rockstart
07-27 08:54 AM
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
wallpaper y las llamas del fuego
Pandi
03-28 02:21 PM
Thanks to Thomachan (for highlighting why legal immigrant's children should be considered in the Dream Act) and Sanju ( for focussing on the key decision makers who can influence this). I am sure we can make atleast an attempt to get this included. :). This will help legal immigrants with children in high school and college to a large extent.
Ann Ruben
07-12 02:24 PM
You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.
For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:
1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).
Hope this helps,
Ann
For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:
1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).
Hope this helps,
Ann
2011 llamas de fuego
purgan
07-27 12:30 PM
Urstruly
I believe your friend and his wife will be fine. They have 180 day+45 day grace period...it is taking NSC quite a while to generate RNs so she will probably get the GC after FY2008 quota is effective in Oct
But seperately I wish I had such good friends:-).
I believe your friend and his wife will be fine. They have 180 day+45 day grace period...it is taking NSC quite a while to generate RNs so she will probably get the GC after FY2008 quota is effective in Oct
But seperately I wish I had such good friends:-).
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smisachu
11-29 10:05 PM
Consult a lawer. But you better tell the truth. The system is such that they can dig in all records.
rvr_jcop
02-15 01:30 AM
Hello All
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
Before asking n number of questions, it will be helpful for others(even to answer the questions) if you fill up your profile.
--Its doesnt mean that you are technically on EAD just for the reason of you entered on AP. You could choose to working on H1-B if you want to (by not sending your I-9)
--Is company B you mentioned a TARP company?
--Denial of non-imm petition does not automatically lead to denial of other immi petitions provided all else is good
Chill out and stop worrying. Talk to your attorney and make wise decision that is good for you.
This is just my opinion/understanding and others could correct me if I was wrong..
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
Before asking n number of questions, it will be helpful for others(even to answer the questions) if you fill up your profile.
--Its doesnt mean that you are technically on EAD just for the reason of you entered on AP. You could choose to working on H1-B if you want to (by not sending your I-9)
--Is company B you mentioned a TARP company?
--Denial of non-imm petition does not automatically lead to denial of other immi petitions provided all else is good
Chill out and stop worrying. Talk to your attorney and make wise decision that is good for you.
This is just my opinion/understanding and others could correct me if I was wrong..
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dan19
08-28 03:16 PM
Thanks!
PD: Sept 2002
I guess you filed EB3. I was in same situation with BS and MS in Industrial engineering. my I-140 got approved a year ago without any problem. I am waiting for visa number ROW Oct2003. What is your PD?
PD: Sept 2002
I guess you filed EB3. I was in same situation with BS and MS in Industrial engineering. my I-140 got approved a year ago without any problem. I am waiting for visa number ROW Oct2003. What is your PD?
2010 Llamas by cata13es on flickr.
bobzibub
12-15 06:02 PM
Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
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msyedy
01-24 11:09 AM
Yes your crook attorney is partially right. Because once your I-140 gets approved, then you are eligible for 3 yr extension and not 1 yr extension. No attorney like his/her clients get 3 yrs extension because they will lose their attorney fee for the next two years.
Just ask your lier to apply for I-140. If he refuses to do that, ask him why?
Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.
Forget about the lawyer, It is the company issue here if they are paying for your GC.
....
Just ask your lier to apply for I-140. If he refuses to do that, ask him why?
Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.
Forget about the lawyer, It is the company issue here if they are paying for your GC.
....
hair algunas llamas de fuego
virtual55
05-03 09:01 AM
^
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jonty_11
02-05 02:27 PM
This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
hot Llamas del fuego plantillas de
gapala
03-02 05:18 PM
Here is the abstract of the paper....
Abstract:
These returnees contributed to the tech boom in those countries and arguably spurred the growth of outsourcing of back-office processes as well as of research and development.
This hits right on the bulls eye. This actually truned disastrous in the long run and may very well continue to pull down the objectives of 21st century american competitiveness, unless they do something drastically different to attract and retain the talent.
Given the tax payer stimulus, which is only going to create 3 million blue collar workers and may be a state of the art infrastructure, which already is, will add fuel to fire and the bubble/boom will be visible only in different side of the earth. Its unfortunate, but highly possible as many trend analysts like Celente predicts.
Abstract:
These returnees contributed to the tech boom in those countries and arguably spurred the growth of outsourcing of back-office processes as well as of research and development.
This hits right on the bulls eye. This actually truned disastrous in the long run and may very well continue to pull down the objectives of 21st century american competitiveness, unless they do something drastically different to attract and retain the talent.
Given the tax payer stimulus, which is only going to create 3 million blue collar workers and may be a state of the art infrastructure, which already is, will add fuel to fire and the bubble/boom will be visible only in different side of the earth. Its unfortunate, but highly possible as many trend analysts like Celente predicts.
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house Llamas de Fuego
nogc_noproblem
06-27 03:58 PM
Paper based. Sent on May 5th to NSC.
Can you please provide below details
when did u file for your EAD renewal? Is it e-file or paper based file? what is the service center?
Can you please provide below details
when did u file for your EAD renewal? Is it e-file or paper based file? what is the service center?
tattoo llamas
lazycis
12-03 10:20 AM
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
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pictures Etiquetas: Las llamas de fuego
nitlsu
07-18 12:59 AM
From the numbersusa site it seems that the Senate is currently debating the DoD appropriations bill and Sen. Cornyn of TX has introduced ammendment SA 2143 to enable recapture of unused EB visas from the years 1996-1997.
Does anyone have any more details on this? Do we need to have a coordinated effort in support of this?
Does anyone have any more details on this? Do we need to have a coordinated effort in support of this?
dresses lanza llamas de fuego!
go_guy123
07-30 02:10 PM
This memo is under litigation....lets see the outcome and where the memo stands.
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makeup entre las llamas del fuego
MrDesi
02-07 06:04 PM
Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
girlfriend patrón con llamas de fuego
nixstor
09-27 01:40 PM
http://marketplace.publicradio.org/am.html
Dont see anything you mentioned about shortage of workers on Marketplace.
It would be great if we can get some support from David Heenan like Richard Florida.
Dont see anything you mentioned about shortage of workers on Marketplace.
It would be great if we can get some support from David Heenan like Richard Florida.
hairstyles algunas llamas de fuego
pappu
08-18 01:03 PM
Hi
http://www.immigration-law.com
--must be of great help
-Rao.
HOLY COW !!!!
This is so awesome!!!
we are going to save as many as 30 days from the total of 6-8 years of our green card process.
http://www.immigration-law.com
--must be of great help
-Rao.
HOLY COW !!!!
This is so awesome!!!
we are going to save as many as 30 days from the total of 6-8 years of our green card process.
aamchimumbai
12-05 02:13 PM
Was your wife successful in getting an H1B visa stamped in her passport? If yes, could you please share your experience for the visa stamping interview/documents, etc. Your post will be helpful for some who plan to return on H1B/H4 (including me).
Thanks.
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
Thanks.
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
girishvar
08-12 07:27 AM
People who follows Gotcher school of immigration follows CP over AOS. more details @ www.immigration-information.com
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
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