bomber
08-07 07:15 PM
I-485 is your application. Employer must provide receipt notices. Talk to your lawyer, he'll help you. You can call USCIS and get receipt notice.
To answer your question, I'm not that expert.
"Talk to your lawyer, he'll help you"..... not really..
My lawyer told me he will not provide receipt notice without employer's permission and employer has refused to grant permission.."
Don't know if calling USCIS and asking for a receipt notice will help if I already have an attorney authorized to represent ME through G-28...
Won't they send it to the attorney on record again?
To answer your question, I'm not that expert.
"Talk to your lawyer, he'll help you"..... not really..
My lawyer told me he will not provide receipt notice without employer's permission and employer has refused to grant permission.."
Don't know if calling USCIS and asking for a receipt notice will help if I already have an attorney authorized to represent ME through G-28...
Won't they send it to the attorney on record again?
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EndlessWait
07-13 12:59 PM
Can we have this ridiculous and scandalous thread deleted.
Pure speculation masquerading as scoop.
and then people ask where do buffoons come from.. we just need to show the mirror to those who outrightly without any basis term a thread "Ridiculous and Scandalous".
I merely interpreted what I thought could be a possibility.
Pure speculation masquerading as scoop.
and then people ask where do buffoons come from.. we just need to show the mirror to those who outrightly without any basis term a thread "Ridiculous and Scandalous".
I merely interpreted what I thought could be a possibility.
new_horizon
03-04 10:23 AM
From what I know TN visa is not dual intent like H1B. So you can't continue processing your GC when holding a TN visa.
Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).
Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
Check this link
NAFTA � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/nafta.asp)
_______________________
Not a legal advice.
US citizen of Indian origin
Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).
Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
Check this link
NAFTA � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/nafta.asp)
_______________________
Not a legal advice.
US citizen of Indian origin
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Nikith77
03-09 03:34 PM
If you do it in India. You will be back in Q just like GC here.
Its better get it here.
Its better get it here.
more...
addsf345
11-05 12:52 AM
Hmm...let me guess. Well, I had same issues with my current lawyer who is a official corporate attorney for immigration matters with my employer. Good part is, I didn't have to pay money to him but bad part is he is mostly not-responsive, arrogant, treated us like slaves, rude and what not. He doesn't answer anything about AC21 and we have to go thru' HR if we have any questions. Many a times, employees are completely unaware what is going on with their immigration papers. I did not receive my LC or copy of I-140. Guess this differs from person to person and company to company.
well, now since I have decided to enjoy freedom using AC21, I would like a good lawyer to represent my case; whom I should be able to ask questions.
well, now since I have decided to enjoy freedom using AC21, I would like a good lawyer to represent my case; whom I should be able to ask questions.
satishku_2000
06-14 06:13 PM
http://www.msnbc.msn.com/id/19221467/
WASHINGTON - Key senators tentatively agreed on a plan to revive a stalled immigration bill on Thursday, aided by President Bush's support for a quick $4.4 billion aimed at "securing our borders and enforcing our laws at the work site."
Officials who spoke on condition of anonymity said Republican and Democratic supporters of the bill were presenting their proposal to the Senate's top two leaders, who in turn arranged an early evening meeting to discuss it.
Precise details to be presented to Majority Leader Harry Reid, D-Nev., and Minority Leader Mitch McConnell, R-Ky., were not disclosed.
In general, according to officials familiar with the discussions, Republicans and Democrats would each be accorded roughly a dozen chances to amend the measure, with the hope that they would then combine to provide the 60 votes needed to overcome a filibuster by die-hard opponents. The officials who described the emerging plan did so on condition of anonymity, saying the negotiations had been conducted in private.
The legislation has generated intense controversy, particularly for provisions envisioning eventual citizenship for many of the estimated 12 million immigrants now in the country unlawfully. The bill also calls for greater border security and a crackdown on the hiring of illegal employees.
In general, according to officials familiar with the discussions, Republicans and Democrats would each be accorded roughly a dozen chances to amend the measure, with the hope that they would then combine to provide the 60 votes needed to overcome a filibuster by die-hard opponents. The officials who described the emerging plan did so on condition of anonymity, saying the negotiations had been conducted in private.
The legislation has generated intense controversy, particularly for provisions envisioning eventual citizenship for many of the estimated 12 million immigrants now in the country unlawfully. The bill also calls for greater border security and a crackdown on the hiring of illegal employees.
