Roger Binny
05-08 01:14 AM
I believe the same post sounds some what fishy, check this guys posts all the way back from 07 to till now.
posts (http://immigrationvoice.org/forum/search.php?searchid=1654575)
USCIS going all the way back to 1999, that too dependent's I-94 card which has a month expired.
Why on earth an attorney didn't suggested to use nunc pro trunc which facilitates saying person is maintaining legal status after the recent entry.
posts (http://immigrationvoice.org/forum/search.php?searchid=1654575)
USCIS going all the way back to 1999, that too dependent's I-94 card which has a month expired.
Why on earth an attorney didn't suggested to use nunc pro trunc which facilitates saying person is maintaining legal status after the recent entry.
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ramus
09-07 09:22 AM
Please take a part in DC rally...
Time to wake up..
Time to wake up..
permfiling
08-13 05:47 PM
permfiling,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
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rajmehrotra
10-23 10:02 AM
The thread title "Please Read" can be improved to something pertaining to the issue in the thread.
more...
Anders �stberg
May 31st, 2004, 03:47 PM
Fun series.
However, I can't help but feel slightly envious. The ducks approach me too, but as soon as I whip my camera out they dart away (only to return as soon as the camera is safely tucked back into the bag again).
OTOH, I don't bring duck-food with me... :)
On a more serious note: Aren't you afraid of making them a tad too tame? Won't they become easy prey once the wabbit season is over and duck season starts? (Crispy duck tastes extremely good, but I try to avoid eating duck if I can help it -- they're just too cute! :D)
Duck food / bribes is a must, otherwise they ignore me totally. I gave them bran flakes today as this was all I had at home, hope that's acceptable for duck digestion. :)
These ducks are too tame already, people feed them all day long at this small lake. This particular one was a bit too unafraid though, quacking at me and biting my jacket if I didn't give her more food. Some person is bound to abuse that trust some day and do something nasty I'm afraid.
However, I can't help but feel slightly envious. The ducks approach me too, but as soon as I whip my camera out they dart away (only to return as soon as the camera is safely tucked back into the bag again).
OTOH, I don't bring duck-food with me... :)
On a more serious note: Aren't you afraid of making them a tad too tame? Won't they become easy prey once the wabbit season is over and duck season starts? (Crispy duck tastes extremely good, but I try to avoid eating duck if I can help it -- they're just too cute! :D)
Duck food / bribes is a must, otherwise they ignore me totally. I gave them bran flakes today as this was all I had at home, hope that's acceptable for duck digestion. :)
These ducks are too tame already, people feed them all day long at this small lake. This particular one was a bit too unafraid though, quacking at me and biting my jacket if I didn't give her more food. Some person is bound to abuse that trust some day and do something nasty I'm afraid.
whiteStallion
06-02 07:03 PM
Yes, the return ticket have to be *within* 6 months rather than after 6 months.
more...
logiclife
02-15 12:03 PM
One more thing about stamping in Canada and Mexico.
The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.
So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".
On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.
Then you would have to fly directly from Canada to your home-country for stamping.
The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.
So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".
On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.
Then you would have to fly directly from Canada to your home-country for stamping.
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Devils_Advocate
03-22 02:40 AM
Rest in Peace
more...
gimme_GC2006
08-28 04:05 PM
That is your frustration talking. :D :D :D
Hope you are feeling *better* after venting out your frustration.
I think he is just talking to himself out of frustration..LOL :D:D
Hope you are feeling *better* after venting out your frustration.
I think he is just talking to himself out of frustration..LOL :D:D
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MA_Labor
09-24 10:42 PM
Some employers however do credit check as a part of background screening.
more...
k3GC
07-28 11:51 AM
Guys - I apologize, I was not aware that this has been already discussed extensively.
The truth of the matter is that our organization needs funds. The ideal way to get funds is for every member to understand the value of IV and contribute. That will take its own course.
