eb2dec2005
10-28 10:33 AM
I applied for the renewal of my expired AP on Oct 12 which was received on Oct 14th.But neither the checks are cashes nor any reciept notice received.
Is there anybody else in the same boat,Btw, the service center is NSC.
Is there anybody else in the same boat,Btw, the service center is NSC.
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GC Struggle
03-11 03:05 PM
PM me if you have any questions
overseas
09-10 03:44 PM
Thanks for sharing this info.
Tomorrow I've Infopass at the same Lawrence office. Yes even I've to drive around 50 miles to that sh...town.
Will post my experience tomorrow afternoon.
Tomorrow I've Infopass at the same Lawrence office. Yes even I've to drive around 50 miles to that sh...town.
Will post my experience tomorrow afternoon.
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raysaikat
05-30 10:40 PM
Thanks a lot for the information.
I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
Thanks!
You are allowed a maximum of 90 days of unemployment during the 12 month OPT period. After that, you are accumulating out of status days. I do not know what is the penalty for out of status days --- typically more than 180 days of out of status days are bad.
http://edocket.access.gpo.gov/2008/E8-7427.htm
2. Periods of Unemployment During OPT
DHS regulations currently define the period of an F-1 student's
status as the time the student is pursuing a full course of study at an
SEVP-certified school or engaging in authorized post-completion OPT. 8
CFR 214.2(f)(5). They do not specify how much time the student may be
unemployed, making it difficult to determine when an unemployed student
on post-completion OPT violates the requirements for remaining in F-1
status. As status during OPT is based on the premise that the F-1
student is working, there must be a limit on unemployment, just as the
F-1 student's period in school is based on the premise that he is
actually pursuing a full-time course of study, and there are limits on
how often the student can reduce his course load. An F-1 student who
drops out of school or does not pursue a full-time course of study
loses status; an F-1 student with OPT who is unemployed for a
significant period should similarly put his status in jeopardy.
Therefore, this rule specifies an aggregate maximum allowed period of
unemployment of 90 days for students on 12-month OPT. This maximum
period increases by 30 days for F-1 students who have an approved 17-
month OPT period. In addition to clarifying the student's status, this
measure allows time for job searches or a break when switching
employers.
http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419546
4.9. Unemployment time
The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.
I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
Thanks!
You are allowed a maximum of 90 days of unemployment during the 12 month OPT period. After that, you are accumulating out of status days. I do not know what is the penalty for out of status days --- typically more than 180 days of out of status days are bad.
http://edocket.access.gpo.gov/2008/E8-7427.htm
2. Periods of Unemployment During OPT
DHS regulations currently define the period of an F-1 student's
status as the time the student is pursuing a full course of study at an
SEVP-certified school or engaging in authorized post-completion OPT. 8
CFR 214.2(f)(5). They do not specify how much time the student may be
unemployed, making it difficult to determine when an unemployed student
on post-completion OPT violates the requirements for remaining in F-1
status. As status during OPT is based on the premise that the F-1
student is working, there must be a limit on unemployment, just as the
F-1 student's period in school is based on the premise that he is
actually pursuing a full-time course of study, and there are limits on
how often the student can reduce his course load. An F-1 student who
drops out of school or does not pursue a full-time course of study
loses status; an F-1 student with OPT who is unemployed for a
significant period should similarly put his status in jeopardy.
Therefore, this rule specifies an aggregate maximum allowed period of
unemployment of 90 days for students on 12-month OPT. This maximum
period increases by 30 days for F-1 students who have an approved 17-
month OPT period. In addition to clarifying the student's status, this
measure allows time for job searches or a break when switching
employers.
http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419546
4.9. Unemployment time
The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.
more...
prem_goel
09-07 06:49 PM
the intent of Green card is to hire an immigrant since they did not file any suitable US Citizen. If your company has received a number of resumes and they are suitable for your position, then I don't believe the company and for that matter even you should move forward. I would suggest wait for a while if that's possible, and conduct the PERM process again once the market improves.
sanju_dba
09-14 01:27 PM
If you feel IV is our only hope/interpreter, then lets fuel it.
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.
Please take your poll above.
Experts can add suggestions to help it construct.
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.
Please take your poll above.
Experts can add suggestions to help it construct.
more...
TwinkleM
07-16 05:48 PM
bump...
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chanduv23
08-03 11:58 PM
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
more...
sledge_hammer
12-03 04:59 PM
Per the exerpt below, the spouse and children of a legal alien are eligible for benefits, and it will NOT effect the GC process of the primary applicant -
http://www.uscis.gov/files/article/public_cqa.pdf
Q21: If a member of an alien's family is receiving or has received public benefits, but the individual alien hasn’t, will INS or State hold this against the alien for public charge purposes?
A21: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying to INS or State for admission or to INS for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the family were reliant on their family member’s cash public benefits as its sole means of support.
In particular, alien parents do not have to worry that the INS or State will consider them to be public charges if they enroll their children in programs for which they are eligible, unless these are cash programs which provide the sole financial support for the family. This is true whether the children are U.S. citizens or non-citizens.
