kondur_007
07-24 10:26 AM
???
It really will not matter a whole lot whether you mark Yes to all three or only to the third one. What you do need to do is attach an explanation (that your wife has filed 485, copy of 485 receipt and cover letter explaining that it was filed as a "dependent" petition to your immigration petition).
This questions (all three of them) are designed to screen people with immigrant intent (the whole purpose is to answer the question: does this person have immigrant intent) and once you answer one of them yes, it serves the purpose.
Immigrant intent does not matter for H, O, P visa categories as they are exempt from sec 214(b).
So in nutshell, it would not matter whether you mark all three yes or only third one yes. If I were to be you, I will mark them all yes and attach the explanation (very brief, with highlighted statement that says that she has filed 485 and receipt is attached).
Good Luck, and yes, send it ASAP...:)
It really will not matter a whole lot whether you mark Yes to all three or only to the third one. What you do need to do is attach an explanation (that your wife has filed 485, copy of 485 receipt and cover letter explaining that it was filed as a "dependent" petition to your immigration petition).
This questions (all three of them) are designed to screen people with immigrant intent (the whole purpose is to answer the question: does this person have immigrant intent) and once you answer one of them yes, it serves the purpose.
Immigrant intent does not matter for H, O, P visa categories as they are exempt from sec 214(b).
So in nutshell, it would not matter whether you mark all three yes or only third one yes. If I were to be you, I will mark them all yes and attach the explanation (very brief, with highlighted statement that says that she has filed 485 and receipt is attached).
Good Luck, and yes, send it ASAP...:)
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HumHongeKamiyab
04-08 10:59 PM
Then what do you do if you dont have a candian permit ??
Hope the following link will make it clear.. Probably, You have to go back to your home country for stamping if your visa is rejected in canada..
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
--HumHongeKamiyab
Hope the following link will make it clear.. Probably, You have to go back to your home country for stamping if your visa is rejected in canada..
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
--HumHongeKamiyab
singhsa3
08-19 08:03 AM
Forgive me but being an active volunteer I am seeing state of the affair so was compelled to make these comments.
You are on 8th year of extension and this is a very stressful moment for you.
IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.
We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.
If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
You are on 8th year of extension and this is a very stressful moment for you.
IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.
We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.
If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
2011 Happy New Year mofit
REQUIRE_GC
08-03 11:14 PM
I have a follow-up question. If I do not get my EAD before my current one expires, am i out of status? I have a LIN number for the renewal submission.
As long as You have Applied in Time You are not Out of status. If you have crossed 90 days , you can go to local immigration office and request for the temporary permit.
I submitted renewal on July 12, and I received an email on saturday for Card Production ordered and I did not receive any FP notice for renewal.
Hope this answers your question
As long as You have Applied in Time You are not Out of status. If you have crossed 90 days , you can go to local immigration office and request for the temporary permit.
I submitted renewal on July 12, and I received an email on saturday for Card Production ordered and I did not receive any FP notice for renewal.
Hope this answers your question
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fearonlygod
11-13 08:44 PM
Hi Guys,
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
eb3_nepa
08-14 04:16 PM
never though i could get so much experience with neurosis (mine and everyone else's) in a such a short time...guess i should thank USCIS- and apply for EB1 as a international expert :D:p
Paskal maybe you should call up USCIS NSC and ask them the names of all their Mail room clerks. Tell them ur calling on behalf of Homeland security!:p
Then call up UPS, USPS, DHL and Fedex to get the common times when the delivery trucks stopped by NSC to drop off applications and threaten to sue them if they dont give u exact details of number of applications dropped off with each delivery. Once again tell them its a matter of national security!!
Finally create a POLL of Delivery Times v/s Mail room clerk and combine all threads. ;)
Paskal maybe you should call up USCIS NSC and ask them the names of all their Mail room clerks. Tell them ur calling on behalf of Homeland security!:p
Then call up UPS, USPS, DHL and Fedex to get the common times when the delivery trucks stopped by NSC to drop off applications and threaten to sue them if they dont give u exact details of number of applications dropped off with each delivery. Once again tell them its a matter of national security!!
Finally create a POLL of Delivery Times v/s Mail room clerk and combine all threads. ;)
more...
rajeshalex
10-01 04:34 PM
We can suggest this to ombudsman. Its wastage of time and money on the applicant and the USCIS(tax payers money)
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jasmin45
03-14 09:34 AM
Most of the american students (not all) does not develop the attitude and key qualities required for Higher education in science and technology. As per my observation, lot of them seems to have high ambition, which is good, but no focus on means to achieve it.
