bradley emmanuel

My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.

Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?

Gurus, please advice

(BTW I have an approved I-140.)

Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.


From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

You should be okay

Hi,

I have my I-140 approved in EB2 category (applied in Feb 06), at present
in H1b (paperwork valid till Nov. 07). I would like to know
whether there are any problems in going to India and getting
my visa stamping done.

Are there any legal issues - like you cannot travel abroad while your I-140 is
approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
is Jan 03).

Any suggestions/comments/advice greatly appreciated.

pradeep
You will have no problems.Take all the regular paper work and also take a copy of your labor and I140.

H1B or not to Be is the question ?

join IV for the answers ;)

I like this one!

Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!

how about applying for a tourist visa for that time period?

Can we apply for tourist visa from US?

I checked at NY Kaplan. they have 3months course for $1800 and 4months course for TOEFL for $5500. Since we need atleast 4 months I20, I guess I have to check some community college if they offer something cheap.

One more question is, the community college usally have admission from spring. They don't issue I20 in summer. So I guess I have to start from January itself. In that case is it possible to get admission in January and start the class in summer? In that way I can save some money.

I applied for my 485/AP/EAD last year. Got my AP and EAD.

Last week I applied for renewal of my EAD and AP. They sent back both of my applications saying they need a 485 reciept notice. I have attached an explanation saying I did not get my 485 reciept notice and I gave the reciept number. Also attached last years approved EAD stub and EAD reciept notice with the EAD application. I have attached last years AP reciept notice with AP application as proof of my 485 application.

I dont know why they could not check with my A# or SSN. Sometimes they are moody or Some of them are crazy.

I think your attoney/employer put their address on the 485 app and they should have it. Lot of insecure consulting companies(you know what I mean) do that and make us believe that our 485 reciept notice was lost in the mail.

My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible

neither do I...

:::::evil:::::

I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

Here are the definitions

Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

Let’s consider the following scenario

1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

2) I-140 gets approved and I-485 is pending for more than 180 days.

3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

5) I-485 gets approved.

Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

What if company C is running in loss and not in a position to pay the proffered wage.

Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?

gg_ny/others,


1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?


2) gg-ny, can you eloborate on this please?

(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.


Thanks for your responses.



Sendil
Hi,

I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
1) unless you USE your EAD, H1 or H4 status wouldn't be affected
2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.

Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.

Let us not turn it into EB immigrants vs. undocumented fight. They are human beings too, with a dream for better tomorrow just like us.

As long as CIR includes fixes for EB immigration there is no reason to oppose Legalization or the CIR. We the last CIR was opposed by our community not because it had Amnesty, but because it was really bad for EB immigrants due to the short-sightedness or some hard-leftist politicians. If CIR 2007 had pro-EB measures included our community would have supported it CIR or not.

On a personal level, I support legalization as I am opposed to the formation of another underclass. Just like I feel it morally repulsive that Indians, Chinese, legal Mexicans and Phillipinos being denied voting rights for years based on the country of birth, it's equally repulsive that 12 million people will live in this country with no voting rights. (make no istake, most of them aren't going anywhere). It's a mockery of the reason that America broke away from the British Empire - 'No taxation without representation'. (Studies have shown many undocumented immigrants in good paying jobs pay taxes using fake or someone-else's SSN. These taxes add up to millions of dollars every year)


CIR must be defeated. It has no benefits for legal immigrants but only for illegal immigrants. Worksite enforcement must be increased to make it impossible for illegal immigrants to make a living in the USA. If not, USA will become like Mexico and USA will lose it's magnet for attracting the world's best!

The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.

CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.

What if one decides to go back to school to get another degree when on EAD, is this possible?

The only issue I see is that you need to have a job lined up when your GC is close to approval and you get a RFE for proof of employment for example - is it a norm to get this kind of RFE or at most times you just get the approval notification for the GC?

Any insight in this regard will be very much appreciated.

Q. How soon can I leave my petitioning employer once I get my green card approval?

A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.

There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.


FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?

A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.

Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?

A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.

Source??

And please post in the media thread...

When did this happen? Why wasn't such a major policy change communicated on the Home Page?!

Is "Bill Pay" option ever going be re-instated?!!

Lecter , the quality of your pics is first class...the sharpness which comes from very good optics is amazing.
Your subjects and locations, being so exotic to western eyes make for great portraits
The set you posted is great. This last one I like for the short DOF, the highly contrasted BW areas, the ripples on the water, and about the composition I like the geommetry of the photo, the intersecting diadonals of boat and pole, with the upright figure of the subject, and the way the sight is led to the boats in front.
(IMHO)

p.s. Hey .....I hear Thai girls are very beautiful...couldn't you show us some of those too ? :D

I have printed the banners (they will go up on all the Indian stores that I can find).

I have sent out an email to all my friends who are on work permits.

Hi,
one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
Thank you

The short answer is, it does not work. It has been permanently banned following heavy abuse.

Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.

Yes, everyone's numbers will be unique

But my question is can you have BOTH of them. Some say you can have 2 H1s at the same time for different companies, so hence my question was, can you have an H1 and an L1 at the same time.

Biju, whom did you ask, an immigration attorney or just on forums?

http://msnbc.msn.com/id/12175475/