ajaykk
07-27 03:30 PM
From the below FAQ2 just release by USCIS
Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
A21. Yes.
Does this apply only for ppl who have filed between July 2nd and July 17th.?? How about for people who have filed & filing between July 17th thru Aug 17th? Wud the same rule applies to them too? Any inputs on this?
Many of the law-firms including mine are just filing 485 not EAD & AP. If this rule is for everyone I'll apply EAD and AP myself after I receive proof of delivery from my attorney.
Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
A21. Yes.
Does this apply only for ppl who have filed between July 2nd and July 17th.?? How about for people who have filed & filing between July 17th thru Aug 17th? Wud the same rule applies to them too? Any inputs on this?
Many of the law-firms including mine are just filing 485 not EAD & AP. If this rule is for everyone I'll apply EAD and AP myself after I receive proof of delivery from my attorney.
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axp817
04-11 07:14 PM
Given how soon (after the layoff) the soft LUDs appeared, it is highly unlikely that they had anything to do with the layoff, unless your employer revoked the 140 a few days/weeks in advance given the impending layoff.
I haven't heard of companies doing that but you never know.
Like someone else suggested, getting a new attorney to submit G-28N is probably a good idea.
If I were you, I would do the following.
1. Call the old employer's attorney and check if the 140 was revoked, or if it is going to be revoked.
2. If the answer to the above is no, check with the attorney if they are willing to forward any future USCIS correspondence to you.
3. If the answer to #2 is 'No', get a new attorney to do a G-28N as soon as possible, and then look for a new job that qualifies for AC-21 benefits.
4. If the answer to #2 is 'Yes', then you don't need to do a G-28N right away, and could do it after you start the new job. This is just in case if the new company's attorneys require you to do a G-28N through them.
Good luck. Keep us posted.
I haven't heard of companies doing that but you never know.
Like someone else suggested, getting a new attorney to submit G-28N is probably a good idea.
If I were you, I would do the following.
1. Call the old employer's attorney and check if the 140 was revoked, or if it is going to be revoked.
2. If the answer to the above is no, check with the attorney if they are willing to forward any future USCIS correspondence to you.
3. If the answer to #2 is 'No', get a new attorney to do a G-28N as soon as possible, and then look for a new job that qualifies for AC-21 benefits.
4. If the answer to #2 is 'Yes', then you don't need to do a G-28N right away, and could do it after you start the new job. This is just in case if the new company's attorneys require you to do a G-28N through them.
Good luck. Keep us posted.
Pineapple
01-15 01:46 PM
Actually being a Defence employee is a positive. You can show proof of stronger connection to home country because of following.
1) Pension that is available every month for life.
2) Free treatment at Army Hospitals.
3) Subsidised cost at Military Canteen facilities for provisions etc.
In my opinion, the strongest proof of connection to the home country is that the person has put his/her life on the line in her (the home country's) defense..
(Obviously, my opinion does not matter to the consulate officers who give the visa :rolleyes: )
1) Pension that is available every month for life.
2) Free treatment at Army Hospitals.
3) Subsidised cost at Military Canteen facilities for provisions etc.
In my opinion, the strongest proof of connection to the home country is that the person has put his/her life on the line in her (the home country's) defense..
(Obviously, my opinion does not matter to the consulate officers who give the visa :rolleyes: )
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snathan
05-13 11:32 PM
Hi Ruban,
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
When you find the answer is helpful, please click the thank you button for the attorney. It will add points for them.
Thanks
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
When you find the answer is helpful, please click the thank you button for the attorney. It will add points for them.
Thanks
more...
desi3933
04-06 12:43 PM
By theoritical no problem, if you have credits equal to US bachelors and masters degrees.....
Could you please share source/link for your assertion?
.
Could you please share source/link for your assertion?
