nixstor
07-01 01:26 PM
I am not sure if I am reading this right or not, go this page
http://www.imminfo.com/resources/cis-sop-aos/3-7.html
and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.
So any one who has entered US before (07/02/06) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?
Guys,
Can some read the SOP in the above quote and figure out what they are trying to say?
http://www.imminfo.com/resources/cis-sop-aos/3-7.html
and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.
So any one who has entered US before (07/02/06) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?
Guys,
Can some read the SOP in the above quote and figure out what they are trying to say?
swartzphotography
November 24th, 2005, 11:03 PM
well the short answer is i like the light picture better. now i am sure that is not all your after is which one but also why. to me the photo is just jumping out at me more dark images have there place but for this particular type of image i think the lighter pictures lend better to flowers
FinalGC
12-02 02:55 PM
I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change>>>
>>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....
You cannot transfer to H4, since the 6 year limit is for the "H" category.
I dont think you can work on OPT immediately after applying for F1.
As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
=> Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)
>>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....
You cannot transfer to H4, since the 6 year limit is for the "H" category.
I dont think you can work on OPT immediately after applying for F1.
As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
=> Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)
Ramba
12-23 04:11 PM
If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?
No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.
No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.
more...
sriramkalyan
01-02 11:19 AM
!!! Canada!!!
tonyHK12
12-02 10:29 AM
As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
We can use all the help we can get. Could you send details of this to our moderators StarSun and Pappu.
I will also indicate this to our admins at Donor forum to check how they can best use your employer's help and get back.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
We can use all the help we can get. Could you send details of this to our moderators StarSun and Pappu.
I will also indicate this to our admins at Donor forum to check how they can best use your employer's help and get back.
more...
DallasBlue
08-23 08:55 PM
I am new here, Could anyone explain what is Texas State Chapter Activation about? how does that work? thanks!
welcome to IV!!
Members from the state chapters carry out local activites at the city/state/regional levels.
This message thread 'Texas State Chapter Activation' is/was created to bring together members from Texas, when the state chapter was activated some time back.
Like explained in the above post, join/subscribe to the Texas State Chapter Yhaoo group and you will hear more from the Texas members about the local activities. Hope to see you in texasiv.
welcome to IV!!
Members from the state chapters carry out local activites at the city/state/regional levels.
This message thread 'Texas State Chapter Activation' is/was created to bring together members from Texas, when the state chapter was activated some time back.
Like explained in the above post, join/subscribe to the Texas State Chapter Yhaoo group and you will hear more from the Texas members about the local activities. Hope to see you in texasiv.
msp1976
01-31 06:03 AM
If one transfers H1 after I140 approval, employers should have no reason to withdraw the I140. Unless ofcourse for revenge :)
Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.
Yeah..
In fact the act of withdrawing also costs money which many employers would not be willing to pay...
Good one....Never thought of it this way...
Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.
Yeah..
In fact the act of withdrawing also costs money which many employers would not be willing to pay...
Good one....Never thought of it this way...
more...
newuser
10-06 04:06 PM
I was recently audited by Someone from Dept of Homeland Security regarding my H1-B visa status.He asked several questions regarding my position,job duties,pay,work hrs
How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.
I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.
Does any one else had same experience?
Unless you fill your profile, nobody will trust you. Anti's are trying to get some negative comments and feed their agenda
How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.
I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.
Does any one else had same experience?
Unless you fill your profile, nobody will trust you. Anti's are trying to get some negative comments and feed their agenda
Curious_Techie
09-30 12:42 PM
Does the online status change if an RFE is issued? or we just receive the RFE via Postal mail ?
more...
jungalee43
06-29 05:51 PM
Hey guys. Please help me. for the first time I am posting a question.
All my details are in this thread.
"http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/11341-did-anyone-actually-use-ac21-11.html#post420955"
Now after AC21 - Two RFEs on that - gap in EAD I have received a notice for initial interview. It basically says: -
Who should come with you?
if the petition is based on your marriage, your petitioner spouse.
if the petition is based on parental relationship, your sponsoring parents or child.
What should you bring with you.
All EADs, Travel documents, all I-94s etc.
Originals and copies of All the supporting documentation submitted with the application.
Birth certificates.
Letter from current employer and last IT returns.
We have not received any notice for my wife. There is no LUD on any case for last one month. And the case is at national benefits Center, interview in Atlanta. I am just confused. What does this mean? What is meant by all supporting documentation submitted with the application?
I am completely confused, worried and getting tense. Can anyone throw some light on this please????????????????
__________________________________________________ ________________
Donation to IV $1000+ so far.
All my details are in this thread.
"http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/11341-did-anyone-actually-use-ac21-11.html#post420955"
Now after AC21 - Two RFEs on that - gap in EAD I have received a notice for initial interview. It basically says: -
Who should come with you?
if the petition is based on your marriage, your petitioner spouse.
if the petition is based on parental relationship, your sponsoring parents or child.
What should you bring with you.
All EADs, Travel documents, all I-94s etc.
Originals and copies of All the supporting documentation submitted with the application.
Birth certificates.
Letter from current employer and last IT returns.
We have not received any notice for my wife. There is no LUD on any case for last one month. And the case is at national benefits Center, interview in Atlanta. I am just confused. What does this mean? What is meant by all supporting documentation submitted with the application?
I am completely confused, worried and getting tense. Can anyone throw some light on this please????????????????
__________________________________________________ ________________
Donation to IV $1000+ so far.
