BEC_fog
07-08 03:59 PM
I just finished listening to the interview and it went great. Jay Pradhan did a nice explanation of the problems. Also the rebuttal to the low wages/job stealing issue was good.
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WeShallOvercome
07-19 03:08 PM
8 CFR Sec. 245.2(a)(4)(ii)(C) . It says:
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
mbawa2574
07-14 09:29 PM
I have left some !!!!
From now on take off Lou and Tom's clothes in every forum where you can . Point Tom's record for bashing immigrants, non-christians and non-white communities.
From now on take off Lou and Tom's clothes in every forum where you can . Point Tom's record for bashing immigrants, non-christians and non-white communities.
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bugsbunny
05-05 12:43 PM
BB: Mind pointing out what exactly is suspicious about me or my question?
And Grrrrr why only for the benefit of "others"? And I thot we were "friends"..
the suspicious part was the "utter rascals"
lol u asked the question...i was politely restating it for others
And Grrrrr why only for the benefit of "others"? And I thot we were "friends"..
the suspicious part was the "utter rascals"
lol u asked the question...i was politely restating it for others
more...
cbpds
09-23 04:31 PM
It really seemed ur in the campaiging team for Dems, hence the reply.
Admin fix was the wrong thing to do anyways, else your Obama will create 101 rules that affect everyone, the check and balance system is a good thing for US
Admin fix should happen for small regulations not a big law like the CIR.
i'm not campaigning for obama...... simply trying to set the record straight.....
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
Admin fix was the wrong thing to do anyways, else your Obama will create 101 rules that affect everyone, the check and balance system is a good thing for US
Admin fix should happen for small regulations not a big law like the CIR.
i'm not campaigning for obama...... simply trying to set the record straight.....
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
tabletpc
12-03 05:02 PM
Optimist528 is right..!!!
The rule of 180 days works out bad only if you leave your GC sponcering company before 180 days and u r 485 gets approved beofre 180 days.
Otherwise you can move the very next day after filing the 485 provided you i-140 is approved.
form the back log approval of 485 is slim for many applicant...so u can jump to new job provided your i -140 is approved...!!!!
The rule of 180 days works out bad only if you leave your GC sponcering company before 180 days and u r 485 gets approved beofre 180 days.
Otherwise you can move the very next day after filing the 485 provided you i-140 is approved.
form the back log approval of 485 is slim for many applicant...so u can jump to new job provided your i -140 is approved...!!!!
more...
manhasam
03-31 12:45 PM
Done, Thanks!b
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ChainReaction
10-19 10:24 AM
If you have an approved I140 (does not matter which company whether former, curent or future employer), you can get a 3 year H1 extension. There is nothing your current employer can do. How ever, as the others suggested above, you should find you new job and transfer your H1 by using premium processing to be on the safe side. Also apply for new GC process which would allow you to port your priority date as long as your I140 is not revoked for froad/misrepresentation. There are certain rebates on this too.
If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.
thanks tom for the reply,
I have one more question what if i am applying for the 6th year extension ( have completed 5yrs already on H1B) can i still get 3yrs extension?
thanks
If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.
thanks tom for the reply,
I have one more question what if i am applying for the 6th year extension ( have completed 5yrs already on H1B) can i still get 3yrs extension?
thanks
more...
justAnotherFile
04-04 12:04 PM
its unbelievable what has been achieved in the last 2 months.
this is also path-breaking and historical as this is the first recorded organized group of high-skilled legal immigrants fighting for their cause.
Kudos to the core team. ignore the detractors.
this is also path-breaking and historical as this is the first recorded organized group of high-skilled legal immigrants fighting for their cause.
Kudos to the core team. ignore the detractors.
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paskal
10-24 06:28 PM
see below
also please be good anough to add some details to your profile, simple things like category, PD, country etc don't reduce your anonymity in any way
Good Afternoon IV members,
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
I do not understand this. The waiver H1 is specofically exempt from the H1B quota, why did you need the lottery? If you made the lottery though, why did you not get the H1B?
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it.
Why did you not get an H1B this time?? Why come back on a J1 after all that history?
Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
You cannot. The J1 is a "scarlet letter". Each time you take one, you need a waiver for it. You will have to get one again. By the way, did you have a physician J1? My answer about the H1B being exempt was based on that presumption.
Any advice is greatly appreciated.
Have a great weekend,
Valle
also please be good anough to add some details to your profile, simple things like category, PD, country etc don't reduce your anonymity in any way
Good Afternoon IV members,
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
I do not understand this. The waiver H1 is specofically exempt from the H1B quota, why did you need the lottery? If you made the lottery though, why did you not get the H1B?
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it.
Why did you not get an H1B this time?? Why come back on a J1 after all that history?
Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
You cannot. The J1 is a "scarlet letter". Each time you take one, you need a waiver for it. You will have to get one again. By the way, did you have a physician J1? My answer about the H1B being exempt was based on that presumption.
Any advice is greatly appreciated.
Have a great weekend,
Valle
more...
karanp25
06-13 07:34 PM
Kufloyd: Did you also see a change in LUD on your spouse's (assuming you filed for dependent) I-485?