Overall development of personality and physique is good but the psychological preparedness to tackle the technical and scientific problem is lacking at a high degree. This can be attributed to the basic education system where the focus is on external physical and social development and hence they have good qualities for marketing but majority of the folks fail to realize that and instead of finetunning the strengths the lack of focus keep then working on other aspects during entire teen years. This is where they need direction from education specialists.
This is in contrast to what we see in south east asian countries where the focus is not on external and physical development but on cultivation of attitude and psychological preparedness which turns the students into science and technology much more than sports and fashion.
Even now their standard set for 3rd grade and 5th graders are way too low compared to Asian and European 1st & 2nd grades. Whole number to fractions transition does not take 2 grades. But understandably so, sudden changes in education standards will be harder on kids in immediate generation as the base is not set. Next gen will benefit.
There are pros and cons in both the system but the key is what is needed for the economy. Right now it is science and techno graduates in US and their system does not support it. It is hard to make that shift but If they can successfully put it together, in next 20 years you will see a fair amount of science and technology graduates in US which will include US born kids generation of immigrant population.
Overall development of personality and physique is good but the psychological preparedness to tackle the technical and scientific problem is lacking at a high degree. This can be attributed to the basic education system where the focus is on external physical and social development and hence they have good qualities for marketing but majority of the folks fail to realize that and instead of finetunning the strengths the lack of focus keep then working on other aspects during entire teen years. This is where they need direction from education specialists.
This is in contrast to what we see in south east asian countries where the focus is not on external and physical development but on cultivation of attitude and psychological preparedness which turns the students into science and technology much more than sports and fashion.
Even now their standard set for 3rd grade and 5th graders are way too low compared to Asian and European 1st & 2nd grades. Whole number to fractions transition does not take 2 grades. But understandably so, sudden changes in education standards will be harder on kids in immediate generation as the base is not set. Next gen will benefit.
There are pros and cons in both the system but the key is what is needed for the economy. Right now it is science and techno graduates in US and their system does not support it. It is hard to make that shift but If they can successfully put it together, in next 20 years you will see a fair amount of science and technology graduates in US which will include US born kids generation of immigrant population.
more...
jiraprapaasa
04-13 11:47 AM
Did you 4 years old get a visa yet? How about your neice and nephew? The agent in Thailand called my niece mother and ask for money in order to prepare her paperwork for an interview. Do you think she should hire an agent there to make sure she got everything correctly.
I have no ideas about 12 years old going to the interview. Have no clue what kinds of question?
I have no ideas about 12 years old going to the interview. Have no clue what kinds of question?
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gotgc?
09-14 10:20 AM
Thanks for all your replies!
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
You are fine man..I was in the same situation as yours...I had filed for LC Sub I140 in June 2006 and it was pending. I filed I-485 in July 2007 based on this I-140. Then I filed another I-140 in Jan 2008 based on my original labor and it was approved in Feb 2008. All this time, my first I140 was pending and it was denied in Sep 2008. I thought I am ggoing to lose my I-485 because it was filed based on that.
My lawyers confirmed me from AILA Inquiry that my I-485 will still be active based on the I-140 approved in Feb 2008. You dont need any re-linking. All USCIS needs ti keep I-485 active is one approved I-140. I confirmed this with 2 Info pass appts. My I-485 is pre-adjudicated status and it has been 2 years...got multiple EADs, AP, travelled and came in..no issues...so dont worry. Your I-485 will be actibe based on your approved I-140. You dont need any re-links.
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
You are fine man..I was in the same situation as yours...I had filed for LC Sub I140 in June 2006 and it was pending. I filed I-485 in July 2007 based on this I-140. Then I filed another I-140 in Jan 2008 based on my original labor and it was approved in Feb 2008. All this time, my first I140 was pending and it was denied in Sep 2008. I thought I am ggoing to lose my I-485 because it was filed based on that.
My lawyers confirmed me from AILA Inquiry that my I-485 will still be active based on the I-140 approved in Feb 2008. You dont need any re-linking. All USCIS needs ti keep I-485 active is one approved I-140. I confirmed this with 2 Info pass appts. My I-485 is pre-adjudicated status and it has been 2 years...got multiple EADs, AP, travelled and came in..no issues...so dont worry. Your I-485 will be actibe based on your approved I-140. You dont need any re-links.
more...
anjans
07-11 02:52 PM
hold on tight and hope for the best
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donsimahajan
06-20 05:46 PM
The reason why EB2 India is moving so fast is because people with 2001 PDs are stuck in BECs. Once they come to apply for I-140/I-485, EB2 India PD will retrogress to 2001 again. So the progress you are watching is an illusion.
That's a good point. It will be terrible to see the dates retrogress again. There's no end to this.