"We're going to show the American people that the promises in this bill will be kept," Bush said, two days after launching a personal rescue mission.
Bush supports setting aside all the fees and penalties in the bill solely for tougher security on the border and workplace enforcement, White House press secretary Tony Snow said earlier Thursday. The president on Monday morning will make the announcement of his backing for an amendment that two Republican senators have proposed to accomplish this end.
The provision would immediately divert $4.4 billion toward border security, with that amount to be paid back once the new fees are in place, Snow said.
With many questions unanswered, it was unclear how much of a concession the move amounts to for Bush.
The White House did not have an estimate of how much money the provision would generate yearly toward border security. It also could not say whether the money would be in addition to currently planned border security funding levels or just a way to dedicate funds to that purpose. And it wasn't clear what budget account would be drawn down to pay for the initial $4.4 billion.
The aim, Snow said, is "trying to get money to the border right away."
2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed
WASHINGTON - Key senators tentatively agreed on a plan to revive a stalled immigration bill on Thursday, aided by President Bush's support for a quick $4.4 billion aimed at "securing our borders and enforcing our laws at the work site."
Officials who spoke on condition of anonymity said Republican and Democratic supporters of the bill were presenting their proposal to the Senate's top two leaders, who in turn arranged an early evening meeting to discuss it.
Precise details to be presented to Majority Leader Harry Reid, D-Nev., and Minority Leader Mitch McConnell, R-Ky., were not disclosed.
In general, according to officials familiar with the discussions, Republicans and Democrats would each be accorded roughly a dozen chances to amend the measure, with the hope that they would then combine to provide the 60 votes needed to overcome a filibuster by die-hard opponents. The officials who described the emerging plan did so on condition of anonymity, saying the negotiations had been conducted in private.
The legislation has generated intense controversy, particularly for provisions envisioning eventual citizenship for many of the estimated 12 million immigrants now in the country unlawfully. The bill also calls for greater border security and a crackdown on the hiring of illegal employees.
In general, according to officials familiar with the discussions, Republicans and Democrats would each be accorded roughly a dozen chances to amend the measure, with the hope that they would then combine to provide the 60 votes needed to overcome a filibuster by die-hard opponents. The officials who described the emerging plan did so on condition of anonymity, saying the negotiations had been conducted in private.
The legislation has generated intense controversy, particularly for provisions envisioning eventual citizenship for many of the estimated 12 million immigrants now in the country unlawfully. The bill also calls for greater border security and a crackdown on the hiring of illegal employees.
"We're going to show the American people that the promises in this bill will be kept," Bush said, two days after launching a personal rescue mission.
Bush supports setting aside all the fees and penalties in the bill solely for tougher security on the border and workplace enforcement, White House press secretary Tony Snow said earlier Thursday. The president on Monday morning will make the announcement of his backing for an amendment that two Republican senators have proposed to accomplish this end.
The provision would immediately divert $4.4 billion toward border security, with that amount to be paid back once the new fees are in place, Snow said.
With many questions unanswered, it was unclear how much of a concession the move amounts to for Bush.
The White House did not have an estimate of how much money the provision would generate yearly toward border security. It also could not say whether the money would be in addition to currently planned border security funding levels or just a way to dedicate funds to that purpose. And it wasn't clear what budget account would be drawn down to pay for the initial $4.4 billion.
The aim, Snow said, is "trying to get money to the border right away."
2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed
more...
Silvermanto
05-29 10:43 AM
See that's what I worry about what Sam_hoiser said regarding to a bench warrant
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krishnam70
02-15 02:32 PM
What you are advising her/him to do is lie to USCIS that he/she is sick when she is not. This is on the same lines as doing what those guys behind bars did, brining people on H-1B from India to the US without actually having a job for them.
Again, its people like you that is giving genuine legal immigrants a bad name, and putting us all (including yourself) in the LONG immigration queue!
I see that you have written letters and participated in other campaigns. None of those will materialize if you're teaching others to missuse the H-1B system. How hard is it for you to understand that these are the kinds of loopholes because of which we are stuck with no visa numbers?
Pllleeeease dont act sacrosant.. dont tell me you never faked your resume about your project to get a break.
The reason the DESI body shop companies got raided and charged are because they
1. filed H1 from IOWA because they knew that the wait period was few weeks and then used those.
