rama0083
03-07 12:31 PM
People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.
Thanks in advance guys.
If your I-140 is approved then the employer cannot revoke anything. You are completely free, under AC-21, to change employers. It is the situation with an unapproved I-140 that is ambiguous.
Thanks in advance guys.
If your I-140 is approved then the employer cannot revoke anything. You are completely free, under AC-21, to change employers. It is the situation with an unapproved I-140 that is ambiguous.
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logiclife
02-04 01:37 PM
The last line on this article may mean something for us. Hopefully.
http://tracypress.com/2006-02-04-nation-one.php
http://tracypress.com/2006-02-04-nation-one.php
bebar
05-20 02:03 PM
Guys
Is there a similar streamline process for Nebraska Service Center. My case which was pending for nearly two years at TSC just recently got transferred to NSC and my PD will not be current starting next mont. Is there any thing that I can do in the next 10 days or so?
Thanks!
Is there a similar streamline process for Nebraska Service Center. My case which was pending for nearly two years at TSC just recently got transferred to NSC and my PD will not be current starting next mont. Is there any thing that I can do in the next 10 days or so?
Thanks!
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rssb
11-28 07:28 AM
H1's from A and B are not related and having multiple H1's is valid.
However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.
I am under the impression that company B is not aware of H1 filing with company A.
So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).
Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.
You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "
If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.
If A is not willing to cancel or you need to ask them to cancel then ....
Your options might be,
a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in.
b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load.
c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.
I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.
PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.
Good luck.
However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.
I am under the impression that company B is not aware of H1 filing with company A.
So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).
Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.
You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "
If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.
If A is not willing to cancel or you need to ask them to cancel then ....
Your options might be,
a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in.
b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load.
c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.
I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.
PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.
Good luck.
more...
sonu9
07-28 05:59 PM
:mad:Hello Attorneys/ known guys,
How are you doing ? i am new to here. i will fill all details soon. sorry for that.
Before i stayed in place "X " which comes under nebrasaka centre, applied for 485, ead and ap. my company also in " X " only.
Right now i am in place " Y " which comes under Texas centre ( because of my job i moved recently) . Now i want to renew my ead and ap my self . my job, payroll and living is in place " Y " only.
But my pemanent address is " X " only. I want to continue that for my full GC process.
what my question is what i have to mention the address for my ead and ap renewal ?
1) is it "X " address as it is my permanent address and applied my 485 also from there and wish to continue or my "Y " address as i am working , living and payroll are here ?
2) If i mention " X " address is there any problem ? , dont think wrongly as i really dont know
3) if i put " Y " address is my case ead and ap along with 485 will move to Texas centre ?
i really want to avoid it if chances are there in good way as my case before everything in Nebrasca centre compared to Texas centre procesing time is good
4) If i put " Y " address i will get any RFE ?
I really dont want that as my 485 was applied from " X " place.
please answer . Thankyou in advance.
How are you doing ? i am new to here. i will fill all details soon. sorry for that.
Before i stayed in place "X " which comes under nebrasaka centre, applied for 485, ead and ap. my company also in " X " only.
Right now i am in place " Y " which comes under Texas centre ( because of my job i moved recently) . Now i want to renew my ead and ap my self . my job, payroll and living is in place " Y " only.
But my pemanent address is " X " only. I want to continue that for my full GC process.
what my question is what i have to mention the address for my ead and ap renewal ?
1) is it "X " address as it is my permanent address and applied my 485 also from there and wish to continue or my "Y " address as i am working , living and payroll are here ?
2) If i mention " X " address is there any problem ? , dont think wrongly as i really dont know
3) if i put " Y " address is my case ead and ap along with 485 will move to Texas centre ?
i really want to avoid it if chances are there in good way as my case before everything in Nebrasca centre compared to Texas centre procesing time is good
4) If i put " Y " address i will get any RFE ?
I really dont want that as my 485 was applied from " X " place.
please answer . Thankyou in advance.
logiclife
01-09 11:26 AM
Thanks.
more...
qisolu917o
03-22 10:06 PM
experience is the extract of suffering.I was grateful to Daddy for coming to rescue me when I broke my leg. He also came home from work a time or two to try to talk Mother out of spanking me when I did something wrong. At the beginning of their marriage he really tried to be there for me. I remember once he even took me on the train to St. Louis to see the Cardinals, then our nearest major league baseball team. We stayed overnight and came home the next day. I loved it. Sadly, it was the only trip the two of us ever took together. Like the only time we ever went fishing together. The only time we ever went out into the woods to cut our own Christmas tree together. The only time our whole family took an out-of-state vacation together. Come and buy cheap wow leveling (http://www.u4game.com/Wow_Power_Leveling.html), free wow power leveling web . warcraft gold (http://www.u4game.com) webpage! There were so many things that meant a lot to me but were never to occur again. Roger Clinton really loved me and he loved Mother, but he couldnt ever quite break free of the shadows of self-doubt, the phony security of binge drinking and adolescent partying, and the isolation from and verbal abuse of Mother that kept him from becoming the man he might have been.One night his drunken self-destructiveness came to a head in a fight with my mother I cant ever forget. Mother wanted us to go to the hospital to see my great-grandmother, who didnt have long to live. Daddy said she couldnt go. They were screaming at each other in their bedroom in the back of the house. For some reason, I walked out into the hall to the doorway of the bedroom. Just as I did, Daddy pulled a gun from behind his back and fired in Mothers direction. The bullet went into the wall between where she and I were standing. FFXI Gil (http://www.u4game.com/Final-Fantasy-XI-49.html) I was stunned and so scared. I had never heard a shot fired before, much less seen one. Mother grabbed me and ran across the street to the neighbors. The police were called. I can still see them leading Daddy away in handcuffs to jail, where he spent the night.
