Friday, June 10, 2011

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    • Queen Josephine
    June 20th, 2005, 02:45 PM
    Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!

    I'll post it tonight when I get home from work.
    EAD Expiring; 245k rule? --- Urgent help! [Archive] - Immigration Voice
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    • sixburgh
    08-13 06:05 PM
    I saw some information somewhere, but don't have the link right away to post here.
    But here is the crux of it.

    Basically the guy said that : assuming that the wife is working on EAD, and the moment she gets an H4 extension approval, she automatically comes on H4 status, but the very next day if she goes back to work on EAD, the H4 status gets invalidated and person comes on AOS status instantly.

    Now should she force the company to update the I-9 on that date, is the question.

    The bottom line I think is : there is nothing called as a STATUS field in any USCIS or DOS computer system. Its what you do that determines your status. I believe USCIS allows dual intent.

    Does anyone think that I am wrong?




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    • jasmin45
    08-08 04:36 PM
    Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.

    It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.




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    • gc28262
    03-26 09:28 PM
    I never heard this? Any references to confirm this?

    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf

    The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.

    http://smithgarg.com/article-overcoming-violations.aspx

    Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.


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    • dummgelauft
    08-20 02:06 PM
    Sir, You while your ideas are defintely ground-braking, my we know, how an "apology form USCIS" will help you with the rest of the "ideas" that your goodself has proposed.

    IMHO, the SINGLE most important "fix" (apart from Visa recpature and such) will be the removal of condition to remain employed, if an EB applicant's application is pending for more than 3..4..or 5 years.

    This alone will bring a lot of stability and peace of mind to the thousands who are suffering.




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    • pappu
    04-27 09:38 AM
    This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?


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    • shaifu
    03-28 10:37 PM
    Hi Friends
    My employee filed for H1 extension for me in oct 2007.Earlier i had been granted a 3 yr extension in 2005.Today USCIS reported that they needed additional information from me to approve my case and had mailed me a letter in this regard.Does anyone have any similar experience.I have my EAD and AP and my PD is Sept 05 in EB2.What information if any could USCIS be needing.Any suggestions are highly welcome and appreciated




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    • h4visa
    07-27 12:24 PM
    Can someone go fr 2 jobs after EAD approval( i will use my EAD). Is is required that the job description of these jobs has to be same as filed in the application ? appreciate your help


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    • lazycis
    02-11 02:04 PM
    You are right! Some people did not notice that moe is not illegal. But some people did notice the moe is an anti-immigrant disguising someone he is not. moe wanted to hear exactly what you told him. Now he will bash legal immigration saying all legal immigrants are actually illegals. Please try to use your brains, maybe just a couple of times every few years.

    .

    How about using your heart? I feel sorry for you...




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    • darsh678
    12-28 10:36 AM
    Hey
    I am also in a sort of similar situation...
    neways you can ofcourse go back to school but what I think is it should be in USA. As your AP can't be valid for such a long time of year. just like GC where you have to be back in a year. I would suggest that go for further education and update your career but try doing it in USA, I am sure you can get something better in here too...
    Best Luck...


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    • sundar99
    05-03 10:01 AM
    Suggest folks write back personal stories and ask the editor to highlight the need to raise Legal Immigration issues.. the writer has clearly expressed how the legal immigrants needs to be given consideration : Contact Jessie Mangaliman at jmangaliman@mercurynews. com or (408) 920-5794.

    They are organising a counter protest against Illegal Immigrants rally :

    Amnesty foes respond

    http://www.mercurynews.com/mld/mercurynews/news/special_packages/immigration_debate/14488543.htm




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    • gcdreamer05
    01-21 01:22 PM
    Man wish it was true, or atleast let them make the damn thing current again so that i can file 485 for my wife.... atleast she gets EAD to start working......... and i can also get stimulus benefit...


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    • eldrick
    08-16 01:53 PM
    Initially, when lawyer sent the documents for signature, they said we should send a $745 dollars check for spouse's form fees. So, my husband asked HR if he's gonna pay for this but HR told him no need they are gonna cover it.

    But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.

    Because of this complaint, Company sent a letter of apology for wrong information.

    My question is , do we really need to pay for this + separate legal fee?

    Sorry my details are incomplete in my first post.

    Please help. Thanks




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    • wandmaker
    08-17 02:14 AM
    Thanks for the valuable inputs.

    Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.

    If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?

    You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.


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    • redds777
    01-14 01:05 PM
    Hi
    Congrats on ur GC . can you tell us what was ur wife's EB2 priority Dt.

    Thanks




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    • gc_chahiye
    12-10 12:40 PM
    Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.


    http://www.murthy.com/news/n_yatmay.html


    Any comments / suggestions ?

    To be safe, either your I-140 needs to be approvable right off the bat (as filed) or your employer needs to co-operate with responding to RFE etc...
    Safer to wait for approval...


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    • bheemi
    03-28 03:05 PM
    Hi Logicifile,
    so are we going to work on pushing an ammendment when this bill is on discussion on the senate floor or house...could you please clarify...

    Thanks




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    • shaktiyshah
    06-09 06:52 PM
    Hello All,

    I was reading at some of the posts in this forum and they seem to have been quiet helpful.

    My company has decided to go ahead with my GC process.
    Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

    She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
    Following this USCIS will make a decision whether to grant EB2 or EB3 category.

    I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

    To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

    Please Advice.

    Thanks,
    Shakti




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    • coolngood4u80
    04-15 10:50 AM
    Hi All,

    There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days�

    I can get four people for the call who are in the same boat




    aviko21
    10-06 01:31 AM
    nah i did call my lawyer who told me that i will recieve the AP and to fax him a copy for his files when i eventually do get it!




    shahsahil
    04-17 05:36 PM
    No audit information from DOL on my PERM case.
    10 months of silience from DOL.

    I keep asking Lawyer about the staus. And seems like they didn't recieve any information.

    Somebody suggested that some sort of sub account with read only permission can be generated if I want to see my case related information by myself.

    Is this true?

    -Sahil


    Posted by dyrnie at 2:51 AM

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