ItIsNotFunny
03-28 08:08 AM
Hi All,
Found this on murthy site as well as on shusterman website...is this going to add any extra mile to the things we already doing for a while?
-Madhu
Looks like organization is still under construction.
Found this on murthy site as well as on shusterman website...is this going to add any extra mile to the things we already doing for a while?
-Madhu
Looks like organization is still under construction.
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sargon
07-16 10:43 PM
Texas
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications August 23, 2007
Vermont
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications July 24, 2006
Nebraska
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications September 08, 2007
California
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications January 15, 2009
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications August 23, 2007
Vermont
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications July 24, 2006
Nebraska
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications September 08, 2007
California
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications January 15, 2009
LostInGCProcess
09-16 02:53 PM
Quoting INA Sec. 212(a)(6)(C)(i); 8 U.S.C. 1182
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
You can petition for waiver:
Quoting INA Sec. 212(6)(i)
(i) Admission of immigrant inadmissible for fraud or willful misrepresentation of material fact
(1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) of this section in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien or, in the case of an alien granted classification under clause (iii) or (iv) of section 1154 (a)(1)(A) of this title or clause (ii) or (iii) of section 1154 (a)(1)(B) of this title, the alien demonstrates extreme hardship to the alien or the alien�s United States citizen, lawful permanent resident, or qualified alien parent or child.
(2) No court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under paragraph (1).
You must talk to an experienced Immigration attorney as its dealing with misrepresentation.
Good Luck!
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
You can petition for waiver:
Quoting INA Sec. 212(6)(i)
(i) Admission of immigrant inadmissible for fraud or willful misrepresentation of material fact
(1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) of this section in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien or, in the case of an alien granted classification under clause (iii) or (iv) of section 1154 (a)(1)(A) of this title or clause (ii) or (iii) of section 1154 (a)(1)(B) of this title, the alien demonstrates extreme hardship to the alien or the alien�s United States citizen, lawful permanent resident, or qualified alien parent or child.
(2) No court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under paragraph (1).
You must talk to an experienced Immigration attorney as its dealing with misrepresentation.
Good Luck!
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drirshad
07-13 04:25 AM
Yeah we ll have to wait on this one too, no change yet ....
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
more...
tnite
11-07 09:57 AM
Hi,
I am in bit of a situation and trying to sort my options. I got my EAD, last month. Also took care of finger printing and received AP documents also. I 485 was filed in July 07. My I-140 is not yet approved.I am accepted to school in france for one year business course, starting Jan and ending Dec 08. Max I can fly back few times from France to US, for few days (In case there is rule for not staying abroad for more than six months). Plea
I am planning to either
a) Submitmy resignation and leave US by end of Nov 07 OR
b) take Leave of Absence from my firm for 15 months.
Is there a way I can continue my GC processing, factoring that I will be out of states for whole of next year.
Your suggestions are sincerely appreciated
Thanks,
Alp
First of all you need to talk to your emplopyer before you take any decision.What if he revokes the I140.Then when you get back to US you have to start the GC process again.
Why dont you defer your business course for a yr.By that time you're I140 wld be most likely approved and then you wld have passed 180 days.That makes it easy for your GC to process.
I am in bit of a situation and trying to sort my options. I got my EAD, last month. Also took care of finger printing and received AP documents also. I 485 was filed in July 07. My I-140 is not yet approved.I am accepted to school in france for one year business course, starting Jan and ending Dec 08. Max I can fly back few times from France to US, for few days (In case there is rule for not staying abroad for more than six months). Plea
I am planning to either
a) Submitmy resignation and leave US by end of Nov 07 OR
b) take Leave of Absence from my firm for 15 months.
Is there a way I can continue my GC processing, factoring that I will be out of states for whole of next year.
Your suggestions are sincerely appreciated
Thanks,
Alp
First of all you need to talk to your emplopyer before you take any decision.What if he revokes the I140.Then when you get back to US you have to start the GC process again.
Why dont you defer your business course for a yr.By that time you're I140 wld be most likely approved and then you wld have passed 180 days.That makes it easy for your GC to process.
axp817
03-17 05:44 PM
Thanks for the reply.
- A person is on his 5th Year of H1 and his I-485 gets rejected - he can go back to H1 (Since he has 1 year left).
- A person has exhausted his 6 years (May be in his 7th year). Now his I-485 gets rejected - he cannot go back to H1 (Since he has exhausted his 6 years on H1).
Not sure if my understanding is right here
That is correct, scenario 1, atleast to me, seems like a smarter choice, and that is what I have chosen to do.