In addition to that i think we should look at events as they happen that affect our community and use those to rally our members and get additional help from them - time, resources and money and we have done that in the past and have succeeded. When our bills passed in the senate and we needed money to lobby the house, a call was made and people did contribute.I think constructive feelings of hope, happiness and success do encourage people.
If things happen as folks expect and a lot of IV members do get their GC in the next 2 months, i think this would be an event to target and request members to contribute to IV.
So fine with me if this has already been discussed, Can we promote this and track it. Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)
The truth of the matter is that our organization needs funds. The ideal way to get funds is for every member to understand the value of IV and contribute. That will take its own course.
In addition to that i think we should look at events as they happen that affect our community and use those to rally our members and get additional help from them - time, resources and money and we have done that in the past and have succeeded. When our bills passed in the senate and we needed money to lobby the house, a call was made and people did contribute.I think constructive feelings of hope, happiness and success do encourage people.
If things happen as folks expect and a lot of IV members do get their GC in the next 2 months, i think this would be an event to target and request members to contribute to IV.
So fine with me if this has already been discussed, Can we promote this and track it. Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)
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unknown123
11-09 12:01 PM
What is your PD?
Good luck
Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.
Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm
You need a real good lawyer.
All the best
Good luck
Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.
Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm
You need a real good lawyer.
All the best
more...
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VickIowa
12-28 11:07 AM
You are actually expected to provide the latest I94, I believe that your employer may have filed an I9 based on your latest I94, just find the I94 # and the local customs and immigration at the airport should be able to issue you a new one. If you have a copy or the number of this one it would help.
Does the I-9 need to be refreshed each year?
I have a copy of my Jan 2009 I-94 which is not the most recent one - I believe that was the one that was sent to my employer's lawyers. In Jan 2010, I did get an original I-94 (the one I lost) but did not use it to apply for I-9 (atleast to the best of my knowledge).
Thanks for being so responsive and helping me out. The other thing is the time constraint that I have to take off on Dec 29th (tomorrow). What also worries me is that if I approach the Immigration/customs folks at the nearby airport, won't they basically ask me to fill an I-102 and wait for 3-6 months before I can travel? I don't want to do that since I need to travel now due to family issues.
Does the I-9 need to be refreshed each year?
I have a copy of my Jan 2009 I-94 which is not the most recent one - I believe that was the one that was sent to my employer's lawyers. In Jan 2010, I did get an original I-94 (the one I lost) but did not use it to apply for I-9 (atleast to the best of my knowledge).
Thanks for being so responsive and helping me out. The other thing is the time constraint that I have to take off on Dec 29th (tomorrow). What also worries me is that if I approach the Immigration/customs folks at the nearby airport, won't they basically ask me to fill an I-102 and wait for 3-6 months before I can travel? I don't want to do that since I need to travel now due to family issues.
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meridiani.planum
06-20 12:24 PM
Can someone who used Advance Parole to travel back to USA extend his H1.
Candidate has H1 valid while coming back and also worked on H1 after coming back.
yes, Even if you used your AP to travel back to US, you can come back and file an H1 extension.
Candidate has H1 valid while coming back and also worked on H1 after coming back.
yes, Even if you used your AP to travel back to US, you can come back and file an H1 extension.
more...
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ragz4u
05-15 05:33 AM
Credit goes to Learning01 for initiating contact with Bloomberg and helping us with this
http://www.bloomberg.com/apps/news?pid=10000103&sid=aZM1MDJr4Bio&refer=us
http://www.bloomberg.com/apps/news?pid=10000103&sid=aZM1MDJr4Bio&refer=us
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wandmaker
06-12 05:56 PM
What is "Letter of Acquirement�
Can you please tell me what is "Letter of Acquirement�'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, do Official docs were shared with me.
From whom did u get this letter.
Letter of Acquirement is a letter addressed to each and every employee in the current company's letter head stating that the company A has been acquired by company B.
Can you please tell me what is "Letter of Acquirement�'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, do Official docs were shared with me.
