mdforgc
05-19 04:48 AM
I am not a lawyer, just an immigrant who waded thru these, stil pending GC 485 filed. The issue is, if your employer revokes your 140 before it is approved, or worse yet, if it is not filed, I dont know what visa u r on or how much is left on it. In any case, from my experience, you have to be able to know and track ur application once it is filed, as in my experience there is an unholy nexus betwween employers and lawyers, not to mention the inherent delaying nature of these immigration lawyers. Points
1. Be able to track ur application on USCIS website with the receipt number
2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.
1. Be able to track ur application on USCIS website with the receipt number
2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.
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tnite
07-30 02:19 PM
I wouldnt be surprised if this thread is referenced by numbersusa and alipac.us as " H1B's using anchor babies to get Green cards"
They did have it in their fax campaign but removed it.
They did have it in their fax campaign but removed it.
Munna Bhai
11-13 04:29 PM
I receive a confirmation for Address change after submitting online form and which I received some where around that time.
My EAD and Advance Payroll are approved but I did not receive Adv Payroll yet, waiting on it for 15 days.
it's advance parole not advance "payroll"
My EAD and Advance Payroll are approved but I did not receive Adv Payroll yet, waiting on it for 15 days.
it's advance parole not advance "payroll"
2011 2008 Jeep Patriot Sport Sport
senthil1
07-08 02:51 PM
It is not just IV. He does not give any other source where he is getting information. In IV some persons always try to find fault with others whether pro immigrants or Anti immigrants. IV is dealing with only very small part of immigration that is Green card for highly skilled persons. But other groups like AILA is trying to get benefit for all the section of immigration. Of course there is no surprise in seeing their welfare first before seeing others. Lawyers will give more importance to their profession than the common people
Given that (I believe) he regularly visits IV and gets information from here, but never wants to give IV the credit for it.
Given that (I believe) he regularly visits IV and gets information from here, but never wants to give IV the credit for it.
more...
indianabacklog
03-17 07:47 AM
The detail is in the advert for the position. It is very specific in its requirements and you do not match them.
I was in exactly this position in 2002 and the appeal such as you suggest as second option failed and wasted six months.
I had to start the entire process again. The most frustrating part for me was the department of labor had assisted my employer with the advert and the alteration they made to the advert was the thing that screwed me in the end.
By virtue of the PERM system now you are really not going to lose all that much on your priority date and you could have another I140 filed before any appeal is even dealt with.
I was in exactly this position in 2002 and the appeal such as you suggest as second option failed and wasted six months.
I had to start the entire process again. The most frustrating part for me was the department of labor had assisted my employer with the advert and the alteration they made to the advert was the thing that screwed me in the end.
By virtue of the PERM system now you are really not going to lose all that much on your priority date and you could have another I140 filed before any appeal is even dealt with.
rnvd
10-31 10:10 AM
Hi Ramba,
The POE offier given I-94 based on the visa expiry eventhough i showed new H1b approval. I told office i am working for this new company.
The POE offier given I-94 based on the visa expiry eventhough i showed new H1b approval. I told office i am working for this new company.
more...
jkays94
06-01 01:08 PM
No problem Sobers, it is interesting to note the links between the Center of Immigration Studies (often cited by many anti-immigrationists) and one of these groups. What is indeed interesting is how some legislators maintain close ties with these organizations, some of whose activities as outlined by the SPLC are indeed shameful.
2010 2008 Used Jeep Patriot Limited Sport Utility 4D at Beck Automotive Group
EndlessWait
06-20 12:10 PM
.. bumping
more...
sh2005
08-13 11:24 AM
From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
It makes predicting when our applicatios will be done a little harder :)
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
It makes predicting when our applicatios will be done a little harder :)
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iamlost
07-25 10:44 AM
In all of the years that I have been doing evaluations I have seen only two cases where a GC had a NOIR (Notice of intent to revoke) for education reasons. Both had 3 year degrees. One case was several years ago and approved and the other was recent and just submitted.
Do you know the reason for your notice?
In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.
Do you know the reason for your notice?
In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.
more...
pkv
01-07 05:55 PM
IVians
I applied for I-485 during in July 07 and have I-140 approved.
I renewed my passport last week, new passport number is different.
Should I inform USCIS about this change?? is there any process/form for this?
Please share experiences, I'm sure many of us must have experienced this.
I applied for I-485 during in July 07 and have I-140 approved.
I renewed my passport last week, new passport number is different.