You can go back on the H-1B if your 485 were to get denied and your appeals (assuming you made any) were to fail, although I am not sure if you need to leave the country and re-enter or if you can adjust status to H-1B without leaving the country.
- A person is on his 5th Year of H1 and his I-485 gets rejected - he can go back to H1 (Since he has 1 year left).
- A person has exhausted his 6 years (May be in his 7th year). Now his I-485 gets rejected - he cannot go back to H1 (Since he has exhausted his 6 years on H1).
Not sure if my understanding is right here
That is correct, scenario 1, atleast to me, seems like a smarter choice, and that is what I have chosen to do.
You can go back on the H-1B if your 485 were to get denied and your appeals (assuming you made any) were to fail, although I am not sure if you need to leave the country and re-enter or if you can adjust status to H-1B without leaving the country.
more...
axp817
03-17 05:44 PM
Thanks for the reply.
- A person is on his 5th Year of H1 and his I-485 gets rejected - he can go back to H1 (Since he has 1 year left).
- A person has exhausted his 6 years (May be in his 7th year). Now his I-485 gets rejected - he cannot go back to H1 (Since he has exhausted his 6 years on H1).
Not sure if my understanding is right here
That is correct, scenario 1, atleast to me, seems like a smarter choice, and that is what I have chosen to do.
You can go back on the H-1B if your 485 were to get denied and your appeals (assuming you made any) were to fail, although I am not sure if you need to leave the country and re-enter or if you can adjust status to H-1B without leaving the country.
- A person is on his 5th Year of H1 and his I-485 gets rejected - he can go back to H1 (Since he has 1 year left).
- A person has exhausted his 6 years (May be in his 7th year). Now his I-485 gets rejected - he cannot go back to H1 (Since he has exhausted his 6 years on H1).
Not sure if my understanding is right here
That is correct, scenario 1, atleast to me, seems like a smarter choice, and that is what I have chosen to do.
You can go back on the H-1B if your 485 were to get denied and your appeals (assuming you made any) were to fail, although I am not sure if you need to leave the country and re-enter or if you can adjust status to H-1B without leaving the country.
2010 education quotes
athanga
12-14 05:18 PM
"So my wife and me are shuttling between India and US to even meet each other. "
Can't you bring her on H4...???
She is on H4 right now, but working in India, so visits when she gets a vacation and I do the same, hence the shuttling :(
Arun
Can't you bring her on H4...???
She is on H4 right now, but working in India, so visits when she gets a vacation and I do the same, hence the shuttling :(
Arun
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485Question
09-21 12:44 PM
Follow my signature.
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bbct
02-15 11:59 AM
Any advise/comments?
My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.
1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?
I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.
1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?
I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
more...
gimme_GC2006
07-19 02:10 PM
even my employer didnt allow us to file saying, if employee files, FBI will get mad thinking it has toxics in it :D :D :D
trust me thats what they told me..dunno what he thinks..:) :)
but the point is I sent my docs to my employer and I didnt include any G-28 in it..which means we signed as we prepared all docs..
Now can they attach G-28 and introduce themselves as representatives and swallow all receipts???
trust me thats what they told me..dunno what he thinks..:) :)
but the point is I sent my docs to my employer and I didnt include any G-28 in it..which means we signed as we prepared all docs..
Now can they attach G-28 and introduce themselves as representatives and swallow all receipts???
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gonecrazyonh4
07-25 11:36 AM
We submitted our EAD application in June first week and we got our card this week, effective from last week of July for the next one year.
Our priority date is October 2006- EB2 and we are not current. So shouldnt we have been issued a 2 year EAD?
Also we gave our finger prints last year (July 2007 filer) but this time too both the EAD cards shows no FP available .
The EAD card of my spouse (he is the primary applicant says signature waived) I still have signature on my EAD card. Anyone else with the card that says signature waived. Previous card had his signature in there.
Our priority date is October 2006- EB2 and we are not current. So shouldnt we have been issued a 2 year EAD?
Also we gave our finger prints last year (July 2007 filer) but this time too both the EAD cards shows no FP available .
The EAD card of my spouse (he is the primary applicant says signature waived) I still have signature on my EAD card. Anyone else with the card that says signature waived. Previous card had his signature in there.
more...
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nk2006
06-14 08:25 PM
The coming back of CIR seems imminent - we need to step up lobbying/calling/faxing/writing. Is IV still have the lobbying firm support? do they have any specific suggestions so EB friendly amendments will be introduced/succeed.
With dates being current I think everyone will say - hey employment based system does not have backlogs why increase their numbers. This priority date movement is so complex its easy to mislead anyone.
