BPforGC
03-05 11:52 PM
My wife got RFE before leaving for India. Unless you know what the RFE is about, do not leave the country under any circumstances. RFE dates cannot be extended without compelling reasons. If you do not answer RFE, your petition has the chance of being considered "abandoned". Call the service center, not customer service, and find out about the content of RFE and tell them that you updated the address but you still did not get it.
They have access to read what is in the RFE. For my wife, the IO at NSC read the RFE content and told that it is about birth certificate. So, call and find out what is in there and take care of it first. Under any circumstances do not leave the country without answering the RFE otherwise you may not be able to come back, because it may lead to your petition considered abandoned. This risk is greatest if you use AP.
If your wife is traveling on H4, then she can enter using that VISA as long as if you maintain valid H1B. But if you are on EAD and she is traveling on AP, do not take risk. Do not listen to multiple people because you get half-cooked answers. I went through that situation and I am telling you, get to the bottom of the RFE, fast.
They have access to read what is in the RFE. For my wife, the IO at NSC read the RFE content and told that it is about birth certificate. So, call and find out what is in there and take care of it first. Under any circumstances do not leave the country without answering the RFE otherwise you may not be able to come back, because it may lead to your petition considered abandoned. This risk is greatest if you use AP.
If your wife is traveling on H4, then she can enter using that VISA as long as if you maintain valid H1B. But if you are on EAD and she is traveling on AP, do not take risk. Do not listen to multiple people because you get half-cooked answers. I went through that situation and I am telling you, get to the bottom of the RFE, fast.
wallpaper Danica Patrick in 2011.
romeshtrisal
10-19 11:06 AM
EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing
katrina
06-09 02:33 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
If your wife is from nonretrogress country which allow her to submit I485 it will be better for you to go with her case (don't have to worry about PD) since it will be current for EB2.
Once she get her greencard approved you will automatically get yours as well.
but as always this is just my opinion everything has still need to be consult with your lawyer.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
If your wife is from nonretrogress country which allow her to submit I485 it will be better for you to go with her case (don't have to worry about PD) since it will be current for EB2.
Once she get her greencard approved you will automatically get yours as well.
but as always this is just my opinion everything has still need to be consult with your lawyer.
2011 todd Page schedule drivers
NKR
10-13 03:18 PM
I have ALWAYS gone in T-shirt and Jeans and never had a problem. They dont really care about your appearance, although it is a good idea to dress decently.Go in a Halloween costume. Am just kidding, any decent looking dress would be fine..
more...
piyu7444
05-08 04:48 PM
Hi, I am not an expert, quoting from things I have read in the past.
Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.
Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.
Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.
Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.
Again, I don't consider myself an expert. so take this with a pinch of salt.
Good luck.
GCCovet
Ron Gotcher has some FAQ on his website and it clearly states that informing will delay the process. I do not know how far it is true but thought I should share this info with you. Here is the question and answer from that document....
Q: Do I have to notify the CIS that I have changed employers?
A: No, there is no legal requirement that you do so. Indeed, doing so will likely result in the processing of your case being delayed. If the CIS asks you if you have changed jobs, you must respond fully and truthfully, but you do not have to volunteer any information.
Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.
Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.
Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.
Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.
Again, I don't consider myself an expert. so take this with a pinch of salt.
Good luck.
GCCovet
Ron Gotcher has some FAQ on his website and it clearly states that informing will delay the process. I do not know how far it is true but thought I should share this info with you. Here is the question and answer from that document....
Q: Do I have to notify the CIS that I have changed employers?
A: No, there is no legal requirement that you do so. Indeed, doing so will likely result in the processing of your case being delayed. If the CIS asks you if you have changed jobs, you must respond fully and truthfully, but you do not have to volunteer any information.
dngoyal
07-27 05:10 PM
hello rolrblade
Thanks for all this,
in the last you have said,
"Also the email from you is "legal authorization" to sign"
But in my case email is not attached with the application.
as I sent mail after filing the application.
is it OK?/
Thanks for all this,
in the last you have said,
"Also the email from you is "legal authorization" to sign"
But in my case email is not attached with the application.
as I sent mail after filing the application.
is it OK?/
more...
snhn
06-13 02:53 PM
Ok, My PD is Oct 2001 .EB3 pending labo9r in dallas backlog center. 45 day letter received in Jan of this year. No more conresspondence so far. However my company filed PERM EB3 it got approved and now the I140 is approved as well. My PD is up for the old labor. Is there anyways, I can use PERM approved I140 and apply for 1485.
Thansk!
Thansk!
2010 NASCAR 2011, NASCAR 20 in the
h1techSlave
04-27 10:29 PM
Most points are for joining the US Armed forces . I see where this is going .