Donsi
That's a good point. It will be terrible to see the dates retrogress again. There's no end to this.
Donsi
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sduddukuri
04-07 07:49 PM
I said "NO". my lawyer suggested to file it as NO. We left country within 2 days after we came to know about the denial
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anu_t
08-13 06:05 PM
joining back to EB2 company is the only option I see. But if EB2 company doesn't exist , this is a unique situation. Talk with the lawyer immidiately.
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jasmin45
07-12 08:46 PM
Lets discuss this after we deal with July Feasco. no offence to you as you are free to keep moving this post of yours... its just my oppinion and of most in this thread as well.. One issue at a time!
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kumar_77
06-15 09:16 AM
I have been a contributing for a long time and i will do to do so , there are lot of people still struck in back log , who supported us from the beginning , and more over we are filing 485 ....we still have a long way to go remember..
kumar
kumar
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smuggymba
10-05 11:00 AM
^^
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
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10dulkar
08-14 03:26 PM
Since July 2nd people can claim they sent when VB was showing current. July17th onward will have revised VB.
No status for July3rd to July16 applications.:eek:
They might do that. I agree this is shaky ground.
No status for July3rd to July16 applications.:eek:
They might do that. I agree this is shaky ground.
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gc28262
06-27 10:48 AM
Hi,
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
Please refer to Murthy site link here
http://www.murthy.com/news/UDtermh1.html
Q4.Can I apply for a status other than H1B if I am being laid off?
A. In certain circumstances, an H1B employee may be able to apply for another status. There are a number of different options. Depending on a person's individual circumstances, one may qualify for one of these categories.
Viable options may include F-1 (student status), H-4 or F-2 (dependent of an H1B or F-1 spouse, respectively) and B-2 (tourist) or B-1 (business status). While such a changecould help one stay in status, it is important to ensure that the eligibility criteria are met for whichever status one opts. INS has confirmed that a laid-off H1B worker may apply for a visitor�s visa in order to look for employment. However, a person who is on a status other than an H1B may no longer be able to enjoy the benefits of H1B portability and will be subject to the H-1 cap. This may be the only available option if the applicant's I-94 is expiring, but should not be done without a full understanding of the legal and other consequences.
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
Please refer to Murthy site link here
http://www.murthy.com/news/UDtermh1.html
Q4.Can I apply for a status other than H1B if I am being laid off?
A. In certain circumstances, an H1B employee may be able to apply for another status. There are a number of different options. Depending on a person's individual circumstances, one may qualify for one of these categories.
Viable options may include F-1 (student status), H-4 or F-2 (dependent of an H1B or F-1 spouse, respectively) and B-2 (tourist) or B-1 (business status). While such a changecould help one stay in status, it is important to ensure that the eligibility criteria are met for whichever status one opts. INS has confirmed that a laid-off H1B worker may apply for a visitor�s visa in order to look for employment. However, a person who is on a status other than an H1B may no longer be able to enjoy the benefits of H1B portability and will be subject to the H-1 cap. This may be the only available option if the applicant's I-94 is expiring, but should not be done without a full understanding of the legal and other consequences.
Eb3_frustrated
03-17 11:14 AM
Junoo,
Good to see you getting optimistic, I saw your frustration at April visa Numbers and glad to see you back with green $$$ this time !!
Bill introducted by Sen. Frist is great news, even though it is still in initial stages [Cross our fingers] glad we have something positive happenning.
We need to work harder and make sure it passes the house and becomes a law..long path and we should remain focussed every step of the way.
Thanks once again for your contribution and congratulations for your change in attitude.
Just contributed $100.00. Will contribute more in Future...!
Good to see you getting optimistic, I saw your frustration at April visa Numbers and glad to see you back with green $$$ this time !!
Bill introducted by Sen. Frist is great news, even though it is still in initial stages [Cross our fingers] glad we have something positive happenning.
We need to work harder and make sure it passes the house and becomes a law..long path and we should remain focussed every step of the way.
Thanks once again for your contribution and congratulations for your change in attitude.
Just contributed $100.00. Will contribute more in Future...!
jliechty
May 24th, 2005, 10:00 PM
It's hard to explain, but the first two don't really do anything for me. The third one is certainly a step in the right direction (totally fugly JPEG artifacts ignored), and I think that with a bit of post processing you could really take it in some interesting directions. My eye only notices the deer after a little while; if you wanted to focus more on the deer, you could use a masked adjustment layer to subtly (the key word is subtly - very subtly) darken everything but the animal, and another adjustment layer to add a tiny bit of contrast only to the deer. Of course, QJ will come up with many other and more creative things to try, but that's off the top of my head a few ideas to start with. :)
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