webm
06-04 12:28 PM
hey eb3_nepa
One quick question....if the spouse is on H4, working on EAD and then travels outside and comes back in using her H4....can she then still use her EAD.....??
Yes fill the I-9 form and again can continue work on EAD..but better use AP at POE if she already used EAD before..
my 2 cents..
One quick question....if the spouse is on H4, working on EAD and then travels outside and comes back in using her H4....can she then still use her EAD.....??
Yes fill the I-9 form and again can continue work on EAD..but better use AP at POE if she already used EAD before..
my 2 cents..
wallpaper wallpapers national
gc28262
03-21 10:35 AM
OK. loud and clear Desi :D
Now, I have provided the reference to part of AC21 law with my interpretation, which allows visa portability (unofficially known as transfer) from one sponsor to another and excempt from numeric limits.
All I hear is "incorrect", "wrong" followed by individual interpretation or opinion. I respect all disagreement part, Which may be/not be accurate. Why don't you quantify your comments with references to law or CIS memo? Don't you think discussion need to be healthy and fair?
Now, I have a lot of filthy and rediculous offensive messages on the discussion threads with reds, which I would not like to post in public. If this is what our anonymous so called "highly skilled" can bring to the table, then I am speachless.
gapala,
This thread is not a discussion thread. OP asked a question. We need to provide him a precise and satisfactory answer. There is no point in confusing him with endless discussion.
His situation is very simple. There is no question of out of status here to begin with. OP knows this very well. Many of the people who responded here ( excluding me ) are quite knowledgeable in immigration matters.
When in doubt, always refer lawyer's newsletter/USCIS memos rather than us trying to interpret the law. We are no lawyers.
Now, I have provided the reference to part of AC21 law with my interpretation, which allows visa portability (unofficially known as transfer) from one sponsor to another and excempt from numeric limits.
All I hear is "incorrect", "wrong" followed by individual interpretation or opinion. I respect all disagreement part, Which may be/not be accurate. Why don't you quantify your comments with references to law or CIS memo? Don't you think discussion need to be healthy and fair?
Now, I have a lot of filthy and rediculous offensive messages on the discussion threads with reds, which I would not like to post in public. If this is what our anonymous so called "highly skilled" can bring to the table, then I am speachless.
gapala,
This thread is not a discussion thread. OP asked a question. We need to provide him a precise and satisfactory answer. There is no point in confusing him with endless discussion.
His situation is very simple. There is no question of out of status here to begin with. OP knows this very well. Many of the people who responded here ( excluding me ) are quite knowledgeable in immigration matters.
When in doubt, always refer lawyer's newsletter/USCIS memos rather than us trying to interpret the law. We are no lawyers.
gapala
03-20 08:14 PM
Can someone explain me how can i find a H1b is new or transferred?
I got all my H1B photocopies. Does it(new or transferred) show on H1B Document?
Thank you
If its a transfer, your I-94 "number" will be same. Check to see if you have same I-94 number on any or all or atleast 2 of your I-94's including the one which they provided you at POE "across" any of your employers (1, 2 and X).
You can also check the application receipt date on them.. see if they are around April of those years? Most probably they will be new filings if the receipt date is around April oppose to September or November.
Hope this helps.
I got all my H1B photocopies. Does it(new or transferred) show on H1B Document?
Thank you
If its a transfer, your I-94 "number" will be same. Check to see if you have same I-94 number on any or all or atleast 2 of your I-94's including the one which they provided you at POE "across" any of your employers (1, 2 and X).
You can also check the application receipt date on them.. see if they are around April of those years? Most probably they will be new filings if the receipt date is around April oppose to September or November.
Hope this helps.
2011 Wallpaper No 4111
vbkris77
02-02 01:04 PM
You are correct, existing law is not fair but we have no say in this. If and when CIR is passed, this can be repelled or at least relaxed. So instead of wasting energy on these, lets meet lawmakers and educate and push for a CIR that works for everyone. Again don't start another blabbering that CIR is only for illegals etc. It is the only way out at this point or be my guest and wait eternity extending EAD/AP.
Another Example:
Let us say, Employer XYZ has 3 employees on H-1B. Its upto Employer's choice to file green card for any or all of them. Employer may decide to sponsor employment based green card for only 1 of them.
If employer decides to sponsor green card for only 1 of the H-1B worker, can other 2 H-1B workers claim right to get sponsored based on Equal Opportunity Law? The answer is No, since it is perfectly ok and does not come under employment based discremination.
People here are mixing 2 different laws without knowing law's applicability limitations.
________________
Not a legal advice.