Rockford
07-17 02:39 PM
And this is from Greg himself:
The American Immigration Lawyers Association is now telling members not to expect an announcement today. It is not clear why USCIS has delayed an announcement, but I will report as I learn more....
The American Immigration Lawyers Association is now telling members not to expect an announcement today. It is not clear why USCIS has delayed an announcement, but I will report as I learn more....
more...
pappu
11-06 10:13 AM
I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
Thanks,
Sury
-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER
Recieved EAD Card and FP done.
-------------------------------
with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
shishya
09-27 12:43 AM
Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
more...
Curious_Techie
09-30 12:42 PM
Does the online status change if an RFE is issued? or we just receive the RFE via Postal mail ?
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.
more...
dealsnet
11-08 02:06 PM
Family based, majority (90%) is done by consular processing. AOS mostly for EB based. Petition for relatives is from the mother country, who is not present in USA for AOS. Yes - I agree with andy garcia
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
fundo14
10-15 02:08 PM
Hi All,
I received an RFE on my pending 485 application:
Here is my case:
I am a derivative applicant working on my own H1
Here is the content of the RFE:
1. Please submit a properly completed form G325A. Submit all the documentary evidence to support your employment history listed in form G325A.
2. Clear copies of form W2 wage and Tax statements
3. Complete copies of properly filed Tax returns (IRS Form 1040)
4. Any additional document which confirms your employment history.
5. You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
I can easily provide all the docs above (from number 1 to 4) but I am surprised why I am asked to provide a letter from my intended permanent employer since I am derivative applicant.
Anyone else in the same boat? please share your experience/ suggestion.
Thanks!
I received an RFE on my pending 485 application:
Here is my case:
I am a derivative applicant working on my own H1
Here is the content of the RFE:
1. Please submit a properly completed form G325A. Submit all the documentary evidence to support your employment history listed in form G325A.
2. Clear copies of form W2 wage and Tax statements
3. Complete copies of properly filed Tax returns (IRS Form 1040)
4. Any additional document which confirms your employment history.
5. You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
I can easily provide all the docs above (from number 1 to 4) but I am surprised why I am asked to provide a letter from my intended permanent employer since I am derivative applicant.
Anyone else in the same boat? please share your experience/ suggestion.
Thanks!
krishnam70
06-18 11:40 AM
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
1. Your Evidence of legal stay can be gathered from the stamps in passport
2. Take copy of each page of your passport and write a letter with each entry and exit date and the category in which you were admitted in to the country.
3. O-visa is dual intent.
http://www.greencardlawyers.com/workvisas/O-1visa.html
4. Even if they harp upon your stay of 6 months without a status, it should be wiped clean once you were admitted back in to the country. I think there is a precedent and law for this. cannot recall it right now.
5. I think they are looking for information from your side and the burden of proof is on you to prove that you have been in legal status. Provide all the documentation and sit back. In case of any issues attorney's are there to handle it...
- good luck
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
1. Your Evidence of legal stay can be gathered from the stamps in passport
2. Take copy of each page of your passport and write a letter with each entry and exit date and the category in which you were admitted in to the country.
3. O-visa is dual intent.
http://www.greencardlawyers.com/workvisas/O-1visa.html
4. Even if they harp upon your stay of 6 months without a status, it should be wiped clean once you were admitted back in to the country. I think there is a precedent and law for this. cannot recall it right now.
5. I think they are looking for information from your side and the burden of proof is on you to prove that you have been in legal status. Provide all the documentation and sit back. In case of any issues attorney's are there to handle it...
- good luck
joydiptac
09-30 05:33 PM
AILA Leadership Has Just Posted the Following:
Dear Director Mayorkas:
Last week in a speech you ...
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
What is AILA complaining about?
The fee increase? really??:D
or Increased business that they are getting because of RFEs or that USCIS has become efficient and has pre-adjudicated most of the waiting applications by interviewing, RFEs and actual site visits.
Oops! Did I just say that. My bad! Sorry! I should probably have said "Naughty USCIS!!!" USCIS is closing files that AILA wants to remain open forevverr so that the juice keeps flowing.:D
AILA - consider rephrasing your statements these are too transparent. And ... Speak for yourself.
READ THIS:
We the immigrants (customers of USCIS) are perfectly fine with RFEs and interviews and site visits as long as it leads to PRE-ADJUDICATION and green card. Most of us don't even mind paying extra to end this wait. If AILA is really concerned about us please try to do something in that direction so that we can get relief by recapture or thru new legislation or admin fixes.
Dear Director Mayorkas:
Last week in a speech you ...
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
What is AILA complaining about?
The fee increase? really??:D
or Increased business that they are getting because of RFEs or that USCIS has become efficient and has pre-adjudicated most of the waiting applications by interviewing, RFEs and actual site visits.
Oops! Did I just say that. My bad! Sorry! I should probably have said "Naughty USCIS!!!" USCIS is closing files that AILA wants to remain open forevverr so that the juice keeps flowing.:D
AILA - consider rephrasing your statements these are too transparent. And ... Speak for yourself.
READ THIS:
We the immigrants (customers of USCIS) are perfectly fine with RFEs and interviews and site visits as long as it leads to PRE-ADJUDICATION and green card. Most of us don't even mind paying extra to end this wait. If AILA is really concerned about us please try to do something in that direction so that we can get relief by recapture or thru new legislation or admin fixes.
immi_seeker
07-12 08:31 PM
Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june. On july 7th our application was approved and today we recieved our EAD cards. I was expecting a one year extension , which is until 10/01/2009. But USCIS send us ead cards that will expire on 01/01/2009.
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
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