a1b2c3
08-05 11:51 AM
it was pending..pls check the PM I sent you.
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LongJourny
01-20 07:25 PM
Is it ok to mention the last date of my previous employment at august 23rd. The employment letter I receive from company A states the same. Last time I got my H1 visa stamped using same information. However, this time I am going to a different consulate and not sure what could be the out come. I also have advance parole with me. If worst happens can I use advance parole?
MARY_GC
08-24 06:52 PM
I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
Thanks for ur information.I had 2 more doubts.
1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
Thanks for ur information.I had 2 more doubts.
1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.
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Munna Bhai
10-15 01:44 PM
Hello Friends,
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
Two letter answer to your question: NO, once you use EAD(full time or part-time), you loose H1b status.
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
Two letter answer to your question: NO, once you use EAD(full time or part-time), you loose H1b status.
more...
Robert Kumar
01-03 10:46 AM
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
san3297
09-02 09:17 AM
I went to border and security deffered inspection site at Raliegh NC from this url
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
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eucalyptus.mp
02-18 03:46 PM
Thanks Pritam , can u give me u r email id so that i can share resume
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raysaikat
05-07 11:10 AM
Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).
In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).
In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.
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anilvt
09-06 12:36 AM
similar thing happened to my friend when he got his green card ...it had some women picture on it ...he called them and told to return the GC and they attach his picture on it ....
take it easy change the title to wrong pic on AP ...blunder is very emotional word
take it easy change the title to wrong pic on AP ...blunder is very emotional word
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lostinbeta
10-04 12:12 AM
Oh yeah "layer 1" just refers to the layer with the original shape and "layer 2" just refers to the layer with the fill. They assume you aren't giving names to your layers which is why they have it in quotes.
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BadDeal
05-20 05:02 PM
Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Hello,
I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.
Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?
Thanks!
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Hello,
I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.
Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?
Thanks!
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andy garcia
08-14 03:27 PM
Any cuban sets foot on US land is allowed to stay legally.
Law number 89, known as the Cuban Adjustment act, was adopted by the US congress on the 2nd of November of 1966, under the Lyndon Johnson administration. It's main provisions was to change the legal status of the Cuban immigrants; to treat them as political refugees and to grant them political asylum; and as such provide them immediately with privileges that no other group enjoys, such as, automatic permanent residence status - all without review and without the usual waiting time.
This privileged law affords the Cuban illegal immigrant the opportunity, to work legally, to govt. welfare, to unemployment benefits, and to free medical care, things that the average immigrant by no means is entitled to.
andy
Law number 89, known as the Cuban Adjustment act, was adopted by the US congress on the 2nd of November of 1966, under the Lyndon Johnson administration. It's main provisions was to change the legal status of the Cuban immigrants; to treat them as political refugees and to grant them political asylum; and as such provide them immediately with privileges that no other group enjoys, such as, automatic permanent residence status - all without review and without the usual waiting time.
This privileged law affords the Cuban illegal immigrant the opportunity, to work legally, to govt. welfare, to unemployment benefits, and to free medical care, things that the average immigrant by no means is entitled to.
andy
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WeShallOvercome
07-23 04:51 PM
well if u dont have receipt hance no EAD/AP, you are at their mercy forever.
not forever !!!!!!
What if I change employer after 180 days and sign a new G-28 either removing that lawyer or signing for a new lawyer?
If they could keep us at their mercy FOREVER, what is AC21 for ?
not forever !!!!!!
What if I change employer after 180 days and sign a new G-28 either removing that lawyer or signing for a new lawyer?
If they could keep us at their mercy FOREVER, what is AC21 for ?
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srikondoji
07-02 03:07 PM
One question that comes to my mind regarding contributing for the lawsuit is...
Should i contribute to IV or to my lawyers firm. I believe both ways the funds are going to end up with AILF. Or shud i do part contribution to both these orgs?
I need some answers.
The only way out for me is to contribute and nowhere else to go.
CIR is shut and July has turned back on me.
The only window i can see is through IV now. The sooner we all realize the better for us.
Should i contribute to IV or to my lawyers firm. I believe both ways the funds are going to end up with AILF. Or shud i do part contribution to both these orgs?
I need some answers.
The only way out for me is to contribute and nowhere else to go.
CIR is shut and July has turned back on me.
The only window i can see is through IV now. The sooner we all realize the better for us.
more...
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Lasantha
02-18 12:25 PM
First of all I am sorry to hear this.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
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danonline2110
01-22 02:56 PM
Hello,
I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.
I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)
They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).
I want to be prepared for that scenario with assistance of experts to know where I could go from there.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
I would appreciate any expertise on that matter.
Thanks!
Daniel
I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.
I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)
They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).
I want to be prepared for that scenario with assistance of experts to know where I could go from there.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
I would appreciate any expertise on that matter.
Thanks!
Daniel
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rameshms
06-15 03:10 PM
I have used the 11 I94# on the forms. Also on some forms it mentions that you can us I94#. I too have an A number on my 140 but did not use that.
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srinivas_o
09-16 02:11 PM
Hello Gurus,
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
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zinc
07-17 06:57 PM
Great job Guys...way to go. We can accomplish a lot if we work together.
All the best to all!!!
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All the best to all!!!
Thanks for making a purchase with Google Checkout! Immigration Voice will process your order shortly.
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vadicherla
05-08 12:15 PM
Contribution $25 for this month.
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immi_seeker
09-11 06:21 PM
There has been a understanding that the number of EB cases (EB2+EB3) with PD of 2005 is very less compared to previous years (close to 8000 i believe). If thats the case and assume 2004 cases are cleared why didnt the VB make more advance movements?
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