bijualex29
06-22 07:53 AM
I-485 can be rejected if filed with incomplete initial evidence.
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
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AB1275
09-25 03:48 PM
Thanks for your response.....
What happens if I-140 gets revoked?
The market situation isnt that great....What if I am unable to get a job prior to I-140 being revoked?
Will my EAD be valid?
What happens if I-140 gets revoked?
The market situation isnt that great....What if I am unable to get a job prior to I-140 being revoked?
Will my EAD be valid?
yabadaba
07-22 03:37 AM
Please vote and provide details if the answer is yes
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belmontboy
01-08 12:49 PM
your wish is my command Master, what can I do for you?
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Junky
10-15 08:18 AM
Send you a PM. Please reply back at your earliest.
Thx
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
Thx
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
jonty_11
02-05 02:27 PM
This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
more...
izolo
06-08 12:46 PM
Thank for reply
the attorney says its all about your I-94, if your visa will expire in 3 months, then you should apply for extension!
have you ever heard about a case kike mine? please share.
the attorney says its all about your I-94, if your visa will expire in 3 months, then you should apply for extension!
have you ever heard about a case kike mine? please share.
2010 The original. And the Daytona
surabhi
04-14 01:41 PM
As per suggestion by members of the forum, I am planning on using a good attorney to file my appeal.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
Regardless of the attorney you employ, it is important to ensure you are completely clued in and has visibility into the process. Its even more important in the situation you are in.
You should be completely versed with your case, options available, reperucssions.. everything. Only then you can have meaningful conversation with attorney about your concerns.
It is very difficult with para legals not providing timely information, neverthless you should look for firm that treats clilents with respect.
The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.
If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.
Thanks.
Regardless of the attorney you employ, it is important to ensure you are completely clued in and has visibility into the process. Its even more important in the situation you are in.
You should be completely versed with your case, options available, reperucssions.. everything. Only then you can have meaningful conversation with attorney about your concerns.
It is very difficult with para legals not providing timely information, neverthless you should look for firm that treats clilents with respect.
more...
viper673
11-14 07:15 PM
Sent to TSC
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04-08 05:20 PM
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dealsnet
02-23 03:13 PM
She can't renew her H1B after 6 years. She can work using EAD or choose not to work. No need for H4 also. If you want a cover for you, she need to file PERM for her to start a process for her. No other way for cover. If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.
Hi,
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
Hi,
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
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belmontboy
04-25 07:11 PM
check the website: http://murthy.com/news/n_noh1bp.html
F-1 OPT with H1B Pending Now Wants 17-Month OPT Extension
�MurthyDotCom
Yet another variation that occurs involves F-1 students who have job offers. The prospective employer of an F-1 student normally has filed an H1B petition requesting a change of status for that F-1 student. The parties now want to take advantage of the April 2008 option announced by the USCIS to utilize the possible 17-month OPT extension provision. The employer needs to withdraw the H1B petition in order for the student to continue in F-1 status. Once the status is changed from F-1 to H1B, the individual would no longer be able to extend the OPT period, even if the H1B petition is approved for the future start date of employment. However, before withdrawing the potentially very valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.
In your case you never started your H1 status. So you should be eligible for applying an OPT extension, which should give you ample time for next lottery.
I am no lawyer, you should check with a good immigration attorney about this.
F-1 OPT with H1B Pending Now Wants 17-Month OPT Extension
�MurthyDotCom
Yet another variation that occurs involves F-1 students who have job offers. The prospective employer of an F-1 student normally has filed an H1B petition requesting a change of status for that F-1 student. The parties now want to take advantage of the April 2008 option announced by the USCIS to utilize the possible 17-month OPT extension provision. The employer needs to withdraw the H1B petition in order for the student to continue in F-1 status. Once the status is changed from F-1 to H1B, the individual would no longer be able to extend the OPT period, even if the H1B petition is approved for the future start date of employment. However, before withdrawing the potentially very valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.
