pappu
04-08 12:03 PM
Please add your details in IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
and we can see the total cases in EB3
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
and we can see the total cases in EB3
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thakkarbhav
08-26 03:07 PM
My friend's wife got a job. company didn't ask for ead card so far. she filed the employment applicaiton where they asked her if she is a citizen or green card, she filled everything correct, they made an offer and did the background check, she is supposed to start in 2 weeks.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
They will ask for it when you fill the I-9 form on first day of joining. Make sure to bring it with you.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
They will ask for it when you fill the I-9 form on first day of joining. Make sure to bring it with you.
srkgollapudi
04-23 12:55 AM
Hello All,
My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?
Thank you
Ravi
My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?
Thank you
Ravi
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sledge_hammer
12-03 04:59 PM
Per the exerpt below, the spouse and children of a legal alien are eligible for benefits, and it will NOT effect the GC process of the primary applicant -
http://www.uscis.gov/files/article/public_cqa.pdf
Q21: If a member of an alien's family is receiving or has received public benefits, but the individual alien hasn’t, will INS or State hold this against the alien for public charge purposes?
A21: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying to INS or State for admission or to INS for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the family were reliant on their family member’s cash public benefits as its sole means of support.
In particular, alien parents do not have to worry that the INS or State will consider them to be public charges if they enroll their children in programs for which they are eligible, unless these are cash programs which provide the sole financial support for the family. This is true whether the children are U.S. citizens or non-citizens.
If a parent enrolls in TANF for cash benefits for the “child only,” this could be used by INS or State for a public charge determination concerning the parent if this cash is the sole support for the family. However, if there are other sources of support or a parent is working, then the cash assistance would not represent the family's sole source of support.
http://www.uscis.gov/files/article/public_cqa.pdf
Q21: If a member of an alien's family is receiving or has received public benefits, but the individual alien hasn’t, will INS or State hold this against the alien for public charge purposes?
A21: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying to INS or State for admission or to INS for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the family were reliant on their family member’s cash public benefits as its sole means of support.
In particular, alien parents do not have to worry that the INS or State will consider them to be public charges if they enroll their children in programs for which they are eligible, unless these are cash programs which provide the sole financial support for the family. This is true whether the children are U.S. citizens or non-citizens.
If a parent enrolls in TANF for cash benefits for the “child only,” this could be used by INS or State for a public charge determination concerning the parent if this cash is the sole support for the family. However, if there are other sources of support or a parent is working, then the cash assistance would not represent the family's sole source of support.
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ski_dude12
12-16 04:23 PM
With EAD, I got mine renewed for 3 years in NY:cool::cool::cool:
jayp
12-16 11:04 AM
check this link for NJ DMV
http://www.state.nj.us/mvc/
then select renew license renew which has a page for you to select the
6 point id verification. I looked and it has EAD as one of the documents. I would print each page with your selection and take it with you
I assume you do not have a valid I-94.
Also call your state DMV and confirm what documents are sufficient.
hope this helps.
http://www.state.nj.us/mvc/
then select renew license renew which has a page for you to select the
6 point id verification. I looked and it has EAD as one of the documents. I would print each page with your selection and take it with you
I assume you do not have a valid I-94.
Also call your state DMV and confirm what documents are sufficient.
hope this helps.
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rahulpatel
08-14 04:35 PM
Please note that, this is no more the issue of not-paying me at all-- He cleverly cleared recently the amount which is stated on my LCA H1. What he is actually withholding, is the difference of this and the actual salary (percentage) that was agreed upon, at that time.
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alisa
12-17 12:10 PM
My Labor was rotting in BEC, and so I moved to another role, and will now have a PD of 2007 as a new labor will be filed, Rest of the world, EB-3......
Got any predictions?????
Mine are 1 year (if legislation goes through), to 12 years (if it does not.)
Got any predictions?????
Mine are 1 year (if legislation goes through), to 12 years (if it does not.)
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lostinbeta
10-28 10:27 PM
HAHA, yeah, because they don't see your previous versions (unless you save your previous versions and keep them as examples)
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newuser
07-11 02:30 PM
Count me in. Just sent a PM
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VenuK
06-15 04:45 PM
Hi Meridiani,
Thank you for your response.
I did talk to Immigration Officer and my lawyer about it.
Immigration Officer said I-94 will be mailed to my employer and/or lawyer. even before that i talk to my lawyer about it. he said, I-94 will be the SAME number that i had company X.
I have to check with my lawyer for the your question what did you specify as your old employer? company X or the company whose H1 was denied and is now under appeal?
added to it .
my passport expiration date is March 2009. so i have to 6+ months validity for visa stamping so i have to go some time in July or August 2008.
how should i approach the situation, I'm confused...
who would be the right people i need to talk to. what would be my best bet....
Please advise.
Thank you for your response.
I did talk to Immigration Officer and my lawyer about it.
