desperatlyinwaiting
06-15 11:31 PM
Ouch, that hurt.
We had an attorney and she did not prepare us for what to expect. However, I should have researched it and am now in a bind.
Thanks for the advice.
We had an attorney and she did not prepare us for what to expect. However, I should have researched it and am now in a bind.
Thanks for the advice.
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frostrated
08-18 12:56 PM
Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.
dpp
06-04 02:10 PM
but in this case the H1b stamp on my passport is still valid and not expired.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
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newuser
06-23 09:20 AM
Are you sure you have to submit the tax forms for filing I-485?
Hi,
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
Hi,
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
more...
shivarajan
04-07 04:45 PM
I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.
I don't think above is correct!
Existing employees are eligible for extensions as of now and did not hear that the no gc clause for existing employees either!
In fact if u r in non-h1b working for TARP companies then u r even eligible for new H1. All rules apply for new hires only.
I don't think above is correct!
Existing employees are eligible for extensions as of now and did not hear that the no gc clause for existing employees either!
In fact if u r in non-h1b working for TARP companies then u r even eligible for new H1. All rules apply for new hires only.
uma001
07-21 06:47 PM
OP (greenmonster)
Read this thread, If you apply H1-H4 transfer it will be easy or go to india and get H4 there,
http://immigrationvoice.org/forum/forum106-non-immigrant-visa/23801-urgent-help-on-h1-b-to-h4.html
Read this thread, If you apply H1-H4 transfer it will be easy or go to india and get H4 there,
http://immigrationvoice.org/forum/forum106-non-immigrant-visa/23801-urgent-help-on-h1-b-to-h4.html
more...
xbohdpukc
03-26 07:33 PM
Wow ! We are in wrong field :)
Deduct all the required insurance premiums, work related stress, real possibility of a major screwup/lawsuit, as well as years spent in school/residency/training etc, and I'm sure you'll reconsider your position about being in a wrong field :D
Deduct all the required insurance premiums, work related stress, real possibility of a major screwup/lawsuit, as well as years spent in school/residency/training etc, and I'm sure you'll reconsider your position about being in a wrong field :D
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lacrossegc
09-23 11:40 AM
You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
more...
indianindian2006
07-26 11:54 AM
My company attorneys are in the process of filing my AOS application per the July bulletin. I have an approved labor certification and an approved I-140. Turns out due to internal restructuring a new legal vehicle was created under the existing company and groups re-aligned. Job function and location haven't changed.
The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.
My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.
I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.
What is the total number of employes your company.
The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.
My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.
I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.
What is the total number of employes your company.
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Ramba
03-25 01:33 PM
Genereic faxes requesting to remove hard country quota may not yield the desired result. It is very important to request any senater who is willing to help or undertand the issue. It should be done thro lobbying and explining him/her in person why it is important to the eliminate country quota, hard country quota increase the baklog instead of reducing it. He/She should to bring an amendment to the bills(Frist/Specter) to bring back the AC21 provision. Then we will get the success.
I hope IV will take care of this situation.
I hope IV will take care of this situation.
more...
desi3933
08-28 03:58 PM
sucker
That is your frustration talking. :D :D :D
Hope you are feeling *better* after venting out your frustration.
That is your frustration talking. :D :D :D
Hope you are feeling *better* after venting out your frustration.
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nomorelogins
11-27 04:26 PM
http://en.wikipedia.org/wiki/The_Goose_That_Laid_the_Golden_Eggs
of course you have to feed & take care ( issue ead & ap ), but would you rather get a egg a day or would you prefer to cut it open
of course you have to feed & take care ( issue ead & ap ), but would you rather get a egg a day or would you prefer to cut it open
more...
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sathishav
02-25 10:48 AM
It is a bad idea. It will allow people to misuse it. Once they are pre-approved they may not care about staying in status. They will not change jobs in their area of work. You may find an engineer doing some other profession. How will something like this help USA. We should stop seeing everything from - How it will help me. See how it will help USA to make good suggestions USCIS will listen.
That's a good point. Never thought about that.
That's a good point. Never thought about that.
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psychman
11-12 01:33 AM
Scratch that last post. I found what I needed. I removed the line of code:
doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);
and replaced it with:
foreach (XmlNode node in doc.DocumentElement.ChildNodes)
{
node.AppendChild(docFrag.Clone());
}
doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);
and replaced it with:
foreach (XmlNode node in doc.DocumentElement.ChildNodes)
{
node.AppendChild(docFrag.Clone());
}
more...
