srikondoji
07-02 03:04 PM
follow your lawyer's advice.
You can still be part of plaitiff, if you can show the proof of your expenses and proove that you had a material loss because of USCIS/DOS goof up.
--sri
Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???
Pls advice,
Thanks,
You can still be part of plaitiff, if you can show the proof of your expenses and proove that you had a material loss because of USCIS/DOS goof up.
--sri
Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???
Pls advice,
Thanks,
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GCBy3000
09-25 02:33 PM
If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
sudhirvallam
10-24 06:39 PM
The below memo from USCIS clearly states that your H1B will be valid if you use EAD for secondary job.
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
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rsdang
08-01 12:54 PM
Guys,
I like the approach however I will request all Iowa residents to call Congressman Kings again and again. Also get your friends and coworkers to call.
Voter calls will always impact politicians...
Lets keep the efforts on...
Thanks
I like the approach however I will request all Iowa residents to call Congressman Kings again and again. Also get your friends and coworkers to call.
Voter calls will always impact politicians...
Lets keep the efforts on...
Thanks
more...
amitga
05-23 01:45 PM
My attorney told me that EAD to H1 will not counted against the cap if the person was on H1 before going on EAD. Is it true.
xyzgc
11-04 12:49 AM
humei tum se pyaar kitanaa, ye hum naheen jaanate
magar jee naheen sakate, tumhaare beenaa
sunaa gam judaee kaa, uthhaate hain log
jaane jindagee kaise, bitaate hain log
din bhee yahaa to lage, baras ke samaan
humei intajaar kitanaa, ye hum naheen jaanate
magar jee naheen sakate, tumhaare beenaa
tumhe koee aaur dekhe, to jalataa hain dil
badee mushkilon se fir, sanbhalataa hain dil
kyaa, kyaa jatan karate hai, tumhe kyaa pataa
ye dil bekaraar kitanaa, ye hum naheen jaanate
magar jee naheen sakate, tumhaare beenaa
magar jee naheen sakate, tumhaare beenaa
sunaa gam judaee kaa, uthhaate hain log
jaane jindagee kaise, bitaate hain log
din bhee yahaa to lage, baras ke samaan
humei intajaar kitanaa, ye hum naheen jaanate
magar jee naheen sakate, tumhaare beenaa
tumhe koee aaur dekhe, to jalataa hain dil
badee mushkilon se fir, sanbhalataa hain dil
kyaa, kyaa jatan karate hai, tumhe kyaa pataa
ye dil bekaraar kitanaa, ye hum naheen jaanate
magar jee naheen sakate, tumhaare beenaa
more...
xtetic
03-11 09:37 AM
from what i understand it is legal for now, but for sure it might raise some eyebrows. i for one know this guy who applied 2 h1's from 2 employers from india. he did get his receipt# from one of them but he got a rfe nd got rejected. i don't know details if the rfe was for 2 apps or for some other issue with the cmpy itself.....will try to contact that guy n d update here
2010 US Flag 4th of July IPhone
gemini23
07-02 03:07 PM
the reference to mexicans here is defnintely uncalled for and has racist odor. You could have used "illegal immegrant" as they can be from any country in the world. I would expect a little maturity and humbleness from a senior member. my word of advice..dont be frustrated...this gc game needs lot more patience.
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
more...
Munna Bhai
12-17 09:51 AM
Hi
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
No one will deny the case. You will get NOID notice to deny and if you don't respond then it is denied. So you still have lot of time to respond.
Don't worry much, keep looking into your case history and if you suspect any RFE be prepared for it.
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
No one will deny the case. You will get NOID notice to deny and if you don't respond then it is denied. So you still have lot of time to respond.
Don't worry much, keep looking into your case history and if you suspect any RFE be prepared for it.
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ramesh10
06-15 07:20 PM
Franklin,
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
more...
traveldoc
09-10 02:12 PM
I have a strange situation with my AP renewal:
Applied for AP renewal for both Primary and dependant on August 8th
Dependent received AP approval on Sept 2nd
Primary called USCIS to expedite process on grounds of medical emergency on Sept 2nd and Received a letter from USCIS on sept 8th - saying this - "The status of this service record is: Since the date we received your request, we have approved your case and sent an approval notice to you on 9/1/2009 to the address we have on file. If you do not receive the notice withing 30 days, then please contact our office again". But when I check the online status on USCIS.gov it says "Case received and Pending". How can the system say 2 different things?