Should I inform USCIS about this change?? is there any process/form for this?
Please share experiences, I'm sure many of us must have experienced this.
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cagedcactus
11-21 06:54 AM
Yes pappu, you are right.
I just sent the email explaining the proper differences between H-1B and Immigration catagories.
I just sent the email explaining the proper differences between H-1B and Immigration catagories.
more...
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enggr
10-02 09:47 AM
Dear Friends/attorneys,
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
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kirupa
03-27 01:30 AM
gesfox - added :)
more...
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richi121175
05-23 01:00 AM
Is there any provision in the current bill to allow concurrent filing and have EAD even if the PD is not current? That can stop us from being exploited by some bad employers out there.
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snathan
08-30 10:25 PM
Can somebody tell me what are the chances of getting audited if PERM is applied in the next week or so? My lawyer is not Fragoman.
Nobody knows... Keep your fingers crossed and pray your luck.
Nobody knows... Keep your fingers crossed and pray your luck.
more...
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vin13
09-30 10:24 AM
my case is in NSC
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dbevis
December 5th, 2003, 11:13 PM
Could you put a link up to that plug in? I really like that.
I was playing around with it again tonight - I posted a couple more examples in the gallery area, under "landscapes".
This is not a plugin, persay. It's a PaintShop Pro script - not PhotoShop. Here's what the script does:
Split to RGB, discard G & B
"Clarify" (twice) at a high value to deepen the contrast range.
Adjusts the luminance channel to further enhance contrast.
Colorizes the image with a hue value of 160 and saturation a low setting of 20 to slightly shift grays towards blues.
I then added the original full-color image in as a layer and merged the two with partial opacity in (I think) "hue" mode.
The Clarify operation gives it an "old" look by accentuating and muddling the contrast. The lumininance adjustment makes the overall appearance more 'harsh'. The shift towards blue tends to simulate a bit of fading (like an old snaphot, I guess).
The painting-like effect comes from merging in the colors from the original.
Here's the actual script file (it's in the "Python" programming language):
--------------------------------------
from JascApp import *
def ScriptProperties():
return {
'Author': '',
'Copyright': '',
'Description': '',
'Host': 'Paint Shop Pro',
'Host Version': '8.00'
}
def Do(Environment):
App.Do( Environment, 'SplitToRGB', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'SelectDocument', {
'SelectedImage': 0,
'Strict': App.Constants.Boolean.false,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'FileClose', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Silent,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'SelectDocument', {
'SelectedImage': 0,
'Strict': App.Constants.Boolean.false,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'FileClose', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Silent,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'SelectDocument', {
'SelectedImage': 0,
'Strict': App.Constants.Boolean.false,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'Clarify', {
'Strength': 4,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'Clarify', {
'Strength': 4,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'HistogramAdjustment', {
'LuminanceChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 245,
'HighClipLimitPercentage': 0.01,
'LowClipLimit': 2,
'LowClipLimitPercentage': 0.01,
'MaxOutput': 255,
'MinOutput': 0
},
'RedChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 255,
'HighClipLimitPercentage': None,
'LowClipLimit': 0,
'LowClipLimitPercentage': None,
'MaxOutput': 255,
'MinOutput': 0
},
'GreenChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 255,
'HighClipLimitPercentage': None,
'LowClipLimit': 0,
'LowClipLimitPercentage': None,
'MaxOutput': 255,
'MinOutput': 0
},
'BlueChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 255,
'HighClipLimitPercentage': None,
'LowClipLimit': 0,
'LowClipLimitPercentage': None,
'MaxOutput': 255,
'MinOutput': 0
},
'TargetChannel': 0,
'OverlayResultHistogram': App.Constants.Boolean.true,
'HistogramEditMode': App.Constants.HistogramEditMode.Luminance,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'IncreaseColorsTo16Million', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'Colorize', {
'Hue': 160,
'Saturation': 20,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
I was playing around with it again tonight - I posted a couple more examples in the gallery area, under "landscapes".
This is not a plugin, persay. It's a PaintShop Pro script - not PhotoShop. Here's what the script does:
Split to RGB, discard G & B
"Clarify" (twice) at a high value to deepen the contrast range.
Adjusts the luminance channel to further enhance contrast.
Colorizes the image with a hue value of 160 and saturation a low setting of 20 to slightly shift grays towards blues.
I then added the original full-color image in as a layer and merged the two with partial opacity in (I think) "hue" mode.