Another Example:
Let us say, Employer XYZ has 3 employees on H-1B. Its upto Employer's choice to file green card for any or all of them. Employer may decide to sponsor employment based green card for only 1 of them.
If employer decides to sponsor green card for only 1 of the H-1B worker, can other 2 H-1B workers claim right to get sponsored based on Equal Opportunity Law? The answer is No, since it is perfectly ok and does not come under employment based discremination.
People here are mixing 2 different laws without knowing law's applicability limitations.
________________
Not a legal advice.
more...
trueguy
07-18 05:17 PM
Thanks for the reply. I talked to IRS and was on the phone with them for 1.5hrs and she said I can apply for her ITIN even though she is not here.
Anybody here got ITIN for spouse even though spouse is not in US?
Thanks.
No. You need a Valid Visa and/or I-94 to apply for ITIN
Anybody here got ITIN for spouse even though spouse is not in US?
Thanks.
No. You need a Valid Visa and/or I-94 to apply for ITIN
Hinglish
03-21 03:51 PM
It is just the way u wrote....put a poll and most of us will agree on that...
I have been very clear on my statements..
As if I really care about your thoughts, feelings ...
I have been very clear on my statements..
As if I really care about your thoughts, feelings ...
more...
nave_kum
07-22 03:24 AM
07/21/2007: RFE/NOID Flexible Time Frame Rule and Need for USCIS Discretion for Pe-July 17, 2007 EB-485 Filers
July VB Fiasco was a tragic event in the American immigration history and we are grateful that the USCIS rectified the problem on July 17, 2007 by reversing its decision to deny July 2007 EB-485 applications. We do not have specific statisics on EB-485 filers from July 2, 2007 until July 17, 2007. However, for the two reasons, among others, a large number of applicants sent in EB-485 applications during the period. Firstly, they more or less anticipated that either DOS or USCIS would rectify the problems because of the potential serious flaws in their decisions. Secondly, AILF was preparing class action lawsuits and they wanted to make it sure that they took advantage of being a member of the class without actually being named as plaintiffs. One time, people thought it was a smart move and right thing to do it, even though this reporter suggested to the people to wait until August VB was released.
Currently, these early filers are literally going through nightmares, hardships, and sleepless nights because of the two reasons. The first reason is that their cases have been on hold and no Receipt Notices have been issued. The second reason is that recently the USCIS revised its rule (1) allowing the adjudicating officers to exercise a discretion and issue a RFE with the response time of less than 12 weeks and (2) to exercise a discretion to either reject or deny a petition or an application without issuing RFE when the "initial evidence" is missing in the filing. Combination of these facts is currently creating a turmoil to these filers for the two reasons. There are some filers who submitted I-140/I-485 application without a sufficient documentation in haste, for instance, medical report, or other flaws in the submitted evidence. These people are restless not knowing whether their application could be rejected or denied, indeed a truly deadly consequences. The circumstances force them to wonder whether they should refile the petition/application before August 17, 2007 not to take any chances. There are, however, two hurdles to such decision. One is the recent denial of I-140 petitions by the adjudicators if the petition was not accompanied by the "original" labor certification. The another reason is no fixed rule or policy on the filing of multiple I-485 applications. This creates a fear that their second filing may also be rejected or denied. They are thus trapped! The second victims are international travelers. If the application is either rejected or denied and they are present in the U.S., they will be able to refile it after correcting the flaws in their initial evidence before August 17, 2007. However, when they are not present in the U.S., they will be deprived of such opportunities, which may be considered "deadly." Some people are still present in the U.S. at this time, but because of business or personal emergency, they will have to travel outside of the country using their H-1B/H-4 or L-1/L-2 visa. If their cases are rejcted or denied during their absence, they will not be able to refile it timely before August 17, 2007. They are trapped again! Their act which was considered a right thing to do to one time turns out to be a nightmare. Who would have anticipated the nightmare?
We urge the USCIS to consider the following actions to relieve these applicants from the unnecesary hardship:
Under he RFE/NOID Flexible Timeframe rule, a decision to reject or deny without a RFE remains a "discretion" of the individual adjudicator in each case. This reporter proposes that considering the unusual circumstances involving the July VB fiasco and the USCIS unusual remedial action at the last minute, the USCIS exempts these filers from the rule and make it mandatory to issue RFE before rejection or denial unless the following flaws are found in the filing:
No filing fee checks or flaws in the filing fee checks
Missing signatures in the forms
Missing forms
Missing underlying certified labor certification application for I-140 petitions (either original or copy).