In your case you never started your H1 status. So you should be eligible for applying an OPT extension, which should give you ample time for next lottery.
I am no lawyer, you should check with a good immigration attorney about this.
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santa123
06-21 01:04 PM
Thanks for your response
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
If you cld submit an eval just for education, you shld be ok
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
If you cld submit an eval just for education, you shld be ok
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harivenkat
05-05 12:16 PM
Immigration bill would bring Arizona-style law to Pa. - Salt Lake Tribune (http://www.sltrib.com/ci_15017379)
Rep. Scott Perry supports a proposal that would give police the power the check immigration status. An immigration lawyer said its overly simple.
By JEFF FRANTZ
Daily Record/Sunday News
Updated: 05/04/2010 10:43:28 PM MDT
A state representative proposed legislation Tuesday -- backed by several local lawmakers -- that was inspired by a controversial law passed last week in Arizona to combat illegal immigration.
If passed, the bill by Rep. Daryl Metcalfe, R-Butler, would charge local law enforcement with checking immigration status, investigating businesses suspected of knowingly employing illegal immigrants and requiring businesses to verify a potential employee's legal status.
The proposal came a day after state Sen. Daylin Leach, D-Montgomery, introduced a bill in direct opposition to Arizona's law.
Rep. Scott Perry, R-Carroll Township, supports Metcalfe's effort and said he will likely join as bill co-sponsor.
The federal government has failed to enforce the nation's immigration laws, Perry said, which is now forcing states to act because illegal immigration fosters crime, lowers wages and puts an added burden on taxpayers.
"What do we gain having cheaper tomatoes in the short term to sell out our security and sovereignty in the long term?" Perry said.
Both Perry and Metcalfe said the proposal doesn't target any one ethnic or immigrant group.
Jos� Colon, president of the board for the Centro Hispano Jos� Hern�ndez, said much of York's Hispanic community agrees too many illegal immigrants abuse the system. He said he supports people stopped for violating the law having to prove who they are, saying it only makes sense in an age of terror.
But Colon said the necessary immigration laws already exist, and the federal government needs to better enforce them. The federal government is more equipped to properly deal with the issue than states or municipalities, he said.
Colon was also bothered by the rhetoric Metcalfe used introducing his proposal, when he spoke of murders and rapists. The vast majority of people here illegally came to work, Colon said, and it makes it harder to have the serious, necessary discussion of the issue with such inflamed rhetoric. And, he added, such talk could create friction between the Hispanic community and others.
Craig Trebilcock, a local immigration attorney, said the federal government has failed to create a working immigration policy.
But Metcalfe's policy is "still ridiculous," Trebilcock said. "The people pressing these laws don't understand how complex it is to determine the immigration status of someone."
There are 42 types of visas, Trebilcock said, and that's before counting those granted asylum and others. Local law enforcement, no matter how well meaning, are not trained or equipped to become primary immigration enforcement officers, Trebilcock said.
"You'll end up with a bunch of lawsuits," Trebilcock said. "A bunch of municipalities getting sued because of the thousands of people getting stopped, there's going to be a couple problems."
Instead, he said, the law will discourage legal immigrants -- doctors, scientists, laborers, students -- that the country needs from every coming here.
About the bill
If passed, House Bill 2479, would:
# Require an employer to verify a prospective employee's immigration status. Lying about immigration status would be a second-degree misdemeanor.
# Require a law enforcement officer to verify a person's immigration status if the officer reasonably suspects that a person legally stopped, detained or arrested is in the country illegally. An officer could not inquire about people's immigration status if they were not first stopped for another offense.
# Require county district attorneys to investigate companies suspected of employing illegal immigrants. Companies caught knowingly doing so could lose access to state grants and their licenses to operate.
# Create a third-degree felony for intentionally smuggling illegal aliens into Pennsylvania. Police would be able to impound smugglers' vehicles.
