thesparky007
04-16 10:10 AM
thanks for the comments guys and dean
i dont get waht your argument is about
i dont get waht your argument is about
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alien2006
08-24 02:59 PM
Guys, please read the procedure in post1. You are supposed to send the question via email, not post it here.
suavesandeep
01-13 11:13 PM
If i am not drunk The whole idea of getting a labor substitution done was to get an earlier priority date. So i am pretty sure you should be getting your I-140 approved with the older priority date. I think you should talk to your lawyer to get it corrected.
I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)
I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)
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Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
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vamsi_poondla
12-20 08:03 AM
Receipt Number: SRC0XXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice Returned as Undeliverable.
On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..
I have not yet got the FP appointment. Could this be the letter for that or something else serious?
After filing, my address changed.
I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice Returned as Undeliverable.
On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..
I have not yet got the FP appointment. Could this be the letter for that or something else serious?
After filing, my address changed.
I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.
kdprasad
07-12 11:11 PM
Its hard not to get excited but I agree with "Pitah" do pray who ever you believe in all we need to do now is pray for the good news that stand for a while.
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garybanz
01-08 10:14 AM
Folks,
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
My contract with my desi consultant basically says
"Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.
In particular, I will not:
(i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or
(ii) Divert or attempt to divert business away from Employer;"
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
My contract with my desi consultant basically says
"Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.
In particular, I will not:
(i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or
(ii) Divert or attempt to divert business away from Employer;"
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
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reddymjm
02-10 04:05 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Erase the letters H1B from your memory.
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Erase the letters H1B from your memory.
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sledge_hammer
07-25 04:20 PM
This idea is ridiculous. Blood donation is a sign of protest????? If you think giving blood is so bad and you want to protest in that way, you will not gain sympathy.
THIS IS A BAD IDEA FOR A PROTEST!
Before I say any thing further, I want to clarify that I am NOT asking for any action but want to point out to a unique Gandhigiri protest idea proposed by one of our members:
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
THIS IS A BAD IDEA FOR A PROTEST!
Before I say any thing further, I want to clarify that I am NOT asking for any action but want to point out to a unique Gandhigiri protest idea proposed by one of our members:
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
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sohilbt
09-10 10:40 AM
All,
I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.
H1-B improvements:
1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
2) Remove lottery system of awarding visa. In stead use the following method:
a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
d. The application received is CP is assigned available visa as follows:
i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
a. New LCA is required every year and when consultant changes the client.
b. New LCA must be based on the client�s job and experience requirement.
c. H-1B applicant must be paid based on LCA.
d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.
I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.
H1-B improvements:
1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
2) Remove lottery system of awarding visa. In stead use the following method:
a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
d. The application received is CP is assigned available visa as follows:
i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
a. New LCA is required every year and when consultant changes the client.
b. New LCA must be based on the client�s job and experience requirement.
c. H-1B applicant must be paid based on LCA.
d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.
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sanbaj
06-13 10:47 AM
Hi All,
We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?
Please help us with any suggestions.
Thanking you all.
I am very sorry for your situation. I hope it doesn't happen to anybody else.
The right thing to do would be to first report the robbery to Police, which you must have done. Get a copy of that report and get with your attorney or another competent attorney to how to tell USCIS that you have lost your Green card due to Robbery. You can also call USCIS CS number to find out what steps you have to follow in a case like this.
I am no lawyer, so get with a competent lawyer ASAP and get this fixed.
Best of Luck.
We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?
Please help us with any suggestions.
Thanking you all.
I am very sorry for your situation. I hope it doesn't happen to anybody else.
The right thing to do would be to first report the robbery to Police, which you must have done. Get a copy of that report and get with your attorney or another competent attorney to how to tell USCIS that you have lost your Green card due to Robbery. You can also call USCIS CS number to find out what steps you have to follow in a case like this.
I am no lawyer, so get with a competent lawyer ASAP and get this fixed.
Best of Luck.
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meridiani.planum
07-20 12:00 AM
Thanks for the response.
My Priority Date is:
March 16, 2001.
