chunky
07-27 09:45 AM
But the questions is will her 485 application abandoned if she applied for H4 in consulate.
I heard 485 is abandoned if you change status and come to US without AP.
Thanks
she can apply for H4 when you visit India, as long as you maintain H1. she does not have to wait for H4 COs to be approved. In fact she does not have to file for one.
The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.
If the case had been different, she was applying for H1 then she would have needed an approved petition first.
I heard 485 is abandoned if you change status and come to US without AP.
Thanks
she can apply for H4 when you visit India, as long as you maintain H1. she does not have to wait for H4 COs to be approved. In fact she does not have to file for one.
The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.
If the case had been different, she was applying for H1 then she would have needed an approved petition first.
wallpaper graffiti letters alphabet.
pradeep_s
12-20 09:17 AM
Thanks perm2gc!
Can you please tell me what you mean by labor. Is it the I-797 Notice of action (approval notice) for H1b, and letter from my current employer stating my current job status?
Thank you,
pradeep
Can you please tell me what you mean by labor. Is it the I-797 Notice of action (approval notice) for H1b, and letter from my current employer stating my current job status?
Thank you,
pradeep
Canadianindian
07-24 06:34 AM
You folks can apply for a Canadian immigration for yourself. It would take atleast 6 months. While she can live on Canadian bording city such as Windsor, and you can work in Detroit, MI. Detroit and Windsor are about 2 miles from each other, and I know many ppl who live in Windsro and work in Detroit.
2011 Alphabet Graffiti
moe
02-11 10:35 AM
thank you for repply.i try to stay legal here much as everybody but sistem work slow and put me out only for 3 monts. since then i fight to get my statu back .and i will get it back soon or letter.
thank you for tread me like humanbean.
Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
Anyway, you cannot use your lottery case as that visa number expired back in 03.
and for others people here..
one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
i hope you guys get you gc soon..
no more post for me .goodby
thank you for tread me like humanbean.
Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
Anyway, you cannot use your lottery case as that visa number expired back in 03.
and for others people here..
one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
i hope you guys get you gc soon..
no more post for me .goodby
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rajivkane
05-21 09:52 AM
HI!
I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?
Some more :
Murhy.com has following:
"However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"
Some of the questions based on above:
(1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
(2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
(3)Why only NSC requires this? Is this law or someone's whim?
(4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.
Please guide.
Regards,
Raj
I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?
Some more :
Murhy.com has following:
"However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"
Some of the questions based on above:
(1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
(2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
(3)Why only NSC requires this? Is this law or someone's whim?
(4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.
Please guide.
Regards,
Raj
immilaw
09-22 11:33 AM
Exactly! disable free preview of forums to guests. That will propel the number of members. Even anti immigration folks will count towards the number as it will become inevitable for them to register.
I think the free preview should be limited to 2-3 messages after which they should be asked to register as a member.
I think the free preview should be limited to 2-3 messages after which they should be asked to register as a member.
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conchshell
07-12 02:51 PM
RNGC, nice writeup but if (yes if) we want to take the lawsuite route, first we need to identify all those grounds on which we can file the law suite. Afterwards we need to get those grounds validated by an attorney who specializes in filing these types of law suite (not the usual immigration attorneys). Usually a law suite is considered a last resort, but there is no harm in preparing for it. Why don't you take a leadership role on this front?
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pappu
05-29 07:28 PM
AVS channel has an indian program every saturday starting 10am -12.00pm
I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.
If some one has contacts at AVS may be IV could get more coverage.
Thinking out loud..
Thanks. could you please get in touch with them and seek their help. If you get a positive response and they are interested, let us know and we will pursue it further. thanks
I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.
If some one has contacts at AVS may be IV could get more coverage.
Thinking out loud..
Thanks. could you please get in touch with them and seek their help. If you get a positive response and they are interested, let us know and we will pursue it further. thanks
more...
naturopathicpt
06-29 04:53 PM
Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
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lj_rr
09-01 04:21 PM
Thanks gcwanted101.
So it looks like G639 is only for requests to USCIS and not for DOL.
Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.
Hey lj_rr
"Also for the labor copy, should the request be sent to USCIS or DOL?"
For Labor : you have to send request to DOL.
For 140 : you have to send request to USCIS.
So it looks like G639 is only for requests to USCIS and not for DOL.
Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.
Hey lj_rr
"Also for the labor copy, should the request be sent to USCIS or DOL?"