I made Infopass appointment today and went to the office to see if they can follow up on this situation and they just said their system says case 'Approved' so wait for 30 days.
Anyone in the same situation? Any suggestions? Is there anyway I can apply for a duplicate or something? What if I just go ahead and re-apply for my AP before the 30 days...what other risks are involved other than loosing $305.
Applied for AP renewal for both Primary and dependant on August 8th
Dependent received AP approval on Sept 2nd
Primary called USCIS to expedite process on grounds of medical emergency on Sept 2nd and Received a letter from USCIS on sept 8th - saying this - "The status of this service record is: Since the date we received your request, we have approved your case and sent an approval notice to you on 9/1/2009 to the address we have on file. If you do not receive the notice withing 30 days, then please contact our office again". But when I check the online status on USCIS.gov it says "Case received and Pending". How can the system say 2 different things?
I made Infopass appointment today and went to the office to see if they can follow up on this situation and they just said their system says case 'Approved' so wait for 30 days.
Anyone in the same situation? Any suggestions? Is there anyway I can apply for a duplicate or something? What if I just go ahead and re-apply for my AP before the 30 days...what other risks are involved other than loosing $305.
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loudobbs
10-17 02:52 PM
You can look at related fields for your job code on the O NETsite.
So I am guessing if your new job code falls in any of the related occupations, your oK??
Any thoughts......
So I am guessing if your new job code falls in any of the related occupations, your oK??
Any thoughts......
more...
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ajay
02-23 12:05 PM
Unseenguy,
IMHO, it is always good to stick on what you have with until you find a suitable project and person to change your job to.
It is not good to take hasty decisions at this time. Meanwhile try to spread your resume around the see the responses you get. Keep the faith.
Good Luck.
IMHO, it is always good to stick on what you have with until you find a suitable project and person to change your job to.
It is not good to take hasty decisions at this time. Meanwhile try to spread your resume around the see the responses you get. Keep the faith.
Good Luck.
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amitjoey
06-17 06:50 PM
Total Contributions on this thread: $650- I am moving these to the funding thread. Please post your contributions on the funding thread.
more...
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ubetman
08-04 03:14 PM
Thank you guyz for your responses.
I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.
This is the process which i have gone through:
1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.
2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.
when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...
My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.
thanks in advance....
I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.
This is the process which i have gone through:
1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.
2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.
when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...
My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.
thanks in advance....
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aadimanav
11-02 11:06 AM
exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, .
If you take out 61000 out of a queue the queue becomes smaller. It is as simple as that.
The thing is that you want to see from the point of view where you are standing in the queue. If there are no nurses ahead of you in the line (as Paskal mentioned that earlier 50,000 were recaptured), that doesn't mean there are no nurses behind you in the queue. Overall size of the the queue becomes smaller.
However, it would have been good if the recapture was for everyone (not just nurses). Something is better than nothing. No recapture is better than recapture for someone.
If you take out 61000 out of a queue the queue becomes smaller. It is as simple as that.
The thing is that you want to see from the point of view where you are standing in the queue. If there are no nurses ahead of you in the line (as Paskal mentioned that earlier 50,000 were recaptured), that doesn't mean there are no nurses behind you in the queue. Overall size of the the queue becomes smaller.
However, it would have been good if the recapture was for everyone (not just nurses). Something is better than nothing. No recapture is better than recapture for someone.
more...
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Jimi_Hendrix
06-30 05:32 PM
Jealous people v/s Non Jealous people => Shady v/s Non Shady business? :cool:
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uma001
04-22 03:40 PM
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approved Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
How long you been working at this client?
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approved Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
How long you been working at this client?
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grupak
12-10 09:47 AM
there is a way to contribute less than $100
Use paypal and send any amount you like to
donations at immigrationvoice dot org
Thanks you ssingh92. Let your friends know about the option for using paypal for less than $100
Please post contributions on the main fund drive page, and motive others.
Use paypal and send any amount you like to
donations at immigrationvoice dot org
Thanks you ssingh92. Let your friends know about the option for using paypal for less than $100
Please post contributions on the main fund drive page, and motive others.
katakamk
07-11 03:00 PM
Yes, USCIS can raise RFE ability to pay even in I-485 stage.
VMH_GC
12-14 03:41 PM
Thanks all for your information. It is really helpful.
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