The reason i ask that question is that i am exactly in same boat as you are. Case was transferred back and forth between NSC and CSC and it's finally pending at NSC and i saw a soft LUD on my I-485 today, but no change on my wife's I-485. Do don't know, if there's a pattern to it?
The reason i ask that question is that i am exactly in same boat as you are. Case was transferred back and forth between NSC and CSC and it's finally pending at NSC and i saw a soft LUD on my I-485 today, but no change on my wife's I-485. Do don't know, if there's a pattern to it?
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eeezzz
10-19 02:58 PM
I was just thinking, the wastage of visa numbers we see, is that basically due to the per country quota. The rule that no country can have more than X% of GC's in a year, would mean that even though there are visa's available, they cannot be alloted due to that per country limit.
-AD
That is not true, otherwise ROW EB-3 should be current always.
-AD
That is not true, otherwise ROW EB-3 should be current always.
more...
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rongha_2000
05-13 05:45 PM
^^^^^^^^^^^^
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ivuser
02-16 04:27 PM
Murthy Law firm
Attorney : Shela Murthy
Page URL : http://www.murthy.com/485faq.html#13
Content:
Question 13 .
Can I leave my sponsoring employer once I get my green card? TOP
One may switch employers during the I-485 process if (a) the I-485 has been pending for over 180 days and is not yet adjudicated and (b) the offer of new employment is in the same or similar job. While the USCIS may use the description of the job duties from the DOT or the O*NET to determine similarity in jobs, they have verbally agreed that they may be willing to consider a broader definition in the future. Besides job title and description, the salary from the new employer would at least need to satisfy concerns regarding the public charge provisions and should be as closed to the amount listed on the labor certification as possible.
Clearly, the law before AC21 was passed in October 2000 required that a person continue working with the employer that sponsored the green card for at least 6 months to 1 year after obtaining the green card. Although AC21 allows the changing of employers if the I-485 is not adjudicated within 180 days, there is no change in the law with respect to the intention of the employer to offer and the employee to undertake "permanent," full-time work with the sponsoring employer for the job advertised. Keep in mind that a green card job offer is legally considered a future job offer. Therefore, the employee must have a good-faith intention to work for the employer after the green card is approved, and the employer must have a good-faith intention to employ the employee after the green card is approved. Even if one worked for the sponsoring employer for several years while pursuing the green card process, that would not count as future intent. Generally, 6 months to 1 year after obtaining the green card is a safe time period to change employment. Failure to stay at the sponsoring employer may result in problems at the naturalization stage!
Attorney : Shela Murthy
Page URL : http://www.murthy.com/485faq.html#13
Content:
Question 13 .
Can I leave my sponsoring employer once I get my green card? TOP
One may switch employers during the I-485 process if (a) the I-485 has been pending for over 180 days and is not yet adjudicated and (b) the offer of new employment is in the same or similar job. While the USCIS may use the description of the job duties from the DOT or the O*NET to determine similarity in jobs, they have verbally agreed that they may be willing to consider a broader definition in the future. Besides job title and description, the salary from the new employer would at least need to satisfy concerns regarding the public charge provisions and should be as closed to the amount listed on the labor certification as possible.
Clearly, the law before AC21 was passed in October 2000 required that a person continue working with the employer that sponsored the green card for at least 6 months to 1 year after obtaining the green card. Although AC21 allows the changing of employers if the I-485 is not adjudicated within 180 days, there is no change in the law with respect to the intention of the employer to offer and the employee to undertake "permanent," full-time work with the sponsoring employer for the job advertised. Keep in mind that a green card job offer is legally considered a future job offer. Therefore, the employee must have a good-faith intention to work for the employer after the green card is approved, and the employer must have a good-faith intention to employ the employee after the green card is approved. Even if one worked for the sponsoring employer for several years while pursuing the green card process, that would not count as future intent. Generally, 6 months to 1 year after obtaining the green card is a safe time period to change employment. Failure to stay at the sponsoring employer may result in problems at the naturalization stage!
more...
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psaxena
01-19 10:05 AM
Thought morons like you never existed..after reading your post I believe definitely they do exists. Do everyone a favor by just keeping your hands off the keyboard or this website.
Why do you think that you are doing a favor to the country as a whole by buying a house. The fact is that you are really scared to get a mortgage and put money into a asset that may continue to its value in future. The reason you are not buying the house is weak heartiness to invest money and not the immigration scare, you were just looking around a excuse to let go the idea of not buying the house.
Why do you think that you are doing a favor to the country as a whole by buying a house. The fact is that you are really scared to get a mortgage and put money into a asset that may continue to its value in future. The reason you are not buying the house is weak heartiness to invest money and not the immigration scare, you were just looking around a excuse to let go the idea of not buying the house.
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eyeopeners05@yahoo.com
09-17 02:05 PM
Techbuyer,
When did you file your I485. Reason I ask this is because if the dates are not current, how were you approved your gc if you are eb3 and your pd is 2004 jan ?
