needhelp!
05-21 07:52 PM
Very good post and the answer is in the last part:
"the USCIS holds that the person may not renew their I-485 unless they have maintained their lawful �nonimmigrant� status while their application for adjustment of status is pending."
I am not sure what what "renew 485" means though.
"the USCIS holds that the person may not renew their I-485 unless they have maintained their lawful �nonimmigrant� status while their application for adjustment of status is pending."
I am not sure what what "renew 485" means though.
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desi3933
06-12 01:37 PM
Severance package includes all benefits including health care. As per the law no can be paid full salary with deductions being made for Medicare and social security, if there is no valid status. My friends have gone through this stage in Big5, they can NOT cancel H1B until the last day of severance package validity.
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.
If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.
One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).
Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.
Please verify details with your attorney/lawyer.
===============================================
Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.
If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.
One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).
Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.
Please verify details with your attorney/lawyer.
===============================================
Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.
qualified_trash
09-21 11:01 AM
joozz.......
do not worry about where the lawyer is located. immigration law is under federal jurisdiction.
pick a good lawyer (www.murthy.com, www.shahandkishore.com, www.immigration.com) and go with them
do not worry about where the lawyer is located. immigration law is under federal jurisdiction.
pick a good lawyer (www.murthy.com, www.shahandkishore.com, www.immigration.com) and go with them
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browncow
05-21 01:18 AM
H1 doesn't get invalidated on a 485 rejection, even if it was approved beyond 6 year based on the pending 485. You just may not be eligible for another extension.
well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.
well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.
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sajidmd
02-19 10:47 AM
I am also getting into similar situation..
Salary is jumping by > 50%
Role is changing from Programmer Analyst to Manager... Will this have any impact ?
Salary is jumping by > 50%
Role is changing from Programmer Analyst to Manager... Will this have any impact ?
cin45220
03-28 03:10 PM
Thanks, snathan.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
Hey Dazed,
How much time did it take you to get the refund?
Thanks,
-CinBoy
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
Hey Dazed,
How much time did it take you to get the refund?
Thanks,
-CinBoy
more...
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Sri_
02-29 09:06 AM
How can one find his/her receipt date if they dont have copy of their receipt notice, just the receipt notice?
Take the infopass appointment. Tell them your 485 receipt number and request them for Receipt Date & Notice Date. In the initial screen, I think officer can only see Notice Date. Then request them for Receipt date, then I think they can dig the info and find the info.
Few officers are not aware and they say that there will be only one date i.e. 'Notice Date', you should tell them the difference between Notice Date & Receipt Date, then they will try to look. This happened to me, So I showed them my I-140 receipt and explained the difference. Then the officer got convinced to check for Receipt Date for 485 in the system.
Thanks
Take the infopass appointment. Tell them your 485 receipt number and request them for Receipt Date & Notice Date. In the initial screen, I think officer can only see Notice Date. Then request them for Receipt date, then I think they can dig the info and find the info.
Few officers are not aware and they say that there will be only one date i.e. 'Notice Date', you should tell them the difference between Notice Date & Receipt Date, then they will try to look. This happened to me, So I showed them my I-140 receipt and explained the difference. Then the officer got convinced to check for Receipt Date for 485 in the system.
Thanks
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paskal
08-22 03:02 PM
This sound like a good idea...our first option is to attend the rally. But if for some reason we are not able to make it...we can identify a place in all the states on the same day to show support for the DC rally.. I tried to find someone in Buffalo...but noone responded..dont know whether I will be able to attend the rally in DC.
if no one responds here, please find a friend in Buffalo to travel with you!
or in Rochester or Syracuse or something. Plesae help spread the word about the rally. The University most definitely has affected folks- in fact it has oodles of them! let us know hoe we can help you with motivating people to come...if you could collect enough people...one bus could start in Buffalo and work it's way down...
if no one responds here, please find a friend in Buffalo to travel with you!
or in Rochester or Syracuse or something. Plesae help spread the word about the rally. The University most definitely has affected folks- in fact it has oodles of them! let us know hoe we can help you with motivating people to come...if you could collect enough people...one bus could start in Buffalo and work it's way down...
more...
ram_ram
03-18 04:48 PM
No and as per Murthy chat questions many employers do not do anything with I-140.
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srarao
07-21 11:03 PM
Hello,
When I first took my medical tests for I-485 with a doctor, the doctor put an additional document stating that: "I have a positive PPD that was read as 9mm of induration. A NORMAL chest x-ray was read. The patient is refered to their PCP or County Health Department for evaluation and possible treatment with INH for 9 months".
Now I received the RFE from CIS asking for the following:
"The form I-693 submitted is hereby returned because you TB test results were not documented appropriately. Additional documentation submitted from Civil Surgeon indicates that you were possibly being refered to the County Health Department for evaluation and have received teh follow up treatment.
The I-693 form must be properly endorsed by Civil Surgeon to reflect the following:
-> The date you first refered to the local health dept for evaluation
-> Name and address of the health dept
-> results of the X-ray and other TB test
-> Based on which you are medically cleared for adjustment status
"
If anyone had similar experiences, please let me know how to proceed on this issue.
PS: I got very late appointment with County Health department, so If I go to a private TB specialist and If I take the results to the original doctor and can he able to update my I-693 based on the TB specialist results?
If I go on 9 month medication will CIS wait 9 months to further process my petition or hold my EAD status?