What can you guys tell me?
Thanks.
your case has probably been sent to a local office for an interview. You can take an Infopass appointment to learn more about your case:
http://infopass.uscis.gov/
Also, call the USCIS 1-800 number and enquire about your case and whether you can file a service request about it...
Its been ages since your 485 was filed! Do you have an attorney or was this case filed on your own?
My Priority Date is:
March 16, 2001.
What can you guys tell me?
Thanks.
your case has probably been sent to a local office for an interview. You can take an Infopass appointment to learn more about your case:
http://infopass.uscis.gov/
Also, call the USCIS 1-800 number and enquire about your case and whether you can file a service request about it...
Its been ages since your 485 was filed! Do you have an attorney or was this case filed on your own?
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chanduv23
07-11 12:47 PM
Ok I called her - she is interviewing Ashish and Rohika. If anyone in NYC, please call her. Even if you are Indian - call her, it would be better of you are from another country.
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sri@180
02-08 08:12 AM
Who are comming from USA ,did have particular consulate to attend.
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shantak
05-08 07:40 AM
I do not see update on online status on the registered cases in my portfolio in TSC.
My wife had applied for AP in first week of Feb, we have received AP in a months time but online status still shows "Application received on Feb xx 2009........"
Saurav
Same here, I applied for AP in the first week of April, I have received the approval letters but the online status shows, your application was received on.... and still pending"". I think there is definitely a disconnect
My wife had applied for AP in first week of Feb, we have received AP in a months time but online status still shows "Application received on Feb xx 2009........"
Saurav
Same here, I applied for AP in the first week of April, I have received the approval letters but the online status shows, your application was received on.... and still pending"". I think there is definitely a disconnect
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nirupama.reddy90
01-15 10:54 PM
Hi,
I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.
As I am on job at present, I can not produce any client letter at consulate in case if they ask.
Will there be any issues which I may come across, please help me if you have any experiences.
thanks in advance.
Niru
I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.
As I am on job at present, I can not produce any client letter at consulate in case if they ask.
Will there be any issues which I may come across, please help me if you have any experiences.
thanks in advance.
Niru
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poorslumdog
10-12 12:40 PM
Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.
Just get the receipt number from your employer and check the status yourself.
Just get the receipt number from your employer and check the status yourself.
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vxg
09-18 04:09 PM
vxg...I disagree with your statement that "stamp...can be forged'. Anything can be forged (e.g. passport, money). If the I-551 is legit what do you have to be afraid of?
wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.
What is stated came from my lawyer and a friend of mine ran into trouble in India where immigration folks gave him hard time and did not believe the stamp when he was returning. At US entry point you will be OK with stamp however you need approval notice as local office will not stamp passport without you having the notice.
wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.
What is stated came from my lawyer and a friend of mine ran into trouble in India where immigration folks gave him hard time and did not believe the stamp when he was returning. At US entry point you will be OK with stamp however you need approval notice as local office will not stamp passport without you having the notice.
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lost_in_migration
06-09 01:38 PM
We can't expect every article to be a mouthpiece for our issues
The country needs more taxpayers, and the economy needs educated foreigners..."but American Lawmakers are having none of it"
http://news.bbc.co.uk/2/hi/business/8086392.stm
The country needs more taxpayers, and the economy needs educated foreigners..."but American Lawmakers are having none of it"
http://news.bbc.co.uk/2/hi/business/8086392.stm
sparky_jones
06-06 04:42 PM
hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.
I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.
number30
03-28 12:27 AM
So what do I do.
I am looking to buy a SUBWAY franchise outright costing 200 K
I do not know how can you apply for the green card from the SubWay. If it was Indian hotel people apply as international Chef. But SubWay does not need that kind of expertise. If you want do the business that is fine. 200K seems little high even for the green card.
I am looking to buy a SUBWAY franchise outright costing 200 K
I do not know how can you apply for the green card from the SubWay. If it was Indian hotel people apply as international Chef. But SubWay does not need that kind of expertise. If you want do the business that is fine. 200K seems little high even for the green card.
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