2. They used faked/forged documentation to do that, not one but probably hundreds of cases. You dont get charged with mail forgery etc for nothing
3. They used those H1's to employ the candidates in other areas which beats the LCA from IOWA since they got certified from IOWA DOL that jobs aspirants of that nature did not exist in that area for the salary they were getting paid..
You sound as if you want that guy to leave everything and go back to his home country because he has lost his job. I BET if you were in a similar situation you would do something like that and dont be pretentious about it and be a hypocrite. If it becomes untenable for the person to stay any longer here without the project he/she will leave anyway.
I have just pointed out a way to get a reprieve for few extra days and its not going to cause a 6 year backlog in your dates.. so chillout
peace
kris
Again, its people like you that is giving genuine legal immigrants a bad name, and putting us all (including yourself) in the LONG immigration queue!
I see that you have written letters and participated in other campaigns. None of those will materialize if you're teaching others to missuse the H-1B system. How hard is it for you to understand that these are the kinds of loopholes because of which we are stuck with no visa numbers?
Pllleeeease dont act sacrosant.. dont tell me you never faked your resume about your project to get a break.
The reason the DESI body shop companies got raided and charged are because they
1. filed H1 from IOWA because they knew that the wait period was few weeks and then used those.
2. They used faked/forged documentation to do that, not one but probably hundreds of cases. You dont get charged with mail forgery etc for nothing
3. They used those H1's to employ the candidates in other areas which beats the LCA from IOWA since they got certified from IOWA DOL that jobs aspirants of that nature did not exist in that area for the salary they were getting paid..
You sound as if you want that guy to leave everything and go back to his home country because he has lost his job. I BET if you were in a similar situation you would do something like that and dont be pretentious about it and be a hypocrite. If it becomes untenable for the person to stay any longer here without the project he/she will leave anyway.
I have just pointed out a way to get a reprieve for few extra days and its not going to cause a 6 year backlog in your dates.. so chillout
peace
kris
more...
deafTunes123
08-27 12:57 PM
Guys,
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
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pkd666
02-14 11:20 AM
I had the same problem with my desi employer about a couple of years ago. Tell him that you are going to call the IRS if he does not correct the W2. then go ahead and call the IRS. they will send him a letter, most often than not it should take care of things, otherwise the IRS will investigate the employer.
I hope you have the Pay stubs to prove your claim.
I hope you have the Pay stubs to prove your claim.
more...
kufloyd
06-13 11:06 PM
It just means somebody touched the case. The case is still at NSC.
What is your PD? Are you current?
My PD is Feb 2004, so I've been current for almost 2 months now. Though, my ND is 9/12/2007 and NSC is processing 7/14/2007, so that's not current yet...
What is your PD? Are you current?
My PD is Feb 2004, so I've been current for almost 2 months now. Though, my ND is 9/12/2007 and NSC is processing 7/14/2007, so that's not current yet...
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xyz_123
09-25 07:11 PM
Received card production ordered email today for my application.
Details:
---------
EB3: I-485 applied on July 23rd at NSC
I-140 approved from NSC
Details:
---------
EB3: I-485 applied on July 23rd at NSC
I-140 approved from NSC
more...
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andy garcia
10-15 02:41 PM
I did not have a exit date on the passport. At the border they just took my Old I-94 and let me go. But when i came in I got the admit stampted. I hope its not a issue right?
US do not stamp your passport when you leave. That is why they take your I-94 and make an entry of the date that you leave.
You are OK.
US do not stamp your passport when you leave. That is why they take your I-94 and make an entry of the date that you leave.
You are OK.
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webm
11-19 11:09 AM
If you consider waiting from Feb 2005 is too long, then what you would say for those guys stuck still in BEC from 1999
I agree with you...
I agree with you...
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brb2
10-06 03:32 PM
Tell him you are travelling to Canada (or Timbuktoo) for the holiday period, and you need to have this document with you so you don't have problems on the way back in:)
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caydee
03-07 04:22 PM
Short answer No. Long answer: it depends on when you will apply for 485. For example: you filed I-140 on Jan 1-st 2006, it was approved on Jan 1-st 2007, so it was pending for 365 days. You are applying for 485 when you child is 21 years and 364 days old - he is covered by CPA (Child protection act) and can file 485 as your dependent. One day later - he is not covered and could not file 485.
Hope it helps.
Yes, you have answered my question. Thanks.
One must consider this before deciding on premium processing. I took the PP route and got I140 approval in 118 days. Dont know if I will have the opportunity to file I485 before my child turns 21 + 117 days.
