calvinhobbes
01-22 06:30 PM
Thank You IV core group for the great work you guys are doing. We are always with you and we support you.
Thank you so much once again!!
Thank you so much once again!!
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lacrossegc
09-23 11:40 AM
You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
msyedy
12-13 11:59 AM
Well people say that a) Dem should talk about CIR too.
b) CIR seems dead.. No relief. c) Tracking down illegals.
1) If they start tracking down illegals and only enforce these strict loose
and local forces also help them, they can deport these illegals.
(True but this is a never ending process).
2) If they don't bring CIR now and just forget about it.(More illegals are comming in every day -- Experts do say Border Fense can never stop them).
3) American needs people like these to work in the factories and farms.
(How can this need be fullfilled-- make a program to bring them in legally
-- This is guest worker program)
4) According to the new CIR - illegals will be paying back taxes before taking the first step to citizenship.
................ Legalization is a benefit to the economy.............
pray
b) CIR seems dead.. No relief. c) Tracking down illegals.
1) If they start tracking down illegals and only enforce these strict loose
and local forces also help them, they can deport these illegals.
(True but this is a never ending process).
2) If they don't bring CIR now and just forget about it.(More illegals are comming in every day -- Experts do say Border Fense can never stop them).
3) American needs people like these to work in the factories and farms.
(How can this need be fullfilled-- make a program to bring them in legally
-- This is guest worker program)
4) According to the new CIR - illegals will be paying back taxes before taking the first step to citizenship.
................ Legalization is a benefit to the economy.............
pray
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snathan
11-28 12:00 AM
Thanks for your reply. Since I won't be working for Company A, so I have to tell them the situation. If Company A is willing to keep my H1B with them active, until Company B gets my H1B approved, you think that will be OK for me?
I am not sure, I can use a H1B transfer, from Company A to Company B, since I never work for Company A, so I do not have a pay check from Company A. Would this be an obstacle for me to transfer my H1B from Company A to B?
I appreciate your help!
I dont think the H1B from company A and company B are related. Since you are on OPT which is a valid status, you may not need the H1B from company A. Moreover there is nothing called transfer. Every time its new H1B only you wont be calculated against the cap if you are already in H1B.
Also you dont need to join the company A and technically they can have the H1 valid and need not cancel it. Means you can have multiple H1 valid at the same time. But there are restrictions how many pay roll can run.
Simply, just leave the company A's H1 intact. Once your Company B is approved you can tell them or work for one month and leave company A.
I am not sure, I can use a H1B transfer, from Company A to Company B, since I never work for Company A, so I do not have a pay check from Company A. Would this be an obstacle for me to transfer my H1B from Company A to B?
I appreciate your help!
I dont think the H1B from company A and company B are related. Since you are on OPT which is a valid status, you may not need the H1B from company A. Moreover there is nothing called transfer. Every time its new H1B only you wont be calculated against the cap if you are already in H1B.
Also you dont need to join the company A and technically they can have the H1 valid and need not cancel it. Means you can have multiple H1 valid at the same time. But there are restrictions how many pay roll can run.
Simply, just leave the company A's H1 intact. Once your Company B is approved you can tell them or work for one month and leave company A.
more...
byeusa
07-12 11:42 AM
Tancredo Announces 'Overdue' Immigration Reform
http://www.cnsnews.com/ViewPolitics.asp?Page=/Politics/archive/200707/POL20070712b.html, By Nathan Burchfiel, CNSNews.com Staff Writer, July 12, 2007
(CNSNews.com) - Rep. Tom Tancredo (R-Colo.) on Wednesday announced plans to introduce legislation that would overhaul the U.S. immigration system by placing tighter restrictions on legal immigration and increasing pressure on illegal immigrants currently in the country to leave.
Full article posted at http://immigrationvoice.org/forum/showthread.php?t=4805&page=47
Can it get any worse for LEGALS in this country than what it is Mr Tancredo? Any attempt by you will only get things better as we are at the bottom as it relates to LEGAL Immigrant miseries.
http://www.cnsnews.com/ViewPolitics.asp?Page=/Politics/archive/200707/POL20070712b.html, By Nathan Burchfiel, CNSNews.com Staff Writer, July 12, 2007
(CNSNews.com) - Rep. Tom Tancredo (R-Colo.) on Wednesday announced plans to introduce legislation that would overhaul the U.S. immigration system by placing tighter restrictions on legal immigration and increasing pressure on illegal immigrants currently in the country to leave.
Full article posted at http://immigrationvoice.org/forum/showthread.php?t=4805&page=47
Can it get any worse for LEGALS in this country than what it is Mr Tancredo? Any attempt by you will only get things better as we are at the bottom as it relates to LEGAL Immigrant miseries.
gc_chahiye
04-20 01:06 AM
Hope this answers your question.
wow! that was such a great description of all the events. Very nice! thanks a lot.
To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!
wow! that was such a great description of all the events. Very nice! thanks a lot.
