lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
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desi3933
08-18 03:41 PM
You cannot combine work and education for EB2 and for EB3 it must be so noted on the Labor Cert.
Two things
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
Two things
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
priderock
06-27 04:41 PM
I have taken mine and my wife's pic using digital camera, and took the card to the walmart. They have the software where you can set the passport size. 6 photos printout costed us 30 cents each. If you have digital camera take 640X480 photo with good light. This is the best option instead of going to walgreens which chargs 2 photos 8 dollars.
USCIS is very particular about the background , shadows and lighting. Unless you have a near professional lighting in your home , you are taking a risk. The flash light you use in camera creates a shadow on the subject and/or in the back ground. That is not acceptable. Unless you have a decent camera and you know what you are doing , it is very easy to over expose in close-up shots. Be very careful.
USCIS is very particular about the background , shadows and lighting. Unless you have a near professional lighting in your home , you are taking a risk. The flash light you use in camera creates a shadow on the subject and/or in the back ground. That is not acceptable. Unless you have a decent camera and you know what you are doing , it is very easy to over expose in close-up shots. Be very careful.
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days_go_by
01-31 12:59 PM
Guys - why is the Hike in immigration fees conciding with strong opposition to funding of the Iraq War.....These funds may well go to Iraq....as Bush is not able to garner support for additional funding from congress.
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No, most of those funds will go to sister agencies like ICE to catch illegal immigrants, they will not go towards expediting processing, improving efficiency of USCIS.
01/31/2007 08:00 a.m: USCIS Proposed New Filing Fee Schedules to be Published Tomorrow
* The controversial proposed new filing fee schedules will be published in the federal register tomorrow with 30-day comment period. It is anticipated that the agency may be flooded with the comments from the immigration stakeholders and public during the period. One of the issues that may be raised is the basis of calculation of fees, to wit, whether it is required to cover the increased cost for the processing of the immigration benefits applications as caused by the inflation or, as reported in the CRS, most of the fee funds will be generated to fund the other divisions of the DHS such as ICE and CBP. For the CRS report, readers may want to reread our posting on December 22, 2006 in our Archive XIV. If it is the latter, there is a room for substantial dabate in the Congress, the DHS oversight authority, and potential lawsuits. Please stay tuned.
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No, most of those funds will go to sister agencies like ICE to catch illegal immigrants, they will not go towards expediting processing, improving efficiency of USCIS.
01/31/2007 08:00 a.m: USCIS Proposed New Filing Fee Schedules to be Published Tomorrow
* The controversial proposed new filing fee schedules will be published in the federal register tomorrow with 30-day comment period. It is anticipated that the agency may be flooded with the comments from the immigration stakeholders and public during the period. One of the issues that may be raised is the basis of calculation of fees, to wit, whether it is required to cover the increased cost for the processing of the immigration benefits applications as caused by the inflation or, as reported in the CRS, most of the fee funds will be generated to fund the other divisions of the DHS such as ICE and CBP. For the CRS report, readers may want to reread our posting on December 22, 2006 in our Archive XIV. If it is the latter, there is a room for substantial dabate in the Congress, the DHS oversight authority, and potential lawsuits. Please stay tuned.
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leoindiano
08-07 03:22 PM
PD : Nov 2004
RD : July 25 2007
140 Approval : Oct 2006
Anil, Your receipt number start with EAC****?
RD : July 25 2007
140 Approval : Oct 2006
Anil, Your receipt number start with EAC****?
syedajmal
02-11 10:18 AM
While we work on bills, is there anything that can be done without a bill but from some kind of an order from the President's office or the Head of USCIS. Getting a bill thru congress in this climate seems next to impossible ( If we could just counter the -ve bills/amendments that would be significant).
What I am trying to say is there something somewhere that can be done with just one office making the decision then we can all make a concentrated effort towards that one office as we do have a few Legal immigration friendly people at every office.
Any ideas????
What I am trying to say is there something somewhere that can be done with just one office making the decision then we can all make a concentrated effort towards that one office as we do have a few Legal immigration friendly people at every office.
Any ideas????
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Lisap
08-22 12:08 PM
So the attorney sent the package before you were actually current?
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telekinesis
02-11 03:41 PM
Who will be the tie breaker :cowboy:
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rajalan@gmail.com
11-09 01:08 PM
Still waiting for FP and no SR is filed
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Lasantha
01-04 10:39 AM
So do you mean to say that this is allowed in India? I mean polygamy. I never knew that.
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
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Gravitation
07-06 03:47 PM
Members: can you request IV to endorse this ... more than 100 people are waiting to get hear 'YES' from core...
http://immigrationvoice.org/forum/showthread.php?t=6025
thank you
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
http://immigrationvoice.org/forum/showthread.php?t=6025
thank you
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
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coloniel60
08-13 11:53 PM
As of now 10% have said that they are going to re-file. That's lot of re-filers.
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kannan
06-20 01:40 PM
My lawyer is asking 350 for EAD and 500 for AP for each person excluding filing fees.Is it normal.or Can I go to another lawyer for EAD and AP who is cheaper than my company lawyer.
