wc_user
07-16 03:25 PM
There is an RFE on my advance parole. Came to know about it through my online status. I called to know what the RFE is about and I was told that they can't tell me over the phone and it is between the officer and me and that I have to wait to receive the RFE. Has anyone else experienced this ? I filed the RFE myself online.
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kpchal2
08-10 10:11 PM
HI All
I am worried about my employer. Given the fact about I-485 apps and the last few days of labor in the previous month I have doubts about my employer. He is a very mean and hopeless desi employer and I am worried if he sold out my labor to some high bidder. is there any way i can find out if my labor is still infact in my name. any thoughts
thanks
I am worried about my employer. Given the fact about I-485 apps and the last few days of labor in the previous month I have doubts about my employer. He is a very mean and hopeless desi employer and I am worried if he sold out my labor to some high bidder. is there any way i can find out if my labor is still infact in my name. any thoughts
thanks
LegalIndianInUSA
09-11 03:11 PM
Can someone suggest how I can go about getting some clarification from USCIS regarding the usage of H1 post AP (i.e. in Parolee status, can a person use H1 797 approval to work)
Yes, there's the May 2000 interim memo (which is unfortunately not available from the USCIS website though) and even the memo is not very clear on the subject.
I was thinking of writing to the Ombudsman and having them get this clarified. We get different opinions from different lawyers. I'd like one straight answer from the authority who's "interpretation" matters : USCIS.
So, can IV take this forward with the Ombudsman or should I file a 7001 or something with them?
Thanks,
Yes, there's the May 2000 interim memo (which is unfortunately not available from the USCIS website though) and even the memo is not very clear on the subject.
I was thinking of writing to the Ombudsman and having them get this clarified. We get different opinions from different lawyers. I'd like one straight answer from the authority who's "interpretation" matters : USCIS.
So, can IV take this forward with the Ombudsman or should I file a 7001 or something with them?
Thanks,
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sanju
03-24 12:11 PM
Its a good consolidated report, It clearly says system is broken and need a fix. Almost all the legislation listed at the end talk about either recapturing lost visas or increase the numerical limit.
Thanks
That is true. However, it is not difficult to figure out that Ruth is a supporter of legalization of the undocumented. That's why the only bills covered at the end of the report are all legalization bills. She seems to have "extensive" analysis on per-country limits on EB &FB, but doesn't have the ink to write 1 line about country limits on the undocumented. The report systematically and intentinally overlooks all other bills that are related to legal immigration only. Most of the time, its not what is written, but who wrote it and how the information is presented which matters.
.
Thanks
That is true. However, it is not difficult to figure out that Ruth is a supporter of legalization of the undocumented. That's why the only bills covered at the end of the report are all legalization bills. She seems to have "extensive" analysis on per-country limits on EB &FB, but doesn't have the ink to write 1 line about country limits on the undocumented. The report systematically and intentinally overlooks all other bills that are related to legal immigration only. Most of the time, its not what is written, but who wrote it and how the information is presented which matters.
.
more...
austingc
04-29 05:45 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Canadian_Dream
10-04 04:30 PM
Check the I-94 date on the previous extension. If she overstayed beyond that date it could lead to 3/10 year bar depending upon her period of overstay. USCIS rarely ever grant extension for more that 6 months after the initial six month admission.
my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
more...
gxr
10-10 10:26 AM
Hello all,
1. Is it Ok to go a few days early to Dallas ASC for finger printing ? I won't be in town on the scheduled FP date and I am reluctant to reschedule.
2. Is there a time of day at Dallas ASC that is not so crowded, so that the ASC may not mind Walk ins ?
gxr
1. Is it Ok to go a few days early to Dallas ASC for finger printing ? I won't be in town on the scheduled FP date and I am reluctant to reschedule.