To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!
more...
singhsa3
07-26 02:00 PM
Folks,
I can't attend as I am in NJ but if money is the issue then I will paypal you $25 (Seriously!). But please do show your support and talk to this good senator
PM me with your e-mail and phone number and I will reimuburse for upto 2-4 people (Not husband and wife and must be a senior IV member in good standing, registered at least 5 months ago).
Thanks
SENATOR CORNYN IS THE CHAIR OF THE INDIA CAUCUS IN THE U.S. SENATE
WHO: U.S. Senator John Cornyn of Texas
WHEN: Thursday,August 9,
Lunch: 11:30 a.m.
Speech: 12:30 p.m.
WHERE: Lakeway Inn, New Glass Ballroom
SPONSOR: Rotary Club/Lakeway
Lake Travis
COST: $250 per table of 10,
or $25 per individual
RESERVATIONS: MANDATORY!
10 Tables are being reserved
for Rotary & Guests
20 Table reservations will
be taken and must be paid for
by July 27, 2007!
CONTACT: To make table reservations
Doug Lindgren at 261-0086
OR
Renee Verhoff-Matta at 261-5984
I am trying to get a seat. Can some one else also try to reserve some seats may be a table, ( Money will be divided by the attendees).We would be able to put across the issues of " Unused Visa" and " h1b Increase" and about solving the issues of GC backlog. Ping me a pvt message. We all can meet and discuss , on how to go ahead. Let's meet together before meeting Cornyn.
I can't attend as I am in NJ but if money is the issue then I will paypal you $25 (Seriously!). But please do show your support and talk to this good senator
PM me with your e-mail and phone number and I will reimuburse for upto 2-4 people (Not husband and wife and must be a senior IV member in good standing, registered at least 5 months ago).
Thanks
SENATOR CORNYN IS THE CHAIR OF THE INDIA CAUCUS IN THE U.S. SENATE
WHO: U.S. Senator John Cornyn of Texas
WHEN: Thursday,August 9,
Lunch: 11:30 a.m.
Speech: 12:30 p.m.
WHERE: Lakeway Inn, New Glass Ballroom
SPONSOR: Rotary Club/Lakeway
Lake Travis
COST: $250 per table of 10,
or $25 per individual
RESERVATIONS: MANDATORY!
10 Tables are being reserved
for Rotary & Guests
20 Table reservations will
be taken and must be paid for
by July 27, 2007!
CONTACT: To make table reservations
Doug Lindgren at 261-0086
OR
Renee Verhoff-Matta at 261-5984
I am trying to get a seat. Can some one else also try to reserve some seats may be a table, ( Money will be divided by the attendees).We would be able to put across the issues of " Unused Visa" and " h1b Increase" and about solving the issues of GC backlog. Ping me a pvt message. We all can meet and discuss , on how to go ahead. Let's meet together before meeting Cornyn.
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bekugc
07-14 11:06 AM
can2004;
Go online, change ur address on record with INS/DHS and also for any pending INS petition u have curently.
dont have any fears like "oh if i change now will it screw up my on going...". nothing -ve will happen. worst ive heard is - something gets returned back to INS, you make a phone call and remind bout address change u have already done, and in 2 weeks they resend the doc to new address.
its the law, and they have made it damn easy for u to follow; so just do it.
if u want example - i myself moved 20 days ago, did online addr change. i had applied for ead renewal in may, INS sent ead card to my new address only...so the system works...i also know 3 other 485 cases where address chg was done, they had no prob receivng GC at the new addresses, no -ve affect.
thanks
Go online, change ur address on record with INS/DHS and also for any pending INS petition u have curently.
dont have any fears like "oh if i change now will it screw up my on going...". nothing -ve will happen. worst ive heard is - something gets returned back to INS, you make a phone call and remind bout address change u have already done, and in 2 weeks they resend the doc to new address.
its the law, and they have made it damn easy for u to follow; so just do it.
if u want example - i myself moved 20 days ago, did online addr change. i had applied for ead renewal in may, INS sent ead card to my new address only...so the system works...i also know 3 other 485 cases where address chg was done, they had no prob receivng GC at the new addresses, no -ve affect.
thanks
more...
seahawks
10-30 08:58 PM
Calling all Washingtonians.. please make it a point to attend the meet and greet event!
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amitjoey
07-05 12:24 PM
Yes, I agree that AILF is taking care of the lawsuit and it will run its own course. Talking to senators and sending them email and letters will help, but more than that it is the media that we need to focus. Please all help out with the media drive, send emails and letters to media.
more...
sanbaj
06-13 10:47 AM
Hi All,
We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?
Please help us with any suggestions.
Thanking you all.
I am very sorry for your situation. I hope it doesn't happen to anybody else.
The right thing to do would be to first report the robbery to Police, which you must have done. Get a copy of that report and get with your attorney or another competent attorney to how to tell USCIS that you have lost your Green card due to Robbery. You can also call USCIS CS number to find out what steps you have to follow in a case like this.
I am no lawyer, so get with a competent lawyer ASAP and get this fixed.
Best of Luck.
We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?
Please help us with any suggestions.
Thanking you all.