Should the filers decide to refile it before August 17, 2007, the USCIS should accept a copy of the certified labor certification application rather than rejection or denial of the refiled I-140 petition. In fact, it has been the INS/USCIS tradition to accept I-140 petition with a copy of the certified labor certification application inasmuch as the original was on file with the agency, albeit in other file of the same applicant or other applicants. Accordingly, it should be a matter of adhering to the tradition and to instruct the adjudicators not to reject such refiling on the issue of a copy of the certified labor certification application. Additionally, inasmuch as there is an evidence that the labor certification has been certified by the DOL but the applicant was unable to submit the original or copy because the application was lost or yet to be delivered to the applicant, such I-140 which was filed during the period should not be rejected or denied. Again, it has been a tradition of the agency to request a duplicate certified labor certification from the DOL by the agency itself when there was a proof of certification. We urge the USCIS to exercise the discretion and instruct the adjudicators not to reject or deny I-140 filed during the problem period for the reasons of missing "original."
Foregoing actions will relieve these filers from most of the nightmares or status of being trapped. It is thus strongly urged that the leaders of the USCIS extend a compassion on a human level and exercise a discretion immediately to take the foregoing actions. This reporter has been receiving hundres of emails from these filers and had to share the pains and emotional despair since there was no answer to the foregoing issues under the curcumstances. Since the deadline of filing is August 17, 2007, the USCIS should swiftly release an announcement to relieve these people from the problem "effectively." On behalf of all these trapped, this reporter personally pleas the leaders of the USCIS to act quickly.
July VB Fiasco was a tragic event in the American immigration history and we are grateful that the USCIS rectified the problem on July 17, 2007 by reversing its decision to deny July 2007 EB-485 applications. We do not have specific statisics on EB-485 filers from July 2, 2007 until July 17, 2007. However, for the two reasons, among others, a large number of applicants sent in EB-485 applications during the period. Firstly, they more or less anticipated that either DOS or USCIS would rectify the problems because of the potential serious flaws in their decisions. Secondly, AILF was preparing class action lawsuits and they wanted to make it sure that they took advantage of being a member of the class without actually being named as plaintiffs. One time, people thought it was a smart move and right thing to do it, even though this reporter suggested to the people to wait until August VB was released.
Currently, these early filers are literally going through nightmares, hardships, and sleepless nights because of the two reasons. The first reason is that their cases have been on hold and no Receipt Notices have been issued. The second reason is that recently the USCIS revised its rule (1) allowing the adjudicating officers to exercise a discretion and issue a RFE with the response time of less than 12 weeks and (2) to exercise a discretion to either reject or deny a petition or an application without issuing RFE when the "initial evidence" is missing in the filing. Combination of these facts is currently creating a turmoil to these filers for the two reasons. There are some filers who submitted I-140/I-485 application without a sufficient documentation in haste, for instance, medical report, or other flaws in the submitted evidence. These people are restless not knowing whether their application could be rejected or denied, indeed a truly deadly consequences. The circumstances force them to wonder whether they should refile the petition/application before August 17, 2007 not to take any chances. There are, however, two hurdles to such decision. One is the recent denial of I-140 petitions by the adjudicators if the petition was not accompanied by the "original" labor certification. The another reason is no fixed rule or policy on the filing of multiple I-485 applications. This creates a fear that their second filing may also be rejected or denied. They are thus trapped! The second victims are international travelers. If the application is either rejected or denied and they are present in the U.S., they will be able to refile it after correcting the flaws in their initial evidence before August 17, 2007. However, when they are not present in the U.S., they will be deprived of such opportunities, which may be considered "deadly." Some people are still present in the U.S. at this time, but because of business or personal emergency, they will have to travel outside of the country using their H-1B/H-4 or L-1/L-2 visa. If their cases are rejcted or denied during their absence, they will not be able to refile it timely before August 17, 2007. They are trapped again! Their act which was considered a right thing to do to one time turns out to be a nightmare. Who would have anticipated the nightmare?
We urge the USCIS to consider the following actions to relieve these applicants from the unnecesary hardship:
Under he RFE/NOID Flexible Timeframe rule, a decision to reject or deny without a RFE remains a "discretion" of the individual adjudicator in each case. This reporter proposes that considering the unusual circumstances involving the July VB fiasco and the USCIS unusual remedial action at the last minute, the USCIS exempts these filers from the rule and make it mandatory to issue RFE before rejection or denial unless the following flaws are found in the filing:
No filing fee checks or flaws in the filing fee checks
Missing signatures in the forms
Missing forms
Missing underlying certified labor certification application for I-140 petitions (either original or copy).