With dates being current I think everyone will say - hey employment based system does not have backlogs why increase their numbers. This priority date movement is so complex its easy to mislead anyone.
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Lou_Sifffer
04-17 11:44 PM
ARIZONA CHILD LABOR LAWS
Constitution of the State of Arizona
Article XVIII
Labor
Section 2. Child Labor
In Arizona, no minor, under the age of 14 can be employed in any occupation at any time during school hours, nor shall any child under 16 be employed in underground mines, or in any occupation injurious to health or morals or hazardous to life or limb, nor for more than 8 hours in one day.
23-233. Permissible Hours of Labor for Persons Under the Age of Sixteen
In Arizona, the restrictions on employment pertaining to minors aged 16 and under are:
they may work no more than 40 hours in one week when school is not in session or the person is not enrolled in any session
they may work no more than 18 hours per week when school is in session
they may not work more than 8 hours per day when school is not in session or the person is not enrolled
they may not work more than 3 hours in one day when school is in session
Furthermore, no minor under 16:
shall be employed at night (9:30 p.m. to 6:00 a.m. when school is in session, or 11:00 p.m. to 6:00 a.m. on a day preceding a day when there is no school)
shall work in solicitation sales or deliveries on a door to door basis between 7:00 p.m. and 9:30 p.m. when school is in session, or 7:00 p.m. and 11:30 p.m. on days preceding a non-school day
to really answer your question. :) go to google.
Constitution of the State of Arizona
Article XVIII
Labor
Section 2. Child Labor
In Arizona, no minor, under the age of 14 can be employed in any occupation at any time during school hours, nor shall any child under 16 be employed in underground mines, or in any occupation injurious to health or morals or hazardous to life or limb, nor for more than 8 hours in one day.
23-233. Permissible Hours of Labor for Persons Under the Age of Sixteen
In Arizona, the restrictions on employment pertaining to minors aged 16 and under are:
they may work no more than 40 hours in one week when school is not in session or the person is not enrolled in any session
they may work no more than 18 hours per week when school is in session
they may not work more than 8 hours per day when school is not in session or the person is not enrolled
they may not work more than 3 hours in one day when school is in session
Furthermore, no minor under 16:
shall be employed at night (9:30 p.m. to 6:00 a.m. when school is in session, or 11:00 p.m. to 6:00 a.m. on a day preceding a day when there is no school)
shall work in solicitation sales or deliveries on a door to door basis between 7:00 p.m. and 9:30 p.m. when school is in session, or 7:00 p.m. and 11:30 p.m. on days preceding a non-school day
to really answer your question. :) go to google.
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walking_dude
11-19 11:53 AM
Congrats to Goan2005.
For a lot of others it's a long wait. Unless you used substitution labor to jump the line, increasing the Visa numbers, elimination of country quotas is your only hope. IV is the only organization/movement working for it.
Be part of the movement to get those LUDs in your case. Real status is - 'Case Approved'. Rest all are passe. Work for the real thing.
For a lot of others it's a long wait. Unless you used substitution labor to jump the line, increasing the Visa numbers, elimination of country quotas is your only hope. IV is the only organization/movement working for it.
Be part of the movement to get those LUDs in your case. Real status is - 'Case Approved'. Rest all are passe. Work for the real thing.
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Dj-Studios
06-01 04:55 PM
That's more like it. :P
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sbind_77
10-18 01:47 PM
The time frame depends your infopass location. I went to DC USCIS Service center. I get appointment in 2 weeks.
select option 2 (You are a new Permanent Resident and have not yet received your Permanent Resident Card)
Infopass appointment letter, 485 approval notice and your passport is enough to get the stamp.
It takes hardly 15 mts for me to get the stamping in the passport.
select option 2 (You are a new Permanent Resident and have not yet received your Permanent Resident Card)
Infopass appointment letter, 485 approval notice and your passport is enough to get the stamp.
It takes hardly 15 mts for me to get the stamping in the passport.
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Beemar
03-18 02:07 AM
My company laid me off in one day without thinking a H1B guy has to leave the country immediatley. I asked them to buy my car, furniture and appartment lease as an obligation for fair value. ...
This is important information. Is it really true that a company laying off an H1 employee is under the obligation to buy all his household stuff, car, apartment lease etc.? If this is correct, we must share this information with others. In this economy lots of H1 guys are getting laid off. Many are selling their cars at distress values. They can benefit from this information.
This is important information. Is it really true that a company laying off an H1 employee is under the obligation to buy all his household stuff, car, apartment lease etc.? If this is correct, we must share this information with others. In this economy lots of H1 guys are getting laid off. Many are selling their cars at distress values. They can benefit from this information.