The Clarify operation gives it an "old" look by accentuating and muddling the contrast. The lumininance adjustment makes the overall appearance more 'harsh'. The shift towards blue tends to simulate a bit of fading (like an old snaphot, I guess).
The painting-like effect comes from merging in the colors from the original.
Here's the actual script file (it's in the "Python" programming language):
--------------------------------------
from JascApp import *
def ScriptProperties():
return {
'Author': '',
'Copyright': '',
'Description': '',
'Host': 'Paint Shop Pro',
'Host Version': '8.00'
}
def Do(Environment):
App.Do( Environment, 'SplitToRGB', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'SelectDocument', {
'SelectedImage': 0,
'Strict': App.Constants.Boolean.false,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'FileClose', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Silent,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'SelectDocument', {
'SelectedImage': 0,
'Strict': App.Constants.Boolean.false,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'FileClose', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Silent,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'SelectDocument', {
'SelectedImage': 0,
'Strict': App.Constants.Boolean.false,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'Clarify', {
'Strength': 4,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'Clarify', {
'Strength': 4,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'HistogramAdjustment', {
'LuminanceChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 245,
'HighClipLimitPercentage': 0.01,
'LowClipLimit': 2,
'LowClipLimitPercentage': 0.01,
'MaxOutput': 255,
'MinOutput': 0
},
'RedChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 255,
'HighClipLimitPercentage': None,
'LowClipLimit': 0,
'LowClipLimitPercentage': None,
'MaxOutput': 255,
'MinOutput': 0
},
'GreenChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 255,
'HighClipLimitPercentage': None,
'LowClipLimit': 0,
'LowClipLimitPercentage': None,
'MaxOutput': 255,
'MinOutput': 0
},
'BlueChannel': {
'Appearance': 0,
'Gamma': 1,
'HighClipLimit': 255,
'HighClipLimitPercentage': None,
'LowClipLimit': 0,
'LowClipLimitPercentage': None,
'MaxOutput': 255,
'MinOutput': 0
},
'TargetChannel': 0,
'OverlayResultHistogram': App.Constants.Boolean.true,
'HistogramEditMode': App.Constants.HistogramEditMode.Luminance,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'IncreaseColorsTo16Million', {
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
App.Do( Environment, 'Colorize', {
'Hue': 160,
'Saturation': 20,
'GeneralSettings': {
'ExecutionMode': App.Constants.ExecutionMode.Default,
'AutoActionMode': App.Constants.AutoActionMode.Match
}
})
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brij523
02-17 08:16 AM
Good job Varsha.
As promised I have prepared the list of 110th congress member and send to Himanshu. Hope he likes the format.
I am working on getting appointment with our congress member - John Barrow of GA.
Based on the list I prepared, it seems maximum number of congress member come from NY,NJ,FL,CA,TX,IL. So I think member from these states have to be more active.
As promised I have prepared the list of 110th congress member and send to Himanshu. Hope he likes the format.
I am working on getting appointment with our congress member - John Barrow of GA.
Based on the list I prepared, it seems maximum number of congress member come from NY,NJ,FL,CA,TX,IL. So I think member from these states have to be more active.
bestia
08-03 08:15 PM
How tempting to change few words, add few dates, add few signatures, etc.. so the case looks better.. and then all of a sudden we hear messages like "Please help!!! my H1/LC/485 denied, back in 2004/2001/1997 we applied and did or didn't... please help!!!"
Be firm in your documents. If you don't like your documents, so be it. Send USCIS whatever you have, but the truth. In worst case scenario you will get RFEs, so what? Respond that this is what you have. Don't be creative, just use what you have. When I was in embassy I took only what was necessary and for any request to any other document I answered "I don't have it". Officer was pissed, but he approved - he had no reason to deny.
For the same reasons my lawyer insisted on EB3 for me, although I could go for EB2, but I knew, that I will have problems getting good letters from my previous employer.
Be firm in your documents. If you don't like your documents, so be it. Send USCIS whatever you have, but the truth. In worst case scenario you will get RFEs, so what? Respond that this is what you have. Don't be creative, just use what you have. When I was in embassy I took only what was necessary and for any request to any other document I answered "I don't have it". Officer was pissed, but he approved - he had no reason to deny.
For the same reasons my lawyer insisted on EB3 for me, although I could go for EB2, but I knew, that I will have problems getting good letters from my previous employer.
nlssubbu
10-08 08:12 PM
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
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