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indyanguy
12-19 09:10 AM
filing of MTR does not give you status, once they accept it, yes you are in status again.
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
How long does it usually take USCIS to accept the MTR. I am assuming if it's less than 6 months then we don't have to worry about being out of status?
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
How long does it usually take USCIS to accept the MTR. I am assuming if it's less than 6 months then we don't have to worry about being out of status?
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nlssubbu
09-16 07:56 PM
Who said the worries stop at GC? When I am on H1, my family could able to go and come back from my home country when ever they want. There was no restriction on how many days they need to stay in US to keep their status valid. Their H4 status is valid as long as I retain my H1.
Now after GC, they are mandated to be present in US for 6 months in a year to retain their GC irrespective of my status and they are not happy about it :(
Some may question what am I doing in IV after GC? Visiting IV is a habit for me and I will be depressed if I don't visit IV for a day :D. I also provide some useful information regarding various immigration issues by learning and passing it on to my friends and relatives and encourage them to come and visit IV by promoting it.
Anyway I am struck to IV even after I got my GC. I hope many fellow IV's will do the same to bring many people who seek immigration under IV :)
Now after GC, they are mandated to be present in US for 6 months in a year to retain their GC irrespective of my status and they are not happy about it :(
Some may question what am I doing in IV after GC? Visiting IV is a habit for me and I will be depressed if I don't visit IV for a day :D. I also provide some useful information regarding various immigration issues by learning and passing it on to my friends and relatives and encourage them to come and visit IV by promoting it.
Anyway I am struck to IV even after I got my GC. I hope many fellow IV's will do the same to bring many people who seek immigration under IV :)
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tanu_75
07-29 03:04 PM
Probably you are right. But the issue is not the country limit!!!!!!!!
Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:
Guys we see a very unhealthy trend here where any disagreement is not tolerated. This forum is for legal skilled immigrants and we sometimes show how unskilled we are when it comes to tolerance of opinion here.
isantem, while I understand the diversity argument, when it comes to skilled immigration it doesn't really help. The data itself shows that the overwhelming number of skilled immigrants come from India/China. If the objective is to let the most skilled immigrants in, then the US should forget about diversity. Unfortunately in terms of volume and talent combined, India and China handily beat the rest of the world. Even if EB3 goes to 2002 so be it, but at least you are treating all skilled immigrants on a level playing field rather than discriminating them based on where they were born. If the US continues to do this, there is a serious danger (and this has been documented) that skilled folks in India/China will no longer find the US attractive. Its already happening with the economy booming in India. In fact, we'll probably see you or your kids standing in line for an Indian or Chinese green card in a few years (and I doubt India or China will focus on diversity when it comes to attracting the most skilled talent).
Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:
Guys we see a very unhealthy trend here where any disagreement is not tolerated. This forum is for legal skilled immigrants and we sometimes show how unskilled we are when it comes to tolerance of opinion here.
isantem, while I understand the diversity argument, when it comes to skilled immigration it doesn't really help. The data itself shows that the overwhelming number of skilled immigrants come from India/China. If the objective is to let the most skilled immigrants in, then the US should forget about diversity. Unfortunately in terms of volume and talent combined, India and China handily beat the rest of the world. Even if EB3 goes to 2002 so be it, but at least you are treating all skilled immigrants on a level playing field rather than discriminating them based on where they were born. If the US continues to do this, there is a serious danger (and this has been documented) that skilled folks in India/China will no longer find the US attractive. Its already happening with the economy booming in India. In fact, we'll probably see you or your kids standing in line for an Indian or Chinese green card in a few years (and I doubt India or China will focus on diversity when it comes to attracting the most skilled talent).
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neverbefore
07-14 02:57 AM
There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
Congratulations Dinesh! I feel very happy for you.
Could you take some time out and let us know about your H1B delay in India?
Thanks
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
Congratulations Dinesh! I feel very happy for you.
Could you take some time out and let us know about your H1B delay in India?
Thanks
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immigrant-in-law
01-28 12:30 PM
seriously? you working in some gas station too? what other advantages have you taken of the system?
Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.
Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.
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nrk
10-27 08:48 AM
landed in US with h1b visa, moved another job using EAD. never been out of status
Have you ever been illegal?
Have you ever been illegal?
betoaguirre
03-23 10:15 AM
I have received the information package from Varsha and sanjay and need to know if there is someone from Oklahoma who wants to join me and a couple more to meet the lawmakers. Please send pm.
Thnx..
Thnx..
tnite
07-04 05:26 PM
Medical - 350
Gas - 100
Photos - 60
Xerox - 50
Affidavits - 200
Hotel in NJ - 100
Paralegal Fees - 700
I flushed $1560 down the USCIS toilet
Gas - 100
Photos - 60
Xerox - 50
Affidavits - 200
Hotel in NJ - 100
Paralegal Fees - 700
I flushed $1560 down the USCIS toilet
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