nrk
10-26 08:31 PM
My online status shows
On September 26, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.
This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?
On September 26, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.
This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?
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andy garcia
06-05 04:34 PM
well this memo is taking it one step further than the last memo -
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
You are interpreting as: It must be approved when in reality it means that It should have been already approved in order to make a decision on portability. They can not be forced to approve your I-140 just because you are changing jobs.
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
You are interpreting as: It must be approved when in reality it means that It should have been already approved in order to make a decision on portability. They can not be forced to approve your I-140 just because you are changing jobs.
Berkeleybee
04-10 08:51 PM
Bee:
Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit.
I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.
(i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22
"In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."
So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.
(ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)
We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.
best,
Berkeleybee
Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit.
I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.
(i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22
"In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."
So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.
(ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)
We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.
best,
Berkeleybee
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vasa
07-16 11:41 PM
well then you will always rely on your experience and skills, there is a reason skills are categorized as junior staff and senior admins/developers/mgrs etc.
if u got the skills there's not stopping any one.:)
if u got the skills there's not stopping any one.:)
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Student with no hopes
04-23 11:04 AM
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
Arrived F1: Dec. 2001
H1-B: May 2005
Labor Applied: No
I-140 Applied: No
I-485 Applied: No
Laid off: April 2009
Departed USA: May 2009
You left US?
Arrived F1: Dec. 2001
H1-B: May 2005
Labor Applied: No
I-140 Applied: No
I-485 Applied: No
Laid off: April 2009
Departed USA: May 2009
You left US?
viv24
05-26 12:13 AM
My problem is that, i have approved h1b, went for stamping to canada, got stuck there for 60 days under 221g, the consulate has still my stamping pending,meanwhile to protect my job i used my AP.
my questions, do i have use ead or can stay in h1b when the stamping is pending.
my questions, do i have use ead or can stay in h1b when the stamping is pending.
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alterego
09-15 01:39 PM
Hey, this sounds sig-worthy... can I use that for my sig?
Did you come to america for Horizontal growth...................ie to increase your girth?
You could easily do that in india these days. Some comments here are plain funny!
Did you come to america for Horizontal growth...................ie to increase your girth?
You could easily do that in india these days. Some comments here are plain funny!
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mbartosik
02-12 05:12 PM
Many states are "employment at will" states. This includes NY. You can say good bye that day and not turn up again (works both ways). Did you have leave owing and thus were simply using up paid leave before leaving him. If you did not sign a no-compete he doesn't have a leg to stand on, and even if you did no-compete contracts are often unenforceable because they go too far.
If you left without telling him and continued to draw salary that could be a problem.
If you are working for a customer that he still does business with, then speak with your managers. If you have a good relationship there the managers may put pressure on him -- like threaten to cancel his remaining contracts.
IRS explains in their FAQ what to do if you cannot get W2 (linked to earlier in this thread I think). DO NOT PAY A PENNY FOR IT! Do not accept an incorrect W2 either!
Better still go to a local IRS office and get advice. If you get a helpful IRS customer service rep, then ask to call your employer on a speaker phone with them present, imagine what IRS might do to him if they hear him on the phone attempting to blackmail you! I hear major audit coming! Or ask IRS to phone him there and then on your behalf, so they can ask for the W2 to be sent. If he dares tell them he won't send it he will find himself in a world of pain. The IRS do have a procedure, so they will likely send a demanding letter, woe is he who ignores such a letter.
Personally I would rather pick an argument with a police officer than an IRS representative. IRS has much more power put him in a world of pain than any other agency.
Customer service people are humans too, and I've found IRS customer service helpful before, be polite and they will advice they are going to hate the idea of someone being blackmailed for a W2, you might even "make their day".
If you left without telling him and continued to draw salary that could be a problem.
If you are working for a customer that he still does business with, then speak with your managers. If you have a good relationship there the managers may put pressure on him -- like threaten to cancel his remaining contracts.
IRS explains in their FAQ what to do if you cannot get W2 (linked to earlier in this thread I think). DO NOT PAY A PENNY FOR IT! Do not accept an incorrect W2 either!
Better still go to a local IRS office and get advice. If you get a helpful IRS customer service rep, then ask to call your employer on a speaker phone with them present, imagine what IRS might do to him if they hear him on the phone attempting to blackmail you! I hear major audit coming! Or ask IRS to phone him there and then on your behalf, so they can ask for the W2 to be sent. If he dares tell them he won't send it he will find himself in a world of pain. The IRS do have a procedure, so they will likely send a demanding letter, woe is he who ignores such a letter.
Personally I would rather pick an argument with a police officer than an IRS representative. IRS has much more power put him in a world of pain than any other agency.
Customer service people are humans too, and I've found IRS customer service helpful before, be polite and they will advice they are going to hate the idea of someone being blackmailed for a W2, you might even "make their day".
more...
aroranuj
04-20 07:26 PM
Can someone please shed some light if my attorney is heading in the right direction?
