looivy
02-26 04:04 PM
Can a legal expert provide advice as to whether I can use EAD/AP to get in?
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sanju
08-02 01:30 PM
People have started using IV forums to report any issue with customer service. Guys, grow-up, participate in IV activity rather than screwing the effort of few good people. I am sure that people who posted on this thread about DHL/UPS/FedEx are not going to show up at the DC rally. Why are you guys wasting the bandwidth and at the same time killing your time? Wish you all the luck in finding something better to do.
kumarc123
05-11 09:50 AM
I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.
Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.
I agree with you 100% over there, I am up for a lawsuit and a rally. Problem is, so many of the members here are all talk and no walk (Not IV Core members, no disrespect to them). I have sent so many letters,made soo many calls, specially at the time when Lofgreen was talking about recapture of visa numbers. In the end I got frusturated.
Illegals are better than us, imagine if EAD had not happened? A lot of members would be united to fight the cause.
Unification is very important. Above all doing something big rather than just talking about it!
Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.
I agree with you 100% over there, I am up for a lawsuit and a rally. Problem is, so many of the members here are all talk and no walk (Not IV Core members, no disrespect to them). I have sent so many letters,made soo many calls, specially at the time when Lofgreen was talking about recapture of visa numbers. In the end I got frusturated.
Illegals are better than us, imagine if EAD had not happened? A lot of members would be united to fight the cause.
Unification is very important. Above all doing something big rather than just talking about it!
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icecreamy
08-30 03:02 PM
oops ~ typo :P
Thanks!
I dont think you mean LUD on 485 correctly.
It has to be after ND.
Thanks!
I dont think you mean LUD on 485 correctly.
It has to be after ND.
more...
hsd31
05-12 10:44 AM
In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right? :(
The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)
How frustating this can be, right? :(
The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)
sivaramakrishna
06-17 04:28 PM
When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do.
When you change your address online(using AR-11 form) , you don't have to send any docs to USCIS.
When you change your address online(using AR-11 form) , you don't have to send any docs to USCIS.
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saimrathi
07-12 02:40 PM
Famous Indian americans...
1. Are they influential Indian Americans?
2. If someone can post their mailing address and phone number, I can mail them like I did Rep/Senators of my area...
Thanks.
1. Are they influential Indian Americans?
2. If someone can post their mailing address and phone number, I can mail them like I did Rep/Senators of my area...
Thanks.
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TwinkleM
01-30 12:13 AM
Hello Ravi,
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
more...
snathan
02-13 01:14 AM
H1B - LCA Related Issues - How can we save ourselves ???
HI
I guess everybody know by now that ICE arrested 11 H1 workers mainly due to mail fraud/wire fraud, and these frauds
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
Whenever you move from one state to another....urge your employer to file the LCA amendment. Thats the only way to save ourself.
HI
I guess everybody know by now that ICE arrested 11 H1 workers mainly due to mail fraud/wire fraud, and these frauds
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
Whenever you move from one state to another....urge your employer to file the LCA amendment. Thats the only way to save ourself.
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leo2606
10-29 04:43 PM
I did some mistakes when I went for Visa intervew in March 2007, I have done a new form on line and printed again.If they have not changed the usage of online DS-156 you could do the same thing.
Guys
I entered Passport Issuing city as Bangalore instead of Washington DC in DS-156 form, I am not able to update these fields as they are locked. I cant cancel this appointment as I have already done once before and if I cancel again I wont be able to book for another 3 months. What do I do? Please respond if you have any answers. Will calling the New Delhi customer support line help?
Thanks
Guys
I entered Passport Issuing city as Bangalore instead of Washington DC in DS-156 form, I am not able to update these fields as they are locked. I cant cancel this appointment as I have already done once before and if I cancel again I wont be able to book for another 3 months. What do I do? Please respond if you have any answers. Will calling the New Delhi customer support line help?
Thanks
more...
logiclife
05-11 11:47 AM
Thursday afternoon at 2:00 EST, legal immigration will be the topic on NPR�s talk show �Talk of the Nation.� They�ll be looking for people to call in with their stories.
All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.
Avoid bashing illegals or any other groups. Its not IV policy and should not be done.
