kishdam
02-06 03:28 PM
Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
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gccovet
07-16 08:39 AM
Hi,
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
Only I-9 is required.
gccovet
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
Only I-9 is required.
gccovet
raydhan
05-24 08:24 AM
Thanks everyone.
I am just glad to be a part of this effort. Thanks for all the encouragement and support.
Regards,
Salil
I am just glad to be a part of this effort. Thanks for all the encouragement and support.
Regards,
Salil
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JunRN
08-21 11:38 AM
Once they're through with July 2 or 3 filers, July 17th filers onwards will be next because there are just a handful who filed on July 4 to July 16. This news makes sense to me.
It seems Texas is moving fast now and so is Nebraska. We can see a big leap in the Receipting Up-date this coming Friday. Whew...mine is 2 receipting up-date away and got no privilege to see if checks got encashed because atty. paid the fees.
It seems Texas is moving fast now and so is Nebraska. We can see a big leap in the Receipting Up-date this coming Friday. Whew...mine is 2 receipting up-date away and got no privilege to see if checks got encashed because atty. paid the fees.
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dealsnet
08-04 01:51 PM
She have the H-4 because of her husband. If he want to cancel, he can inform USCIS about the separation. The USCIS can cancel her H-4 and she will be out of status. Just like employer can cancel the H1B. If he didn't cancel, she can stay untill the validity of her I-94.
USCIS will approve the GC, when they satisfy the spouse is living with the petitioner and every thing in order and without any problem (joint tax, bank accounts etc....).
That is why they again send RFE for some people.
Even family based GC after marriage there will be an interview after years to get the permanent GC. In that interview, judge will ask and find out what level of intimacy these couples have. He want to satisfy these people are real husband and wife. (this interview is not for employment based candidates)
If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.
USCIS will approve the GC, when they satisfy the spouse is living with the petitioner and every thing in order and without any problem (joint tax, bank accounts etc....).
That is why they again send RFE for some people.
Even family based GC after marriage there will be an interview after years to get the permanent GC. In that interview, judge will ask and find out what level of intimacy these couples have. He want to satisfy these people are real husband and wife. (this interview is not for employment based candidates)
If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.
satishku_2000
11-20 12:40 PM
For July 2nd filers, the freedom is attained on Dec 29th (180 days after filing).
I know ... :)
I know ... :)
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chanduv23
10-15 07:29 AM
Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
My friend is working in a medium company for 5 years after he got GC.
Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
here are examples...
1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
2) during discussion do not use any US slangs. Talk to them in simple english.
3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
4) know something about cricket. Indians love cricket game.
The world is flat. Any job that CAN be outsourced, will be outsourced. Now, it may be India, but other places are catching up. No matter how efficient you are and how much knowledge you have, if your job CAN be outsourced, it will be outsourced. Companies hire specialists who do the ourtsourcing process. Almost all layoffs are a result of moving the jobs out or closure of partial or complete businesses.
For outsourciong, all we need is a high speed internet connection and a skype software as a bare minimum.
Yes, this is a constantly changing world, none of the jobs are stable and things keep constantly changing. Read the book "The world is flat" by Thomas Friedman and you will understand what it is all about
My friend is working in a medium company for 5 years after he got GC.
Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
here are examples...
1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
2) during discussion do not use any US slangs. Talk to them in simple english.
3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
4) know something about cricket. Indians love cricket game.
The world is flat. Any job that CAN be outsourced, will be outsourced. Now, it may be India, but other places are catching up. No matter how efficient you are and how much knowledge you have, if your job CAN be outsourced, it will be outsourced. Companies hire specialists who do the ourtsourcing process. Almost all layoffs are a result of moving the jobs out or closure of partial or complete businesses.
For outsourciong, all we need is a high speed internet connection and a skype software as a bare minimum.
Yes, this is a constantly changing world, none of the jobs are stable and things keep constantly changing. Read the book "The world is flat" by Thomas Friedman and you will understand what it is all about
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vin13
01-06 08:41 AM
I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.
Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.
When you first approach the Immigration officer let him know that you are using Advance Parole.
Surrender all your i-94s while leaving. Make a copy for your records (both sides).
I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.
The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.
Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.
Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.
When you first approach the Immigration officer let him know that you are using Advance Parole.
Surrender all your i-94s while leaving. Make a copy for your records (both sides).
I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.
The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.
Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.
more...
vgghanta
05-24 10:01 AM
I am a Pharmacist. Changed the employer oct 2006. Had my perm filed thru previous employer and also I-140 approved thru previous employer in Aug 2006. My new employer has initiated the process for PERM. What will happen to my case? Will I be under old system or will I go under merit based system.