Thanks again!!
Hope it helps.
Yes, you have answered my question. Thanks.
One must consider this before deciding on premium processing. I took the PP route and got I140 approval in 118 days. Dont know if I will have the opportunity to file I485 before my child turns 21 + 117 days.
Thanks again!!
more...
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nk2006
10-09 04:00 PM
As far as H-1, I don't understand: wont you need an H-1 transfer from your new employer, in that case the 3 yr extension will come from him, so it shouldnt matter if your old employer revokes I-140, since anyway you are planning to restart gc process.
Yes I do need the transfer from new employer but the original extension of H1B beyond six years is granted because I have an approved I140. I was wondering if revoking that I140 has any effect on the H1b too.
To give more specifics: six years of h1b will be completed in Feb �07. PERM labor is approved and lets say if I140 is approved by Jan, my plan is to do one of two things:
(i) Immediately apply for 3 year extension of H1B from present employer. Wait until it�s approved � the new H1b is valid until Feb �10. After approval apply for h1b transfer. Is this possible? After the transfer if original I140 is revoked, I assume UCSIS is not going to recall my h1b. Am I right? The extended h1b period is with me to keep � is my understanding right?
(ii) After the approval of I140 (say in Jan), I will apply for h1b transfer and extension with new employer (extension based on the fact that I have an approved I140 and that priority date is not current). The hitch here is the approved I140 is from a different employer than the one asking for h1b extension. Is this possible? (I know that one year extension based on pending labor is not tied to which employer applied for the labor; is this rule same for approved I140 related extension?). What is effect of I140 revoke on this case?
Thanks a bunch.
Yes I do need the transfer from new employer but the original extension of H1B beyond six years is granted because I have an approved I140. I was wondering if revoking that I140 has any effect on the H1b too.
To give more specifics: six years of h1b will be completed in Feb �07. PERM labor is approved and lets say if I140 is approved by Jan, my plan is to do one of two things:
(i) Immediately apply for 3 year extension of H1B from present employer. Wait until it�s approved � the new H1b is valid until Feb �10. After approval apply for h1b transfer. Is this possible? After the transfer if original I140 is revoked, I assume UCSIS is not going to recall my h1b. Am I right? The extended h1b period is with me to keep � is my understanding right?
(ii) After the approval of I140 (say in Jan), I will apply for h1b transfer and extension with new employer (extension based on the fact that I have an approved I140 and that priority date is not current). The hitch here is the approved I140 is from a different employer than the one asking for h1b extension. Is this possible? (I know that one year extension based on pending labor is not tied to which employer applied for the labor; is this rule same for approved I140 related extension?). What is effect of I140 revoke on this case?
Thanks a bunch.
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sen
11-17 06:51 PM
Hi
I am also from south east michigan. I don't any see posting in this section, which surprises me. We have to mobilize our friends in this region as Michigan Senator is going to hold a key position in the new congress.
I am also from south east michigan. I don't any see posting in this section, which surprises me. We have to mobilize our friends in this region as Michigan Senator is going to hold a key position in the new congress.
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ilwaiting
08-07 02:19 PM
Well I had explored this option quite extensively too and
gave up my canadian PR after seeing that its not a viable option.
PR residents and canadian citizens need to get nexus pass at the border if they intend to live in canada and work in us. You need to undergo an extensive interview with US CBP. where in quite a lot of documents and neccessity are questioned and evaualted by US authorities. Also there is no guarantee that one would get it inspite of undergoing the interview. Its like acquiring a visa. If you say you had been living in US for the last 7-10 yrs and now tell them you are moving to canada because you want to work in US, that might be a problem.
check out
http://www.getnexus.com/
Cars coming into Canada and USA are checked and custom duties applied even for half eaten sandwiches. This causes uncertain wait times and delayes
Not many IT jobs(not sure what you are) in detroit area and you need to maintain your H1 status. What if your projects ends in detroit what would you do?
There are many more issues, can't explain all here.
Bascially nexus is a good option for canadian citizens not for PR.
I am an EB3 India applicant with a PD of August 2001. Cant file I 485 due to retro so cant get AP or EAD for spouse. I am currently in 7th yr of H1 and will soon be applying for 3 yr extension for 8,9,10 th yr based on approved I 140.