Immigration Officer said I-94 will be mailed to my employer and/or lawyer. even before that i talk to my lawyer about it. he said, I-94 will be the SAME number that i had company X.
I have to check with my lawyer for the your question what did you specify as your old employer? company X or the company whose H1 was denied and is now under appeal?
added to it .
my passport expiration date is March 2009. so i have to 6+ months validity for visa stamping so i have to go some time in July or August 2008.
how should i approach the situation, I'm confused...
who would be the right people i need to talk to. what would be my best bet....
Please advise.
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jonty_11
09-25 12:01 PM
Good find - shows the plight of legal immigrants.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Interesting one..but folks in washington will continue taking us for granted....unless we show them serious intent...
Hell, ALl they care abt is big corporations...even ahead of their own citizens...Wall St over Main St...
Bailout plan to be approved soon.......We areno where in the picture....even lawmakers know the realiy of this article...but its all about "show me the money"
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Interesting one..but folks in washington will continue taking us for granted....unless we show them serious intent...
Hell, ALl they care abt is big corporations...even ahead of their own citizens...Wall St over Main St...
Bailout plan to be approved soon.......We areno where in the picture....even lawmakers know the realiy of this article...but its all about "show me the money"
more...
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th5000th
07-10 05:51 PM
On June 9th, CIS provided the required data to VO. ????
a1b2c3....hang in there.....Sept might bring more good news.......
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
a1b2c3....hang in there.....Sept might bring more good news.......
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
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TwinkleM
01-30 12:13 AM
Hello Ravi,
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
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villamonte6100
06-27 11:05 AM
Why are you trusting your lawyer if they cannot even remember where the A# came from? Makes me wonder how they justify their existence if this the level of their competence. If I was that bad at my job I would have been on a plane out of the US within a week or arriving.
She's a good lawyer and I trust her and she has made a lot of successful H's, I140, Labor and GC cases. Very honest as well. So far in my case, we never had any problems and everything went smooth particularly when we were filing my PERM (which was very new during that time), she was really very cautious about it.
Regarding the A# which I pointed out to her, I actually confused her with my question. With the number of cases she's preparing right now, I think she just forgot where you could find the A#.
She's a good lawyer and I trust her and she has made a lot of successful H's, I140, Labor and GC cases. Very honest as well. So far in my case, we never had any problems and everything went smooth particularly when we were filing my PERM (which was very new during that time), she was really very cautious about it.
Regarding the A# which I pointed out to her, I actually confused her with my question. With the number of cases she's preparing right now, I think she just forgot where you could find the A#.
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CADude
07-21 01:10 PM
First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part :) Nothing comes free here.
Guys:
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
Guys:
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
more...
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PHANI_TAVVALA
01-02 01:55 PM
Adding to what Vinzak mentioned above, you will have hard time converting to F-1 since your I-140 is filed/approved. F-1 requires non-immigrant intent and filing I-140 shows immigration intent. There is a high chance your H1B to F1 COS wiil not be approved by USCIS.
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dxldad
05-18 12:00 PM
Murthy.com has some advice on this situation, please check their site. This is what I understand. Your daughter can board the flight to US based on the valid AP. Once she reaches US, she needs to inform the immigration officer that her GC was approved. The immigration officer has the authority to let her into the country after checking her records. Murthy has this scenario in detail.
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dpp
06-28 03:03 PM
dpp,
I dont know why its wrong for you. sounds very logical to me. Dont bring in the discussion of unnecessary current employment verification. The letter has to state that the employer is willing to hire him as a future employee. NOT RIGHT NOW. So the title has to be the title stated in the PERM/Labor Cert
Do you know what letters you want for filing I-485 for yourself and spouse?
If not, here it is. Employer needs to give 2 letters,
1) Employment verification letter --- this is from current employment where you are working now
2) Employment offer letter. ---- this is from the future employer who filed your PERM
Please check with others before you comment on my words.
I dont know why its wrong for you. sounds very logical to me. Dont bring in the discussion of unnecessary current employment verification. The letter has to state that the employer is willing to hire him as a future employee. NOT RIGHT NOW. So the title has to be the title stated in the PERM/Labor Cert
Do you know what letters you want for filing I-485 for yourself and spouse?
If not, here it is. Employer needs to give 2 letters,
1) Employment verification letter --- this is from current employment where you are working now
2) Employment offer letter. ---- this is from the future employer who filed your PERM
Please check with others before you comment on my words.
a1b2c3
07-10 05:17 PM
my PD is still not current :p
Just kidding..glad to see the dates move fwd.
Just kidding..glad to see the dates move fwd.
GKBest
08-23 11:23 AM
This has been bugging me for a while now. I applied for I-485 in July 2007.
I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.
Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.
I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.
Any thoughts.
Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.
I want to be proactive and get other documents ready if that is what it'll take.
USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.
I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.
Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.
I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.
Any thoughts.
Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.
I want to be proactive and get other documents ready if that is what it'll take.
USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.
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