redgreen
04-23 07:35 PM
You can and for that matter anybody can ask any question and hopefully anybody can answer as well! However if anybody can be of any help, that person should know the problem at least partially. Your query was so incomplete so that anybody can give any helpful answer or make any useful remark, other than saying please calm yourslef, wait for the RFE and we will help you take care of it!!.
(However if you just wanted to get the number of people who came across a situation where their 3 year old got an RFE (?) after their GC got approved, you question is making sense but for most normal people this is too little information to help you, in any way!)
Who said anything about a 10 year old boy? Correct me if im wrong but this is a public forum and I can ask whatever question I want to ask. Its up to you if you want to answer it. All i asked was if anyone had come across this situation, if you haven't and you don't have a constructive opinion id rather you kept your snide remarks to yourself.
(However if you just wanted to get the number of people who came across a situation where their 3 year old got an RFE (?) after their GC got approved, you question is making sense but for most normal people this is too little information to help you, in any way!)
Who said anything about a 10 year old boy? Correct me if im wrong but this is a public forum and I can ask whatever question I want to ask. Its up to you if you want to answer it. All i asked was if anyone had come across this situation, if you haven't and you don't have a constructive opinion id rather you kept your snide remarks to yourself.
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rockstart
04-16 01:52 PM
You can appeal the decision and other stuff to get temporary repreive. But its your decision. Say if your GC gets denied for criminal past or for failing one of the rules set up then whether you are on AOS or H1-B it is pretty much end of story for you. The only advantage you have being in H1 is you get time to wrap up your stuff in US leasurely till your H1 is valid because I am sure by the time your GC is denied you will also have exhausted your 6 years on H1 and so your next H1 extension will also get denied. There is nothing you can do in case of criminal past to negate it. If AOS is denied for 140 related issues yes there is a second chance. But the decision is entirely yours
student79
04-21 01:19 PM
We are doing COS here only.
your H4 will not impact even if any case your F1 denied, you will be still safe and remain on H4 only.
your H4 will not impact even if any case your F1 denied, you will be still safe and remain on H4 only.
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tdasara
11-20 12:57 AM
How long does it take for DATV (UK Transit Visa) to be approved? I'll be mailing my biometrics and application early next week and travel just before Christmas.
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raamskl
07-04 03:38 PM
Attorney Murthy referred to few cases (I think she said 3) that went thru her law firm, which got approved on the last week of June and also on July 2nd. She said both her client (who were pleasently surprised, good for them) and the law firm were surprised as the dates were not current in June and also not in July due to revised VB.
She mentioned it in the context of lot of crazy things that is happening in USCIS and questioned the 60,000 cases that are being claimed to have been approved in under a month. All these bizarre happenings would get questioned and hopefully explained in the litigation.
Join the litigation was the big message in the conference call today.
Good Luck.
She mentioned it in the context of lot of crazy things that is happening in USCIS and questioned the 60,000 cases that are being claimed to have been approved in under a month. All these bizarre happenings would get questioned and hopefully explained in the litigation.
Join the litigation was the big message in the conference call today.
Good Luck.
rockstart
05-28 10:11 AM
field 11 (have you previously applied for EAD ) there is a column called
"Which USCIS Office" "Date(s)" can some tell me what needs to be filled there? mine was texas center filing.
Also section 16 Eligiblity code is it (c) (9) for both primary applicant as well as spouse (derivative) or different.
Does some one have a mockup sample they can share with others?
"Which USCIS Office" "Date(s)" can some tell me what needs to be filled there? mine was texas center filing.
Also section 16 Eligiblity code is it (c) (9) for both primary applicant as well as spouse (derivative) or different.
Does some one have a mockup sample they can share with others?
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getta05
03-27 01:33 PM
I have not started the process as yet. Bust basically I am going thru a Franchise Corp to do my application at present. But have kept the option open to buy one outright in a good neigborhood.
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Kevin Sadler
September 7th, 2006, 08:40 AM
antonio, arte verdade outro vez. obrigado.
jeff, you can shoot the scene in raw and "develop" several images at the exposure that you want (0, +1, -1, etc) in your raw converter. that way you can guarantee that they'll line up. PS also has a pin register feature that will snap the images into place as you create the layers. combine those two methods and it's really fast. i use that often for action shots where there is no opportunity for in camera bracketing. good luck. later, kevin
jeff, you can shoot the scene in raw and "develop" several images at the exposure that you want (0, +1, -1, etc) in your raw converter. that way you can guarantee that they'll line up. PS also has a pin register feature that will snap the images into place as you create the layers. combine those two methods and it's really fast. i use that often for action shots where there is no opportunity for in camera bracketing. good luck. later, kevin
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alterego
06-26 07:28 PM
You do not always have a LUD on your 485 when your EAD/AP is processed. I have had 4 such applications so far, my wife likewise. Once, out of these 8 times(Collectively for both of us) there was an LUD and subsequently an easily cleared up RFE(about current job) for me.