We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.
STAND UP AND SPEAK UP.
All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.
Avoid bashing illegals or any other groups. Its not IV policy and should not be done.
We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.
STAND UP AND SPEAK UP.
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maverick_neo
07-21 12:49 AM
All :
this discussion is covered in more detail on this thread.
http://immigrationvoice.org/forum/showthread.php?t=10693
Please follow it there. It will help answer so many of your questions.
Sorry techbuyer....to steal your thunder :)
You are wrong, thread you mentioned covers people < 180 days, whereas this thread covers >180 days. Sorry to steal your thunder :)
this discussion is covered in more detail on this thread.
http://immigrationvoice.org/forum/showthread.php?t=10693
Please follow it there. It will help answer so many of your questions.
Sorry techbuyer....to steal your thunder :)
You are wrong, thread you mentioned covers people < 180 days, whereas this thread covers >180 days. Sorry to steal your thunder :)
more...
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hawkeye1
11-14 06:09 PM
If a labor is applied in EB3 category and later 140 is applied under eb2(bs+5 year experince and salary range). Will there be any complications after invoking AC21?
Thanks!
Thanks!
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raysaikat
05-07 11:10 AM
Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).
In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).
In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.
more...
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TheCanadian
10-22 06:38 PM
You eat dinner on tables, so why not use them for websites?
You don't use DIVs to build houses, so why use them for websites?
You don't use DIVs to build houses, so why use them for websites?
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mlkedave
03-06 07:56 PM
I was the first to show my site, then paddy, then dark and then fern so i really dont see any influence may it be progressive or negative...
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humsuplou
11-30 02:50 AM
Btw, regarding the letter from the hospital, is an scanned copy sent from email good enough? Or do I need original copy?
Thanks again!
Thanks again!
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dish
09-25 09:56 AM
The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
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fide_champ
12-20 11:05 PM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.
The safer bet i would say is to go out of country and come back with a new H1.
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.
The safer bet i would say is to go out of country and come back with a new H1.
InTheMoment
08-05 11:31 AM
Why partial, If I were you I would have asked for a full refund !
$1,290 is no small amount given for absolutely nothing in return...I would done everything to get that back and given it to a suitable charity, which is the true giving: something just for the sake of giving for the betterment of the world.
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
$1,290 is no small amount given for absolutely nothing in return...I would done everything to get that back and given it to a suitable charity, which is the true giving: something just for the sake of giving for the betterment of the world.
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
morchu
06-02 09:58 AM
Don't be offended by these RFE's. USCIS officers are just doing what they were told to do (doing their job).
I understand that the marriage ties of Indians are very strong. But we are in America, and the proof they are asking is to show that the marriage is still in good trust (a marriage certificate is not enough proof for that).
Same with birth certificate. Americans are used to giving extreme importance to birth certificates, and in India, we never had to use birth certificate as a supporting documentation. So when you don't have a birth certificate, or when the birth certificate was issues recently, they are asking for secondary documentation.
In the rfe I received both for my wife and myself I was asked to resubmit affidavit with full names of the parents. Also was asked to produce bonafide marriage documents. It is very stressful. I could not believe why I need to provide bonafied marriage document. If I am not married to my wife, how she got her H4? I could not believe my birth certificate is haunting me this way. Any of our school records mentions mother and father names. I am going to produce affidavit again with full names and try my luck again.
I understand that the marriage ties of Indians are very strong. But we are in America, and the proof they are asking is to show that the marriage is still in good trust (a marriage certificate is not enough proof for that).
Same with birth certificate. Americans are used to giving extreme importance to birth certificates, and in India, we never had to use birth certificate as a supporting documentation. So when you don't have a birth certificate, or when the birth certificate was issues recently, they are asking for secondary documentation.
In the rfe I received both for my wife and myself I was asked to resubmit affidavit with full names of the parents. Also was asked to produce bonafide marriage documents. It is very stressful. I could not believe why I need to provide bonafied marriage document. If I am not married to my wife, how she got her H4? I could not believe my birth certificate is haunting me this way. Any of our school records mentions mother and father names. I am going to produce affidavit again with full names and try my luck again.
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