For Labor : you have to send request to DOL.
For 140 : you have to send request to USCIS.
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thescadaman
09-28 06:39 PM
Folks,
My wife's first name has been misspelled on the Finger Printing notice as well as the I-485. My lawyer has advised me to reschedule the FP so as we can ask USCIS for the correction.
I was wondering if any of you guys ran into the same issue and went for the finger printing anyways.
If yes, please share your experience.
Thanks,
Aup
Same situation. I had a mispelled last name on my I-485 and fp notice. I called the USCIS number mentioned in the Notice. It clearly says, if you find any error then call us at .... number. You need to call them and tell them about the Typo. They will then give you a tracking number for the typo correction request. The USCIS support said that I can carry that typo correction request tracking number and my mispelled fp notice and photo id and everything should be fine. You can confirm that too by callling USCIS. I don't think you need to reschedule fp appointments.
Please post what did USCIS tell you when you call them to fix your typo.
My wife's first name has been misspelled on the Finger Printing notice as well as the I-485. My lawyer has advised me to reschedule the FP so as we can ask USCIS for the correction.
I was wondering if any of you guys ran into the same issue and went for the finger printing anyways.
If yes, please share your experience.
Thanks,
Aup
Same situation. I had a mispelled last name on my I-485 and fp notice. I called the USCIS number mentioned in the Notice. It clearly says, if you find any error then call us at .... number. You need to call them and tell them about the Typo. They will then give you a tracking number for the typo correction request. The USCIS support said that I can carry that typo correction request tracking number and my mispelled fp notice and photo id and everything should be fine. You can confirm that too by callling USCIS. I don't think you need to reschedule fp appointments.
Please post what did USCIS tell you when you call them to fix your typo.
hot 3D Graffiti Alphabet Letters
milind70
07-27 11:01 AM
I would file for 485, but maintain my H1, and bring her here on H4. A PD of EB3-March-2005 is not going to get current anytime soon, I would not miss out on the option to use AC21 to switch jobs...
He cant use AC21 as he will lose his H1 status and his wife will out of status.
He would be advised to keep his H1 status all the way till he gets his green card or till his wife is able to apply for 485.
He cant use AC21 as he will lose his H1 status and his wife will out of status.
He would be advised to keep his H1 status all the way till he gets his green card or till his wife is able to apply for 485.
more...
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sandy_anand
01-24 09:38 AM
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
tattoo Letter A-Z : Alphabet Graffiti
rolrblade
07-27 10:35 AM
Guys�
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
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pcs
01-04 08:09 AM
Many of us can not watch it for valid reasons..
Youtube will be great ... send the link...
Greatjob...
Youtube will be great ... send the link...
Greatjob...
dresses Alphabet Graffiti Black Book
ar7165
07-20 02:57 PM
Sorry, I mistakenly wrote earlier that my I-485 is approved. It is not. It is at pending status. That's why I was wondering if I'm eligible to apply for Unemployement benefit.
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gantilk
04-27 11:26 PM
Thanks Desertfox. Did you send any supporting documents. there were contradicting opinions on whether to send or not send any additional documentation after e-filing EAD. Please let us know what you sent or not sent?
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LegalIndianInUSA
09-11 01:38 PM
a) When did you receive the AOS receipts?
not yet received. July 2nd filer
b) When did you hear about the fingerprinting and how?
mail from USCIS with a form I797c(notice of action) to go do FP
c) When are you expecting EAD or if you have received it, how long did it take?
not yet received
not yet received. July 2nd filer
b) When did you hear about the fingerprinting and how?
mail from USCIS with a form I797c(notice of action) to go do FP
c) When are you expecting EAD or if you have received it, how long did it take?
not yet received
hairstyles Graffiti Alphabet Sketches AZ
gcisadawg
02-02 12:56 AM
dude, I believe the above proposed law is tailored beautifully for illegal immigrants. It mentions about continuous presence but no word on 'legal' continuous presence! Also seems like the 'criminal offense' in US doesnt take into account the very first one, the act of entering illegally!
ivrox
01-29 03:31 PM
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
Yep, any qualified person can notice his inability/unwillingness !
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
Yep, any qualified person can notice his inability/unwillingness !
apb
08-17 10:03 PM
See all of you in rally !.
And you will there with your friend...//wink.. correct.
And you will there with your friend...//wink.. correct.
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