Should the filers decide to refile it before August 17, 2007, the USCIS should accept a copy of the certified labor certification application rather than rejection or denial of the refiled I-140 petition. In fact, it has been the INS/USCIS tradition to accept I-140 petition with a copy of the certified labor certification application inasmuch as the original was on file with the agency, albeit in other file of the same applicant or other applicants. Accordingly, it should be a matter of adhering to the tradition and to instruct the adjudicators not to reject such refiling on the issue of a copy of the certified labor certification application. Additionally, inasmuch as there is an evidence that the labor certification has been certified by the DOL but the applicant was unable to submit the original or copy because the application was lost or yet to be delivered to the applicant, such I-140 which was filed during the period should not be rejected or denied. Again, it has been a tradition of the agency to request a duplicate certified labor certification from the DOL by the agency itself when there was a proof of certification. We urge the USCIS to exercise the discretion and instruct the adjudicators not to reject or deny I-140 filed during the problem period for the reasons of missing "original."
Foregoing actions will relieve these filers from most of the nightmares or status of being trapped. It is thus strongly urged that the leaders of the USCIS extend a compassion on a human level and exercise a discretion immediately to take the foregoing actions. This reporter has been receiving hundres of emails from these filers and had to share the pains and emotional despair since there was no answer to the foregoing issues under the curcumstances. Since the deadline of filing is August 17, 2007, the USCIS should swiftly release an announcement to relieve these people from the problem "effectively." On behalf of all these trapped, this reporter personally pleas the leaders of the USCIS to act quickly.
2010 1999 NGM National Geographic
ngopalak
07-11 01:16 PM
Your lawyer is lying.
Updates:
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
Updates:
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
more...
IV2007
06-24 10:25 AM
Called in today & the staff already knew the message. She took it promptly and was cordial.
Way to go IV...
Way to go IV...
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Caliber
04-10 09:33 AM
[QUOTE=chaanakya;333554]3. You seem to be under the impression that IV got the visa-bulletin reversed??? Moses, wake up and smell the roses. The massive class-action lawsuit being pursued by AILA, the Silicon Valley lobby pressuring Zoe Lofgren, almost all immigration lawyers asking people to join the class action .. what about all of that? Do think your 25 bucks on the flower campaign is what got the bulletin reversed?
SERIOUSLY?? QUOTE]
You just woke up and asking others to wake up? A cat like thinking?
Chaanakya has a great name and you spoiled it too. If not for money, can you list your contributions and it helped others?
All you guys know is BLAME ... Blame.. Blame....
Enjoy your free lunch at the cost of others and cut the same hand that fed you.
SERIOUSLY?? QUOTE]
You just woke up and asking others to wake up? A cat like thinking?
Chaanakya has a great name and you spoiled it too. If not for money, can you list your contributions and it helped others?
All you guys know is BLAME ... Blame.. Blame....
Enjoy your free lunch at the cost of others and cut the same hand that fed you.
more...
seahawks
09-08 11:28 AM
You still have time! Come on, change your mind and attend the rally! We'll help you with the funds!
So there is people to help with funds, there is people to help with accommodations, there is people who are organizing and planning the whole event, all we need to do is show up, make up your mind today, it makes more sense from planning to preparing and coordinating your trip if you say yes today.. ACT NOW, say Yes, one day of your life, probably two, work over a weekend, wake up an hour early and save 24 hours to make it up to the rally. Don't miss being part of an historical event!
So there is people to help with funds, there is people to help with accommodations, there is people who are organizing and planning the whole event, all we need to do is show up, make up your mind today, it makes more sense from planning to preparing and coordinating your trip if you say yes today.. ACT NOW, say Yes, one day of your life, probably two, work over a weekend, wake up an hour early and save 24 hours to make it up to the rally. Don't miss being part of an historical event!
hot NATIONAL GEOGRAPHIC HD
coopheal
05-31 07:39 AM
Sent a check for $50.
Wish I could attend and meet with the law makers but my in-Laws have decided to bless me with their presence.
Amount = $50.00
Transaction ID: 3F820914GJ459814D
Hoping this helps. $250.00 sent via Paypal, unique Transaction ID #56A31011CU0883914
Thanks a lot guys.
Wish I could attend and meet with the law makers but my in-Laws have decided to bless me with their presence.
Amount = $50.00
Transaction ID: 3F820914GJ459814D
Hoping this helps. $250.00 sent via Paypal, unique Transaction ID #56A31011CU0883914
Thanks a lot guys.
more...
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newuser
07-11 11:23 PM
You do not have to pay fees, if you had filed your I-485 with the new fees. If you 485 was filed based on July 07 VB or earlier, then you still have to pay fees. The July fiasco as we all know, there are a extension till Aug 17 to file I-485 with the old fees, these applicants still have to pay fees for AP renewal even if filed between Aug 1 through 17
If you have filed your 485 based on the July '07 fiasco, then you still need to pay $305.