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gg_ny
02-16 10:06 AM
Sorry I was busy doing my work and hence could not immediately answer your questions on hypothetical situations and some wrong conclusions.
FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
Like somebody said, good luck!
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
Like somebody said, good luck!
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
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dbevis
June 14th, 2005, 09:32 AM
As far as I can tell, extension tubes have straight-through contacts. They do work well with any lens, at least I've tried it with most of my lenses.
The length of extension is going to limit the focal length of lens that you can use. For example. with a 16mm focal length lens, the 12mm extension (smallest I have or have seen) causes the lens to have an 'infinity' focus that's actually behind the front element of the lens. Only useful for taking a picture of the dust on/in your lens! I suspect using them with a fisheye would be futile, not to mention pointless.
But, I've found a small amount of extension, like 12mm, is very handy for long tele lenses, because of the shortening of the infinity focus point. I found it hard to get close to butterflys with 100mm macro, and putting an extension on either a 200mm or 100-400mm let me over come their minimum focus distance, yet stay farther enough away that the subject didn't fly off.
The 'magnification factor' is much less with this arrangement, than with (for example) the 100mm macro. Much less that 1:1 I think. So it's a trade off, like everything else.
The 'macro filter' or diopter lens works exactly like those magnifying 'reading glasses' you see in the drugstore. You can't stack them like tubes so there's one level of adjustment available to you, plus they only fit one size of lens wherease tubes fit any lens with the correct mount. A filter doesn't decrease depth of field as much as an extension tube does, either.
Lastly, extension tubes are easier and faster to put on a take off, and don't give you problems with finger smudges. You can even hang them on a pinky finger between uses (I often switch them on/off the camera while I;m shooting.
The length of extension is going to limit the focal length of lens that you can use. For example. with a 16mm focal length lens, the 12mm extension (smallest I have or have seen) causes the lens to have an 'infinity' focus that's actually behind the front element of the lens. Only useful for taking a picture of the dust on/in your lens! I suspect using them with a fisheye would be futile, not to mention pointless.
But, I've found a small amount of extension, like 12mm, is very handy for long tele lenses, because of the shortening of the infinity focus point. I found it hard to get close to butterflys with 100mm macro, and putting an extension on either a 200mm or 100-400mm let me over come their minimum focus distance, yet stay farther enough away that the subject didn't fly off.
The 'magnification factor' is much less with this arrangement, than with (for example) the 100mm macro. Much less that 1:1 I think. So it's a trade off, like everything else.
The 'macro filter' or diopter lens works exactly like those magnifying 'reading glasses' you see in the drugstore. You can't stack them like tubes so there's one level of adjustment available to you, plus they only fit one size of lens wherease tubes fit any lens with the correct mount. A filter doesn't decrease depth of field as much as an extension tube does, either.
Lastly, extension tubes are easier and faster to put on a take off, and don't give you problems with finger smudges. You can even hang them on a pinky finger between uses (I often switch them on/off the camera while I;m shooting.
more...
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pappu
07-13 02:38 PM
The Conrad 30 J-1 physician waiver program is good news.
IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.
Paskal may have to update the group on the provisions that went into the final amendment.
IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.
Paskal may have to update the group on the provisions that went into the final amendment.
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solaris27
12-20 08:36 AM
submit AR-11 form online and also send it by post also .
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dreamworld
05-05 12:24 PM
Hi
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
arc
10-04 04:29 PM
As this poll is specifically for the cases transferred from NSC -- CSC --- NSC, can you add more options, like the receipt notices generated between Aug 25 to Sept 10, Sept 11 to Sept 25 and Sept 25 to current.
There would be lot of people in these three categories.
Very much intrested in knowing status of all the cases that have transferred from NSC to CSC and back to NSC.
I tried cannot update the poll, but if AUG guys get it then Sep guys will get it as well...
There would be lot of people in these three categories.
Very much intrested in knowing status of all the cases that have transferred from NSC to CSC and back to NSC.
I tried cannot update the poll, but if AUG guys get it then Sep guys will get it as well...
common1
01-25 06:47 PM
dummgelauft:
I am not completely new to this :)...USCIS was pretty quick to post the bulletin even before the month of February even started, so I assumed that they are working overtime...
Hope that they show the same efficiency to clear thousands of pending applications :mad:
I am not completely new to this :)...USCIS was pretty quick to post the bulletin even before the month of February even started, so I assumed that they are working overtime...
Hope that they show the same efficiency to clear thousands of pending applications :mad:
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