From whom did u get this letter.
Letter of Acquirement is a letter addressed to each and every employee in the current company's letter head stating that the company A has been acquired by company B.
more...
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ssreenu
05-03 11:44 AM
thanks a lot. that seems like a good idea. My CL is 10k on one CC and 12k on the other one but I will call my bank and request a raise and then do a balance transfer of as much as I can get.
If you have more than one CC from the same institution let's say you have 3 CCs from BOA 1. AMEX 2. VISA 3. MC you can pool all the CLs together under one card which has the lowest interest rate and make a balance transfer from that CC. This will give you more edge. Ask the customer service for more details.
I have done it several times now :P
If you have more than one CC from the same institution let's say you have 3 CCs from BOA 1. AMEX 2. VISA 3. MC you can pool all the CLs together under one card which has the lowest interest rate and make a balance transfer from that CC. This will give you more edge. Ask the customer service for more details.
I have done it several times now :P
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Rajwaitingon140
11-28 12:42 PM
My Attorney filed my I-140 @ NSC and I-140 reciept date is DEC'21'2006; I see on my I-140 case LUD is Jan'8'2007; does this means my case also was approved on Jan'8'2007?; after that no LUD on my case.
Any input on this would be great help!
Thank you
RT
I also see a LUD 11/25 on my both approved I140's EB2/EB3. I have only used EB2 to file 485, so my guess is its a system wide LUD, some maintenance program running.
Any input on this would be great help!
Thank you
RT
I also see a LUD 11/25 on my both approved I140's EB2/EB3. I have only used EB2 to file 485, so my guess is its a system wide LUD, some maintenance program running.
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willgetgc2005
04-13 05:57 PM
Please send emails if you would like. I have sent the one below.
Honorable Senator,
I am writing to you about 'High-Tech Worker Relief Act of 2007'
At the outset , let me express my sincere gratitude for introducing this bill. I have been in the US lawfully under the highly skilled category since 1999. However, my Permanent Residency is still pending because of employment based visa back logs. One very useful provision that I request you to introduce in this bill is to recapture the unused employment based Permanent residence visa numbers from 2001 through 2005 and use it now. These Visa numbers have never been used due to various reasons within the USCIS. Using these Visa numbers will provide much needed relief to people like myself who have been waiting for many many years.
I love this country and am eager to make more contributions. Permanent Residence will allow me to start my own enterprise and create jobs in this country that I have come to respect, admire and live in. Waiting in the limbo for several years not knowing the outcome is constraining my education, abilities , work experience and drive.
Again, Thank You for introducing this bill and I urge you to add the provision to recapture the unused employment based permanent visa numbers form 2001 through 2005 that will provide the much needed relief.
Honorable Senator,
I am writing to you about 'High-Tech Worker Relief Act of 2007'
At the outset , let me express my sincere gratitude for introducing this bill. I have been in the US lawfully under the highly skilled category since 1999. However, my Permanent Residency is still pending because of employment based visa back logs. One very useful provision that I request you to introduce in this bill is to recapture the unused employment based Permanent residence visa numbers from 2001 through 2005 and use it now. These Visa numbers have never been used due to various reasons within the USCIS. Using these Visa numbers will provide much needed relief to people like myself who have been waiting for many many years.
I love this country and am eager to make more contributions. Permanent Residence will allow me to start my own enterprise and create jobs in this country that I have come to respect, admire and live in. Waiting in the limbo for several years not knowing the outcome is constraining my education, abilities , work experience and drive.
Again, Thank You for introducing this bill and I urge you to add the provision to recapture the unused employment based permanent visa numbers form 2001 through 2005 that will provide the much needed relief.
larmani
09-17 08:08 PM
We received our receipts on Aug 24 and we haven't got any FP notices. Ours is TSC.
chapper
07-23 06:59 PM
Others can correct me, if I'm interpreting it wrong. A try...
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
