Vsach
05-16 09:00 AM
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sanprabhu
07-13 05:58 PM
Here is an excerpt from the blogs of one immigration attorneys
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it
If the USCIS cannot accept I-485 applications if the visa number is not available then how can the DOS make the July VB current. Obiously they know that the number of visa slots are not enough for all the applicants.
I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.
But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this
http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html
PS: If this is already discussed the moderators are free to merge it, chuck it
If the USCIS cannot accept I-485 applications if the visa number is not available then how can the DOS make the July VB current. Obiously they know that the number of visa slots are not enough for all the applicants.
NELLAIKUMAR
02-16 03:20 PM
Hi Nayekal,
I am in the same situation as you. My wife's employment is expected to end in the Middle of March.
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
Can you please share your experience.
Thanks....
I am in the same situation as you. My wife's employment is expected to end in the Middle of March.
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
Can you please share your experience.
Thanks....
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samcam
05-19 12:03 PM
we have 99 guests.. please register and contribute.. help yourself by helping IV...
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njdude26
07-02 08:34 AM
I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
hebbar77
02-12 05:27 PM
Thanks! Hope all will do it.
I guess most of us dont want to take the pain of "mailing the letters"
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
I guess most of us dont want to take the pain of "mailing the letters"
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
more...
drak70
04-09 05:27 PM
This one was posted originally at http://immigrationvoice.org/forum/archive/index.php/t-20450.html. Just replace USVI with Hawaii.
My friends took a vacation is US VI and they have full inspections there.YOu better have your documents with you in person
http://www.usvi.net/us-ins/html/2travel_back_....html
Traveling Back to Puerto Rico and the Continental United States
Due to the location of the territory, the United States Virgin Islands has a pre-clearance inspection process for all flights from the territory to destinations in Puerto Rico or the Continental United States.
.
My friends took a vacation is US VI and they have full inspections there.YOu better have your documents with you in person
http://www.usvi.net/us-ins/html/2travel_back_....html
Traveling Back to Puerto Rico and the Continental United States
Due to the location of the territory, the United States Virgin Islands has a pre-clearance inspection process for all flights from the territory to destinations in Puerto Rico or the Continental United States.
.
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qplearn
08-23 07:04 PM
I am wondering why it is that nobody knows whether a bill will be introduced in Sept. The house and senate have their timetables set long in advance.
Also, if it goes beyond Nov, and the Dems win, they might forget all about us; they care far more for the illegals, unfortunately.:(
We must try to get this passed before the elections in Nov.
qplearn
Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.
thanks again for at least trying.
Also, if it goes beyond Nov, and the Dems win, they might forget all about us; they care far more for the illegals, unfortunately.:(
We must try to get this passed before the elections in Nov.
qplearn
Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.
thanks again for at least trying.
more...
cox
October 23rd, 2005, 06:10 PM
I haven't heard from her recently, so I sent her a message this AM...
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hivicks
04-07 05:02 PM
Thanks that helps!- so you filled the G-639 form and had to wait for almost 8 months to get a copy of the I-140 approval notice.
more...
som_yad
08-14 07:30 PM
I was also in limbo whether to apply AP now or no. My current AP is valid till Mid Jan 2009 And I am travelling india in Oct and will be back on 1st week on Nov. I decided not to apply AP now and will be applying renewal in mid Nov. Applied only EAD renewal.
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
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milind70
11-13 08:58 PM
Hi Guys,
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
I do not believe that this complaint will have any effect on your GC processing.Neither positive nor negative.
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
I do not believe that this complaint will have any effect on your GC processing.Neither positive nor negative.
more...
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tcsonly
09-19 04:53 AM
ras,
There is no need to react. If you attended the rally, you can politely answer about your participation.
Update you signature that you attended the rally, and if you met any lawmaker offices.
-C.
There is no need to react. If you attended the rally, you can politely answer about your participation.
Update you signature that you attended the rally, and if you met any lawmaker offices.
-C.
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SeanDell
05-28 05:37 PM
Hi,
I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:
1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?
2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?
3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?
I would highly appreciate the replies.
Thanks.
I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:
1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?
2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?
3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?
I would highly appreciate the replies.
Thanks.
more...
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mambarg
07-20 08:40 AM
My attorney said e-notice is fine and applied.
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
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blackberry
07-05 03:14 PM
Cmon ever since independece we have never been united on any cause. I see threads from Gandhigiri(sending roses)...TO .. "no work on 13th"petition. But cmon look at the responses, e.g. no working day petions had only 75 votes , of which most are scared to put there employer name info. etc.
75 here 120 there..do you guys really think with these numbers will make our voices heard .. On the other end lot of people are happy about the revision of the July bulletin and yes that includes the ones stuck in BEC (hypocrisy check! ) and the desi employers who perhaps were fasting/praying or something for this to happen... :-)
Its a number's game. We will never make our voices heard unless we can join hundred of thousands for a cause. I appreciate what IV has attempted to do, but it's an inherent problem with people like us, every one is out there trying to get ahead of the line. If given the choice most would exploit each other to take advantage. I mentioned "desis" perhaps, the problem we face is quite fitting to people from populous nations. I think we are looking at the problem from a very micro level(green card backlog).. The glut in immigration is nothing new and represents similar issues faced in India or China etc.
