qasleuth
05-07 01:03 PM
Get a sense of humor, dude ;)
here's one suggestion for you dude, display the same sense of humor at your place of work (crack a joke about Africa/Africans and how we all came from them) and come back and tell us if you still have a job....and then tell us which region you are from and then somebody will display their sense of humor by giving you a regional slur....
here's one suggestion for you dude, display the same sense of humor at your place of work (crack a joke about Africa/Africans and how we all came from them) and come back and tell us if you still have a job....and then tell us which region you are from and then somebody will display their sense of humor by giving you a regional slur....
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udayak
09-09 03:16 AM
Has anyone received the copy of I-140 through
FOIA ?
My employer is not willing to give me a copy of
I-140, because of the fear of me, switching to
a different employer.
I have the receipt number of I-140 and I know
that my I-140 is approved.
Is it possible to get a copy of I-140 from USCIS ?
Has anyone received a copy of I-140 directly from
USCIS using FOIA ?
Thanks
FOIA ?
My employer is not willing to give me a copy of
I-140, because of the fear of me, switching to
a different employer.
I have the receipt number of I-140 and I know
that my I-140 is approved.
Is it possible to get a copy of I-140 from USCIS ?
Has anyone received a copy of I-140 directly from
USCIS using FOIA ?
Thanks
kondur_007
09-22 05:35 PM
LOA...means I am still employed without benefits ...at my old company.
what you said makes sense..this is how I am looking at it
-join new company
-donot send in ac 21 paperwork
-if i have rfe send in paperwork from present employer which will only be a generic letter----(i don't know how much detail uscis likes)
-the reason i want to do LOA is that this way i will be sure they will not revoke i -140
-what do the gurus feel ?
BTW--gave u green --thanks for the reply
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
what you said makes sense..this is how I am looking at it
-join new company
-donot send in ac 21 paperwork
-if i have rfe send in paperwork from present employer which will only be a generic letter----(i don't know how much detail uscis likes)
-the reason i want to do LOA is that this way i will be sure they will not revoke i -140
-what do the gurus feel ?
BTW--gave u green --thanks for the reply
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
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zico123
06-25 07:18 PM
Does visa means stamped in the passport or even the approval notice?
I think visa means stamp on passport. Approval notices indicate that you have legal status as an alien.
I think visa means stamp on passport. Approval notices indicate that you have legal status as an alien.
more...
MerciesOfInjustices
11-08 08:53 AM
A quick analysis of election results and its relevance to us:
As of 11:45 PM PST, House has gone to Democrats in a landslide; the Senate is on its way depending on outcome in Montana and Virginia. If Democrats win MT and VA (Jon Tester in MT, Jim Webb in VA), the Democrats would control the Senate too...
Thirdly, Jon Kyl almost lost his Senate seat in Arizona. If it’s any indication that anti-immigration noises are no career-savers, this may be it.
I agree with everything as you said. Darn, but certain Congressmen from Wisconsin and Colorado made it back - of course, without the clout.
As Fareed Zakaria pointed in a recent article, (I cannot find the link, somehow) Immigration reform is the only issue that George Bush, Hillary Clinton, John McCain, Ted Kennedy, John Kerry, Rudy Giluiani and Nancy Pelosi agree on! How many such issues are there? I cannot really think of one!
But, would like to point out something about Senator Kyl, who may have voted against CIR finally. But, he has not been against legal immigration. In fact, he had co-authored the Cornyn-Kyl version, that was a variant of the final compromise version being floated in the House. As far as I know, he opposes only certain aspects - but does not have an anti-immigrant stance, as such. He is, of course, better known for his work in healthcare legislation, where he has been very close to what most doctors have supported in terms of Tort Reform, to reign in rising Helathcare costs. In other words, he is more balanced - that may have been the saving grace. But, your analysis is also correct - voting against CIR did not bring him a landslide!
As of 11:45 PM PST, House has gone to Democrats in a landslide; the Senate is on its way depending on outcome in Montana and Virginia. If Democrats win MT and VA (Jon Tester in MT, Jim Webb in VA), the Democrats would control the Senate too...
Thirdly, Jon Kyl almost lost his Senate seat in Arizona. If it’s any indication that anti-immigration noises are no career-savers, this may be it.
I agree with everything as you said. Darn, but certain Congressmen from Wisconsin and Colorado made it back - of course, without the clout.
As Fareed Zakaria pointed in a recent article, (I cannot find the link, somehow) Immigration reform is the only issue that George Bush, Hillary Clinton, John McCain, Ted Kennedy, John Kerry, Rudy Giluiani and Nancy Pelosi agree on! How many such issues are there? I cannot really think of one!
