kumar1
11-24 12:57 PM
IO would not give I-94 for more than 6 months (180 days). The moment your parents cross 185 days of stay in the US, you can claim them as your dependents for tax purposes. They do not want that to happen. Are you thinking in those terms?
Gurus, can you please let me know your opinion on the below item? thanks a lot.
I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?
Gurus, can you please let me know your opinion on the below item? thanks a lot.
I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?
tabletpc
08-23 02:59 PM
But using AC21 without having I-140 approved is big risk..u never know how the X emplyer might treat communication with USCICS with RFE is received.
I am presuming many r in a situation where they ahve i-140 pending and 485 filed.
I am presuming many r in a situation where they ahve i-140 pending and 485 filed.
simple1
10-07 04:03 PM
you can be legally self employed/direct-contractor/consultant (fulltime, same or similar with earnings >= the one in perm) in EAD after Ac21.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 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.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 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.
pady
06-18 03:38 PM
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
more...
RajForGC
06-07 03:59 PM
Are they gonna talk or vote again on Immigrtaion today?
chanduv23
09-04 06:50 AM
Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
Once you get your green card, you are supposed to go work for the company who applied for your green card or work in a same or similar job. So it is good to have a job offer in hand. Talk to an Attorney on what are the potential questions at POE as you have been out of the country for a long time.
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
Once you get your green card, you are supposed to go work for the company who applied for your green card or work in a same or similar job. So it is good to have a job offer in hand. Talk to an Attorney on what are the potential questions at POE as you have been out of the country for a long time.
more...
ssdtm
05-07 08:06 PM
If your original 140, on the basis of which you filed 485, gets revoked you are in trouble. You may get denial notice that you will have to contest. Needless to say, you have a good ground if you can prove it that job change was in synch with norms / rules laid out in AC21.
But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.
......this is based on consultation from top lawyers.
But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.
......this is based on consultation from top lawyers.
seekerofpeace
08-22 02:25 PM
Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?
SoP
SoP
more...
injrav
09-09 07:57 AM
Hi Friend
welcome to Immigration voice
Please take some time to go through each and every post, it will give clear idea what IV is planning to do.
Thanks
welcome to Immigration voice
Please take some time to go through each and every post, it will give clear idea what IV is planning to do.
Thanks
Dhundhun
06-14 03:07 PM
Hi Guys,
For those who applied for EAD using eFile, please post information on supporting documents you sent.
Any other info on post-eFile of EAD is welcome.
Thanks.
This thread may help you. http://immigrationvoice.org/forum/showthread.php?t=18737
For those who applied for EAD using eFile, please post information on supporting documents you sent.
Any other info on post-eFile of EAD is welcome.
Thanks.
This thread may help you. http://immigrationvoice.org/forum/showthread.php?t=18737
more...
eyeopeners05@yahoo.com
05-01 10:07 AM
Thanks guys for all your responses....
I got the paperwork from my attorney for my wife's 485 as they want us to be ready so that if dates are current, we just mail the paperwork without having to start at that time.
However, my wife is pregnant and i am not sure if medical examinations are possible. What are my options ?
I got the paperwork from my attorney for my wife's 485 as they want us to be ready so that if dates are current, we just mail the paperwork without having to start at that time.
However, my wife is pregnant and i am not sure if medical examinations are possible. What are my options ?
conchshell
07-09 11:19 PM
Its pleasant to hear that USCIS will forward the flowers sent by IV members to Walter Reed Army Medical Center, and Bethesda Naval Hospital. This is an excellent idea. However the people who fought for freedom, and are recovering at these hospitals should know: what these flowers are all about and who is sending them.
We should write emails to these hospitals to educate them about this flower campaign and urge them to accept the flowers and support our just cause. Please suggest a good template for the email, supporting our troops and asking them to support us. IV core should help with this and co-ordinate this event. This can become a next step in our peaceful protest against USCIS. If we can gather the support fom these hospitals that would be a major success. After this email campaign, hospitals may accept or reject the flowers forwarded by USCIS, but we will score a major win in either case. This will become our second round of publicity in media for our flower campaign. Please comment on this idea.
Please find the web site and contact emails for both the hospitals:
1. Walter Reed Army Medical Center
http://www.wramc.amedd.army.mil/
On the botton right corner, there is a link: Email the Hospital
2. Bethesda Naval Hospital.
http://www.bethesda.med.navy.mil/
Email link: http://www.bethesda.med.navy.mil/Visitor/Contact_Info/ContactForm.aspx?ca=2
We should write emails to these hospitals to educate them about this flower campaign and urge them to accept the flowers and support our just cause. Please suggest a good template for the email, supporting our troops and asking them to support us. IV core should help with this and co-ordinate this event. This can become a next step in our peaceful protest against USCIS. If we can gather the support fom these hospitals that would be a major success. After this email campaign, hospitals may accept or reject the flowers forwarded by USCIS, but we will score a major win in either case. This will become our second round of publicity in media for our flower campaign. Please comment on this idea.
Please find the web site and contact emails for both the hospitals:
1. Walter Reed Army Medical Center
http://www.wramc.amedd.army.mil/
On the botton right corner, there is a link: Email the Hospital
2. Bethesda Naval Hospital.
http://www.bethesda.med.navy.mil/
Email link: http://www.bethesda.med.navy.mil/Visitor/Contact_Info/ContactForm.aspx?ca=2
more...