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pappu
08-23 04:41 PM
Q: Does everyone get fingerprinting notice?
A: No. Only those who apply for AOS. :)
A: No. Only those who apply for AOS. :)
voldemar
03-07 04:31 PM
I have similar situation - I applied for 140 in July 2006. My daughter will turn 21 in July 2007. As I have applied for 140 before she turns 21, she is safe for GC, but will loose H4 status when she turns 21. As per my lawyer's advice I have applied for her F1 so that she can stay and continue her studies in US. When I become eligible to apply for 485, she can be included in the application - but, not as a dependent of H1B holder.I urge you to ask for second opinion. From my understanding it depends how long your I-140 was pending.
Here is a part of "The Child Status Protection Act � Memorandum Number 2" by
Johnny N. Williams
http://www.immigration.com/newsletter1/childprotac.pdf
------------------------
Derivative Beneficiaries � Family and Employment-Based
In addition to the direct beneficiary family-based preference category examples provided in the previous memorandum and above, section 3 of the CSPA also applies to derivative beneficiaries in both family-based and employment-based preference categories. Just as with the case of the Form I-130, with an adjustment based upon an approved Form I-140, Immigrant Petition for Alien Worker, [and other immigrant petitions filed under section 204 of the Act for classification under sections 203(a), (b), or (c) of the Act], the beneficiary�s age is to be calculated by first determining the age of the alien on the date that a visa number becomes available. The date that a visa number becomes available is the approval date of the immigrant petition if, according to the DOS Visa Bulletin, a visa number was already available for that preference category on that date of approval. If, upon approval of the immigrant petition, a visa number was not available, then the date for determining age is to be the first day of the month of the DOS Visa Bulletin which indicates availability of a visa for that preference category. From that age, subtract the number of days that the petition was pending, provided the beneficiary files a Form I-485,3 based on the subject petition, within one year of such visa availability. The �period that a petition is pending� for the Form I-140 is the date that the Form I-140 is properly filed (receipt date and not priority date) until the date an approval is issued on the petition.
----------------------------------------
Here is a part of "The Child Status Protection Act � Memorandum Number 2" by
Johnny N. Williams
http://www.immigration.com/newsletter1/childprotac.pdf
------------------------
Derivative Beneficiaries � Family and Employment-Based
In addition to the direct beneficiary family-based preference category examples provided in the previous memorandum and above, section 3 of the CSPA also applies to derivative beneficiaries in both family-based and employment-based preference categories. Just as with the case of the Form I-130, with an adjustment based upon an approved Form I-140, Immigrant Petition for Alien Worker, [and other immigrant petitions filed under section 204 of the Act for classification under sections 203(a), (b), or (c) of the Act], the beneficiary�s age is to be calculated by first determining the age of the alien on the date that a visa number becomes available. The date that a visa number becomes available is the approval date of the immigrant petition if, according to the DOS Visa Bulletin, a visa number was already available for that preference category on that date of approval. If, upon approval of the immigrant petition, a visa number was not available, then the date for determining age is to be the first day of the month of the DOS Visa Bulletin which indicates availability of a visa for that preference category. From that age, subtract the number of days that the petition was pending, provided the beneficiary files a Form I-485,3 based on the subject petition, within one year of such visa availability. The �period that a petition is pending� for the Form I-140 is the date that the Form I-140 is properly filed (receipt date and not priority date) until the date an approval is issued on the petition.
----------------------------------------
p_kumar
08-23 05:30 PM
would all AOS applicants receive FP notice or only those whose PD is current.
Your interpretation of the question is incorrect :p:p
I am sure about your answer though...:)
Labor Approval Date: 8/13/2007
I-140 Approved sept 2005 Attorney incorrectly applied EB3
Applied second I-140 EB2 May 2007 EB2
I-485 applied June 29th
I-485 receipt notice received Aug 15
EAD approved Aug 17
YOU APPLIED ON JUNE 29TH AND GOT EAD ON AUGUST 17?. WOW!:eek:
SO WHO FILED IN JULY, CAN WE EXPECT EAD IN SEPT?.
Your interpretation of the question is incorrect :p:p
I am sure about your answer though...:)
Labor Approval Date: 8/13/2007
I-140 Approved sept 2005 Attorney incorrectly applied EB3
Applied second I-140 EB2 May 2007 EB2
I-485 applied June 29th
I-485 receipt notice received Aug 15
EAD approved Aug 17
YOU APPLIED ON JUNE 29TH AND GOT EAD ON AUGUST 17?. WOW!:eek:
SO WHO FILED IN JULY, CAN WE EXPECT EAD IN SEPT?.