chanduv23
12-09 08:17 AM
Good Morning
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pappu
06-17 04:11 PM
/\/\/
hi4signs
01-22 08:54 PM
I just found out that I have an employment gap of 11 months working without authorization. I applied for an I-485 in 2007 (I-140 approved) and my paralegal told me I didn't need to renew my H-1 nor apply for EA, I was covered by the pending I-485. Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE??? Would they forgive 11 months of working without permit because of bad advice? I have a 9 year history of keeping my papers legal and up to date until this incident. Please help!
2011 extermination camps.
h1techSlave
04-28 09:53 AM
60% of Americans support getting tough on illegals. Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders. Both Mexico and India (just to pick to countries) have very tough laws against visa over-stay, presence with out visa etc.
Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status - Rasmussen Reports� (http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_ verify_immigration_status)
Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status - Rasmussen Reports� (http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_ verify_immigration_status)
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SGP
03-25 03:48 PM
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
________________________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
________________________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Maverick_2008
04-07 05:59 PM
Not trying to set a precedence at all but just sharing my personal experiences. What happened to me may not happen to others - so, better to follow the right process/protocol. Whether it has any impact on 485 or not is unknown to me (unlike you, I don't know anyone who has had any issues as a result of I-94) but holding the document back deliberately at the point of departure won't do much good for sure.
Maverick_2008
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
Maverick_2008
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
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lostinbeta
10-21 01:51 AM
lol. Yeah I know your just kidding about that 3rd grader stuff mr. Iworkedforeidosandnike :P
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shana04
08-14 03:49 PM
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
No you don't have to wait. find new employer and file a case on your employer.
According to H1, no matter he has to pay you.
Ultimately he can recover money from vendor, but he is deniying pay to you.
other frineds have suggested so just follow them.
good luck. I know the pain. sorry for you.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
No you don't have to wait. find new employer and file a case on your employer.
According to H1, no matter he has to pay you.
Ultimately he can recover money from vendor, but he is deniying pay to you.
other frineds have suggested so just follow them.
good luck. I know the pain. sorry for you.
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johnggberg
08-03 04:12 PM
based on what happed with july fisco, and 60000 visa getting allocated in june, you must be real close
send the documents promptly
send the documents promptly
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lazycis
12-21 06:53 PM
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.
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slayer173314
10-25 03:36 PM
Anyone who filed in July still waiting for a receipt / rejection notice?
I filed on July 2nd - haven't heard anything yet.
I filed on July 2nd - haven't heard anything yet.
hot (quot;Concentration Campsquot;??)
Stan09
07-17 11:35 AM
Anyhow, this is not the point. The point is - except but official fees employer MAY request reimbursement for H1B. My employer charges me with $4000 for h1B expenses (and those 1500 are not included into this amount). And I have not seen bodyshoppers stupid enough to include this provision into contract _without_ making special references as to which court and under which state law will be used to resolve possible conflicts. Bodyshoppers are very smart in everything that concerns money.
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NNReddy
08-26 03:24 PM
Thanks for the reply. So we don't need to disclose to employer that we are on EAD.
AND
Also can employer discrimnate EAD, for ex: they won't hire people on EAD, can they do that legally?
AND
Also can employer discrimnate EAD, for ex: they won't hire people on EAD, can they do that legally?
tattoo Concentration Camp
morchu
05-04 12:37 PM
AR11 is legal requirement. And that is the first step.
But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.
What is the second step you are referring to? I thought only an online AR-11 is good enough.
I will be changing my address next month (same zip code and state).
But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.
What is the second step you are referring to? I thought only an online AR-11 is good enough.
I will be changing my address next month (same zip code and state).
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pictures Map shows Mass deportation
optimystic
09-15 11:52 AM
It still says Aug 15th. I don't think they will release it yet.
I can see it. Refresh your browser
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
I can see it. Refresh your browser
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
dresses Treblinka Extermination Camp
qualified_trash
10-25 09:37 AM
How long the old I-140 needs to be valid ? Should it be valid only until one gets the new I-140 cleared with the Old PD ? Or does it needs to be valid until the 485 is filed and status is adjusted ?
should be valid preferably until you get your new I140 approved.
should be valid preferably until you get your new I140 approved.
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makeup map of concentration camps
MYGCBY2010
07-27 02:41 PM
You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.
girlfriend Lemon Creek Internment Camp,
smartboy75
12-04 06:41 PM
Hi Folks
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
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calaway42
10-04 12:19 AM
ok! well let me go try your steps .. wish me a luck :)
nortam1
09-15 02:04 PM
Can't see them. Already refreshed and deleted cookies.
Anyway, can anyone tell me what's the processing date for EAD I485 based at NSC?
Anyway, can anyone tell me what's the processing date for EAD I485 based at NSC?
number30
02-26 10:13 PM
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
Moreover 3/10 ban will apply only when someone is trying to re-enter US. That means if you stay in US until you get green card ban will never affect.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
Moreover 3/10 ban will apply only when someone is trying to re-enter US. That means if you stay in US until you get green card ban will never affect.
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