GCNaseeb
10-30 06:04 PM
I may have to use it for work from January as I am invoking AC21. I am confused now whether to re-apply or just use it like as it is.
My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?
Gurus please advise.
http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1
My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?
Gurus please advise.
http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1
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JunRN
12-18 07:39 AM
Here's what I think: Your lawyer changed address, is that right?
howzatt
04-13 12:25 PM
Thats a pretty tough spot to be in. You can try finding a H1B sponsor for yourself and transfer? How about looking for a H1B sponsor for your wife? I believe the H1B quota did not fill up this time.
2011 Goddess Durga with Lakshmi,
sunny1000
04-07 03:56 PM
Hi,
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
It will not affect your GC in anyway. They will send RFE for your wife when it comes for adjudication. You can reply thru your lawyer, based on your marital status at that time, the appropriate answer.
AFAIK, if she does not come back before the date mentioned in the AP (sept 2008), she will abandon the GC application unless she has a valid dual intent visa.
Hope things work out between you and your wife.
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
It will not affect your GC in anyway. They will send RFE for your wife when it comes for adjudication. You can reply thru your lawyer, based on your marital status at that time, the appropriate answer.
AFAIK, if she does not come back before the date mentioned in the AP (sept 2008), she will abandon the GC application unless she has a valid dual intent visa.
Hope things work out between you and your wife.
more...
sargon
07-09 12:14 AM
http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/9/7/974f8dfa5aa7d67486264fef13a9dbbf@endecaindex&source=4&bb=1
Thought the least I could do was to name and shame such pimps. Though I seriously doubt if such folks are capable of feeling any shame.
Thought the least I could do was to name and shame such pimps. Though I seriously doubt if such folks are capable of feeling any shame.
ramboom1
03-28 09:20 AM
Fellow IV members,
How come the "Hard Limit" is not talked about / mentioned in any of the big websites? Shusterman.com / Aila.org et all. Is it possible to get an immigration attorney to explain this crucial issue of "Hard Limit" to IV core team ?
How come the "Hard Limit" is not talked about / mentioned in any of the big websites? Shusterman.com / Aila.org et all. Is it possible to get an immigration attorney to explain this crucial issue of "Hard Limit" to IV core team ?
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JunRN
08-21 10:22 PM
You got me there....anyway, nothing much we can do about it...let's just treat it as another delay from USCIS...
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gcnirvana
06-19 12:33 PM
...as long as the EAD renewal application is pending for more than 90 days.
Can people still get interim?
Can people still get interim?
more...
Pagal
12-17 12:36 PM
Hello,
An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.
There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).
In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.
Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)
An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.
There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).
In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.
Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)
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spicy_guy
10-21 06:42 PM
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
more...
dhirajgrover
10-16 12:26 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
- Would I get the fingerprinting notice directly or would my employer receive it?
- What other formalities would be left after (assuming) 485/765 are approved?
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
- Would I get the fingerprinting notice directly or would my employer receive it?
- What other formalities would be left after (assuming) 485/765 are approved?
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
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InTheMoment
03-23 04:22 PM
I personally don't think that would be a problem. Just send whatever you have.
more...
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shana04
03-05 05:17 PM
Can someone post a sample letter for removing lawyer from G28 and a notice to represent case himself/herself
G28 self
G28 self
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sriteam
07-06 12:02 PM
Taking a cue from above........
Why did Washington Post not cover a very important issue that effects Legal Immigrants when DOS & USCIS Slammed their Doors ,on July 2 2007, in an unprecedented/unlawful manner that resulted in millions of dollars wasted and dreams shattered of lawfully present Highly Skilled Immigrants.