If I go to a new doctor and If he gives me a new set of medical results, will CIS overlook previous doctor's comments?
I dont have much time as I just had 20 days left to send back my results to CIS.
Thanks for yor help.
Ravi
When I first took my medical tests for I-485 with a doctor, the doctor put an additional document stating that: "I have a positive PPD that was read as 9mm of induration. A NORMAL chest x-ray was read. The patient is refered to their PCP or County Health Department for evaluation and possible treatment with INH for 9 months".
Now I received the RFE from CIS asking for the following:
"The form I-693 submitted is hereby returned because you TB test results were not documented appropriately. Additional documentation submitted from Civil Surgeon indicates that you were possibly being refered to the County Health Department for evaluation and have received teh follow up treatment.
The I-693 form must be properly endorsed by Civil Surgeon to reflect the following:
-> The date you first refered to the local health dept for evaluation
-> Name and address of the health dept
-> results of the X-ray and other TB test
-> Based on which you are medically cleared for adjustment status
"
If anyone had similar experiences, please let me know how to proceed on this issue.
PS: I got very late appointment with County Health department, so If I go to a private TB specialist and If I take the results to the original doctor and can he able to update my I-693 based on the TB specialist results?
If I go on 9 month medication will CIS wait 9 months to further process my petition or hold my EAD status?
If I go to a new doctor and If he gives me a new set of medical results, will CIS overlook previous doctor's comments?
I dont have much time as I just had 20 days left to send back my results to CIS.
Thanks for yor help.
Ravi
more...
Friend
02-19 09:17 AM
USCIS people rejected the Application. Now the application is with my Attorney. So which option I need to select the for the taking the Info Pass appointment. My Attorney is telling if they accept the application and they put any RFE so that we can take the Info Pass appointment is it correct?
Can you suggest which option i need to select for info pass appointment for my case?
Thanks for your valuable response.
Thanks.
Can you suggest which option i need to select for info pass appointment for my case?
Thanks for your valuable response.
Thanks.
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kondur_007
09-17 09:38 PM
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
more...
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heywhat
08-03 06:23 PM
This is kind of fraud. My previous employer was not ready to give me experience letter so one of my friend recommended same but I did not feel comfortable doing that ( not due to fear of USCIS REF ). Just recently I came to know from one of my friend that INS randomly checks with employers and verifies experience letters. So keep your fingure crossed.
To qualify for EB2, you need detail experience letter if you do not have masters. Also I do not think you need experience letter at LC stage, but usually lawyer asks all these upfornt because they can advertise it as per roles and responsibilities performed by you. You still have time to talk to your lawyer and take that letter back. In meantime talk to your ex-employer or manager to issue letter ...
Administrator, please delete this thread .. we do not want to give more scoring points to our opponent..
To qualify for EB2, you need detail experience letter if you do not have masters. Also I do not think you need experience letter at LC stage, but usually lawyer asks all these upfornt because they can advertise it as per roles and responsibilities performed by you. You still have time to talk to your lawyer and take that letter back. In meantime talk to your ex-employer or manager to issue letter ...
Administrator, please delete this thread .. we do not want to give more scoring points to our opponent..
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mhathi
10-27 07:12 AM
Exact same letter for me as well!
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sanju
06-11 11:55 AM
You idiot, this is your third post in last 10 minutes about your deleted post. Big deal! if your question was deleted, or, if you are not able to find your post???
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
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Beta_mle
02-20 07:28 AM
^ ^ ^
Bump.
Anyone?
Bump.
Anyone?
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nav_kri
04-01 08:09 PM
Yes, the info is right
Found this text at http://www.albertacanada.com/immigration/immigrate/srsvisaholder.html
Important note: A new and updated version of the AINP Occupations Under Pressure List for the Strategic Recruitment Stream � U.S. Visa Holder Category will be posted to this site on April 15, 2009. Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted. All applications postmarked on or after April 15, 2009 will be assessed based on the revised list that will be posted on April 15, 2009.
Found this text at http://www.albertacanada.com/immigration/immigrate/srsvisaholder.html
Important note: A new and updated version of the AINP Occupations Under Pressure List for the Strategic Recruitment Stream � U.S. Visa Holder Category will be posted to this site on April 15, 2009. Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted. All applications postmarked on or after April 15, 2009 will be assessed based on the revised list that will be posted on April 15, 2009.
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jliechty
May 23rd, 2005, 10:00 AM
The second one is good, but I feel that it's too heavily "weighted" on the right side, with nothing to balance things out on the left side. I only wish that the foreground plant was conveniently moved a yard / meter to the left for you. ;)
However, I'll go with the others and vote for the first one being the best. :)
However, I'll go with the others and vote for the first one being the best. :)
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indianabacklog
02-24 12:57 PM
it was for visa stamping
Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.
Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.
gc_wannabe
06-17 03:30 AM
that dates being current is not an indication of you getting your GC. The dates have to be current for a long time for you to see the approval.
It is very unfortunate that your lives can be tied to this dates circus. :(
Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.
it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.
It is very unfortunate that your lives can be tied to this dates circus. :(
Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.
it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.
pappu
08-10 10:30 AM
Please fill out this form to help us assist you with the lawmaker meetings.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36
http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36
Please make sure to put complete and correct details for us to verify you and help you with this action item.
Thanks
IV Team
http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36
http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36
Please make sure to put complete and correct details for us to verify you and help you with this action item.
Thanks
IV Team
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