jawbreaker
12-12 05:05 AM
Guys, I guess almost everybody is done with their finger printing by now. I am wondering what is the status of everybody's I-485 application on the case-status-online website after finger printing? Mine is showing some weird status, so I thought I better check with others.
wallpaper Introducing Danielle From
snathan
12-09 10:51 AM
Dream Act 'Motion to proceed' passes with 59 to 40 votes.
It goes for cloture vote, which require 60 votes.
Is there any hope for us...
It goes for cloture vote, which require 60 votes.
Is there any hope for us...
casinoroyale
04-02 09:52 AM
My attorney is saying they can file MTR on "USCIS's own motion" with that we don't have to pay the application fee of $585? This is something new to me, but I trust my attorney.
Has anyone else heard of this before? I just want to double check as the last thing I want is USCIS denying my MTR for not filing with the fee.
Has anyone else heard of this before? I just want to double check as the last thing I want is USCIS denying my MTR for not filing with the fee.
2011 2011 danielle colby cushman.
Ramba
05-04 02:04 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
more...
lazycis
01-30 12:14 PM
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
Actually, it's better to change job before you get a GC because you suppose to have intention to work for GC-sponsoring company after you get GC.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
Actually, it's better to change job before you get a GC because you suppose to have intention to work for GC-sponsoring company after you get GC.
prince_waiting
08-30 09:49 PM
You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.
I am not filing on my own, I am trying to just do the paper work on my own and try to save unnecessary attorney fees. Of course my employer is going to sign the forms.
I am not filing on my own, I am trying to just do the paper work on my own and try to save unnecessary attorney fees. Of course my employer is going to sign the forms.
more...
diptam
04-13 01:15 PM
Thanks all - I understand an independent status for my wife is the solution. But saying that and working that out in real life is the difference.
a) When peoples like me who are working here for 9+ yrs is having a hard time finding a new Job on H1 ( not just consulting employer a real employer) because major companies are scared of hiring a new H1 until the dust settles - It will be way difficult for my wife to create a new H1 position.
b) Regd. F1 it has to be a fulltime course and we have a 2 yr old Kid. Sending him to daycare , finding a Fulltime course for a new F1 and funding both operations by a single Job may be another challenge.
I was wondering if the respected lawyers here at IV could first show me some direction and i'll follow that.
a) When peoples like me who are working here for 9+ yrs is having a hard time finding a new Job on H1 ( not just consulting employer a real employer) because major companies are scared of hiring a new H1 until the dust settles - It will be way difficult for my wife to create a new H1 position.
b) Regd. F1 it has to be a fulltime course and we have a 2 yr old Kid. Sending him to daycare , finding a Fulltime course for a new F1 and funding both operations by a single Job may be another challenge.
I was wondering if the respected lawyers here at IV could first show me some direction and i'll follow that.
2010 Danielle Colby Cushman from
bbenhill
10-06 05:39 PM
Hi, I just got the H1 extension receipt, did you gave expired I94 when you travel ?
Thx
Thx
more...
greencard_fever
09-19 06:58 PM
Look at this guys..Spain sending the Immigrants back to Home country because they dont want to pay the unemploment benefits in bad economy..
http://www.msnbc.msn.com/id/26792948/
http://www.msnbc.msn.com/id/26792948/
hair the Danielle Colby Cushman
IVLageRaho
09-23 04:40 PM
Hello,
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.
The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.
I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.
Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?
Thanks for your help.
I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.
on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.
on the same day I type a covering letter in think blue color paper - mentioning .
ATTN: CRU Supervisor - Case Improperly Rejected for Fees.
And I explained in the covering letter the amount of the fees paid and the date the case was received.
When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.
I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.
Best of luck
See the question number three answer by murthy -
http://www.murthy.com/news/n_faqrec.html
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.
The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.
I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.
Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?
Thanks for your help.
I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.
on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.
on the same day I type a covering letter in think blue color paper - mentioning .
ATTN: CRU Supervisor - Case Improperly Rejected for Fees.
And I explained in the covering letter the amount of the fees paid and the date the case was received.
When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.
I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.
Best of luck
See the question number three answer by murthy -
http://www.murthy.com/news/n_faqrec.html
more...