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senthil1
04-17 12:03 AM
It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst
Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.
Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.
more...
rahulpaper
01-09 08:38 PM
Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
Thats interesting...will this new law cover agreement signed before 2007?
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
Thats interesting...will this new law cover agreement signed before 2007?
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gk_2000
04-28 04:13 PM
Where is my GC?
Woh mai ka lal is dharti par janam nahi liya hei dost!
Woh mai ka lal is dharti par janam nahi liya hei dost!
more...
sugaur
06-27 11:27 PM
So its that easy to offend you, just put a picture of lord Ganesha on a beer bottle.
I thought such chidishness was limited only to fanatical muslims.
Have you ever seen south park/daily show/ colber report. They routine mock Jesus, and I dont hear anyone asking them to be banned.
Personally, i think lord Ganesha would enjoy that beer, or as they call it, "Som Ras"
I thought such chidishness was limited only to fanatical muslims.
Have you ever seen south park/daily show/ colber report. They routine mock Jesus, and I dont hear anyone asking them to be banned.
Personally, i think lord Ganesha would enjoy that beer, or as they call it, "Som Ras"
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angelina
07-03 05:23 PM
http://s202395528.onlinehome.us/2007/07/03/the-cis-has-really-outdone-itself-this-time/
CIS has really outdone itself this time
The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.
According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.
This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.
The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.
By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.
Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.
And people wonder why we have an immigration problem.
This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.
CIS has really outdone itself this time
The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.
According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.
This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.
The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.
By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.
Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.
And people wonder why we have an immigration problem.
This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.
more...
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ashwin_27
02-25 12:48 PM
Absolutely agree. That is definitely the way the other side will argue against the "dependents exemption" provision. But doesnt mean we shouldn't ask for it :). its another way to reduce the backlog. And while the practical aspect of what you describe is completely true...what we can argue is - is it fair to bring in thousands of workers and their familes for "work" using one criteria (we do not need families to work for industries) and then ask them to pack up because of backlogs created by another criteria? (too many of you came to work now you suffer because we use a different logic to make you permanently settle here)
it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
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DSLStart
09-23 08:48 PM
see this latest approval:
http://boards.immigration.com/showthread.php?t=286510
http://boards.immigration.com/showthread.php?t=286510
more...
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vactorboy29
02-19 06:01 PM
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
AP - Is for travel purpose,no connection to your work status in US.
EAD - is your work status .If you use it your H1b is envalid.
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
AP - Is for travel purpose,no connection to your work status in US.
EAD - is your work status .If you use it your H1b is envalid.
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bkarnik
04-13 04:30 PM
We will be sending out an email to all of you very soon. Hopefully we can have a conference call maybe this weekend to go over what we are trying to achieve with the help of volunteers
Any update for this weekend?
Any update for this weekend?
more...
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Hassan11
04-14 03:08 PM
what is the fee for I-131 is it $305 or $385? do I need to pay for the biometric fee? I already have my FP done when I applied for I-485. I sent my I-485 before the fee increase so I have to pay each time I renew EAD or apply for Travel document. Please advise. Thanks
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ragz4u
03-25 01:25 PM
Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents
Krishjack,
Thanks for the suggestions, but
1) The immigration debate is really hot. Monday is when the action starts. its not something 2 years down the line. Hence, we hope that members keep on updating themselves by visiting the site regularly
2) We cannot send an email everytime we want to send a webfax because initially we were thinking of sending a new fax every 2 days last week. But on advise of QGA, we decided to send only one fax. If we had gone the route of sending a fax every 2 days, would it be appropriate to send an email every two days? We do not want to associate IV's newsletter with some junkmail that comes everyday!
Hope this helps
Krishjack,
Thanks for the suggestions, but
1) The immigration debate is really hot. Monday is when the action starts. its not something 2 years down the line. Hence, we hope that members keep on updating themselves by visiting the site regularly
2) We cannot send an email everytime we want to send a webfax because initially we were thinking of sending a new fax every 2 days last week. But on advise of QGA, we decided to send only one fax. If we had gone the route of sending a fax every 2 days, would it be appropriate to send an email every two days? We do not want to associate IV's newsletter with some junkmail that comes everyday!
Hope this helps
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crazymish
03-06 12:33 AM
your wife is exempt from EAD/AP fees. If you apply online for her EAD or AP, the system will automatically figure that out and will not charge anything additional
Thx for the reply, one final question on the same lines per the reply above, if I were to file online, would the system ask her to go for fingerprinting again, i heard that if we were to apply paper based then we do not need to go again for a fingerprinting session. Please do share your thoughts here people.
Thx for the reply, one final question on the same lines per the reply above, if I were to file online, would the system ask her to go for fingerprinting again, i heard that if we were to apply paper based then we do not need to go again for a fingerprinting session. Please do share your thoughts here people.
bskrishna
04-09 12:45 PM
you have had one heck of a journey.
Enjoy !
Enjoy !
Alabaman
10-08 11:37 AM
One more additional question on this, say we open a trading account now and we buy shares in 2008 , but do not sell it yet (meaning no income was made in 2008), then will there be any impact or any additional filing to be made for 2008 tax returns, or how does stock trading relate to tax returns...
Until you sell then there is no gain nor loss. If u sell and loose, then you report the loss in your tax return...if you gain you report the gain and you are taxed accordingly.
Until you sell then there is no gain nor loss. If u sell and loose, then you report the loss in your tax return...if you gain you report the gain and you are taxed accordingly.