According to the office of the bill's sponsor, Rep. Daryl Metcalfe, Ron Miller , R-Jacobus; Will Tallman, R-Reading Township, Adams County; and Seth Grove , R-Dover Township, are co-sponsors. Rep. Scott Perry has said he will likely also be a co-sponsor.
Click here to read the full proposal.
Political outlook
In 2007, state Reps. Daryl Metcalfe and Scott Perry were part of a group that introduced a series of bills that would have changed some of Pennsylvania's immigration laws. Those never made it out of committee.
Metcalfe said Tuesday his proposal has bipartisan support but is not likely to receive much support from House Democratic leadership or Gov. Ed Rendell. However, he said, with a budget fight looming and representatives up for election in November, there could be an opportunity to muster the political will necessary for passage.
But Metcalfe's bill isn't the only piece of immigration legislation now in Harrisburg.
State Sen. Daylin Leach, D-Montgomery, introduced a proposal that would reinforce current laws and, in the event of future changes to federal law, stop local law enforcement to serve as immigration officers.
"It is very important that we make it clear that Pennsylvania does not support racial profiling," Leach said.
Rep. Scott Perry supports a proposal that would give police the power the check immigration status. An immigration lawyer said its overly simple.
By JEFF FRANTZ
Daily Record/Sunday News
Updated: 05/04/2010 10:43:28 PM MDT
A state representative proposed legislation Tuesday -- backed by several local lawmakers -- that was inspired by a controversial law passed last week in Arizona to combat illegal immigration.
If passed, the bill by Rep. Daryl Metcalfe, R-Butler, would charge local law enforcement with checking immigration status, investigating businesses suspected of knowingly employing illegal immigrants and requiring businesses to verify a potential employee's legal status.
The proposal came a day after state Sen. Daylin Leach, D-Montgomery, introduced a bill in direct opposition to Arizona's law.
Rep. Scott Perry, R-Carroll Township, supports Metcalfe's effort and said he will likely join as bill co-sponsor.
The federal government has failed to enforce the nation's immigration laws, Perry said, which is now forcing states to act because illegal immigration fosters crime, lowers wages and puts an added burden on taxpayers.
"What do we gain having cheaper tomatoes in the short term to sell out our security and sovereignty in the long term?" Perry said.
Both Perry and Metcalfe said the proposal doesn't target any one ethnic or immigrant group.
Jos� Colon, president of the board for the Centro Hispano Jos� Hern�ndez, said much of York's Hispanic community agrees too many illegal immigrants abuse the system. He said he supports people stopped for violating the law having to prove who they are, saying it only makes sense in an age of terror.
But Colon said the necessary immigration laws already exist, and the federal government needs to better enforce them. The federal government is more equipped to properly deal with the issue than states or municipalities, he said.
Colon was also bothered by the rhetoric Metcalfe used introducing his proposal, when he spoke of murders and rapists. The vast majority of people here illegally came to work, Colon said, and it makes it harder to have the serious, necessary discussion of the issue with such inflamed rhetoric. And, he added, such talk could create friction between the Hispanic community and others.
Craig Trebilcock, a local immigration attorney, said the federal government has failed to create a working immigration policy.
But Metcalfe's policy is "still ridiculous," Trebilcock said. "The people pressing these laws don't understand how complex it is to determine the immigration status of someone."
There are 42 types of visas, Trebilcock said, and that's before counting those granted asylum and others. Local law enforcement, no matter how well meaning, are not trained or equipped to become primary immigration enforcement officers, Trebilcock said.
"You'll end up with a bunch of lawsuits," Trebilcock said. "A bunch of municipalities getting sued because of the thousands of people getting stopped, there's going to be a couple problems."
Instead, he said, the law will discourage legal immigrants -- doctors, scientists, laborers, students -- that the country needs from every coming here.
About the bill
If passed, House Bill 2479, would:
# Require an employer to verify a prospective employee's immigration status. Lying about immigration status would be a second-degree misdemeanor.