2. Is there a time of day at Dallas ASC that is not so crowded, so that the ASC may not mind Walk ins ?
gxr
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mjdup
11-08 03:21 PM
Yes, this is very sad. I did receive the same email. Monthly $10 wouldn't be much. May be you can get rid of one pay channel or the munchies from grocery store. That's the only sacrifice you had to do !
It is really pity ! May be its fun to be on Illegal side:)
It is really pity ! May be its fun to be on Illegal side:)
more...
mhtanim
10-07 11:44 AM
Hi,
I filed my EAD and AP renewal on Sept 17 (20 days) ago but still I haven't heard received neither receipt notice nor my check being cashed. Is there anything we can do to find out about the receipt notice? Fedex tracking shows the mail being already delivered. I am currently working on EAD and recently used AC21 to switch the company so EAD is very important to me.
Please provide your feedback and if anyone is having same delays in getting receipt notice for EAD / AP.
Thanks,
BK
It should not take this long.
Did you send your application by Fedex or some other courier that had tracking? Are you able to track when the package(s) reached the Service Center? Which Service Center did you filed your applications at?
I filed my EAD and AP renewal on Sept 17 (20 days) ago but still I haven't heard received neither receipt notice nor my check being cashed. Is there anything we can do to find out about the receipt notice? Fedex tracking shows the mail being already delivered. I am currently working on EAD and recently used AC21 to switch the company so EAD is very important to me.
Please provide your feedback and if anyone is having same delays in getting receipt notice for EAD / AP.
Thanks,
BK
It should not take this long.
Did you send your application by Fedex or some other courier that had tracking? Are you able to track when the package(s) reached the Service Center? Which Service Center did you filed your applications at?
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greencard_fever
07-31 05:45 PM
Can you tell us where that thread is?
Thanks
http://immigrationvoice.org/forum/showthread.php?t=20230
Thanks
http://immigrationvoice.org/forum/showthread.php?t=20230
more...
nviren
05-24 07:09 PM
Hi people here,
I need your help.
My company, a consulting firm, received an intent to deny notice for my labor application. (They received it in 1st week of may and a** telling me now. Needs to be replied by Jun 1st)
The lawyer and HR tell me that I have to get letters from my managers at my different clients explaining why they needed BS + 5 years of experience for the position and why they need certain set of skills.
If anybody has experience in dealing with such notice, please give me your inputs. How do you justify a need of 5 years experience in tangible and intangible terms?
TIA.
I need your help.
My company, a consulting firm, received an intent to deny notice for my labor application. (They received it in 1st week of may and a** telling me now. Needs to be replied by Jun 1st)
The lawyer and HR tell me that I have to get letters from my managers at my different clients explaining why they needed BS + 5 years of experience for the position and why they need certain set of skills.
If anybody has experience in dealing with such notice, please give me your inputs. How do you justify a need of 5 years experience in tangible and intangible terms?
TIA.
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Munshi75
06-05 05:55 PM
I live in New jersey and send my EAD renewal to Nebraska based on my I-485. When i read the instructions, I found out that the application has to go to Texas based to the state where i am in now.
I would appreciate if anyone had same experience and share it with us.
Thank you
I would appreciate if anyone had same experience and share it with us.
Thank you
more...
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Blog Feeds
04-26 11:30 AM
For the second time, a federal judge has declared a Farmers Branch ordinance banning illegal immigrants from renting in the city to be unconstitutional. Here are excerpts from a Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-FBsuit_25met.ART.Central.Edition1.4c77c2c.html) article reporting this decision:
U.S. District Judge Jane Boyle of Dallas ruled Wednesday that the ordinance was an attempt to enforce U.S. immigration laws – something the judge said only the federal government can do.
The judge also issued a permanent injunction to stop Farmers Branch from enforcing Ordinance 2952.
Mayor Tim O'Hare, the driving force behind the ordinances, said he wants to appeal.
"The American people are tired of judges legislating from the bench," he said. "This decision is not unexpected but welcomed, because it allows us to get closer to this ordinance becoming reality."