If you have filed your 485 based on the July '07 fiasco, then you still need to pay $305.
tattoo National Geographic#39;s
rajarao
09-02 12:39 PM
Management announced that our US plant of my division will shut down in next 3-4 years (about 2000 employees). There are no immediate lay-offs but may start anytime,as this is a progressive multi-year transfer to out of country or to a third party.
What is the impact on 485 processing?.
I got an RFE for employment verification a week before the announcement and it was replied. Will there be any issue at the approval stage or in the future?.
Thanks
EB2/India
PD June 2004
What is the impact on 485 processing?.
I got an RFE for employment verification a week before the announcement and it was replied. Will there be any issue at the approval stage or in the future?.
Thanks
EB2/India
PD June 2004
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nmdial
07-22 02:57 PM
I never knew Hindi is a local language in US:D Moreover I dont have anything against Hindi or any other language. Its the personal experience with people on more than one occasion.
I was not talking about Hindi in particular. I simply meant the language local to the place you are at, be it any city or state in India or the US.
I was not talking about Hindi in particular. I simply meant the language local to the place you are at, be it any city or state in India or the US.
dresses Download National Geographic
claudia255
09-21 10:37 PM
How about a candle night vigil outside all state capitals, one Friday/Saturday/Sunday evening? This is a symbolic gesture for the slow death of our green card dreams.
That is a very good idea!
That is a very good idea!
more...
makeup National Geographic Wallpapers
chmur
11-17 02:33 AM
I understand the need to gain grassroots strength, But at the same time I expect that IV core members to do better than arbitrary curt responses directing everyone to state chapter on this forum.
I am sure IV core do better, like for example, well crafted sticky memo explaining the need for state chapters/grassroots strength and dangers of remaining only an internet based group of anonymous members and why agenda of the IV will not be discussed or revealed in this forum. There was one good post explaining this.
Such a professional explanation is required to gain the respect of the newcomer on this forum and his views and at the same time promoting IV objectives.
IV and rest of us need each other to get this huge problem fixed.
I am sure IV core do better, like for example, well crafted sticky memo explaining the need for state chapters/grassroots strength and dangers of remaining only an internet based group of anonymous members and why agenda of the IV will not be discussed or revealed in this forum. There was one good post explaining this.
Such a professional explanation is required to gain the respect of the newcomer on this forum and his views and at the same time promoting IV objectives.
IV and rest of us need each other to get this huge problem fixed.
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sc3
09-12 07:15 PM
23 (out of 31) of the co-sponsors for HR 5882 are Dems. not to mention the main sponsor is also Dem.
I did not say all of the dems, by same token not all republicans support immigration (legal or otherwise).
What I am saying is that generally, republicans have (even if it is to spite the efforts of people pushing illegal immigration) been more supportive of legal than illegal immigration.
While many democrats have been supportive, the one of the main reasons for the delay are the dems themselves, their crappy CHC, who dont want to allow any immigration bill till the illegals are elevated on the pedestal. The Dem leadership have put the immigration issue a hostage to the whims of CHC.
I did not say all of the dems, by same token not all republicans support immigration (legal or otherwise).
What I am saying is that generally, republicans have (even if it is to spite the efforts of people pushing illegal immigration) been more supportive of legal than illegal immigration.
While many democrats have been supportive, the one of the main reasons for the delay are the dems themselves, their crappy CHC, who dont want to allow any immigration bill till the illegals are elevated on the pedestal. The Dem leadership have put the immigration issue a hostage to the whims of CHC.
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karanp25
06-27 11:57 AM
See so many ppl getting their EADs in 15-20 days. Mine was filed in first week of May at NSC, still no news. From the LUDs, it doesn't appear anyone has touched the applications yet.
Are these fast approvals only from TSC or there r ppl from NSC who see 15-20 day approvals?
Are these fast approvals only from TSC or there r ppl from NSC who see 15-20 day approvals?
HariDod
07-27 02:02 PM
..
I recieved my I-140 receipt notice finally from Nebraska Service Center, it does not have the A#, may be due to the fact that I belong to EB3 category.
As one of my friend who is in EB2 category has an A# on his receipt notice which he got yesterday from Texas Service Center.
I recieved my I-140 receipt notice finally from Nebraska Service Center, it does not have the A#, may be due to the fact that I belong to EB3 category.
As one of my friend who is in EB2 category has an A# on his receipt notice which he got yesterday from Texas Service Center.
arunmohan
04-27 01:20 AM
Unique Transaction ID #4CJ87652FN3567919)
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