Thanks,
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Thanks,
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
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aachoo
02-14 12:32 PM
Is it a people manager or product manager category? Any idea what documents do you need for EB1?
Not a people manager AFAIK. I think it is a group lead position but no poeple manager responsibility.
Not a people manager AFAIK. I think it is a group lead position but no poeple manager responsibility.
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eastindia
04-22 09:36 AM
H1Bslave you have no idea what you are talking about. Find me a single Senator who is opposed to illegals and favors legals. By Legals I mean H1Bs like you and me. Ask that Senator if he supports H1Bs completely.
Or find me a bill that opposes illegals and fully supports legals ie; H1Bs like you and me.
This is a challenge for you.
I hope your slave mentality has enough wisdom to answer rather than asking your master who has exploited you so much that you have lost your rational thinking.
Or find me a bill that opposes illegals and fully supports legals ie; H1Bs like you and me.
This is a challenge for you.
I hope your slave mentality has enough wisdom to answer rather than asking your master who has exploited you so much that you have lost your rational thinking.
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jasguild
07-16 10:59 PM
but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
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SkilledWorker4GC
07-08 04:07 PM
Just to add to your description of indians, We have people like Bobby Jindal of indian origin who doesnt care about his own roots and his own people but would do anything for his own selfish political career.(Even change religon and change name). Shame on you Mr Jindal.
Based on what Zoe Lofgren said in the video interview it is clear that no piece meal changes will be entertained. Courtesy of the media (read: Lou Dobbs) and the hispanic representation in the Congress/Senate any legal immigration effort is held at gun-point. In my opinion all changes will be rolled up into CIR, which may pass as late as 2010. Be it Obama or McCain, they have bigger issues to address before worrrying about immigration and that to legal immigration. Both have to live up to poll promises and immigration reform features only as a lip-service when both speak on the campaign trail. Bringing the troops home, addressing issues with economy, and solving the energy needs will be prioririty number one for the new President.
I spent considerable time reading the last CIR proposal and it was clearly in favor of illegal immigrants. Restrictions on hiring legal immigrants and choking their talent featured at the top of the "to do" list for legal immigrants like us. I dont see much change in the next CIR. Few changes here or there but the word "Comprehensive" in CIR is reserved for illegals.
Who is to blame? In my opinion, US. Not U.S but us (we the people). On one hand you observe legal hispanic immigrants and business fighting for the cause of their community and on the other we conveniently forget our community as soon as we adopt this alien land. I live in the Bay Area and boy have I seen the marathi mandals, kannada sanghas, TANA, AATA, BATA and God knows how may orgranizations that represent our fractured presence in this country. We have shamelessly displayed our differences based on cultural backgrounds/needs. Sardar Patel's dream of "Ek akhand bharat" (one united India) seems to reverberate only when India plays Pakistan in a game of cricket. I wonder if people such as Vinod Khosla, Vinod Dham, Arun Netravali, Indra Nooyi understand or are are atleast cognizant of the issues their community is facing. For a wild second, imagine the above four making a few phone calls. I bet the impact will be huge.
Congratulating ourselves for small achievements and patting each other the back for things such as two year EAD extension, etc is great but the celebrations have to stop and we need to focus on CIR. Immigrationvoice is a great organization and I will not take away anything from it. That said, collecting a few hundred thousand, making phone calls, and sending flowers is going to do jack-shit. We need representation on the corridors of power. That's where the battle is.
Finally anybody who calls the D.C rally a success needs to go easy on the weed. I was there and I can tell you, it was pathetic. Compare that to the L.A rally by the hispanic community. We can give a million explanations on why the D.C rally was under-represented. The bottomline my friends is that the L.A illegal rally got more coverage on CNN and the media, which clearly translated into a biased CIR.
Lastly, please dont take a few lines from what I've written and display your rebuttal skills. Frankly, I give a rats ass on what you have to say.
Based on what Zoe Lofgren said in the video interview it is clear that no piece meal changes will be entertained. Courtesy of the media (read: Lou Dobbs) and the hispanic representation in the Congress/Senate any legal immigration effort is held at gun-point. In my opinion all changes will be rolled up into CIR, which may pass as late as 2010. Be it Obama or McCain, they have bigger issues to address before worrrying about immigration and that to legal immigration. Both have to live up to poll promises and immigration reform features only as a lip-service when both speak on the campaign trail. Bringing the troops home, addressing issues with economy, and solving the energy needs will be prioririty number one for the new President.
I spent considerable time reading the last CIR proposal and it was clearly in favor of illegal immigrants. Restrictions on hiring legal immigrants and choking their talent featured at the top of the "to do" list for legal immigrants like us. I dont see much change in the next CIR. Few changes here or there but the word "Comprehensive" in CIR is reserved for illegals.