Links for further research below
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
http://online.wsj.com/article/SB118359095890657571.html?mod=googlenews_wsj
http://news.yahoo.com/s/ap/20070703/ap_on_go_ca_st_pe/immigration_green_cards
http://www.nytimes.com/2007/07/04/us/04visas.html?ex=1341201600&en=fbf9eb2e25eac42e&ei=5124&partner=digg&exprod=digg
Thanks
Why did Washington Post not cover a very important issue that effects Legal Immigrants when DOS & USCIS Slammed their Doors ,on July 2 2007, in an unprecedented/unlawful manner that resulted in millions of dollars wasted and dreams shattered of lawfully present Highly Skilled Immigrants.
Links for further research below
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
http://online.wsj.com/article/SB118359095890657571.html?mod=googlenews_wsj
http://news.yahoo.com/s/ap/20070703/ap_on_go_ca_st_pe/immigration_green_cards
http://www.nytimes.com/2007/07/04/us/04visas.html?ex=1341201600&en=fbf9eb2e25eac42e&ei=5124&partner=digg&exprod=digg
Thanks
more...
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larmani
10-26 01:50 PM
I am not sure about 1 week prior to appt they will allow or not. If you have real valid reason you may try talk to the officer(not the guard) and explain the situation. Kids are allowed. Our daughter is citizen and we took her with us.
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fcres
07-26 10:02 AM
Documents required for EAD/I-765 per person:
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.
Since this is not concurrent filing, i think the fees will increase on July 30th.
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.
Since this is not concurrent filing, i think the fees will increase on July 30th.
more...
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mzdial
January 20th, 2004, 11:48 PM
What was your shutter speed? I downloaded the image, but all I saw in the exif was some Mac Photoshop CS info..
I'm guessing stopping down that lens (like f/8-11) will probably yield you the best results on that 75-300. I've heard that it's soft on the long end too. Obviously with the available light, your shutter speed is going to have to figured from metering. You said it was sunrise, so I'm guessing your shutter speed was determining how much you could stop down, without needing a tripod and/or having the geese blur cause of motion.
If the 300D's AF is similar to the 10D, it's not the quickest. Don't touch a 1D or you will long to upgrade. :-)
I'm guessing stopping down that lens (like f/8-11) will probably yield you the best results on that 75-300. I've heard that it's soft on the long end too. Obviously with the available light, your shutter speed is going to have to figured from metering. You said it was sunrise, so I'm guessing your shutter speed was determining how much you could stop down, without needing a tripod and/or having the geese blur cause of motion.
If the 300D's AF is similar to the 10D, it's not the quickest. Don't touch a 1D or you will long to upgrade. :-)
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coopheal
10-09 10:57 PM
I compared the 485 inventories from 12/11/09 and the one on 10/1/10, released by USCIS. The net difference (approved) for EB3I is approx 1320, cleared mostly for the 2001 PDs. Don't know what happened to rest of the visa numbers ( ~ 1500) out of the mandated ~2800 for EB3I.
The reason is faulty data uscis and dos has been publishing.
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
The reason is faulty data uscis and dos has been publishing.
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
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chanduy9
11-28 10:49 AM
We had one LUD on 1-485 after FP, then on I-140 there are three LUDs, I dont know why. LUD Dates are 11/4, 11/21 and 11/23, there is no LUD on I-485 and my I-140 approved last year. Why they are touching already approved case this many times.
Thanks,
Chandra.
Thanks,
Chandra.
gc_chahiye
08-26 11:19 PM
I assume your pd is Aug 04 with EB2. How come applied for 485 on january. Dates were not current for aug 04 PD.
Please let me know.
not everyone is from India.
Please let me know.
not everyone is from India.
pointlesswait
03-31 11:30 PM
Dude,
I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
So basically the IO officer was doing his thing and requesting all the basic documentation.
best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.
In this economy everyone has got hit pretty hard..so just hope for the best.
Thanks a lot for your comments. They are really helpful.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
So basically the IO officer was doing his thing and requesting all the basic documentation.
best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.
In this economy everyone has got hit pretty hard..so just hope for the best.
Thanks a lot for your comments. They are really helpful.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