I am very sorry for your situation. I hope it doesn't happen to anybody else.
The right thing to do would be to first report the robbery to Police, which you must have done. Get a copy of that report and get with your attorney or another competent attorney to how to tell USCIS that you have lost your Green card due to Robbery. You can also call USCIS CS number to find out what steps you have to follow in a case like this.
I am no lawyer, so get with a competent lawyer ASAP and get this fixed.
Best of Luck.
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authrd
07-26 01:25 PM
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
more...
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kirupa
04-25 09:29 PM
The green one looks nice now :)
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abdulazeez77
08-14 06:06 AM
On reading my last post again, I don't think it is very clear. Let me try to explain again. When my wife comes back into the country, she needs to get a new I-94 at the port of entry. One of my friends mentioned that there is a possibility that the officer could mistakenly stamp the date on the new I-94 card as the same as on my wife's visa stamping (Dec 2007 as per my prior employer). In order to avoid this, should my wife pre-emptively submit her passport as well as transferred I-797 and I-539 and request the officer to stamp the new dates on the I-94 (Dec 2009)? Please advise.
Regards,
Azeez
Regards,
Azeez
more...
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abhay
01-20 09:16 AM
Thanks Ann for responding.
RFE was for I-485, Priority date is Aug 2006. I-140 is approved.
RFE was asking to show that I was in valid visa status between 1997 and 2000, but surprisingly, I came to US only in 2000 that too on 2 business VISAs so I never worked in US until 2001. My Lawyer sent an affdavit stating that I was not in US between 1997 and 2000 and I was on business VISA on two occasions in 2000, also letter said that if they wanted we could send them the copies of stampings on the passport.
Thanks again.
RFE was for I-485, Priority date is Aug 2006. I-140 is approved.
RFE was asking to show that I was in valid visa status between 1997 and 2000, but surprisingly, I came to US only in 2000 that too on 2 business VISAs so I never worked in US until 2001. My Lawyer sent an affdavit stating that I was not in US between 1997 and 2000 and I was on business VISA on two occasions in 2000, also letter said that if they wanted we could send them the copies of stampings on the passport.
Thanks again.
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gcnirvana
04-20 11:29 AM
I am not sure about the voting schedule but the immigration bill will be debated in the Senate during the last two weeks of May.
I read this in USA Today:
Senate Majority Leader Harry Reid, D-Nev., has set aside the last two weeks of May for debate on an immigration bill; House Democrats hope to act before the August recess.
--------
I read this in USA Today:
Senate Majority Leader Harry Reid, D-Nev., has set aside the last two weeks of May for debate on an immigration bill; House Democrats hope to act before the August recess.
--------
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abracadabra
07-06 12:51 PM
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/07/05/DI2007070500813.html
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Raj Iyer
09-13 12:45 PM
No., you do npot qualify for EB-2 Unless you do a 3 years MAsters from India or a 2 yrs Masters from a U.S. intitution.
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dilbert_cal
03-29 11:19 PM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -
I'm not a lawyer - so dont know much about legalities - but this is a common practise nowadays - filing multiple labor petitions for the same person does happen - I believe it certainly is possible that you can go forward provided and thats very important - provided your company is willing to cooperate. It can always happen that they had job 'X' initially but later on the requirements changed which created job 'Y'. Now, you are overqualified for 'Y' as X's qualitifications were greater than Y but that doesnt stop you from applying for or to be considered for job 'Y'. There are folks who have 10 years of experience and their labor is for 2 or 3 years of experience. Certainly doesnt look like fraud to me - of course, if your company wants you to be stuck - you dont have much choices. I've known another instance where the company claimed it may be fraud and on something that they had proposed to do all along - things did sort out finally but its a long story :-)
If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -
I'm not a lawyer - so dont know much about legalities - but this is a common practise nowadays - filing multiple labor petitions for the same person does happen - I believe it certainly is possible that you can go forward provided and thats very important - provided your company is willing to cooperate. It can always happen that they had job 'X' initially but later on the requirements changed which created job 'Y'. Now, you are overqualified for 'Y' as X's qualitifications were greater than Y but that doesnt stop you from applying for or to be considered for job 'Y'. There are folks who have 10 years of experience and their labor is for 2 or 3 years of experience. Certainly doesnt look like fraud to me - of course, if your company wants you to be stuck - you dont have much choices. I've known another instance where the company claimed it may be fraud and on something that they had proposed to do all along - things did sort out finally but its a long story :-)
mariner5555
01-08 01:55 PM
well but one day or the other you have to change it. it is easy to change on SSN ..is it easy to change on EAD and 485 ?
chi_shark
06-17 12:54 PM
Chi_shark for your response.
According to my lawyer, I can go on vacation (paid or unpaid) during the gap.
Thanks
thats good... thanks for the update, i would not mind going on a 7 day vacation myself if i come to your situation... enjoy yours.
According to my lawyer, I can go on vacation (paid or unpaid) during the gap.
Thanks
thats good... thanks for the update, i would not mind going on a 7 day vacation myself if i come to your situation... enjoy yours.