ksircar
07-01 01:52 PM
My daughter is in college and I was wondering if there is any chance of getting a FAFSA loan for her with I-485 application applied in July 2007.
Thanks
Please read the discussion threads under Student aid at the EAD stage .
Thanks
Please read the discussion threads under Student aid at the EAD stage .
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gaz
08-13 07:41 AM
his predictions were so accurate ... black 'copters landed and took him away... :p
H1Girl
10-13 02:52 PM
Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.
Thanks!
As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )
Thanks!
As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )
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senk1s
11-09 01:28 AM
We were not even included in this counting :)
our ND is in Oct
our ND is in Oct
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unaikax
01-04 07:15 PM
I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?
Libra
08-10 03:08 PM
from your signature it says you contributed and you voted 'no', am i missing something here?
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browncow
05-20 09:43 PM
From what I understand, if you have an H1b extended based on your Labor or I140 approval, if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
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capriol
04-15 02:49 PM
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
more...
piyu7444
04-01 02:32 PM
What was your exact PD (Day?) Nov 21 2006
2. Which service center did you file with? Texas
3. What day did you file in July? Are you in any special category with EB2 like NIW? No special category and I filed on Jul 1 and my application reached USCIS on Jul 2
4. What is your country of chargeability? Are you cross chargeable to any other country? India and no crosscharge.........
Hope this helps..
2. Which service center did you file with? Texas
3. What day did you file in July? Are you in any special category with EB2 like NIW? No special category and I filed on Jul 1 and my application reached USCIS on Jul 2
4. What is your country of chargeability? Are you cross chargeable to any other country? India and no crosscharge.........
Hope this helps..
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pappu
03-17 03:55 PM
Upcoming Teleconference
Export Controls Requirements on Form I-129: A Conversation with the Commerce Department
March 24, 2011, 2:00 – 3:00 p.m. EDT
The Ombudsman’s Office invites you to participate in a public teleconference on the new USCIS requirement on Form I-129 that asks certain petitioners to certify whether an export controls license is required for the release of controlled technology or technical data to a beneficiary. The Ombudsman’s Office will interview Commerce Department officials on when an export controls license is required and will moderate a question and answer session between teleconference participants and the Commerce Department officials.
How to Participate
To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return e-mail with the call-in information.
Teleconference procedures
1.
To ensure your participation, we encourage you to RSVP 48 hours before the call.
2.
Please send us your questions and issues related to the teleconference topics ahead of the call.
If you are unable to participate in these calls, please visit our Web page at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman) for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
Export Controls Requirements on Form I-129: A Conversation with the Commerce Department
March 24, 2011, 2:00 – 3:00 p.m. EDT
The Ombudsman’s Office invites you to participate in a public teleconference on the new USCIS requirement on Form I-129 that asks certain petitioners to certify whether an export controls license is required for the release of controlled technology or technical data to a beneficiary. The Ombudsman’s Office will interview Commerce Department officials on when an export controls license is required and will moderate a question and answer session between teleconference participants and the Commerce Department officials.
How to Participate
To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return e-mail with the call-in information.
Teleconference procedures
1.
To ensure your participation, we encourage you to RSVP 48 hours before the call.
2.
Please send us your questions and issues related to the teleconference topics ahead of the call.
If you are unable to participate in these calls, please visit our Web page at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman) for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
more...
pablo8000
04-16 07:36 PM
Hello,
Thanks a lot for your answers.
Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.
I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.
Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.
I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.
When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.
I will be very grateful if you can give me your point of view about my case and share your experiences.
Thanks a lot
Thanks a lot for your answers.
Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.
I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.
Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.
I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.
When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.
I will be very grateful if you can give me your point of view about my case and share your experiences.
Thanks a lot
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glus
10-09 01:07 PM
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.
As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.
Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.
Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.
As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.
Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.
Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.
more...
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krishna.ahd
10-15 03:58 PM
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
Start with this - much simpler
http://money.cnn.com/magazines/moneymag/money101/lesson4/
or this
http://www.fool.com/investing/basics/index.aspx?source=ifltnvpnv0000001
Good Luck
BTW , there are supposed to be lot of police around here , looks like all are set with GC
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
Start with this - much simpler
http://money.cnn.com/magazines/moneymag/money101/lesson4/
or this
http://www.fool.com/investing/basics/index.aspx?source=ifltnvpnv0000001
Good Luck
BTW , there are supposed to be lot of police around here , looks like all are set with GC
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desi3933
06-11 02:39 PM
I am in my 8 yr. Have a H1-B approved Untill 2008 Dec
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
3 year H1 extension from date of application (for example: June 2007 to June 2010).