.
sGC
08-08 04:50 PM
Hi
Recently we went for interview and they requested a PCC for my wife since her finger prints were non classiable. So i have contacted my local city police and they have requested to contact the nj state police. The nj state police has requested a fill out a form with all the details anf they took the finger prints. my question is since the finger prints taken were non classifiable earlier how are these FP's taken by the state police going to help them. do i have to do anything else? has any one been in the same situation?
thanks
Recently we went for interview and they requested a PCC for my wife since her finger prints were non classiable. So i have contacted my local city police and they have requested to contact the nj state police. The nj state police has requested a fill out a form with all the details anf they took the finger prints. my question is since the finger prints taken were non classifiable earlier how are these FP's taken by the state police going to help them. do i have to do anything else? has any one been in the same situation?
thanks
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psvk
08-07 11:58 AM
Thanks for the laugh though
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samcam
10-24 01:59 PM
Thanks Chanduv23! Hopefully it will be a RFE :)
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met3259
07-18 04:53 PM
heh..heh.. i guess you're wrong :cool:
my LC haven't came out from BEC mess, PD Feb 2005 - Non RIR/TR (ROW)
just wanna know about this whole green card cap thing
so i can prepare myself mentally how long i have to wait for GC :o
No one knows how long. My guess (I am PD mARCH 2004 ROW) is:
In October ROW EB3 (?) you may be able to apply for I-485 & I-140, BUT you are now in line behind 100,000 ? 50,000 ? 500,000? applicants.
Hopefully this won't happen, but you need to be prepaird for a 1 - 3 year wait. These hundreds of thousands of applicaitons in for I-485 will now back-up that system
Again - hopefully I am wrong. I have been here since March 2001 and am 1 - 3 years away I think.
my LC haven't came out from BEC mess, PD Feb 2005 - Non RIR/TR (ROW)
just wanna know about this whole green card cap thing
so i can prepare myself mentally how long i have to wait for GC :o
No one knows how long. My guess (I am PD mARCH 2004 ROW) is:
In October ROW EB3 (?) you may be able to apply for I-485 & I-140, BUT you are now in line behind 100,000 ? 50,000 ? 500,000? applicants.
Hopefully this won't happen, but you need to be prepaird for a 1 - 3 year wait. These hundreds of thousands of applicaitons in for I-485 will now back-up that system
Again - hopefully I am wrong. I have been here since March 2001 and am 1 - 3 years away I think.
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AK01
02-13 12:38 AM
No, experience from current company does not count.
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
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crazyghoda
07-10 10:25 AM
The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.
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pointlesswait
02-13 10:06 AM
i spent around 3000$ for studies, could get only 2000$ under lifetime...
is there anyway i can claim the entire 3000?
is there anyway i can claim the entire 3000?
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factoryman
06-19 06:17 PM
Only one booster DTAp once every 10 years. That's all. Man it pains me. After you file, file a medical ethics complaint with INS. Or get his email. I will write to him.
I just came back from doc..and he charged 400 dollars (xray will cost more in next few days. Anyways, he says he need to administer Tetnus 3 times (6 months apart).
I am not sure what he will say in report (which i get in couple of days). But my question to you all is :
When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?
Please Reply
I just came back from doc..and he charged 400 dollars (xray will cost more in next few days. Anyways, he says he need to administer Tetnus 3 times (6 months apart).
I am not sure what he will say in report (which i get in couple of days). But my question to you all is :
When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?
Please Reply
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chanduv23
09-15 04:22 PM
Bump
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Bhadwaj
07-15 07:48 PM
Thank you GC28262,
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
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GC_1000Watt
12-09 05:40 PM
sorry didnt see the last 2 lines of your post starscream....
i will talk to some lawyers and hopefully get some answers.
my company said the appeal will take atleast 6-7 months nowadays...
i can work till then without issues.
Hi Sid,
Can you please share your experience with us. I am sure by now your case has been resolved. Please share information.
Thanks.
i will talk to some lawyers and hopefully get some answers.
my company said the appeal will take atleast 6-7 months nowadays...
i can work till then without issues.
Hi Sid,
Can you please share your experience with us. I am sure by now your case has been resolved. Please share information.
Thanks.
more...
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guchi472000
03-24 10:07 AM
Thanks much for your help. I daily pray that we all get green card and live happyly during this hard economy times.
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Googler
07-18 12:25 AM
Let us give our leaders a break for now. Let us focus on filing the apps ASAP. IV core has been working on these issues for a long time. Let us knock one wicket at a time.