# Require a law enforcement officer to verify a person's immigration status if the officer reasonably suspects that a person legally stopped, detained or arrested is in the country illegally. An officer could not inquire about people's immigration status if they were not first stopped for another offense.
# Require county district attorneys to investigate companies suspected of employing illegal immigrants. Companies caught knowingly doing so could lose access to state grants and their licenses to operate.
# Create a third-degree felony for intentionally smuggling illegal aliens into Pennsylvania. Police would be able to impound smugglers' vehicles.
According to the office of the bill's sponsor, Rep. Daryl Metcalfe, Ron Miller , R-Jacobus; Will Tallman, R-Reading Township, Adams County; and Seth Grove , R-Dover Township, are co-sponsors. Rep. Scott Perry has said he will likely also be a co-sponsor.
Click here to read the full proposal.
Political outlook
In 2007, state Reps. Daryl Metcalfe and Scott Perry were part of a group that introduced a series of bills that would have changed some of Pennsylvania's immigration laws. Those never made it out of committee.
Metcalfe said Tuesday his proposal has bipartisan support but is not likely to receive much support from House Democratic leadership or Gov. Ed Rendell. However, he said, with a budget fight looming and representatives up for election in November, there could be an opportunity to muster the political will necessary for passage.
But Metcalfe's bill isn't the only piece of immigration legislation now in Harrisburg.
State Sen. Daylin Leach, D-Montgomery, introduced a proposal that would reinforce current laws and, in the event of future changes to federal law, stop local law enforcement to serve as immigration officers.
"It is very important that we make it clear that Pennsylvania does not support racial profiling," Leach said.
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karanp25
07-13 08:01 PM
ski_dude12, u r just inviting trouble for urself by not keeping uscis in the loop. I assume u lost ur night's sleep looking for the valid source of my earlier comment? keep looking.
I will continue shooting "off my hips" .... i think i may have missed it this time...
Are you sure about that? Can you give your source that says
"You have to inform them of every small move even after citizenship is approved".
If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.
I will continue shooting "off my hips" .... i think i may have missed it this time...
Are you sure about that? Can you give your source that says
"You have to inform them of every small move even after citizenship is approved".
If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.
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ghost
09-19 04:05 PM
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
sent you a PM
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
sent you a PM
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redgreen
11-12 11:09 AM
This is simply called pure selfishness.
The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).
Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.
The way nk2006 misused IV resources for such a simple personal issue is unpardonable .
Knowing that there are such people among 'highly educated' is disheartening.
The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).
Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.
The way nk2006 misused IV resources for such a simple personal issue is unpardonable .
Knowing that there are such people among 'highly educated' is disheartening.
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burnt
06-23 08:19 PM
Gurus, help needed urgently - I had mailed my I-765 on Saturday via express delivery to the Texas Service Center as I live in NJ. The address I sent it to was
USCIS
Texas Service Center
P.O Box 851041
Mesquite, TX 75185-1041
I checked my USPS tracking status, and it says the following
We attempted to deliver your item at 10:33 AM on June 23, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
Has this happened with anyone else? I cross checked the address and its correct. So what should be done in this case?
USCIS
Texas Service Center
P.O Box 851041
Mesquite, TX 75185-1041
I checked my USPS tracking status, and it says the following
We attempted to deliver your item at 10:33 AM on June 23, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
Has this happened with anyone else? I cross checked the address and its correct. So what should be done in this case?
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Michael chertoff
08-04 03:09 PM
Someone gave me red for this post...i dont understant why???
gc_wow
10-26 07:42 PM
Talk to cop in Telugu, legally in any democratic country you are free to choose the religion you want or language you like.
Libra
08-22 08:05 PM
dean and kadarm welcome to IV, we are very much active and we are glad you guys contacted. so far 5 members voted to join in bus, other flying. so i request you guys to join us in the bus if not have any problem.
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