EndlessWait
12-17 05:14 PM
it sounds they've hired x-immigrants , not US born citizens. it seems the very ppl who have immigrated our not interested in giving us green cards . how ironical?
hot Danielle Colby Cushman,
arnet
11-01 07:23 PM
these site/threads will give more insights regd this issue:
check the following threads:
http://immigrationvoice.org/forum/showthread.php?t=1707
check the following uscis site -- under link immigration forms link on top and click I-140/I-485 application links:
http://www.uscis.gov/
check the general I-140/I-485 issues threads and FAQ threads in immigrationportal:
http://www.immigrationportal.com/forumdisplay.php?f=14
http://www.immigrationportal.com/sho...d.php?t=225746 (http://www.immigrationportal.com/showthread.php?t=225746)
good luck!!!
Disclaimer: I'm not an immigration attroney, consult one for your situations, as laws/procedures keep changing.
Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?
check the following threads:
http://immigrationvoice.org/forum/showthread.php?t=1707
check the following uscis site -- under link immigration forms link on top and click I-140/I-485 application links:
http://www.uscis.gov/
check the general I-140/I-485 issues threads and FAQ threads in immigrationportal:
http://www.immigrationportal.com/forumdisplay.php?f=14
http://www.immigrationportal.com/sho...d.php?t=225746 (http://www.immigrationportal.com/showthread.php?t=225746)
good luck!!!
Disclaimer: I'm not an immigration attroney, consult one for your situations, as laws/procedures keep changing.
Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?
more...
house Danielle Colby-Cushman
langagadu
11-11 12:16 PM
I will advice you but do you provide free catering for the next 5 years?
Just kidding man. Stay with the employer for atleast 6 months (that's what pundits say).
Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.
Please do advice accordingly as I need to take decision based on that.
Thanks in advance
Just kidding man. Stay with the employer for atleast 6 months (that's what pundits say).
Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.
Please do advice accordingly as I need to take decision based on that.
Thanks in advance
tattoo Danielle Colby-Cushman
sertasheep
03-07 05:58 PM
Immigration Voice will conduct conference calls periodically with immigration attorneys regarding issues affecting employment-based immigration.
The scope of discussion would be around issues pertaining to employment-based immigration law impacting highly-skilled primary beneficiaries as well as their dependents.
Immigration Voice provides this at no cost to all registered members. Members can benefit from this free advice, and access links to the recordings, transcripts and more.
How it works:
- Members email their questions to Immigration Voice (see procedure below)
- Since this is a pro-bono service from the attorneys at this time, please use your judgment on questions that are time-sensitive and require immediate consultation. Due to the volume of questions as well as availability of the attorney, please permit for more than the standard response time you would expect from a paid consultation
- During the pre-determined conference call, Immigration voice moderates the call and poses questions to the attorney
The lawyer(s) would answer accepted questions on the phone call in real time.
- We would allow one followup question from the person who originally submitted the question.
- The call and advice would be free to cost to everyone. After the call, the recording would be available for members to playback. If time permits, we will also post the pdf file transcript of questions-answers for the benefit of everyone.
- The question-answer session does not constitute any attorney-client relationship or any attorney-client privileges. The advice would be given based on information provided in the question which may not be sufficient for a complete answer.
- Questions that are related to H1, L1, H4, visa-stamping, employment based Green card etc will take higher priority over all other questions pertaining to areas of immigration that are not related to H1 or EB greencard. This is because this organization represents legal highly-skilled employment based immigrants.
- If your question is received after the cutoff date wherein the attorney accepts questions, such questions will be carried over to the next conference call due to paucity of time.
- Questions would be considered on a FIFO basis(First In, First Out), and a unique ID will be assigned to each question that will be used through the lifecycle of that question(Real FIFO, not BEC type FIFO).
How to submit your questions:
Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Email with Subject Line saying : Seeking Legal Opinion.
Email Address: legal_advise@immigrationvoice.org
Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.
------------------------------------------------------------------
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email them to us, to minimize the effort taken by us to clean up and send to the attorney. It provides a professional touch if we use formal, business English. (i.e., refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word, among other Word Processors provide excellent spell checkers and thesaurus options to help you with this.
------------------------------------------------------------------
IMPORTANT DISCLAIMER:
By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer:
The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
------------------------------------------------------------------
Recordings from Previously Held Conference calls:
These can be accessed at Immigration Voice's Blog on Blogspot.com (http://immigrationvoice.blogspot.com/)
Transcripts from Previously Held Conference calls:
Transcripts of previous calls can be accessed here (http://immigrationvoice.blogspot.com/2006/12/check-out-my-public-files-on-mydatabus.html)
The scope of discussion would be around issues pertaining to employment-based immigration law impacting highly-skilled primary beneficiaries as well as their dependents.