When did you file your I485. Reason I ask this is because if the dates are not current, how were you approved your gc if you are eb3 and your pd is 2004 jan ?
more...
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vnsriv
08-05 02:25 PM
Got the status update email from USCIS stating a card has been issued for my 485 application.
I am not married yet. What are the implications if I get married to a citizen of india residing in India.
Kindly refer me to appropriate material if you know of any.
Thanks,
Akshay
Surprised to see that you were unware of this. Getting GC is painful process as we all know. There are three situations
1) Don't file I-485 till you get married. Risk, you might have already used 6 years on H1.
2) File your I-485 and get quickly married , then you can add your spouse. Do a court marriage in US and later you can do a marriage ceremony in India.
3) File your I-485 and get green card with out having chance to add your spouse
Since you fall in category 3, your situation may be worst.
Couple of options
1) If the girl(or guy :)) is in US, absolutely no problem. Only thing is if girl is already in US, you will get lot of family pressure from girl side.Have to compromise on lots of things. May be will become a house husband.
2) Girl from India, now you have to find a really smart girl who can get admission to universities or pass TOFEL GRE etc with flying colors. Then long distance affair starts. Girl in city X studying guy in city Y. Meeting once in a month. Lossing lot of money on commute and mental peace.The girl will have now her own friend circle and over period of time she might start liking someone else. Based on real situations.
3) Move to Canada and apply for Canadian citizenship. That's easier to get and easier to bring spouse there. But again you won't be able to bring her to US
4) Wait for 5 years. Who will want to wait for you 5 years.
Best Option
Return to your home country and enjoy life there. Believe me you won't have never any regret in life. It's just not worth for all the pains and miseries it bring in one's life. GC : Grievance Card.
Good luck with whatever you decide.
Cheers
Happy Independence Day 15th Aug
I am not married yet. What are the implications if I get married to a citizen of india residing in India.
Kindly refer me to appropriate material if you know of any.
Thanks,
Akshay
Surprised to see that you were unware of this. Getting GC is painful process as we all know. There are three situations
1) Don't file I-485 till you get married. Risk, you might have already used 6 years on H1.
2) File your I-485 and get quickly married , then you can add your spouse. Do a court marriage in US and later you can do a marriage ceremony in India.
3) File your I-485 and get green card with out having chance to add your spouse
Since you fall in category 3, your situation may be worst.
Couple of options
1) If the girl(or guy :)) is in US, absolutely no problem. Only thing is if girl is already in US, you will get lot of family pressure from girl side.Have to compromise on lots of things. May be will become a house husband.
2) Girl from India, now you have to find a really smart girl who can get admission to universities or pass TOFEL GRE etc with flying colors. Then long distance affair starts. Girl in city X studying guy in city Y. Meeting once in a month. Lossing lot of money on commute and mental peace.The girl will have now her own friend circle and over period of time she might start liking someone else. Based on real situations.
3) Move to Canada and apply for Canadian citizenship. That's easier to get and easier to bring spouse there. But again you won't be able to bring her to US
4) Wait for 5 years. Who will want to wait for you 5 years.
Best Option
Return to your home country and enjoy life there. Believe me you won't have never any regret in life. It's just not worth for all the pains and miseries it bring in one's life. GC : Grievance Card.
Good luck with whatever you decide.
Cheers
Happy Independence Day 15th Aug
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karthkc
07-16 05:14 PM
On the left upper hand corner of every post you will find 3 icons. Click on middle one and a drop down menu pops out. If you click -- I approve then its a green dot and if you click I disapprove then its a red.
Correct me if I am wrong.
Thanks! I finally found it..
Slight Correction...Its the upper right hand corner, next to the post #...
Correct me if I am wrong.
Thanks! I finally found it..
Slight Correction...Its the upper right hand corner, next to the post #...
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sjhugoose
February 4th, 2004, 08:09 PM
The failure of the D2H to be even remotely competitive with the 1D Mk 11 even though both cameras had similar development cycles is simply a embarrassment.
But Pope I thought 4 MP is all PJ's want ;)
But Pope I thought 4 MP is all PJ's want ;)
DianaSteve
05-24 06:15 PM
He was reading some immigration article that was published today and quoted immigrationvoice from that article. He is against immigration legal or illegal.
glub
04-03 01:17 PM
This is also key for people having questions about travel on AP:
AILA requests that USCIS confirm in a policy memorandum that an individual whose application for adjustment of status remains pending is lawfully present in the United States regardless of the fact that the individuals advance parole related Form I-94 may have expired.
Response: No unlawful presence begins to accrue upon the expiration of an I-94 where the subject of the I-94 has an I-485 properly pending before USCIS.
We will review whether your concerns warrant clarification in the form of a policy memorandum.
AILA requests that USCIS confirm in a policy memorandum that an individual whose application for adjustment of status remains pending is lawfully present in the United States regardless of the fact that the individuals advance parole related Form I-94 may have expired.
Response: No unlawful presence begins to accrue upon the expiration of an I-94 where the subject of the I-94 has an I-485 properly pending before USCIS.
We will review whether your concerns warrant clarification in the form of a policy memorandum.
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