stupendousman11
09-24 01:43 PM
EB2 India from NC.
Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.
EAD CPO email on 9/23 :)
Wife's EAD (applied together) still pending. No LUDs either.
Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.
EAD CPO email on 9/23 :)
Wife's EAD (applied together) still pending. No LUDs either.
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seahawks
03-15 11:57 AM
I also just emailed.
thanks.
just faxed my wife's and my FOIA letters too..
thanks.
just faxed my wife's and my FOIA letters too..
ameerka_dream
04-15 10:26 AM
^^^^^^^^^^bump^^^^^^^^^^
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senthil1
04-01 07:25 PM
If extension is denied it is better to leave asap especially within 30 days. More the delay more problem while applying any visa in Consulate in future.
Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
more...
jnraajan
04-07 02:45 PM
Folks,
My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!
We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.
The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.
Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?
Rgds,
gcisadawg
Keep the receipt in hand. She can leave when she is ready to leave. If VSC responds or has an RFE after her departure, you can respond to that RFE and also provide proof that she has left the country already.
But, the fact is, USCIS does not take it kindly when people on B2 Visa extends beyond the 6 months. She may have trouble coming back a second time. Please be advised of this.
My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!
We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.
The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.
Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?
Rgds,
gcisadawg
Keep the receipt in hand. She can leave when she is ready to leave. If VSC responds or has an RFE after her departure, you can respond to that RFE and also provide proof that she has left the country already.
But, the fact is, USCIS does not take it kindly when people on B2 Visa extends beyond the 6 months. She may have trouble coming back a second time. Please be advised of this.
dealsnet
10-20 06:03 PM
You will not any answer for illegal matters.
What you did is illegal. Any H1B person can know H4 cannot work.
It is not the matter of ignorance.
Please see a lawyer.
Still looking for a knowledgeable response specifically to the questions asked.
What you did is illegal. Any H1B person can know H4 cannot work.
It is not the matter of ignorance.
Please see a lawyer.
Still looking for a knowledgeable response specifically to the questions asked.
more...
vin13
01-16 01:28 PM
You may be right on that.
But the real question in this case is will the person be subject to yearly cap (lotter system) or be considered as a H1-B transfer kind.
But the real question in this case is will the person be subject to yearly cap (lotter system) or be considered as a H1-B transfer kind.
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h1vegas
06-24 05:28 PM
^^^^^
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dealsnet
06-18 03:07 PM
In AOS, you are in status, even if you are not working. But you must have a valid job offer in hand. They must employ you immediately after your GC approval for the job with same description and salary. Any time USCIS can ask for the job letter.
For unemployment benifits, I don't know.
For empoyment based GC, candidates are suppose to work till get GC. Small gap is ok, if you have job offer. If you are laid off by the GC sponsering company and they are no longer in business means, you are out of status, if no other job or offer in hand.
For unemployment benifits, I don't know.
For empoyment based GC, candidates are suppose to work till get GC. Small gap is ok, if you have job offer. If you are laid off by the GC sponsering company and they are no longer in business means, you are out of status, if no other job or offer in hand.
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sr123
05-25 10:43 AM
called Sen Specters Office. The staffer said she will pass it on to the senator.
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BharatPremi
10-10 12:10 PM
Q: �You are a citizen of India. You came in USA on H1B visa in year 2000.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
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sgorla
02-23 02:38 PM
I was told by the University of Nevada -Reno (UNR) that I 140 approval does not change one's immigration status, and the person (or his/her dependent) will not be eligible for in-state tution.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
more...
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EkAurAaya
03-19 10:23 PM
There are no TAX on selling price as long as you stayed in the house for 2 year , you can exclude up to $250,000 ($500,000 for a married couple)
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
Thanks for confirming! No i m not looking to sell in this market :D (although if i have to sell i will still break even) i have a rental property that i was thinking of selling early last year and the lawyer mentioned this to me... so i wanted to confirm!
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
Thanks for confirming! No i m not looking to sell in this market :D (although if i have to sell i will still break even) i have a rental property that i was thinking of selling early last year and the lawyer mentioned this to me... so i wanted to confirm!
