Nil
04-07 06:01 PM
Approaching the presidential candidates is a good idea.
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sidbee
02-22 12:37 PM
I am not a lawyer , and this is not a legal advise.
According to my study , and talk with some lawyers .. Yes it could be same.
But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.
Eg .
You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.
Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.
Talk to Ur attorney about the points i mentioned.
According to my study , and talk with some lawyers .. Yes it could be same.
But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.
Eg .
You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.
Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.
Talk to Ur attorney about the points i mentioned.
tdasara
06-12 07:06 PM
Investing in a company -> Yes (shareholder)
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
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rjgleason
March 3rd, 2004, 06:52 PM
Its a great shot and I like the way there is the "light and the end of the tunnel"
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chanduv23
03-08 08:30 PM
Do the stastics actually show spilled over numbers? ie if EB1 India has depleted 3K visas, does it mean upto 3K were used because they got spilled to Eb2 and Eb3?
sach222
11-30 10:58 AM
I have the exact same scenario :(
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karthiknv143
07-26 03:01 PM
Please update the tracker
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mhathi
03-20 12:14 PM
What EndlessWait meant was, more the number of employees in a small company, the chances of RFE with ability to pay will be higher...
Overall true, just one clarification... More the number of employees that have applied for a GC, chances of RFE are higher.
Am I correct?
Overall true, just one clarification... More the number of employees that have applied for a GC, chances of RFE are higher.
Am I correct?
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flyingninja
10-30 12:36 AM
Thanks,for providing feedback, please keep sharing the developments or additional information that you might have. Interestingly I did notice that all the candidates in front of me at the VO counter also seem dejected, so it seems this new practice is much more widespread.
I am working on obtaining the documents and plan to visit consulate next week sometime. When I spoke with my employer, I was told that there were other cases in different consulate location in India where our employees faced similar problems. One of the case was also with an H4 candidate who was told to produce all these documents, at least one good thing I was told that all the cases were approved after submitting the supporting documents in few days. I am working on obtaining necessary documents at the earliest, make an honest case to the VO when I submit all the documents and will leave rest on god almighty.
I am working on obtaining the documents and plan to visit consulate next week sometime. When I spoke with my employer, I was told that there were other cases in different consulate location in India where our employees faced similar problems. One of the case was also with an H4 candidate who was told to produce all these documents, at least one good thing I was told that all the cases were approved after submitting the supporting documents in few days. I am working on obtaining necessary documents at the earliest, make an honest case to the VO when I submit all the documents and will leave rest on god almighty.
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akred
06-23 01:38 AM
Generating receipt may take 7-8 days but if they open it
Monday June 25th they may reject it saying its not current .... ??
That rejection will probably come back after 7 days too :-)
Yeah, its not worth the risk. Just curious about how this timeline works though.
Monday June 25th they may reject it saying its not current .... ??
That rejection will probably come back after 7 days too :-)
Yeah, its not worth the risk. Just curious about how this timeline works though.
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gc@waiting
09-30 07:01 PM
Thanks very much dingudi.
BUT does anyone know as to what are the options if the 140 is still pending and the applicant is laid off after 6 months of 140/485 pending?
BUT does anyone know as to what are the options if the 140 is still pending and the applicant is laid off after 6 months of 140/485 pending?
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REQUIRE_GC
08-03 11:14 PM
I have a follow-up question. If I do not get my EAD before my current one expires, am i out of status? I have a LIN number for the renewal submission.
As long as You have Applied in Time You are not Out of status. If you have crossed 90 days , you can go to local immigration office and request for the temporary permit.
I submitted renewal on July 12, and I received an email on saturday for Card Production ordered and I did not receive any FP notice for renewal.
Hope this answers your question
As long as You have Applied in Time You are not Out of status. If you have crossed 90 days , you can go to local immigration office and request for the temporary permit.
I submitted renewal on July 12, and I received an email on saturday for Card Production ordered and I did not receive any FP notice for renewal.
Hope this answers your question
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prince_charming
11-30 01:05 AM
Hi Prince,
Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
Thanks,
Its been 2 years but my I-485 still shows denied although my MTR got approved and i have renewed 2 EADs and 2 APs etc.
Don't know for sure but i sent a letter to whitehouse and they sent a response couple of months later indicating my case is waiting for VISA number and everything else is alright.
And since my EADs and APs are approved in 2 years i am not that worried about online showing denied.
Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
Thanks,
Its been 2 years but my I-485 still shows denied although my MTR got approved and i have renewed 2 EADs and 2 APs etc.
Don't know for sure but i sent a letter to whitehouse and they sent a response couple of months later indicating my case is waiting for VISA number and everything else is alright.
And since my EADs and APs are approved in 2 years i am not that worried about online showing denied.
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lazycis
02-14 04:42 PM
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
more...
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chanduv23
06-18 02:27 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
h1 transfer is perfectly legal and you will not have any stamping issues.
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
h1 transfer is perfectly legal and you will not have any stamping issues.
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pappu
07-02 09:39 AM
I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
Once you go out of the country without filing 485 or getting EAD after 485. Your 140 and LC is still valid (provided the employer has not cancelled it). If the job and position for you still exists in the company (and the company wants you for employment), you can file 485 from anywhere and go for councellor processing.
Once you go out of the country without filing 485 or getting EAD after 485. Your 140 and LC is still valid (provided the employer has not cancelled it). If the job and position for you still exists in the company (and the company wants you for employment), you can file 485 from anywhere and go for councellor processing.
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EndlessWait
07-31 05:02 PM
This is just a letter sized paper. No pictures. Some people accept it. Some don't. Even in Florida. It didn't use to have a signature. But I guess now it does. Last time I asked them and they said it is valid and should be accepted anywhere in FL. But, try renting a car with it.
Its worse if you have to travel out of state, and rent a car. I had to travel on work and it was horrible. Every time you use your credit card they ask for photo ID.
There is another thing called ID card, different then license.
Its worse if you have to travel out of state, and rent a car. I had to travel on work and it was horrible. Every time you use your credit card they ask for photo ID.
There is another thing called ID card, different then license.
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imind
03-12 03:37 PM
If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.
Thanks.
Thanks.
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legaleagle
05-27 06:37 PM
Hello diptam,
I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
Thanks
I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
Thanks
mavrick
06-03 11:01 AM
That is disappointing. But I guess we don't have a choice.
babu123
08-29 12:33 PM
I checked my bank account today. The checks got encashed.
USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.
USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.
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