WeShallOvercome
12-26 12:10 PM
Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.
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pachai_attai
09-04 09:05 AM
485 approved on August 31st. Approved 3 weeks after I sent out the RFE.
jnraajan
03-27 01:14 PM
Hey Dont Thank me. Thank IV, which is you and me and everyone else.
Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.
Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.
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swadeshi
07-27 04:06 PM
I had same question, but when I checked all I-94s of mine, they all had same numbers, one at POE consistent with all other 797 issues after that.
Hope that helps.
I-94 numbers never change, I have had the same one's even though I switched visa types like L1 to H1 and travelled twice. The I-94 number never changes it remians the same.
Hope that helps.
I-94 numbers never change, I have had the same one's even though I switched visa types like L1 to H1 and travelled twice. The I-94 number never changes it remians the same.
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simple1
05-12 03:07 PM
Ok, for this Attorney thread, some one is pouring red on me.
raj2007
02-18 01:36 AM
Folks,
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
To your old employer
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
For invokig Ac21 doesn't mean you have to use EAD..you can transfer your h1 to new employer.
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
chk above
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
To your old employer
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
For invokig Ac21 doesn't mean you have to use EAD..you can transfer your h1 to new employer.
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
chk above
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camarasa
07-23 11:26 PM
Take alternative opnion from good Attorney and take a chance.
"Taking a chance" would obviously depend on the alternative opinion - surely. If the independant lawyer says no way you must start again, it wouldn't be taking a chance, it would just be stupid.
"Taking a chance" would obviously depend on the alternative opinion - surely. If the independant lawyer says no way you must start again, it wouldn't be taking a chance, it would just be stupid.
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canmt
11-14 06:48 PM
If the job offered is for 15-1031 and job responsiblities remain the same as 15-1031. It should be ok to work on SAP or any other bleeding edge technologies. Call USCIS and ask them for information.
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grupak
12-10 09:47 AM
there is a way to contribute less than $100
Use paypal and send any amount you like to
donations at immigrationvoice dot org
Thanks you ssingh92. Let your friends know about the option for using paypal for less than $100
Please post contributions on the main fund drive page, and motive others.
Use paypal and send any amount you like to
donations at immigrationvoice dot org
Thanks you ssingh92. Let your friends know about the option for using paypal for less than $100
Please post contributions on the main fund drive page, and motive others.
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India_USA
01-31 09:18 AM
By jumping ahead with high-skilled immigrants of course! =D
Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.
Couldn't agree more!
Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.
Couldn't agree more!
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eb2_hope
08-22 06:55 PM
I support this..I call every second day .....
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hpandey
07-09 11:02 AM
In a perfect world you would return your employers 8K and he would give you your last two weeks salary.
But we all know the world is not perfect.
Imagine if instead of you benefitting from the accountant mistake were on the receiving end and you were underpaid by 8K in 2 years. Would you still say that it is the accountant's and company's problem and nothing to do with you .
But we all know the world is not perfect.
Imagine if instead of you benefitting from the accountant mistake were on the receiving end and you were underpaid by 8K in 2 years. Would you still say that it is the accountant's and company's problem and nothing to do with you .
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kannan
12-02 01:33 AM
Can we apply Emergency Ap for official visit ?
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prasadn
01-07 07:20 PM
Probably I did not make myself clear .
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
Yes, you can. Since the person is already in the US, this should not be a problem. One of my friend's wife lost her H-1 job, applied for a school here, got her I-20 and went to India for F-1 stamping. When it got denied, she applied for F-2 visa (as my friend was in F-1), and then after coming back to US, changed back to F-1 and went to school. Then she found a job on OPT and now is back on H-1.
"Status" and "visa" are two different things. A "visa" is only required for entry to the US.
I am not sure if the earlier denial of visa stamping will have an affect on a COS application.
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
Yes, you can. Since the person is already in the US, this should not be a problem. One of my friend's wife lost her H-1 job, applied for a school here, got her I-20 and went to India for F-1 stamping. When it got denied, she applied for F-2 visa (as my friend was in F-1), and then after coming back to US, changed back to F-1 and went to school. Then she found a job on OPT and now is back on H-1.
"Status" and "visa" are two different things. A "visa" is only required for entry to the US.