If I go under merit bases system what would be my chances? I have Masters in Pharmacy from India and has 3 years of US experience.
Someone please advise. I guess I have to repent for changing the employer.
If I go under merit bases system what would be my chances? I have Masters in Pharmacy from India and has 3 years of US experience.
Someone please advise. I guess I have to repent for changing the employer.
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harikris
12-05 09:56 PM
Hi maverick_iv and smuggymba - thanks to you both. between you two, all my Qs are answered.
I will mail the app and then go visit the embassy after 10 days - i think that will be more effective.
Thanks.
I will mail the app and then go visit the embassy after 10 days - i think that will be more effective.
Thanks.
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amitga
03-17 11:29 AM
Its SUTAIN Act not STRIVE Act.
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ags123
07-26 09:57 AM
I recently got my Eb2 India Employment based I-485 approved. I am going to file my spouse's I-485 soon and was wondering what address I should send the forms to.
The direct filing address says
USCIS Chicago Lockbox
For U.S. Postal Service (USPS) deliveries:
USCIS
PO Box 805887
Chicago, IL 60680-4120
For Express mail and courier deliveries:
USCIS
Attn: FBAS
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517
However my attorney says we need to send it to the Nebraska Service Centre as my application was filed and approved there.
So should my lawyer send it to the Chicago lock box or NSC? Please let me know if you have personally done this recently after the addresses changes
The direct filing address says
USCIS Chicago Lockbox
For U.S. Postal Service (USPS) deliveries:
USCIS
PO Box 805887
Chicago, IL 60680-4120
For Express mail and courier deliveries:
USCIS
Attn: FBAS
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517
However my attorney says we need to send it to the Nebraska Service Centre as my application was filed and approved there.
So should my lawyer send it to the Chicago lock box or NSC? Please let me know if you have personally done this recently after the addresses changes
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mpadapa
08-04 03:36 PM
Based on what you have said. She is not even entitled for EAD, because U, mentioned that she got married after 485 was filed by here spouse. If the spouse had added her as dependent after marriage then she can derive EAD and AP benefits. Also if she is a dependent on his 485 there should be some concrete evidence (divorce papers) for him to drop her out of the dependent status.
We need much more info to help out.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?
--He had filed his 485 before she got married to him.
We need much more info to help out.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?
--He had filed his 485 before she got married to him.
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pointlesswait
01-09 02:13 PM
it will be a status quo! i will be surprised if it moves!!!
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jsb
01-21 09:07 AM
hi dionysus
i got this from some requirement agencies
If it really has some source of information (and is not a pure rumour), then it may come out as some kind of order that PD cutoff dates can only be moved forward (i.e. no retrogression). We all know, moving dates like a yoyo does not make any sense. It only tells that decision makers over there just don't know what they are doing. This order might force them to think and work before issuing new cutoff dates.
i got this from some requirement agencies
If it really has some source of information (and is not a pure rumour), then it may come out as some kind of order that PD cutoff dates can only be moved forward (i.e. no retrogression). We all know, moving dates like a yoyo does not make any sense. It only tells that decision makers over there just don't know what they are doing. This order might force them to think and work before issuing new cutoff dates.
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paskal
09-11 12:28 AM
/\/\/\/\/\/\
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suva321
01-20 07:34 PM
From Nov 14th 2008 verything got changed, now first they issue one year
after that you need apply again for 10 years.
after that you need apply again for 10 years.
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rangaswamy
10-25 04:30 PM
Mine still says pending even though i received it 2 weeks ago....
but my spouses status was spot on through the process..
but my spouses status was spot on through the process..
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mrsr
02-20 11:13 AM
InterFiling Help please gurus...
meher
12-25 12:35 PM
At present till now based on the talks i had with my employer i donot have any hopes that he will be running the pay stubs.
The pay specified in my LCA is $44000. I have been paid on hourly basis of 43$/hr till now and the pay stubs reflect that. If i go to DOL or go through attorney will i be paid at $44000 or will the previous pay stubs help in getting me the rightful salary.
Sure i will let know the employer name. I am just waiting to have my H1B transfer.
MRD
The pay specified in my LCA is $44000. I have been paid on hourly basis of 43$/hr till now and the pay stubs reflect that. If i go to DOL or go through attorney will i be paid at $44000 or will the previous pay stubs help in getting me the rightful salary.
Sure i will let know the employer name. I am just waiting to have my H1B transfer.
MRD
chanduy9
07-05 11:25 AM
Here is the link
http://immigrationvoice.org/forum/showthread.php?t=6029
http://immigrationvoice.org/forum/showthread.php?t=6029
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