I am sounding completely pessimistic, but its the harsh reality. Perhaps we are not tuned to be united, we've been raised, bred to be just competitive and anything else which is a byproduct of competition.
just my 2 cents.
pls before anyone starts shouting at my post. Throw the hypocrisy out of the door and then reply.
All i can say is ..
"There is always a first time for everything"
--
BB
75 here 120 there..do you guys really think with these numbers will make our voices heard .. On the other end lot of people are happy about the revision of the July bulletin and yes that includes the ones stuck in BEC (hypocrisy check! ) and the desi employers who perhaps were fasting/praying or something for this to happen... :-)
Its a number's game. We will never make our voices heard unless we can join hundred of thousands for a cause. I appreciate what IV has attempted to do, but it's an inherent problem with people like us, every one is out there trying to get ahead of the line. If given the choice most would exploit each other to take advantage. I mentioned "desis" perhaps, the problem we face is quite fitting to people from populous nations. I think we are looking at the problem from a very micro level(green card backlog).. The glut in immigration is nothing new and represents similar issues faced in India or China etc.
I am sounding completely pessimistic, but its the harsh reality. Perhaps we are not tuned to be united, we've been raised, bred to be just competitive and anything else which is a byproduct of competition.
just my 2 cents.
pls before anyone starts shouting at my post. Throw the hypocrisy out of the door and then reply.
All i can say is ..
"There is always a first time for everything"
--
BB
more...
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diptam
08-15 09:54 PM
Backside of checks are generally Messy - I understand your Problem. I faced this Problem during my H1B because the receipt was Lost in Mail.
Call USCIS and tell Level1 operator that you are 100% sure that your checks are encashed but its Unreadable. Please connect me to Level2 so that i can confirm the details by FN,LN,DOB .
I'm sure they will help you - Let us know how it goes.
hi,
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
Call USCIS and tell Level1 operator that you are 100% sure that your checks are encashed but its Unreadable. Please connect me to Level2 so that i can confirm the details by FN,LN,DOB .
I'm sure they will help you - Let us know how it goes.
hi,
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
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meridiani.planum
12-18 11:53 PM
Team,
I need advise. Some should respond to my query. It is still unanswered after 190 views. I need to make some quick decisions. Naukri ka sawaal hai!!
Thanks
I apologize on behalf of all of IV for not having responded to your post even after 190 views. Seeing how much you have contributed to IV in time or money we should all have scrambled to get your highness the answer to your question asap. :rolleyes:
If you had bothered to search these forums you would have got your answers in 5 minutes. However its just easier to ask something and sit there waiting, right? instead of reaching out, researching a bit?
Now that someone has answered your questions, would you consider atleast contributing (http://immigrationvoice.org/forum/showthread.php?t=15905) to IV? The same questions you have asked here, if you ask some of the good lawyers, would have cost you $300!
I need advise. Some should respond to my query. It is still unanswered after 190 views. I need to make some quick decisions. Naukri ka sawaal hai!!
Thanks
I apologize on behalf of all of IV for not having responded to your post even after 190 views. Seeing how much you have contributed to IV in time or money we should all have scrambled to get your highness the answer to your question asap. :rolleyes:
If you had bothered to search these forums you would have got your answers in 5 minutes. However its just easier to ask something and sit there waiting, right? instead of reaching out, researching a bit?
Now that someone has answered your questions, would you consider atleast contributing (http://immigrationvoice.org/forum/showthread.php?t=15905) to IV? The same questions you have asked here, if you ask some of the good lawyers, would have cost you $300!
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vivek_k
03-09 02:22 PM
Even though this is the wrong thread, can somebody please recommend a good attorney in Oklahoma City Area. I need to hire a different one since the one I am with currently is not good.
I would appreciate if somebody would point me to the right direction.
I would appreciate if somebody would point me to the right direction.
shantak
02-29 04:57 PM
Same here, not received FP. Raised an SR but no use.
Hope it will not cause any issues during EAD and AP renewal
My case is at TSC and July 2007 filer
Hope it will not cause any issues during EAD and AP renewal
My case is at TSC and July 2007 filer
ita
08-13 08:08 PM
Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.
Any reason that you want to go back to your old employer? Why quit in the first place than...
I'm planning to go from consulting to Perm. If I don't like it I want to go back to Consulting. Would like to go back to the same employer as anyways my GC process is pending with him. Just trying to find out if I can keep that option open.
Will there be any issues if I use EAD to switch jobs and then decide to go back to the old employer?
Right now I've my H1 valid for 2 more yrs. If I use EAD to switch jobs my H1 will become invalid. Then if I decide to go back to my old employer what happens?Please advice me on this.
Thank you.
Any reason that you want to go back to your old employer? Why quit in the first place than...
I'm planning to go from consulting to Perm. If I don't like it I want to go back to Consulting. Would like to go back to the same employer as anyways my GC process is pending with him. Just trying to find out if I can keep that option open.
Will there be any issues if I use EAD to switch jobs and then decide to go back to the old employer?
Right now I've my H1 valid for 2 more yrs. If I use EAD to switch jobs my H1 will become invalid. Then if I decide to go back to my old employer what happens?Please advice me on this.
Thank you.
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