I am not sure if the earlier denial of visa stamping will have an affect on a COS application.
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Maverick1
08-13 11:23 AM
According to my understanding, PIO is like a long term entry visa but it does not allow you to work. You would still need an employment visa.
Only OCI visa holders can work without employment visa.
You may want confirm the details on the Embassy website as they keep changing rules from time to time.
No visa needed for employment. The difference being, you need to report if you stay more than 180 days. The OCIs don't need to report.
Quote from cgny website :
"No requirement of a Student Visa for undertaking studies in India and Employment visa for taking up employment in India. However, PIO cardholders would be required to fulfill other pre-requisite conditions and formalities in connection with their studies/employment as prescribed by concerned authorities from time to time. "
http://indiacgny.org/php/showContent.php?linkid=181&partid=102&sub=sub7
Only OCI visa holders can work without employment visa.
You may want confirm the details on the Embassy website as they keep changing rules from time to time.
No visa needed for employment. The difference being, you need to report if you stay more than 180 days. The OCIs don't need to report.
Quote from cgny website :
"No requirement of a Student Visa for undertaking studies in India and Employment visa for taking up employment in India. However, PIO cardholders would be required to fulfill other pre-requisite conditions and formalities in connection with their studies/employment as prescribed by concerned authorities from time to time. "
http://indiacgny.org/php/showContent.php?linkid=181&partid=102&sub=sub7
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transpass
04-23 09:34 AM
Pardon my ignorance...But I thought you need to sign the labor form before you submit. If you have signed it, how does it fly trying to sue the lawyer? Aren't you responsible for double checking before it is filed?
Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?
Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?
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gonecrazyonh4
01-29 12:06 PM
Agreement Reached to Re-evaluate Rule Requiring Federal Contractors to Use E-Verify
Yesterday, the U.S. government agreed to delay until May 21, 2009, implementation of a new rule requiring federal contractors to use the federal government�s E-Verify employment eligibility system.
SHRM and other associations requested this extension after the president�s Chief of Staff, Rahm Emanuel, issued a memorandum to all agencies stating that agencies should consider extending the effective dates of all regulations that were published in the Federal Register but that have not yet taken effect.
While SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel still have a lawsuit pending against the government challenging the legality of the federal contractor mandate, this agreement suspends court proceedings in order to allow the Obama Administration an opportunity to review the rule.
Yesterday, the U.S. government agreed to delay until May 21, 2009, implementation of a new rule requiring federal contractors to use the federal government�s E-Verify employment eligibility system.
SHRM and other associations requested this extension after the president�s Chief of Staff, Rahm Emanuel, issued a memorandum to all agencies stating that agencies should consider extending the effective dates of all regulations that were published in the Federal Register but that have not yet taken effect.
While SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel still have a lawsuit pending against the government challenging the legality of the federal contractor mandate, this agreement suspends court proceedings in order to allow the Obama Administration an opportunity to review the rule.
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ram04
05-23 10:36 AM
Re entry with new H1 in 2003 - will it not reset your prior record straight?
Were you involved in any sort of un authorized employment after your new H1 approval and before I 485 filing?
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
Were you involved in any sort of un authorized employment after your new H1 approval and before I 485 filing?
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
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rkiran
12-03 02:26 PM
Hi vin13,
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
shreekhand
09-23 12:09 PM
Agree. AoS is beyond the purview of understanding for several schools...asking to apply for F1 is ludicrous at best!
I know people have attended school while in AoS... have to check on any rule or law on that.
I know people have attended school while in AoS... have to check on any rule or law on that.
snathan
02-17 08:19 PM
currently iam working with vsginc they filed my greencard processing through different company axiom
i applied for 485 and iam past 180 days
i have never been on axiom payroll
can anybody tell me can i use ac21 portability ?
Thanks
You did your GC for future employement and never worked for them. Now you want to use AC21. Do you think this as a fraud. You will get into trouble sooner or later.
i applied for 485 and iam past 180 days
i have never been on axiom payroll
can anybody tell me can i use ac21 portability ?
Thanks
You did your GC for future employement and never worked for them. Now you want to use AC21. Do you think this as a fraud. You will get into trouble sooner or later.
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