But O'Hare said the City Council would have to vote on whether to continue a fight that has cost the city nearly $3.2 million since September 2006. And the city may need to spend an additional $623,000 in legal fees in the year ahead, city finance director Charles Cox said Wednesday.
About one-quarter of the estimated 30,000 people who live in Farmers Branch were born outside the United States. About 47 percent of the city's population is Hispanic.
In the past four years, the city has proposed a series of ordinances that would make it illegal for landlords to rent to illegal immigrants. A version approved by the council in 2006 was repealed in early 2007 to make way for another ordinance.
That ordinance, No. 2903, was approved by two-thirds of voters in 2007 but later declared unconstitutional by U.S. District Judge Sam Lindsay. The city abandoned an appeal of that ordinance in favor of Ordinance 2952. No. 2952 added all rental units, including houses, to the ban on renting to illegal immigrants.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/tzioDil0POU/)
U.S. District Judge Jane Boyle of Dallas ruled Wednesday that the ordinance was an attempt to enforce U.S. immigration laws – something the judge said only the federal government can do.
The judge also issued a permanent injunction to stop Farmers Branch from enforcing Ordinance 2952.
Mayor Tim O'Hare, the driving force behind the ordinances, said he wants to appeal.
"The American people are tired of judges legislating from the bench," he said. "This decision is not unexpected but welcomed, because it allows us to get closer to this ordinance becoming reality."
But O'Hare said the City Council would have to vote on whether to continue a fight that has cost the city nearly $3.2 million since September 2006. And the city may need to spend an additional $623,000 in legal fees in the year ahead, city finance director Charles Cox said Wednesday.
About one-quarter of the estimated 30,000 people who live in Farmers Branch were born outside the United States. About 47 percent of the city's population is Hispanic.
In the past four years, the city has proposed a series of ordinances that would make it illegal for landlords to rent to illegal immigrants. A version approved by the council in 2006 was repealed in early 2007 to make way for another ordinance.
That ordinance, No. 2903, was approved by two-thirds of voters in 2007 but later declared unconstitutional by U.S. District Judge Sam Lindsay. The city abandoned an appeal of that ordinance in favor of Ordinance 2952. No. 2952 added all rental units, including houses, to the ban on renting to illegal immigrants.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/tzioDil0POU/)
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pd052009
11-15 11:04 AM
It is not a problem with EAD. I am on H1B. I have already received 2 temp. driving certificates. I am expecting one more temp. certificate before getting the original plastic card. The DMV officials told me that there are lot of immigrant people from India, China and Mexico. So the under-staffed dept requries more time to validate.
more...
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bskrishna
02-28 02:13 PM
Can some one in L1B apply for EB1? I thought only L1 A were eligible to apply in EB1....
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sunnyark1
02-18 10:52 AM
Dear Attorneys, fellow forum members:
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
more...
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Rb_newsletter
04-16 02:19 PM
I would like to see this kind of report in front page of WSJ and NY times.
I like the below points from the report.
- There is no evidence that during the long periods of time when no foreign
nationals could receive new H-1B petitions the job market improved for U.S. workers or professionals.
- The March 2009 findings from Duke University and University of California, Berkeley researchers send a signal that America cannot take it for granted that outstanding international students, researchers and professionals from around the world will always want to stay and work in the United States.
- The relaxation of green card constraints proposed in the Comprehensive Immigration Reform Act of 2006 could have increased labor earnings and GDP by approximately $34 billion in the tenth year following enactment and had a net positive effect on the budget of $34 to $47 billion over ten years.
- Relaxation of H-1B caps under the Comprehensive Immigration Reform Act of 2007 could have increased labor earnings and GDP by $60 billion in the tenth year following enactment and improved the federal budget�s bottom line by $64 to $86 billion over ten years.�
- �Over the past 15 years, immigrants have started 25 percent of U.S. public companies that were venture-backed, a high percentage of the most innovative companies in America . . . The largest U.S. venture-backed public companies started by immigrants include Intel, Solectron, Sanmina-SCI, Sun Microsystems, eBay, Yahoo!, and Google.