LUDs on 485 are more frequent when you are about to get biometrics notice or when they are processing your file or before your petition is approved.
LUDs on 485 are more frequent when you are about to get biometrics notice or when they are processing your file or before your petition is approved.
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alien2006
08-08 08:21 AM
Location: MA
Job: Software Engineer-Developer
Thanks for the reply.
Job: Software Engineer-Developer
Thanks for the reply.
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Robert Kumar
01-26 07:10 AM
Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.
Good luck!
I too think requesting the employer to take the action, with their lawyer. If they are good, and with no issues, they must initiate this and fix it,
but if they are not good, they may withdraw at this point and may feel "lets not get into more headaches"... in which case you may not pursue further.
I can imagine how it feels, belv me, yet, keep looking and dont give up
Good luck!
I too think requesting the employer to take the action, with their lawyer. If they are good, and with no issues, they must initiate this and fix it,
but if they are not good, they may withdraw at this point and may feel "lets not get into more headaches"... in which case you may not pursue further.
I can imagine how it feels, belv me, yet, keep looking and dont give up
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smartboy75
10-17 03:22 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
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thesparky007
04-21 08:01 PM
no word from k-man?
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perm2gc
09-07 09:41 AM
Dont Advertise on the board and we are not doing call center jobs here to learn american accent.
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wandmaker
02-18 01:08 PM
Thanks for the quick reply, Krishna. I would infact get paid in INR in an Indian account. But what do we do when we file our taxes? When my husband files as "married filed jointly", do we declare this income? Do you have any inputs on that.
I assume, You will have to report the income earned through foreign sources only if you are not paying taxes overseas. To get a better clarification, just consult a CPA
I assume, You will have to report the income earned through foreign sources only if you are not paying taxes overseas. To get a better clarification, just consult a CPA
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kghoshal
02-11 06:54 PM
Best way will be to contact old lawyer and try to join old emloyer what I think
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americandesi
03-13 05:34 PM
This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.
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sparklinks
10-30 02:48 PM
Hi,
I recieved my EAD card recently and noticed that the date of birth on the card is not correct(I filled the application incorrectly the montha day got swapped),can you please suggest on what i have to do to correct the date on the card.
Infopass or calling USCIS wont help anything, you have to send that card with new form(forgot form#) along with orginal EAD card.
I recieved my EAD card recently and noticed that the date of birth on the card is not correct(I filled the application incorrectly the montha day got swapped),can you please suggest on what i have to do to correct the date on the card.
Infopass or calling USCIS wont help anything, you have to send that card with new form(forgot form#) along with orginal EAD card.
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we_can
01-02 04:30 PM
After the renewal, I got a passport with a new passport number (the old passport is still there stapled with the new one).
My labor and H1B all have the old #. Is there a need to do anything with the new passport number wrt to my existing H1 and labor and such?
My labor and H1B all have the old #. Is there a need to do anything with the new passport number wrt to my existing H1 and labor and such?
kothuri
06-10 10:53 AM
I understand your situation. My employee had an issue and I applied Nunc pro Tunc based on advise from my lawyer. We applied H1B for her but unfortunately applied consular processing for which she had to go out of the country to get an I94 and we didnt know about it and she continued working in the country for 5 months at which point she realized what had happened. She was technically out of status because she was not supposed to work.
Lawyer suggested that we apply Nunc Pro Tunc which we did and it was a breeze. The approval came in and there were no issues. Now I can't guarantee that it would be a breeze for you though I can only hope.
Since your GC is tied to it I was suggesting that you go through a lawyer a good one and it will improve u r chances.
Lawyer suggested that we apply Nunc Pro Tunc which we did and it was a breeze. The approval came in and there were no issues. Now I can't guarantee that it would be a breeze for you though I can only hope.
Since your GC is tied to it I was suggesting that you go through a lawyer a good one and it will improve u r chances.
texasguy
06-21 04:04 PM
Hi All,
We took an infopass appointment at the Local USCIS office to get a temporary proof of our permanent residency status. Can anyone suggest us what documents to show ?
As I understand we need to show passport , driver's license,485 approval notice, police report and I-90 application.
Is there anything else that we need to show?
Thank you all for your suggestions.
We took an infopass appointment at the Local USCIS office to get a temporary proof of our permanent residency status. Can anyone suggest us what documents to show ?
As I understand we need to show passport , driver's license,485 approval notice, police report and I-90 application.
Is there anything else that we need to show?
Thank you all for your suggestions.
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