Sugar
07-10 11:53 AM
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
immique
06-30 12:45 PM
I am sure many of you don't know about TANA organization ( www.tana.org ). TANA is held every 2 years in one of the major cities in US, and for 2009 TANA is scheduled to happen in Chicago.
"TANA IS GOING TO CELEBRATE 2009 CONFERENCE IN CHICAGO AT DONALD E STEPHENS CONVENTION CENTER, ROSEMONT FROM JULY 02, 2009 TO JULY 04, 2009. "
They usually get around 12,000 to 15,000 guest of Telugu speaking people. The point i would like to make is to increase the exposure of to IV, we need to put up a booth in TANA 2009. I have attended TANA organization committee meeting on Sunday, 29 2008 and have spoken to them about IV. TANA has several stage shows, booth for business , food stalls and much more. TANA Chicago org will be needing some help( not sure what at this time ). but if we can help them so that they give us some exposure in the TANA 2009. it will be really great.
Secondly, we can have our own booth which will cost some money we can get lot of publicity.
This is just a idea and a i think it is a win-win for both of us. Let me know what you guys think.
I have heard great things about TANA. I am not a member of TANA, but would love to be one. Coordination between TANA like Organizations and IV would be a great opportunity for both Organizations as they can help each other in many ways.
"TANA IS GOING TO CELEBRATE 2009 CONFERENCE IN CHICAGO AT DONALD E STEPHENS CONVENTION CENTER, ROSEMONT FROM JULY 02, 2009 TO JULY 04, 2009. "
They usually get around 12,000 to 15,000 guest of Telugu speaking people. The point i would like to make is to increase the exposure of to IV, we need to put up a booth in TANA 2009. I have attended TANA organization committee meeting on Sunday, 29 2008 and have spoken to them about IV. TANA has several stage shows, booth for business , food stalls and much more. TANA Chicago org will be needing some help( not sure what at this time ). but if we can help them so that they give us some exposure in the TANA 2009. it will be really great.
Secondly, we can have our own booth which will cost some money we can get lot of publicity.
This is just a idea and a i think it is a win-win for both of us. Let me know what you guys think.
I have heard great things about TANA. I am not a member of TANA, but would love to be one. Coordination between TANA like Organizations and IV would be a great opportunity for both Organizations as they can help each other in many ways.
more...
quizzer
11-15 05:32 PM
Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
4yourforGC
04-02 09:57 AM
thanks, radhagd and md2003. yes, we've had a very long discussion about porting PD after two I-140 approved in this board. but seems nobody had this done successfully. So I wonder which way is worth to keep, EB3 with earlier PD (but my EB3 LC has not been started even recruiting processing yet) or EB2 in case I am already in 140 pending stage (in our company, to pursue EB3, I will have to cancel EB2)? any comments on this?
thanks
thanks
more...
vikaschowdhry
06-03 07:02 AM
Regarding Visa Camp, Chicago consulate's website says:
Applications from only US Passport holders will be accepted at the Visa Camps. No other consular service except visa will be provided at the Visa Camps.
Of course, if they have incomplete information on their website - this might be untrue and they might allow renewal of passports as well.
In any case, it seems to me that the expiration date on the passport should not be a huge concern for getting the H1B approved.
Applications from only US Passport holders will be accepted at the Visa Camps. No other consular service except visa will be provided at the Visa Camps.
Of course, if they have incomplete information on their website - this might be untrue and they might allow renewal of passports as well.
In any case, it seems to me that the expiration date on the passport should not be a huge concern for getting the H1B approved.
ola
06-13 01:34 PM
Is anyone actually coordinating this or are we simply wasting our time posting messages here?
p_aluri
11-09 03:13 PM
Your Employer is wrong. USCIS won't send I-94 in separate mail.
As per my knowledge, One should not start working unless there is I-94 attached to I-797 Approval Notice.
Your wife need to go out of the US and get it stamped before start working.
At POE, the Immigration Officer will issue the new I-94 with valid H1-B Status.
Again I am not an attorney...
Please talk to attorney for further clarifications.
All The Best.........
Hi All
My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.
Employer says they will receive I 94 document seperately and they will mail it.
My question is, Is Employer saying TRUTH
Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.
If my wife does not get her I 94 what are her Options
your Response is truly appreciated
As per my knowledge, One should not start working unless there is I-94 attached to I-797 Approval Notice.
Your wife need to go out of the US and get it stamped before start working.
At POE, the Immigration Officer will issue the new I-94 with valid H1-B Status.
Again I am not an attorney...
Please talk to attorney for further clarifications.
All The Best.........
Hi All
My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.
Employer says they will receive I 94 document seperately and they will mail it.
My question is, Is Employer saying TRUTH
Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.
If my wife does not get her I 94 what are her Options
your Response is truly appreciated
amitga
08-18 12:53 PM
How do I find what priority date has been attached to my I-485?
krishna_brc
02-15 11:26 PM
Hi,
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
You can take any job as long as the duties of the new job falls under the
Job Code 15-1021.00. which is your original approved labor job code.
Any thing other than that is a straight NO.
ALSO PLEASE UPDATE YOUR PROFILE
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
You can take any job as long as the duties of the new job falls under the
Job Code 15-1021.00. which is your original approved labor job code.
Any thing other than that is a straight NO.
ALSO PLEASE UPDATE YOUR PROFILE
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