If you move to Company B, you need to restart GC (i.e. new LC and new 140). One can port PD from old 140 to new I-140, however there is a risk involved if the previous I-140 is revoked or canceled.
--------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
3 year H1 extension from date of application (for example: June 2007 to June 2010).
If you move to Company B, you need to restart GC (i.e. new LC and new 140). One can port PD from old 140 to new I-140, however there is a risk involved if the previous I-140 is revoked or canceled.
--------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
more...
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optimystic
03-19 02:44 PM
Well...my PD is current and my RD at Nebraska is also current as per thier processing times. But still no LUDs or any other updates so far :( (its been 19 days since my PD became current)
I already spoke to USCIS IO one week back, and was told its a bit too early, and wait for 45 days and call back if nothing happens until then. They weren't willing to give me the status whether my Namecheck crossed 180 days.
Just going to wait until April 1, and then call them again. Or get an INFOPASS . What do the gurus suggest?
[EB3 - I , PD May 2001, RD July 30 07, Nebraska ]
I already spoke to USCIS IO one week back, and was told its a bit too early, and wait for 45 days and call back if nothing happens until then. They weren't willing to give me the status whether my Namecheck crossed 180 days.
Just going to wait until April 1, and then call them again. Or get an INFOPASS . What do the gurus suggest?
[EB3 - I , PD May 2001, RD July 30 07, Nebraska ]
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GCard_Dream
07-13 04:37 PM
This is one of the most funniest post I have seen today. Great job. You should send this classification to USCIS and ask them to process cases based on the number and color of dots each member has. Forget about EB1, EB2, and EB3. :D
Well.. the good news is that according your classification, no one is being deported or is a criminal. That's a relief. :D
By the way, I gave you a reputation point and now you are up to 2 green dots. You'll get your GC faster now. CONGRATULATIONS!
The software has an AI program that determines how likely you are to get a GC based on the info that you gave while registering and shows the square accordingly. So if you have
one green sqaure you will get it in 4-6 years
two green squares means 2-4 years
one red square means that your name is stuck in FBI name check and could take 6-8 years
two red squares means your deportation hearing is coming up any time now
three red squares means you are a most wanted criminal :D :D
Actually the square colors are determined by the judgment calls made fellow members. You can make this call by clicking on the weight scale image above each post. Now if only you would give me a favorable vote for explaining this in detail.:)
Well.. the good news is that according your classification, no one is being deported or is a criminal. That's a relief. :D
By the way, I gave you a reputation point and now you are up to 2 green dots. You'll get your GC faster now. CONGRATULATIONS!
The software has an AI program that determines how likely you are to get a GC based on the info that you gave while registering and shows the square accordingly. So if you have
one green sqaure you will get it in 4-6 years
two green squares means 2-4 years
one red square means that your name is stuck in FBI name check and could take 6-8 years
two red squares means your deportation hearing is coming up any time now
three red squares means you are a most wanted criminal :D :D
Actually the square colors are determined by the judgment calls made fellow members. You can make this call by clicking on the weight scale image above each post. Now if only you would give me a favorable vote for explaining this in detail.:)
more...
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AirWaterandGC
05-12 10:14 AM
This is what I received :
Thank you for taking action on AILA's Contact Congress website. If you'd like to get more involved in our advocacy efforts, please contact AILA's Manager of Grassroots Advocacy, Jenny Levy.
Your message was sent to:
Senator Norm Coleman (R-MN)
Senator Amy Klobuchar (D-MN)
Representative Keith M. Ellison (D-MN 5th)
Thank you for taking action on AILA's Contact Congress website. If you'd like to get more involved in our advocacy efforts, please contact AILA's Manager of Grassroots Advocacy, Jenny Levy.
Your message was sent to:
Senator Norm Coleman (R-MN)
Senator Amy Klobuchar (D-MN)
Representative Keith M. Ellison (D-MN 5th)
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immigrationvoice1
02-27 01:08 PM
Hope this documents appears in the sites run by the "anti-employment based immigrants" supporters.
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Jim77
10-15 12:31 PM
You can buy a confirmed ticket to India, take an Infopass appointment, and tell the Immigration Officer of your urgency to travel to India. Give him a copy of the ticket, a copy of your AP LIN/SRC and he/she should be able to get it expedited for you hopefully. This is my experience, plus I feel you have enough time until January.
harishgowda
05-19 08:08 AM
Hello,
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
desi3933
02-21 08:29 AM
......
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
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