not sure whether they will be staying at one place to do an investments like buying a house. Wife cant work etc.
Keeping all the above in mind even If we loose 10k per member we will make that in less then 6 months when compared to waiting for a GC for years.
more...
wildvoice
02-06 06:33 PM
Hi Amulchandra,
I am on the same boat with you. I am on H4 and is continuously exploring all possibilities that would enable me to work. I wonder how volunteering for work in one's field would be illegal. You will not be paid hence there will not be papertrails, taxes or any documents that can be traced to you working (illegally?). Besides, how will they know it, if there's no additional income in your bank accounts coming from your wages or salary? Isn't it? If the illegals could work in the shadows w/o getting penalized, hell, they even would have a chance to get a blue card in the future enabling their spouses to work. There's a very little chance that the USCIS or ICE would penalize you. Don't know even if they would bother give time to it.
Even if they would bother, you are highly educated, could hire a lawyer and easily explain it to court. Your current immigration lawyer is just too paranoid and is unreasonable.
Go for it man!
I am on the same boat with you. I am on H4 and is continuously exploring all possibilities that would enable me to work. I wonder how volunteering for work in one's field would be illegal. You will not be paid hence there will not be papertrails, taxes or any documents that can be traced to you working (illegally?). Besides, how will they know it, if there's no additional income in your bank accounts coming from your wages or salary? Isn't it? If the illegals could work in the shadows w/o getting penalized, hell, they even would have a chance to get a blue card in the future enabling their spouses to work. There's a very little chance that the USCIS or ICE would penalize you. Don't know even if they would bother give time to it.
Even if they would bother, you are highly educated, could hire a lawyer and easily explain it to court. Your current immigration lawyer is just too paranoid and is unreasonable.
Go for it man!
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JK747
03-05 11:20 AM
My wife had Henna on her hand when she went for her FP. The officer asked her did not take her finger prints and asked her to send that letter to their office by mail for re-scheduling the appointment. She sent the letter and got another appointment within 40 days. No problems in the second appearance.
more...
shana04
01-26 12:25 PM
I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???
Can someone please confirm.
yes, that is correct
Can someone please confirm.
yes, that is correct
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desidude
07-22 09:47 AM
My attorney asked me to put A# as N/A. I assume, N/A is applicable to all h1b holders. Make sure, you write the correct I-94#, otherwise they might reject/send back your application because of improper information. I think, it is not appropriate to give A# from your OPT card.
Hello,
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
Hello,
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
more...
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fromnaija
07-09 11:13 AM
Sorry to burst your bubble but that list is sorted alphabetically.
B'lore is the second choice for people to work outside USA. wow that is great to know.
Cities:
* Amsterdam, the Netherlands
* Bangalore, India
* Dubai, United Arab Emirates
* Dublin, Ireland
* Hong Kong, China
* Kiev, Ukraine
* New Delhi, India
* Paris, France
* San Jose, Costa Rica
* Sao Paulo, Brazil
* Shanghai, China
* Tel Aviv, Israel
B'lore is the second choice for people to work outside USA. wow that is great to know.
Cities:
* Amsterdam, the Netherlands
* Bangalore, India
* Dubai, United Arab Emirates
* Dublin, Ireland
* Hong Kong, China
* Kiev, Ukraine
* New Delhi, India
* Paris, France
* San Jose, Costa Rica
* Sao Paulo, Brazil
* Shanghai, China
* Tel Aviv, Israel
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chandrajp
08-15 03:32 PM
My 485 was filed on july 2nd, have'nt recieved the RN,Now i want to file for EAD/AP without RN (cos need it badly for my wife) but the lawyer is advicing against it. He says...
My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.
Anyone in the same boat..
I feel your lawyer is definitely correct. If you send I485, EAD and AP forms together, you don't need to worry about A#. Whereas if you file I485 only and then apply EAD and AP later, you definitely need A#(which you can find in I485 receipt notice) to fill in the EAD and AP forms. What # would you give in these forms for A#?
But again this is my personal thought.
My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.
Anyone in the same boat..
I feel your lawyer is definitely correct. If you send I485, EAD and AP forms together, you don't need to worry about A#. Whereas if you file I485 only and then apply EAD and AP later, you definitely need A#(which you can find in I485 receipt notice) to fill in the EAD and AP forms. What # would you give in these forms for A#?
But again this is my personal thought.
more...
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Prashanthi
05-08 04:15 PM
Yes you could request that the same I-485 be used for your new I-140, as one member has suggested, you could also ask for the priority date of the old I-140 to be ported to your new I-140 if you are worried about priority dates for EB-1. Provided the old I-140 is not revoked.
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rjgleason
October 26th, 2004, 05:30 AM
No.3 and 4 are my favorites.....but No. 4 is the one I wud choose as best. I like the touch of green and the sky is superb. Horizon Line is straight on. The pic is sharp all around, but what really catches me when I first viewed the picture is the "bolt" in the fence.
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Administrator2
12-05 04:22 PM
Here is a link to update your profile - you could pick a new state of residence.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
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MatsP
November 9th, 2004, 07:37 AM
Hi Mandy, and welcome to Dphoto.
The choice of DSLR's is not an easy one.
By all accounts, the Digital Rebel/300D is an excellent camera.
So is the Olympus, as far as I know.
The Canon will give you a greater selection of lenses.
There's also another great choice in the Nikon D70.
Why would one be better than the other? Depends on what you want, really. All of them take good photos.
Canon probably have THE best selection of lenses, all the way from cheap-n-cheerful to expen$ive professional level where a single lens will break your budget several times over. There's also a good selection of other accessories, such as a number of flash-guns, and other bits and pieces.