But, would like to point out something about Senator Kyl, who may have voted against CIR finally. But, he has not been against legal immigration. In fact, he had co-authored the Cornyn-Kyl version, that was a variant of the final compromise version being floated in the House. As far as I know, he opposes only certain aspects - but does not have an anti-immigrant stance, as such. He is, of course, better known for his work in healthcare legislation, where he has been very close to what most doctors have supported in terms of Tort Reform, to reign in rising Helathcare costs. In other words, he is more balanced - that may have been the saving grace. But, your analysis is also correct - voting against CIR did not bring him a landslide!
gcphul
08-25 02:22 PM
Hey Guys,
I had same suitation 2 years back. I have been to Regional DMV in Trenton they refused and then I went to Edison DMV my DL renewd for 3 months with receipt #. The Lady at desk shown me the copy of some Rule has a provison that DL can be renew based on Receipt# with employer letter.Once we get the approval we have to go DMV and renew again based on new i94date.
here are the step to follow.
1) Go to Edison DMV near Pathmark Complex( i think its middlesex complex).
2) Get a letter from Employer saying that ur been with so and so years and filed h1 extension with receipt#. ( Orginal Letter from Employer not Xerox copy). They will take the letter.
3)Orginal Recepit showing proof of H1 extension and take a couple of Xerox copies they may take one of them.
4) Passport (Orginal just in case if they ask u)
5) SSN( Orginal Just in case if they ask u).
Good Luck guys
I had same suitation 2 years back. I have been to Regional DMV in Trenton they refused and then I went to Edison DMV my DL renewd for 3 months with receipt #. The Lady at desk shown me the copy of some Rule has a provison that DL can be renew based on Receipt# with employer letter.Once we get the approval we have to go DMV and renew again based on new i94date.
here are the step to follow.
1) Go to Edison DMV near Pathmark Complex( i think its middlesex complex).
2) Get a letter from Employer saying that ur been with so and so years and filed h1 extension with receipt#. ( Orginal Letter from Employer not Xerox copy). They will take the letter.
3)Orginal Recepit showing proof of H1 extension and take a couple of Xerox copies they may take one of them.
4) Passport (Orginal just in case if they ask u)
5) SSN( Orginal Just in case if they ask u).
Good Luck guys
more...
praveenat11
10-25 03:56 PM
Sure, the next step is
" All lines in this route are busy , please dial after sometime"
Can u say clearly what is ur opinion...?
" All lines in this route are busy , please dial after sometime"
Can u say clearly what is ur opinion...?
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InTheMoment
07-12 11:08 PM
Thanks for the info. I have requested my entire A-File on a CD.
btw after how many days did you get the receipt notice from NRC ?
btw after how many days did you get the receipt notice from NRC ?
more...
gcisadawg
03-18 01:17 PM
Guys, lets not divide the community again. Everyone is suffering in their own ways due to backlogs. I know some EB2 folks who got GC, got a home and now their home price is way down.
If we complain about discrimination, we don't have a case. Look at EB3-I distribution between 2003 and 2008, inclusive.
Year EB1 EB2 EB3
2003 1,266 8,536 10,647
2004 2,998 16,262 19,889
2005 6,336 16,687 23,250
2006 3,156 3,720 3,006
2007 2,855 6,203 17,795
2008 5,327 14,819 3,576
21,938 66,227 78,163
I understand all of those EB3-I visas were not given to software folks. It included lots of nurses and physiotherapists also. Nevertheless, they were under EB3-I quota. In all the years listed above, visas allocated to EB3-I were higher than 7% country quota for India which is about 2803 visas. ( .07 * .286 * 140,000)
Peace,
G
If we complain about discrimination, we don't have a case. Look at EB3-I distribution between 2003 and 2008, inclusive.
Year EB1 EB2 EB3
2003 1,266 8,536 10,647
2004 2,998 16,262 19,889
2005 6,336 16,687 23,250
2006 3,156 3,720 3,006
2007 2,855 6,203 17,795
2008 5,327 14,819 3,576
21,938 66,227 78,163
I understand all of those EB3-I visas were not given to software folks. It included lots of nurses and physiotherapists also. Nevertheless, they were under EB3-I quota. In all the years listed above, visas allocated to EB3-I were higher than 7% country quota for India which is about 2803 visas. ( .07 * .286 * 140,000)
Peace,
G
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mirage
06-25 04:16 PM
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
more...
Humhongekamyab
01-13 03:29 PM
I guess the last two quarters April-June, July-September should see huge jumps as vdlrao suggested. Any unused numbers from ROW and EB-1 categories should start flowing towards the EB-2 Chindia. This would be time when Chindia's EB-2 will have the same processing dates. I can't wait for it to reach December 2005.