Immigration Voice provides this at no cost to all registered members. Members can benefit from this free advice, and access links to the recordings, transcripts and more.
How it works:
- Members email their questions to Immigration Voice (see procedure below)
- Since this is a pro-bono service from the attorneys at this time, please use your judgment on questions that are time-sensitive and require immediate consultation. Due to the volume of questions as well as availability of the attorney, please permit for more than the standard response time you would expect from a paid consultation
- During the pre-determined conference call, Immigration voice moderates the call and poses questions to the attorney
The lawyer(s) would answer accepted questions on the phone call in real time.
- We would allow one followup question from the person who originally submitted the question.
- The call and advice would be free to cost to everyone. After the call, the recording would be available for members to playback. If time permits, we will also post the pdf file transcript of questions-answers for the benefit of everyone.
- The question-answer session does not constitute any attorney-client relationship or any attorney-client privileges. The advice would be given based on information provided in the question which may not be sufficient for a complete answer.
- Questions that are related to H1, L1, H4, visa-stamping, employment based Green card etc will take higher priority over all other questions pertaining to areas of immigration that are not related to H1 or EB greencard. This is because this organization represents legal highly-skilled employment based immigrants.
- If your question is received after the cutoff date wherein the attorney accepts questions, such questions will be carried over to the next conference call due to paucity of time.
- Questions would be considered on a FIFO basis(First In, First Out), and a unique ID will be assigned to each question that will be used through the lifecycle of that question(Real FIFO, not BEC type FIFO).
How to submit your questions:
Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Email with Subject Line saying : Seeking Legal Opinion.
Email Address: legal_advise@immigrationvoice.org
Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.
------------------------------------------------------------------
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email them to us, to minimize the effort taken by us to clean up and send to the attorney. It provides a professional touch if we use formal, business English. (i.e., refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word, among other Word Processors provide excellent spell checkers and thesaurus options to help you with this.
------------------------------------------------------------------
IMPORTANT DISCLAIMER:
By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer:
The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
------------------------------------------------------------------
Recordings from Previously Held Conference calls:
These can be accessed at Immigration Voice's Blog on Blogspot.com (http://immigrationvoice.blogspot.com/)
Transcripts from Previously Held Conference calls:
Transcripts of previous calls can be accessed here (http://immigrationvoice.blogspot.com/2006/12/check-out-my-public-files-on-mydatabus.html)
more...
pictures hair danielle colby cushman,
stones
07-08 05:33 PM
Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
dresses Pickers#39; Danielle Colby is
lacrossegc
09-23 11:40 AM
You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
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gparr
July 18th, 2004, 06:12 AM
Brandon,
Welcome to dphoto. Nice images for your first posts. dphoto is a place where there are lots of great people who are more than willing to help you create better images. Keep posting photos and feel free to ask questions.
Gary
Welcome to dphoto. Nice images for your first posts. dphoto is a place where there are lots of great people who are more than willing to help you create better images. Keep posting photos and feel free to ask questions.
Gary
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veni001
02-04 08:52 PM
One word worth millions, so you are more than welcome to say what ever you want to!
But, when we say something is wrong we should know what is right in the first place, we are more than happy to accept the truth, if you can share with us.
Like it or not reality is tough to digest almost all the time. Let's hope our brothers and sisters will not fall prey to the evil employer(s):(
God bless you all.
But, when we say something is wrong we should know what is right in the first place, we are more than happy to accept the truth, if you can share with us.
Like it or not reality is tough to digest almost all the time. Let's hope our brothers and sisters will not fall prey to the evil employer(s):(
God bless you all.
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jonty_11
12-13 10:09 AM
ICE (Immi and Customs Enforcement) has busted meat packing plants all over the US to hunt for illegals. This strategy has been going on since the illegals took to the streets actually and was followed by the impractical Border Fence legislation. This puts me in doubt wheter CIR will be considered at all, as USCIS and the Govt. seems to be concentrating on slowly rooting out the Illegals by conducting such raids.
Thoughts?
Thoughts?
jonty_11
07-05 04:25 PM
stop jumping the line....
keerthisagar
10-28 10:02 AM
There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).
However, You can file a request using FOIA. Check the following threads.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html
Thanks indigo10, this is helpful.
However, You can file a request using FOIA. Check the following threads.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html
Thanks indigo10, this is helpful.
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