gc_kaavaali
06-03 03:28 PM
Should i fill AR11 form for my wife too? i entered my wife's application receipt number when i am updating my pending cases and gave my wife name and her details...is it sufficient?
Karthikthiru
09-21 04:50 PM
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
gimme Green!!
07-24 12:17 PM
Attach the screen shot of labor approval and indicate that you are waiting to receive the actual approval.
Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?
Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?
satishku_2000
12-21 08:05 PM
There are so many things that come into picture such as ability to pay , proferred wage , qualifications of individual , requirements for the job.
Can any one predict when will 2008 PDS will become current for people from India whether Eb2 or EB3 . As far as I can predict it really does not matter if some one is looking at PD of 2008 and from India , one is there for a long time if congress does not act.
Can any one predict when will 2008 PDS will become current for people from India whether Eb2 or EB3 . As far as I can predict it really does not matter if some one is looking at PD of 2008 and from India , one is there for a long time if congress does not act.
more...
ragz4u
04-09 08:42 PM
The core team is looking for some volunteers to help us with a few tasks
What is expected of volunteers
1) Loads of motivation
2) 15 mins of time per day
3) Ability to call someone and send emails on behalf of IV
4) Strong belief in what we are doing and what we are trying to achieve
I know some of you have contacted me or some other admin in the past offering to be volunteers but unfortunately we were really busy and may not have been able to get back to you.
If you believe that you can help IV, please send an email to shrey@immigrationvoice.org, sandeep@immigrationvoice.org and nagaraj@immigrationvoice.org with the subject line
Willing to volunteer from <State name> state
Thanks
IV team
What is expected of volunteers
1) Loads of motivation
2) 15 mins of time per day
3) Ability to call someone and send emails on behalf of IV
4) Strong belief in what we are doing and what we are trying to achieve
I know some of you have contacted me or some other admin in the past offering to be volunteers but unfortunately we were really busy and may not have been able to get back to you.
If you believe that you can help IV, please send an email to shrey@immigrationvoice.org, sandeep@immigrationvoice.org and nagaraj@immigrationvoice.org with the subject line
Willing to volunteer from <State name> state
Thanks
IV team
bbct
02-04 11:01 AM
We invited our in-laws last September and it was not easy for them to get the visa in the first interview. They got denied with the reason 214(b) without verifying any Indian documents. Infact, my father-in-law was a government servant and he was still employed at the time of interview. My wife was on EAD and I was on H1-B and I was inviting my in-laws to USA.
We then asked a letter from the senate's office requesting the visa officer to issue them visa and explained that they have strong ties with family members back in India and have bank balance and property. It was surprise that nothing was asked in the second interview and they could get a 10 years multiple entry visa. This time my wife invited her parents.
In all this, we wasted time, money and were very tensed since my wife's due date was approaching and it was only a month far.
Folks,
I'd like to know if any of you invited your parents while on AOS. Last time I invited my in-laws I had H1-B et al....now we are on AOS and my wife is sponsoring her parents. We are on AOS. I do not have a job currently so I can't get an EVL and my wife has and she is inviting and the I-134 is also from her...we have EADs valid till late 2010....she had her F1 valid till Oct 2009 but she is working on dependent EAD.
So do you think there could be any potential problem.....Last time I had sponsored my in-laws but they were questioned a lot at the embassy....so now my wife will be sponsoring ...I hope there are no potential problems.
Path 2 USA do not mention anything special for EADs/AOS et al....
Thanks,
SoP
We then asked a letter from the senate's office requesting the visa officer to issue them visa and explained that they have strong ties with family members back in India and have bank balance and property. It was surprise that nothing was asked in the second interview and they could get a 10 years multiple entry visa. This time my wife invited her parents.
In all this, we wasted time, money and were very tensed since my wife's due date was approaching and it was only a month far.
Folks,
I'd like to know if any of you invited your parents while on AOS. Last time I invited my in-laws I had H1-B et al....now we are on AOS and my wife is sponsoring her parents. We are on AOS. I do not have a job currently so I can't get an EVL and my wife has and she is inviting and the I-134 is also from her...we have EADs valid till late 2010....she had her F1 valid till Oct 2009 but she is working on dependent EAD.
So do you think there could be any potential problem.....Last time I had sponsored my in-laws but they were questioned a lot at the embassy....so now my wife will be sponsoring ...I hope there are no potential problems.
Path 2 USA do not mention anything special for EADs/AOS et al....
Thanks,
SoP
more...