Who is to blame? In my opinion, US. Not U.S but us (we the people). On one hand you observe legal hispanic immigrants and business fighting for the cause of their community and on the other we conveniently forget our community as soon as we adopt this alien land. I live in the Bay Area and boy have I seen the marathi mandals, kannada sanghas, TANA, AATA, BATA and God knows how may orgranizations that represent our fractured presence in this country. We have shamelessly displayed our differences based on cultural backgrounds/needs. Sardar Patel's dream of "Ek akhand bharat" (one united India) seems to reverberate only when India plays Pakistan in a game of cricket. I wonder if people such as Vinod Khosla, Vinod Dham, Arun Netravali, Indra Nooyi understand or are are atleast cognizant of the issues their community is facing. For a wild second, imagine the above four making a few phone calls. I bet the impact will be huge.
Congratulating ourselves for small achievements and patting each other the back for things such as two year EAD extension, etc is great but the celebrations have to stop and we need to focus on CIR. Immigrationvoice is a great organization and I will not take away anything from it. That said, collecting a few hundred thousand, making phone calls, and sending flowers is going to do jack-shit. We need representation on the corridors of power. That's where the battle is.
Finally anybody who calls the D.C rally a success needs to go easy on the weed. I was there and I can tell you, it was pathetic. Compare that to the L.A rally by the hispanic community. We can give a million explanations on why the D.C rally was under-represented. The bottomline my friends is that the L.A illegal rally got more coverage on CNN and the media, which clearly translated into a biased CIR.
Lastly, please dont take a few lines from what I've written and display your rebuttal skills. Frankly, I give a rats ass on what you have to say.
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GCInThisLife
07-19 12:25 PM
Since we already applied for I-485, I am keeping my fingers crossed. Her employment letter (submitted) only says that she is employed with the company and her employment is valid till 2008.
Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.
I am sure so many in the same boat. Is there anything we could do?
Isn't valid/unexpired I-94 counts as legal status not the approval notice. Also what if the employee takes a un-paid leave of absence due to health reasons etc.
I am sure so many in the same boat. Is there anything we could do?
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Legal
06-10 04:59 PM
I 100% agree with you about visa capture...
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
I agree with your comments about "things not adding up".
Not sure about any language specifying spillover can occur only at the end of the year.
Doubt if there is anything in the law that prevents spillover to be used every quarter.
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
I agree with your comments about "things not adding up".
Not sure about any language specifying spillover can occur only at the end of the year.
Doubt if there is anything in the law that prevents spillover to be used every quarter.
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scelamko
12-03 04:49 PM
I called the customer service # on 11/04 and the guy told me that he is sending email reguest for my FP and I got FP notice (my attorney's office also got one) on 11/13. Hope this helps.
gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.
gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.
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GKBest
07-16 11:50 PM
Plus if the news is what we expect (ie july applications will be accepted), think about what that will do to the people who cant file in time by the end of July. There application will FOREVER be Unavailable.
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
Be happy that you were able to file considering that you only spent 6 years of waiting. Think of the others who are waiting for more than 10 years.
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
Be happy that you were able to file considering that you only spent 6 years of waiting. Think of the others who are waiting for more than 10 years.
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eb3_nepa
12-04 08:06 PM
I'll belive it when i actually SEE it happen. Rediff and TOI report all sorts of stuff that is sometimes far from the truth. Remember when the bill was introduced in senate and was being debated, they published that the H1B increase bill has been passed! Let us get official word that this has happened and we can be happy after that.
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gps
06-20 12:20 PM
jahnavi
May i know when was your last fingerprint done, my PD is Aug 2003 and i had finger print done long back so do they need to do the fingerprint gain before approving?
May i know when was your last fingerprint done, my PD is Aug 2003 and i had finger print done long back so do they need to do the fingerprint gain before approving?
mhtanim
12-03 08:29 PM
Hi Guys,
Applied 485 on Aug 15th got our FP notices friday scheduled on Dec 20th
Thanks,
Kris
Did you file a Service Request for FP Notice?
Applied 485 on Aug 15th got our FP notices friday scheduled on Dec 20th
Thanks,
Kris
Did you file a Service Request for FP Notice?
mhtanim
07-21 11:35 PM
So this confirms FIRMLY that antis and BusinessWeek are working in tandem against legal immigration reform. Sometime back.. I read that BusinessWeek is for sale.. by McGraw Hill (its parent company). I wish.. that sale happens soon and let common sense prevail. Probably they are trying too hard to shore up their subscriber base by evoking the last resort.. creating sensation with meaningless issues.
If the sale takes place, it probably will be bought by either a Chinese or Indian company. Some dumb anti-immigrationists will try to block legal migration every possible way when most of their companies are either taking jobs overseas or getting sold to foreign companies. Go and find the source of what has destroyed the economy and try to fix it. No foreigner has ruined the economy.
If the sale takes place, it probably will be bought by either a Chinese or Indian company. Some dumb anti-immigrationists will try to block legal migration every possible way when most of their companies are either taking jobs overseas or getting sold to foreign companies. Go and find the source of what has destroyed the economy and try to fix it. No foreigner has ruined the economy.