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gps001
06-30 04:42 PM
1. Is this true, if
a) your AP is valid, OR
b) if your H1-B has a valid visa stamp and you didn't use your AP
ie, basically if you have other valid documents to enter the country back, is the application deemed abandoned?
2. Which "application" is deemed abandoned? Application for obtaining the AP or the I-485?
Thanks.
Gentlemen,
We have several sprinkled threads on AP Renewals so this is an effort to create a thread which can capture all AP Renewal Questions & Concerns.
To begin with, i have posted the following question in one of the other AP-threads but did not get much response. So lets beging with clarifying this issue - Gurus please give your 2 cents on this aspect.
Previoud Post begins here:
I just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :eek:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
Thanks.
a) your AP is valid, OR
b) if your H1-B has a valid visa stamp and you didn't use your AP
ie, basically if you have other valid documents to enter the country back, is the application deemed abandoned?
2. Which "application" is deemed abandoned? Application for obtaining the AP or the I-485?
Thanks.
Gentlemen,
We have several sprinkled threads on AP Renewals so this is an effort to create a thread which can capture all AP Renewal Questions & Concerns.
To begin with, i have posted the following question in one of the other AP-threads but did not get much response. So lets beging with clarifying this issue - Gurus please give your 2 cents on this aspect.
Previoud Post begins here:
I just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :eek:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
Thanks.
more...
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muthiahmerchant
06-28 09:54 AM
Hi desi3933,
My wife got approval notice from 10/01/2006. Her employer is willing to give paystubs from March 2007. Will this put her back in status so that she can file I-485?
We are planning to resign after she file I-485 at July end and apply for COS with 2 paystubs. Will this cause a problem or is it legal?
Could you please advice?
Thanks
I read from a different post that you can file for AOS if you are out of status for less than 180 days. there is a section 245(k) which allows you to do this. I don't know the accuracy of this info.
this is from murthy.com site
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
My wife got approval notice from 10/01/2006. Her employer is willing to give paystubs from March 2007. Will this put her back in status so that she can file I-485?
We are planning to resign after she file I-485 at July end and apply for COS with 2 paystubs. Will this cause a problem or is it legal?
Could you please advice?
Thanks
I read from a different post that you can file for AOS if you are out of status for less than 180 days. there is a section 245(k) which allows you to do this. I don't know the accuracy of this info.
this is from murthy.com site
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
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fromnaija
06-23 05:48 PM
This now will give me a 2 year EAD. and even after 2 years If I dont get a GC, I will be able to reapply for EAD, at that time WITHOUT any FEES!!
Not true! You will have to pay $340 or whatever the fee is at the time you renew your EAD again.
Not true! You will have to pay $340 or whatever the fee is at the time you renew your EAD again.
more...
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funny
09-25 03:58 PM
Folks,
Back in those exciting/nail biting days of July 2007 ( I think all, who filed their 485, would remember that month throughout life) . There were couple of thread that got started to collect information on how to be our own BOSS and STOP being a slave of your Employer.
I think it would be a good idea to start a thread (pls forgive me if you think its not such a good idea after all to stat a new thred) and collect some fresh/new/interesting information from people who did try to live thier dream of be their own BOSS. I think it will help other people as well to start thinking about the important steps in the life given the fact the GC is still little too far.
Please post any information that is relevent to the topic of starting your own company while the 485 is still pending.
Start the company on Primary's Name?
Start the company on Spouse name?
W-2 with the Vendor?
Independent Consulting?
Back in those exciting/nail biting days of July 2007 ( I think all, who filed their 485, would remember that month throughout life) . There were couple of thread that got started to collect information on how to be our own BOSS and STOP being a slave of your Employer.
I think it would be a good idea to start a thread (pls forgive me if you think its not such a good idea after all to stat a new thred) and collect some fresh/new/interesting information from people who did try to live thier dream of be their own BOSS. I think it will help other people as well to start thinking about the important steps in the life given the fact the GC is still little too far.
Please post any information that is relevent to the topic of starting your own company while the 485 is still pending.
Start the company on Primary's Name?
Start the company on Spouse name?
W-2 with the Vendor?
Independent Consulting?
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eager_immi
07-19 05:04 PM
Nope ur PD has to be current for them to process your AOS and Aug is already unavialable so there is no way they will process ur paperwork. Also I think within 60 days of AOS you can add spouse. You should talk to a lawyer and not use other people's judgement to decide to file or not to file. But, will there be a scenario where my AOS gets approved before my PD is current AGAIN? That is what I am afraid of.
more...
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plassey
08-25 12:31 PM
Unfortunately, I can't leave the US for the following reasons
a) AOS pending
b) H1 expiring soon
c) Won't get any vacation time as just joined a new job.