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mrsr
02-19 09:55 PM
I am looking for some help on interfiling, want to replace my old eb2 140 with the new I140 Eb3(jul10,2001) so that my AOS will be transfered to new I140
Thanks..
I am looking for some help on interfiling, want to replace my old eb2 140 with the new I140 Eb3(jul10,2001) so that my AOS will be transfered to new I140
Thanks..
any idea
please guys
is anybody there
is any body there
Thanks..
I am looking for some help on interfiling, want to replace my old eb2 140 with the new I140 Eb3(jul10,2001) so that my AOS will be transfered to new I140
Thanks..
any idea
please guys
is anybody there
is any body there
more...
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gccovet
07-15 04:26 PM
Regarding first point,
I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .
HTH
GCCovet
I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .
HTH
GCCovet
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glus
10-19 08:28 AM
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
Hello,
INA consists a section of "Presumption of Visa Fraud." It basically states that if a person who entered to the U.S. for the FIRST time and changed status to a different visa category while in the U.S. before 60 days in the initial status have passed, that person might have committed a visa fraud and intended to do it in the first place. Do a google search - "presumption of visa fraud 60 days." I am sure of this as I worked for an immigration law office and we had a few clients with the same problem. After 60 days since you had arrived, that should not be a problem; generally speaking. I would recommend you speak to an immigration attorney before doing it, or request a H-1B visa approval with H1b visa to be issued in your own country instead of changing status in the U.S. now.
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
Hello,
INA consists a section of "Presumption of Visa Fraud." It basically states that if a person who entered to the U.S. for the FIRST time and changed status to a different visa category while in the U.S. before 60 days in the initial status have passed, that person might have committed a visa fraud and intended to do it in the first place. Do a google search - "presumption of visa fraud 60 days." I am sure of this as I worked for an immigration law office and we had a few clients with the same problem. After 60 days since you had arrived, that should not be a problem; generally speaking. I would recommend you speak to an immigration attorney before doing it, or request a H-1B visa approval with H1b visa to be issued in your own country instead of changing status in the U.S. now.
more...
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stueym
07-07 11:57 AM
Just wanted folks to know that our family recorded a video entry on Youtube for the CNN-YouTube presidential debate competition.
CNN-YouTube Democratic debate contest (http://www.youtube.com/contest/DemocraticDebate)
They are looking for a few winners that will be used to pose questions to democratic presidential contenders. My son who is an International Affairs/Poli-Sci student wanted to do this and wanted our support.
You can see our video here.
http://www.youtube.com/watch?v=Jt3AkZ1ID0w
The higher rating and more views/comments we get the more attention we will get from CNN.
CNN-YouTube Democratic debate contest (http://www.youtube.com/contest/DemocraticDebate)
They are looking for a few winners that will be used to pose questions to democratic presidential contenders. My son who is an International Affairs/Poli-Sci student wanted to do this and wanted our support.
You can see our video here.
http://www.youtube.com/watch?v=Jt3AkZ1ID0w
The higher rating and more views/comments we get the more attention we will get from CNN.
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morchu
06-25 10:48 PM
I believe the employer cannot legally penalize you for leaving the job. But some expenses like, "sign on bonus" are legally refundable if you don't agree to the terms mentioned. So it really depends on what exact expense they are asking (or otherwise based on the definition of a "penalty" vs "refund"). Also the employment laws differ between states (for example some allow non-compete agreements and some don't).
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milind70
04-07 05:22 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
I think in your case you have been lucky and may have given complelling reason, but otherwise the odds are that the next time around entry may be refused or a shortened stay. I have seen from numerous cases, 7 out of 10 cases were rejected or shortened stay. As one of the posters put it , it is at the discretion of IO at POE next time you visit. This is high risk when u put the things into perspective in longer run
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
I think in your case you have been lucky and may have given complelling reason, but otherwise the odds are that the next time around entry may be refused or a shortened stay. I have seen from numerous cases, 7 out of 10 cases were rejected or shortened stay. As one of the posters put it , it is at the discretion of IO at POE next time you visit. This is high risk when u put the things into perspective in longer run
my_gc_wait
08-10 11:20 AM
1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.
And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.
2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.
And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.
randomdude
12-07 12:11 PM
There is no gain in waiting longer.
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
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