At $779.95 (after rebate) from B&H Photo (this is not an endorsement), it leaves you with a small lump of money to extend the kit, or spare cash for your trip.
The big advantage on the Nikon D70 compared to Canon would be it's ability to take more fast shots in a row. That would be useful if you're after snapping sports/action shots, but if you just want to take a few shots of beutiful land/streetscapes, your friends/family and the odd young one having a go at baseball, it's not really an advantage as such. There may be some other features that I don't know about, but I would think those differences are minor. On the other hand, it's a little bit out of your budget.
The big advantage on Olympus side is the smaller form-factor for the lenses. I'm pretty sure that Olympus would want it to stay, and it's very unlikely to disappear in the next few years. If anything, it's most likely a forward path, but who knows... I'm pretty sure both Canon and Nikon are watching carefully.
I own the EOS 10D, because I wanted the sports ability, which is slightly better on the 10D compared to the Digital Rebel. But I was locked into Canon from owning a fair amount of lenses that would cost MUCH more than the cost of the camera body to replace. I've been "collecting" those lenses for some time. And to sell used lenses to buy similar ones from another brand gets pretty expensive, so once you've selected a brand, you need a much bigger advantage from another brand to switch.
That doesn't apply when the photographer gets paid for the pictures taken, especially since the equipment in this case often gets quite a bit of (accidental) abuse, and needs replacing with much shorter intervals than the amateurs would anyway. This is why Canon pretty much won overnight on the transition to Autofocus. Canon had a better solution than Nikon, but they also "forced" a change of lenses. The professionals jumped on the Canon system because it gave them a small advantage of getting a better shot, even if they used to have a Nikon before they changed over].
Anyway, I'm not sure this is much help, but perhaps gives you a few pointers in the right direction.
Also, I would advice that you get the camera at least a few weeks before you go on vacation, so that you can get used to the camera.
--
Mats
The choice of DSLR's is not an easy one.
By all accounts, the Digital Rebel/300D is an excellent camera.
So is the Olympus, as far as I know.
The Canon will give you a greater selection of lenses.
There's also another great choice in the Nikon D70.
Why would one be better than the other? Depends on what you want, really. All of them take good photos.
Canon probably have THE best selection of lenses, all the way from cheap-n-cheerful to expen$ive professional level where a single lens will break your budget several times over. There's also a good selection of other accessories, such as a number of flash-guns, and other bits and pieces.
At $779.95 (after rebate) from B&H Photo (this is not an endorsement), it leaves you with a small lump of money to extend the kit, or spare cash for your trip.
The big advantage on the Nikon D70 compared to Canon would be it's ability to take more fast shots in a row. That would be useful if you're after snapping sports/action shots, but if you just want to take a few shots of beutiful land/streetscapes, your friends/family and the odd young one having a go at baseball, it's not really an advantage as such. There may be some other features that I don't know about, but I would think those differences are minor. On the other hand, it's a little bit out of your budget.
The big advantage on Olympus side is the smaller form-factor for the lenses. I'm pretty sure that Olympus would want it to stay, and it's very unlikely to disappear in the next few years. If anything, it's most likely a forward path, but who knows... I'm pretty sure both Canon and Nikon are watching carefully.
I own the EOS 10D, because I wanted the sports ability, which is slightly better on the 10D compared to the Digital Rebel. But I was locked into Canon from owning a fair amount of lenses that would cost MUCH more than the cost of the camera body to replace. I've been "collecting" those lenses for some time. And to sell used lenses to buy similar ones from another brand gets pretty expensive, so once you've selected a brand, you need a much bigger advantage from another brand to switch.
That doesn't apply when the photographer gets paid for the pictures taken, especially since the equipment in this case often gets quite a bit of (accidental) abuse, and needs replacing with much shorter intervals than the amateurs would anyway. This is why Canon pretty much won overnight on the transition to Autofocus. Canon had a better solution than Nikon, but they also "forced" a change of lenses. The professionals jumped on the Canon system because it gave them a small advantage of getting a better shot, even if they used to have a Nikon before they changed over].
Anyway, I'm not sure this is much help, but perhaps gives you a few pointers in the right direction.
Also, I would advice that you get the camera at least a few weeks before you go on vacation, so that you can get used to the camera.
--
Mats
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chanduv23
02-09 02:40 PM
willgetgc2005
Check this Out:
Q. How do I make a complaint against my attorney or representative?
A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.
Your name and address,
The attorney�s or representative�s name and address,
An explanation of the circumstances and details of your complaint, and
Your signature.
Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:
Correspondence between you and your attorney or representative,
Documents concerning the underlying immigration case (including the case name and number), and
Copies of filings in connection with the case.
Neither EOIR nor DHS can accept complaints over the telephone.
Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm
=======================
Thanks a ton for the link. This will definitely bring shivers to those belligerant lawyers.
Check this Out:
Q. How do I make a complaint against my attorney or representative?
A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.
Your name and address,
The attorney�s or representative�s name and address,
An explanation of the circumstances and details of your complaint, and
Your signature.
Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:
Correspondence between you and your attorney or representative,
Documents concerning the underlying immigration case (including the case name and number), and
Copies of filings in connection with the case.
Neither EOIR nor DHS can accept complaints over the telephone.
Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm
=======================
Thanks a ton for the link. This will definitely bring shivers to those belligerant lawyers.
pragir
10-25 10:02 AM
Does anyone have a number for the charlotte office? And info on whether a walk in can be done?
gcfriend65
12-06 10:44 AM
Can you imagine this. USCIS had been given strict guidelines from DHS to complete every case in 6 monts depending on the form type.
How about filing our taxes on April 16, but not on April 15?
How about filing our taxes on April 16, but not on April 15?
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