As a time gap arrangement see if you can get your license from your home country.
Worst case if asked by a cop atleast you will have that.
a) AOS pending
b) H1 expiring soon
c) Won't get any vacation time as just joined a new job.
As a time gap arrangement see if you can get your license from your home country.
Worst case if asked by a cop atleast you will have that.
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Administrator2
06-30 12:20 PM
"There have been some discussions on administrative fixes on immigration. " - Anything that is of interest for Legal immigration such as visa recapture?
Visa recapture cannot happen with an administrative fix. Anyone who is telling you that visa recapture can happen by some admin fix or through a lawsuit is simply lying, possibly just to grab your attention. We have been repeatedly told by the administration that recapture cannot happen by an executive order.
A few days back a group of disorganized folks were writing to USCIS Director asking him to recapture. That is just a waste of time because CIS director cannot do recapture. Even Presidential executive order cannot recapture unused visas. It has to be done legislative because recapture will require change in the law.
We do not mean to dampen your enthusiasm but please do not expect for something that cannot happen. Recapture cannot happen with an administrative fix. In this admin fix initiative we are working on other possible good provisions that are possible.
Visa recapture cannot happen with an administrative fix. Anyone who is telling you that visa recapture can happen by some admin fix or through a lawsuit is simply lying, possibly just to grab your attention. We have been repeatedly told by the administration that recapture cannot happen by an executive order.
A few days back a group of disorganized folks were writing to USCIS Director asking him to recapture. That is just a waste of time because CIS director cannot do recapture. Even Presidential executive order cannot recapture unused visas. It has to be done legislative because recapture will require change in the law.
We do not mean to dampen your enthusiasm but please do not expect for something that cannot happen. Recapture cannot happen with an administrative fix. In this admin fix initiative we are working on other possible good provisions that are possible.
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walking_dude
08-15 10:49 AM
There is nothing in the USCIS memos to suggest that USCIS has implemented any such policy. CR you talked to may be ignorant and giving wrong info. Or it may be deliberate to reduce the number of (repeat) calls.
I would suggest recording the conversation with CRs so that we have proof of this conversation. Don't forget to ask his/her name and id number while doing this.
Hi,
The customer service representative told me to take an info appointment further to get the Interim EAD. I have explained him that local offices are not giving Interim EADs and surprisingly he told me the following thing.
"You can continue the work with I765 receipt notice provided your employer is OK to continue and told me to provide the receipt notice to the employer as a proof of your application is in pending. As I am surely aware of the fact that in order to continue the work we must have an approved physical EAD. I was totally surprised and asked him "Are you sure?? can we continue the work with the receipt??", he replied "Yes and only if your employer agrees for that!"
I have no clue???? What to do, friends please share your thoughts on this.
I would suggest recording the conversation with CRs so that we have proof of this conversation. Don't forget to ask his/her name and id number while doing this.
Hi,
The customer service representative told me to take an info appointment further to get the Interim EAD. I have explained him that local offices are not giving Interim EADs and surprisingly he told me the following thing.
"You can continue the work with I765 receipt notice provided your employer is OK to continue and told me to provide the receipt notice to the employer as a proof of your application is in pending. As I am surely aware of the fact that in order to continue the work we must have an approved physical EAD. I was totally surprised and asked him "Are you sure?? can we continue the work with the receipt??", he replied "Yes and only if your employer agrees for that!"
I have no clue???? What to do, friends please share your thoughts on this.
Humhongekamyab
01-13 03:29 PM
I guess the last two quarters April-June, July-September should see huge jumps as vdlrao suggested. Any unused numbers from ROW and EB-1 categories should start flowing towards the EB-2 Chindia. This would be time when Chindia's EB-2 will have the same processing dates. I can't wait for it to reach December 2005.
swaroopmukka
07-19 01:48 PM
// you are right on the money!!But i don't see any use for guys with PD>2006 coz anyway they would have to wait for more than 3 years to file their spouses bcoz of retrogression. y not wait for PD's to bcum current at a later date and apply together..GET IT!!! //
Only use applying for 485 now single is to be eligible to apply for EAD anytime. And if your spouse decides to study (F1) or work (H1), you can apply and get your EAD and use it. Once the PDs become Current, you can add her case (AOS) and her EAD too at that time.
If you think that your spouse would remain on H4 no matter what, then you are correct, there is no use filing 485 alone now.
What say ???
Only use applying for 485 now single is to be eligible to apply for EAD anytime. And if your spouse decides to study (F1) or work (H1), you can apply and get your EAD and use it. Once the PDs become Current, you can add her case (AOS) and her EAD too at that time.
If you think that your spouse would remain on H4 no matter what, then you are correct, there is no use filing 485 alone now.
What say ???
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