Smart move, wouldn't you say?
Cheers,
h1techSlave
Smart move, wouldn't you say?
Cheers,
h1techSlave
more...
BPforGC
01-07 02:54 PM
NO co-sponsors. This bill is going nowhere, even though I will jump with joy if it is passed. DV has no relevance right now and the country is diverse enough. Good idea to eliminate DV and add that to EB, but not going to happen. This congress is going to be a crab jar, one climbing up and others pulling down... nothing will get done.
hair Charles#39; 2011 NASCAR
swamy
10-27 12:54 PM
Sen Kennedy is the reason every one of us could come even be here in the US today. Please read up on some history of legal immigration - especially the one that dismantled racial barriers. The senator might not share your focus or sense of urgency in solving EB issues first and may be more passionate about the illegal issue but that does not mean he's any less interested in legal issues or make him 'exclusively' an advocate for undocumented. Dont unnecessarily diminish anyone who is your friend - once again, go back and read up on the history of immigration especially around the 60's.
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rb_248
09-08 09:17 PM
Cograts!! rb_248..
Did you notice any LUD's on your case in September?..i got an RFE for my Spouse in August and responded on September 2nd after that there is Soft LUD almost every day but no status change..on my case no LUD's or what so ever last LUD was on 08/19 the day when i did my FP that's it..Guys i am frustated and feeling some how that i will miss this bus... called USCIS IO told me that both the cases are with officer not sure how reliable inof that is..Opened SR on September 3rd..guys please suggest me what else i can do:confused::confused::mad::mad::mad:
Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.
Did you notice any LUD's on your case in September?..i got an RFE for my Spouse in August and responded on September 2nd after that there is Soft LUD almost every day but no status change..on my case no LUD's or what so ever last LUD was on 08/19 the day when i did my FP that's it..Guys i am frustated and feeling some how that i will miss this bus... called USCIS IO told me that both the cases are with officer not sure how reliable inof that is..Opened SR on September 3rd..guys please suggest me what else i can do:confused::confused::mad::mad::mad:
Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.
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dontcareaboutGC
03-19 01:55 PM
What I interpreted it as was "for usage towards family based immigration". Essentially if the EB demand is lower then there is not need to use the AC21 towards EB catergories and that can be applied towards Family Based Immigration.
Technically these are basic laws laid down by congress- The interpretation of those laws is in the hands of the regulatory bodies which execute the laws. For e.g the mis-interpretation of the vertical or horizontall spillovers. It wasnt correctly done till 2007 I think and then all of a sudden they started to interpret it the way it was originally intended to be.
Technically these are basic laws laid down by congress- The interpretation of those laws is in the hands of the regulatory bodies which execute the laws. For e.g the mis-interpretation of the vertical or horizontall spillovers. It wasnt correctly done till 2007 I think and then all of a sudden they started to interpret it the way it was originally intended to be.
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house The 2011 NASCAR
wandmaker
02-26 04:37 PM
10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....
I was working on getting those documents, I was in constant touch with my employer...
two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl
If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.
I was working on getting those documents, I was in constant touch with my employer...
two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl
If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.
tattoo 26, 27 2011 SCHEDULE IS
lvinaykumar
05-14 01:04 PM
i dont see change in any of the dates...... :D
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pictures 2011 NASCAR printable Schedule
pateketu
08-17 10:22 AM
DesiGuy,
What difference did you find in work culture in UK vs US, I have heard racism and favoritism is very common when it comes to promotion and stuff, is that true?
What difference did you find in work culture in UK vs US, I have heard racism and favoritism is very common when it comes to promotion and stuff, is that true?
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reno_john
06-11 11:48 AM
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
:mad:
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
:mad:
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makeup NASCAR stats | IndyCar results
ash27
04-02 04:35 PM
Could somebody please advice if contract work on W2 as a primary employment is ok?
girlfriend 2011 nascar schedule pdf
GC_SUCK
11-02 11:03 AM
As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
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perm2gc
12-22 06:08 PM
Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
Life2Live
02-29 01:34 PM
mate have you heard of thread hijacking? anyways looks like you have a weird one...when you say "resubmitted" it seems like they have lost your application once before as well? How are they accepting 485 application for you? what category are you in and whats your pd?
Filed when date was current, it returned back by USCIS error. Resubmitted with the evidence on Nov along with the USCIS letter. Is that clarify ur doubt.
Filed when date was current, it returned back by USCIS error. Resubmitted with the evidence on Nov along with the USCIS letter. Is that clarify ur doubt.
justin150377
06-22 01:35 AM
Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present
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