Edison99
10-09 04:21 PM
ROW CHINA INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01APR05 22JAN05 C C
3rd 01JUN02 01JUN02 22APR01 01JUN02 01JUN02
Just live with EAD/AP and AC21 if necessary!
1st C C C C C
2nd C 01APR05 22JAN05 C C
3rd 01JUN02 01JUN02 22APR01 01JUN02 01JUN02
Just live with EAD/AP and AC21 if necessary!
darshan1226
02-13 01:43 PM
Please keep your sarcastic remarks to yourself, you're not helping. It is appreciated when someone share some USEFUL information.
grow up
grow up
more...
la6470
06-03 09:45 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"
fatjoe
09-24 10:11 AM
My 485 app was received on July 18 at NSC, no checks cashed yet. EAD/ AP recieved on Aug 10 at NSC, got RN for EAD and AP. Is there a possibility of getting EAD card, even if 485 was not filed? One of my freinds was under the same situation, and she and her spouse got the EAD from TSC, without 485 filing.
more...
bijualex29
06-24 08:38 AM
If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
ARUNRAMANATHAN
07-09 11:37 PM
Nixstor
Have no idea where is USCIS ....If me being there would make a difference would be there ...please call me anytime whne you read this msg ...
My number is 703.371.7445 M
Arun
Have no idea where is USCIS ....If me being there would make a difference would be there ...please call me anytime whne you read this msg ...
My number is 703.371.7445 M
Arun
more...
kshitijnt
09-16 05:21 AM
My AP was approved last week (Monday) still to get in mail.
Raj_2009
08-18 09:16 PM
Hi Experts,
I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.
They are ,
1. Photos
2. Application form not signed
3. Identity documents.
I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.
But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.
1. Please advice me if I have to fill in a new application with signature and send it.
2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.
3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.
I am totally confused and job is at stake.
Eagerly waiting for your expert guidelines.
Thanks,
Raj
I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.
They are ,
1. Photos
2. Application form not signed
3. Identity documents.
I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.
But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.
1. Please advice me if I have to fill in a new application with signature and send it.
2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.
3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.
I am totally confused and job is at stake.
Eagerly waiting for your expert guidelines.
Thanks,
Raj
more...
chvs2000@yahoo.com
08-17 10:56 AM
Hi all , Thanks for the responses. Actually Marriage certificate and medicals were in the packet, I forgot to list it here. After going through the instructions i see my employer sent the application to a wrong address.
Instructions say that for 140 related cases it should be sent to Nebraska or texas service center depending on where you live. Instead it has been sent to the Chicago lock box facility.
Now when i resubmit this package to the right place do I have to include a copy of the rejection notice(I 797 C)? also every page has a line printed on it sideways along the right edge. I am not sure if resubmission means sending the rejected packet as is or prepare the forms again and send the new ones.
In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
Marriage Certificate is a must.
Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
Wish you all the best!
Instructions say that for 140 related cases it should be sent to Nebraska or texas service center depending on where you live. Instead it has been sent to the Chicago lock box facility.
Now when i resubmit this package to the right place do I have to include a copy of the rejection notice(I 797 C)? also every page has a line printed on it sideways along the right edge. I am not sure if resubmission means sending the rejected packet as is or prepare the forms again and send the new ones.
In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
Marriage Certificate is a must.
Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
Wish you all the best!
gparr
July 14th, 2006, 07:00 AM
I have reported the promotional post to Steve and I'm sure he'll remove it when he gets a chance.
Thanks Josh. I'd forgotten about this thread. It's about time for spider plants to bloom again. I'll have to find some and see if I can get some better images.
Gary
Thanks Josh. I'd forgotten about this thread. It's about time for spider plants to bloom again. I'll have to find some and see if I can get some better images.
Gary
more...
mammoy2k
09-21 07:11 PM
Look at the reason why I-140 can be denied:
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
EkAurAaya
10-11 01:03 PM
My labor cert priority date is Aug 21, 2006 and my 140 EB2 was filed in Dec 20, 2006 and I received the RFE last week from NSC.
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...
Go with what your lawyer suggests
Good luck
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...
Go with what your lawyer suggests
Good luck
gc_seeker_2001
01-30 11:05 AM
Any feedback on this is appreciated.
Becks
11-29 02:30 PM
I did not get any email when my AP status was changed to "document mailed". My company sent AP to me so I never got email about the status change.
cinqsit
09-27 11:55 AM
Hey
If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.
- cinqsit
If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.
- cinqsit