- we estimate that all companies founded by immigrants from 1995 to 2005 produced $52 billion in sales and employed 450,000 workers in 2005,�
-
I like the below points from the report.
- There is no evidence that during the long periods of time when no foreign
nationals could receive new H-1B petitions the job market improved for U.S. workers or professionals.
- The March 2009 findings from Duke University and University of California, Berkeley researchers send a signal that America cannot take it for granted that outstanding international students, researchers and professionals from around the world will always want to stay and work in the United States.
- The relaxation of green card constraints proposed in the Comprehensive Immigration Reform Act of 2006 could have increased labor earnings and GDP by approximately $34 billion in the tenth year following enactment and had a net positive effect on the budget of $34 to $47 billion over ten years.
- Relaxation of H-1B caps under the Comprehensive Immigration Reform Act of 2007 could have increased labor earnings and GDP by $60 billion in the tenth year following enactment and improved the federal budget�s bottom line by $64 to $86 billion over ten years.�
- �Over the past 15 years, immigrants have started 25 percent of U.S. public companies that were venture-backed, a high percentage of the most innovative companies in America . . . The largest U.S. venture-backed public companies started by immigrants include Intel, Solectron, Sanmina-SCI, Sun Microsystems, eBay, Yahoo!, and Google.
- we estimate that all companies founded by immigrants from 1995 to 2005 produced $52 billion in sales and employed 450,000 workers in 2005,�
-
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wandmaker
01-10 10:30 AM
Agree on 1 and 2. But it is (c) (9) FILED I-485 for #3. I applied recently with no problem. Include a copy I-485 receipt.
you are correct for #3
you are correct for #3
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EAD2009
03-13 01:54 PM
HI,
i have two questions
I completed my Masters and working in related field(Software) from 2 years in OPT,now i got admission for Doctoral Program in UNVA(University of northern Virginia). This is not a good University, but i can complete my Doctoral Program in 3-4 years while i will be working in my related filed of study on CPT.
1Q.)can i be eligible for EB1 with this Doctoral Degree (or) Do i have to submit any international research papers for being eligible for EB1?
My F1 Visa was expired long back ,but have valid OPT and I-94(D/S duration of Study) so i can still work.
But i will be travelling to INDIA in May and will go to consulate for my F1Visa.
If i'm not satisfied with this Doctoral Program ,i will transfer to MBA with in same university (or)some other good university (i.e i'm trying to change from software to MBA).
2Q.) Can i Transfer to MBA when i got my visa for Doctoral Program in Software Engg ?
Please let me know if you need any more information (or) if i have to be more specific about the question.
Thanks a bunch for IV .
i have two questions
I completed my Masters and working in related field(Software) from 2 years in OPT,now i got admission for Doctoral Program in UNVA(University of northern Virginia). This is not a good University, but i can complete my Doctoral Program in 3-4 years while i will be working in my related filed of study on CPT.
1Q.)can i be eligible for EB1 with this Doctoral Degree (or) Do i have to submit any international research papers for being eligible for EB1?
My F1 Visa was expired long back ,but have valid OPT and I-94(D/S duration of Study) so i can still work.
But i will be travelling to INDIA in May and will go to consulate for my F1Visa.
If i'm not satisfied with this Doctoral Program ,i will transfer to MBA with in same university (or)some other good university (i.e i'm trying to change from software to MBA).
2Q.) Can i Transfer to MBA when i got my visa for Doctoral Program in Software Engg ?
Please let me know if you need any more information (or) if i have to be more specific about the question.
Thanks a bunch for IV .
samrat_bhargava_vihari
06-19 09:05 AM
Folks,
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
wandmaker
01-10 10:30 AM
Agree on 1 and 2. But it is (c) (9) FILED I-485 for #3. I applied recently with no problem. Include a copy I-485 receipt.
you are correct for #3
you are correct for #3