Superdude and others -- momentum does not stick around -- acting before the bureaucratic mumbo jumbo starts is pretty important. While the Emilio Gonzalez and Co are still feeling the heat, while Lofgren and Co remember why this happened in the first place, before Numbersusa and Co get their story together even on this issue. The attention span of Congress, the attention span of the press is very very short.
To be completely frank, EADs and APs are crumbs -- crumbs we will all be eating for years as we wait for our green cards.
Superdude and others -- momentum does not stick around -- acting before the bureaucratic mumbo jumbo starts is pretty important. While the Emilio Gonzalez and Co are still feeling the heat, while Lofgren and Co remember why this happened in the first place, before Numbersusa and Co get their story together even on this issue. The attention span of Congress, the attention span of the press is very very short.
To be completely frank, EADs and APs are crumbs -- crumbs we will all be eating for years as we wait for our green cards.
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mohit7ul
07-12 09:51 PM
Hi
My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following
a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn
B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing
C)If she continues on H4 visa, can she still get scholarship? if not once she graduates would she be in special US master degree quota for H1B?
Any help on these would be great
Thanks
My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following
a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn
B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing
C)If she continues on H4 visa, can she still get scholarship? if not once she graduates would she be in special US master degree quota for H1B?
Any help on these would be great
Thanks
AGC4ME
02-12 10:06 AM
I140 porting is based on an approved I140 from a previous labor and hence is different from labor substitution. Therefore theoretically that labor was not allowed to expire even after the rule comes in to effect. Having said that I would rather pose this question to a lawyer.
vin13
02-15 11:46 AM
Hi Friends,
I was trying to get online tickets for my parents to come from Chennai to SFO.
..I was planning to pay from here using my credit card...but guess that might not work( see text in italics below from the airline website) , My parent have an icici debit card but that one has a limit from icici for 50,000 Rs or 75,000 Rs or so, the tickets are totally 1 lakh + so trying to figure out what might be the options....
Have the physical credit card originally used for the purchase presented by the cardholder for verification at check-in, OR on collecting the tickets, OR at the nearest Cathay Pacific Ticketing Office prior to the flight departure. The cardholder does not need to book and travel. If a transaction is successfully made with "Verified by Visa", or "MasterCard� SecureCode�", the cardholder will not be required to present the physical card used for verification.
I understand that if the cardholder fails to present the physical card originally used for booking transaction, the carrier reserves the right to -
Deny boarding, or
Collect a guarantee payment (in cash or from a new credit card).
Anyone been able to book from here for tickets starting from India ?
Thanks in Advance !!
Regards,
I have booked tickets for my parents from here on delta website. I had no issues. The price showed in Indian Rupees as it assumed i was booking from India. I called customer service, they guided me to change the country to USA which showed the price in US dollars. I then paid it with my credit card. Had no other issues...
I was trying to get online tickets for my parents to come from Chennai to SFO.
..I was planning to pay from here using my credit card...but guess that might not work( see text in italics below from the airline website) , My parent have an icici debit card but that one has a limit from icici for 50,000 Rs or 75,000 Rs or so, the tickets are totally 1 lakh + so trying to figure out what might be the options....
Have the physical credit card originally used for the purchase presented by the cardholder for verification at check-in, OR on collecting the tickets, OR at the nearest Cathay Pacific Ticketing Office prior to the flight departure. The cardholder does not need to book and travel. If a transaction is successfully made with "Verified by Visa", or "MasterCard� SecureCode�", the cardholder will not be required to present the physical card used for verification.
I understand that if the cardholder fails to present the physical card originally used for booking transaction, the carrier reserves the right to -
Deny boarding, or
Collect a guarantee payment (in cash or from a new credit card).
Anyone been able to book from here for tickets starting from India ?
Thanks in Advance !!
Regards,
I have booked tickets for my parents from here on delta website. I had no issues. The price showed in Indian Rupees as it assumed i was booking from India. I called customer service, they guided me to change the country to USA which showed the price in US dollars. I then paid it with my credit card. Had no other issues...