I am also a Canadian PR and one option is to move to Canada. However one option which I have been researching seriously lately is to live in Windsor, Ontario and work in Detroit , Michigan.
Windsor and Detroit are both Urban areas and twin cities on each side of the border connected by bridge and a tunnel. From Windsor most of Detroit metro is only 1 hrs drive. Downtown Detroit is only half hr drive.
Here are some advantages to this.
1) You keep your H1 B visa, and US Salary.
2) You earn time towards maintaining your Canadian residency and even Canadian Citizenship.
3) You have best of both worlds. (US Salaries opportunities, Canadian healthcare/social benefits).
4) Spouse can work in Canada and keep H4 also.
5) Can continue GC process without loss of security.
6) Visit other cities in US. ie even if spouse /fly is in other city you can easily commute once a month etc.
7) Once you get GC you can always move back to US.
Disadvantages
1) Crossing border each day (normally not an issue but border gets busy on some days).
2) Paying Canadian income tax.
3) Only possible if you get transfer to Detroit or new job there.
4) If you own home etc or your wife is studying etc you may have to live separately for some time.
Has anyone done this or knows anyone who has done this ? In theory and on paper its a good idea. Apparently thousand of ppl (even non immigrants) do this both ways.
Any insights anyone can share ? This may be good option in many cases.
Thanks
gave up my canadian PR after seeing that its not a viable option.
PR residents and canadian citizens need to get nexus pass at the border if they intend to live in canada and work in us. You need to undergo an extensive interview with US CBP. where in quite a lot of documents and neccessity are questioned and evaualted by US authorities. Also there is no guarantee that one would get it inspite of undergoing the interview. Its like acquiring a visa. If you say you had been living in US for the last 7-10 yrs and now tell them you are moving to canada because you want to work in US, that might be a problem.
check out
http://www.getnexus.com/
Cars coming into Canada and USA are checked and custom duties applied even for half eaten sandwiches. This causes uncertain wait times and delayes
Not many IT jobs(not sure what you are) in detroit area and you need to maintain your H1 status. What if your projects ends in detroit what would you do?
There are many more issues, can't explain all here.
Bascially nexus is a good option for canadian citizens not for PR.
I am an EB3 India applicant with a PD of August 2001. Cant file I 485 due to retro so cant get AP or EAD for spouse. I am currently in 7th yr of H1 and will soon be applying for 3 yr extension for 8,9,10 th yr based on approved I 140.
I am also a Canadian PR and one option is to move to Canada. However one option which I have been researching seriously lately is to live in Windsor, Ontario and work in Detroit , Michigan.
Windsor and Detroit are both Urban areas and twin cities on each side of the border connected by bridge and a tunnel. From Windsor most of Detroit metro is only 1 hrs drive. Downtown Detroit is only half hr drive.
Here are some advantages to this.
1) You keep your H1 B visa, and US Salary.
2) You earn time towards maintaining your Canadian residency and even Canadian Citizenship.
3) You have best of both worlds. (US Salaries opportunities, Canadian healthcare/social benefits).
4) Spouse can work in Canada and keep H4 also.
5) Can continue GC process without loss of security.
6) Visit other cities in US. ie even if spouse /fly is in other city you can easily commute once a month etc.
7) Once you get GC you can always move back to US.
Disadvantages
1) Crossing border each day (normally not an issue but border gets busy on some days).
2) Paying Canadian income tax.
3) Only possible if you get transfer to Detroit or new job there.
4) If you own home etc or your wife is studying etc you may have to live separately for some time.
Has anyone done this or knows anyone who has done this ? In theory and on paper its a good idea. Apparently thousand of ppl (even non immigrants) do this both ways.
Any insights anyone can share ? This may be good option in many cases.
Thanks
sunny1000
04-14 06:13 PM
congrats!;)
kannan
04-13 12:08 AM
Hi,
Are you going to file AC21 now or going to reply Rfe without filing AC21.
Is your lawyer frogamn from CA? Did they infom you about Rfe if not how did you get the Rfe mail.
Thanks
I have a phone call set with my lawyer. I am going to listen to his recommendation. However knowing how others are handling similar situation will help me in taking decision.
Are you going to file AC21 now or going to reply Rfe without filing AC21.
Is your lawyer frogamn from CA? Did they infom you about Rfe if not how did you get the Rfe mail.
Thanks
I have a phone call set with my lawyer. I am going to listen to his recommendation. However knowing how others are handling similar situation will help me in taking decision.