If a parent enrolls in TANF for cash benefits for the “child only,” this could be used by INS or State for a public charge determination concerning the parent if this cash is the sole support for the family. However, if there are other sources of support or a parent is working, then the cash assistance would not represent the family's sole source of support.
http://www.uscis.gov/files/article/public_cqa.pdf
Q21: If a member of an alien's family is receiving or has received public benefits, but the individual alien hasn’t, will INS or State hold this against the alien for public charge purposes?
A21: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying to INS or State for admission or to INS for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the family were reliant on their family member’s cash public benefits as its sole means of support.
In particular, alien parents do not have to worry that the INS or State will consider them to be public charges if they enroll their children in programs for which they are eligible, unless these are cash programs which provide the sole financial support for the family. This is true whether the children are U.S. citizens or non-citizens.
If a parent enrolls in TANF for cash benefits for the “child only,” this could be used by INS or State for a public charge determination concerning the parent if this cash is the sole support for the family. However, if there are other sources of support or a parent is working, then the cash assistance would not represent the family's sole source of support.
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crystal
07-04 10:09 PM
Are sure about whether you can go for stammping to canada when you are going for first time stamping? I think you need to go to india where they can check your education credentials. If you have done masters/bachelors in u.s then only you can go to canada i guess . I am not very sure about it though. I read it somewhere.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
more...
ajju
09-25 12:22 PM
Good find - shows the plight of legal immigrants.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Add wait time or prev unsuccesful attempts of paplying 485... So you can add... addition 4-5 years., fore unlucky people like me to be able to apply for a GC Application :D
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Add wait time or prev unsuccesful attempts of paplying 485... So you can add... addition 4-5 years., fore unlucky people like me to be able to apply for a GC Application :D
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CatsintheCraddle
05-04 05:47 PM
I have written the ombudsman with an update after their initial inquiry and two of my state senators regarding this. I am confident we sent everything requested in the RFE but it's my word against theirs since we have sent it a total of three times; in the original application, then for two RFE's. Obviously, they are not very competent or they are not telling us what document they really need becuase they keep asking for tax docs.
I only have until May 12 to make a decision because they sent the letter of denial out so late compared to when they dated the denial. By the time the ombudsman gets back to me, my window of opportunity to file a motion will be gone.
It's so frustrating to deal with these people!
I only have until May 12 to make a decision because they sent the letter of denial out so late compared to when they dated the denial. By the time the ombudsman gets back to me, my window of opportunity to file a motion will be gone.
It's so frustrating to deal with these people!
more...
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Lasantha
06-15 12:59 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
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vijay1974
07-29 06:06 PM
I think they should change the title on their page to How may I harass you? :)
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funnyman
07-04 09:16 PM
"__________________
EB3 Worldwide
PD 07/11/03
I-140 RD 02/27/06 AD 03/22/06
I-485 RD 05/07/07 filed at TSC
FP 06/02/07 (Code 3) - sent to USCIS same day
LUD 06/05/07
"
For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.
EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?
EB3 Worldwide
PD 07/11/03
I-140 RD 02/27/06 AD 03/22/06
I-485 RD 05/07/07 filed at TSC
FP 06/02/07 (Code 3) - sent to USCIS same day
LUD 06/05/07
"
For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.
EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?
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Winner
04-21 02:26 PM
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
more...
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matreen
12-17 02:21 AM
Team,
Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.
But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).
I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.
My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.
1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?
2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?
3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?
4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?
5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?
6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?
Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.
Thanks,
M
Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.
But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).
I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.
My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.
1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?
2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?
3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?
4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?
5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?
6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?
Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.
Thanks,
M
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pd_recapturing
09-04 10:41 AM
There is a confusion in following statement:
"Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested"
I read in some other forums that you do not need to wait for your PD to be current to interfile. Is that true ? My attorney is also saying that we can interfile as soon as we receive the RN. My PD is May 2004.
"Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested"
I read in some other forums that you do not need to wait for your PD to be current to interfile. Is that true ? My attorney is also saying that we can interfile as soon as we receive the RN. My PD is May 2004.
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help43
09-12 09:58 AM
Please advise on what documents that i need to submit for H1-B amendment
1) Previous employer Paystubs
2) Offer letter from new company...
3) Previous I-94
4) I-20 ...
5)-----
1) Previous employer Paystubs
2) Offer letter from new company...
3) Previous I-94
4) I-20 ...
5)-----
meridiani.planum
04-17 02:11 AM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
AC-21 for LC subsitution is same as AC-21 for non-substitution cases. same rules, requirements and regulations apply.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
AC-21 for LC subsitution is same as AC-21 for non-substitution cases. same rules, requirements and regulations apply.
rama0083
03-07 12:41 PM
My wife, who has been with me in the US since 2005, re-entered the US (after a vacation in India) on an H4 visa on JAN-18-2008 but the immigration official at the airport wrongly stamped the entry date as JAN-18-2007? The entry date on the passport is also stamped wrongly as JAN-18-2007. How big a deal is this? The expiry date of the visa is stamped correctly as Nov-2009. I read that the place to get this corrected is the US Customs and Border Protection Deferred Inspection Site where she entered (Chicago):
http://www.customs.ustreas.gov/xp/cgov/toolbox/contacts/deferred_inspection/
But when I called the office I got voice-mail. Is there any other way to get this corrected?
http://www.customs.ustreas.gov/xp/cgov/toolbox/contacts/deferred_inspection/
But when I called the office I got voice-mail. Is there any other way to get this corrected?
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