ravi_hyd
10-30 10:44 AM
.
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glus
07-17 04:46 PM
Guys,
August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D
August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D
gcwaiting17
08-07 02:28 PM
We are in the same situation. My husband got the renewed EAD. But i am still waiting for mine. My EAD expires on Sept. 10th.
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Dhundhun
04-15 04:04 PM
Congratulations! But I think freedom is yet months away - need to be with same employer for some more time.
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gauravsh
03-28 03:49 PM
Thanks !!
Ann Ruben
01-08 11:26 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
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sledge_hammer
06-30 06:18 PM
Hello all,
I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?
__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______
Do I enter the date I first landed in the US, or the most recent landing?
__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:
I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______
Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ _____________________
8. The following persons are dependent on me for support:
My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.
I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?
I had of course sponsored my wife's H4. For date submitted, what date should I use?
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
What should I enter here?
__________________________________________________ _______________
Thanks in advance!
I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?
__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______
Do I enter the date I first landed in the US, or the most recent landing?
__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:
I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______
Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ _____________________
8. The following persons are dependent on me for support:
My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.
I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?
I had of course sponsored my wife's H4. For date submitted, what date should I use?
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
What should I enter here?
__________________________________________________ _______________
Thanks in advance!
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dingudi
03-06 11:15 AM
-----------------------
You can reschedule it as many times as you need. There is no limit. However, going by my experience, rescheduling third time will have the USCIS put your request at the bottom of the pile and it takes for ever to get the 3rd appointment letter.
Like in my case, go to a not-so-busy ASC (preferably in the non-urban area) and they will do your FP without a need to reschedule.
Thanks
JK
sendmailtojk,
My spouse burnt one of the finger and has a blister right at the spot where we take FP. So I am not sure if they will reschedule her or not. When we got her FP notice , we made some travel plans after the FP date but unfortunately this incident happened. Now if they reschedule the FP then most likely we wont be here for the rescheduled date. So I was wondering if I can just take the photocopy of the original FP notice (as for reschedule , we will have give up the original notice) and drive to another ASC after the finger heals and try to complete it there rather than wait for the original ASC to send us the rescheduled date. Is there a way to find out which ASCs allow walk in and which I dont. I am based in Boston and so pretty sure Boston ASC does not allow to walk in. They go strictly by appointments. So I am hoping to some other nearest ASC.
Also as your family completed FP after your scheduled date and that too at another ASC, do you know what you will do when you receive the rescheduled appointment.
If you could tell me if there is way to find out if an ASC is busy or not.
You can reschedule it as many times as you need. There is no limit. However, going by my experience, rescheduling third time will have the USCIS put your request at the bottom of the pile and it takes for ever to get the 3rd appointment letter.
Like in my case, go to a not-so-busy ASC (preferably in the non-urban area) and they will do your FP without a need to reschedule.
Thanks
JK
sendmailtojk,
My spouse burnt one of the finger and has a blister right at the spot where we take FP. So I am not sure if they will reschedule her or not. When we got her FP notice , we made some travel plans after the FP date but unfortunately this incident happened. Now if they reschedule the FP then most likely we wont be here for the rescheduled date. So I was wondering if I can just take the photocopy of the original FP notice (as for reschedule , we will have give up the original notice) and drive to another ASC after the finger heals and try to complete it there rather than wait for the original ASC to send us the rescheduled date. Is there a way to find out which ASCs allow walk in and which I dont. I am based in Boston and so pretty sure Boston ASC does not allow to walk in. They go strictly by appointments. So I am hoping to some other nearest ASC.
Also as your family completed FP after your scheduled date and that too at another ASC, do you know what you will do when you receive the rescheduled appointment.
If you could tell me if there is way to find out if an ASC is busy or not.
more...
eb3_nepa
10-01 07:47 PM
I guess some ppl have all the luck ;)
Getting ur EAD approved AND not even paying for it :)
Getting ur EAD approved AND not even paying for it :)
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indianabacklog
04-15 12:51 PM
This action simply contradicts the entry on visa waiver. This allows people to visit (ONLY) with no intention of staying.
Coming in before you know your L visa is going to be coming is fraudulent.
If this individual wishes to leave the US they will have to get the L visa stamped in their passport before they can return. Might be asked why they did not get this done to enter the country for their job in the first place.
Have to say this person is going to need some assistance at some point to explain this away.
Coming in before you know your L visa is going to be coming is fraudulent.
If this individual wishes to leave the US they will have to get the L visa stamped in their passport before they can return. Might be asked why they did not get this done to enter the country for their job in the first place.
Have to say this person is going to need some assistance at some point to explain this away.
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ujjwal_p
09-10 04:11 PM
Most of you know about rear view mirror fuzzy dice cubes
I believe they can be customized too. for eg:
http://www.mascotfactory.com/store/Fuzzy-Dice.php?gclid=COaS8Kbv0ZUCFQJNagod3Gl7hg
...
...
Sincerely
Your customers
Very neat. You know, I am not sure if this will translate into a real fuzzy dice campaign. At the very least, it provides good succinct talking points for us and IV Core to use when explaining what the issues are.
I believe they can be customized too. for eg:
http://www.mascotfactory.com/store/Fuzzy-Dice.php?gclid=COaS8Kbv0ZUCFQJNagod3Gl7hg
...
...
Sincerely
Your customers
Very neat. You know, I am not sure if this will translate into a real fuzzy dice campaign. At the very least, it provides good succinct talking points for us and IV Core to use when explaining what the issues are.
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ken
04-08 02:24 PM
Hello gurus
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.
I already recieved my EAD,AP
Let me know your thoughts or if some one else also recieve the same update.
Thanks in advance..
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.
I already recieved my EAD,AP
Let me know your thoughts or if some one else also recieve the same update.
Thanks in advance..
more...
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EB2_Jun03_dude
11-29 03:55 PM
I am assuming there should be a problem at the POE
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katneni2
08-03 12:37 PM
Thank you very much Karthik.Your email gave me lot of strength.I will keep posted.
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WillIWin?
02-18 10:16 AM
Hello everyone,
I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.
The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).
I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?
Your reasoning is nearly correct. But you are missing Two points:
1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.
Am I making much sense ?
I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.
The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).
I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?
Your reasoning is nearly correct. But you are missing Two points:
1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.
Am I making much sense ?
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setpit_gc
08-13 02:09 PM
What if that company not willing to offer any employment or no longer exists?.
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spec1968
10-26 02:41 PM
If i change my status from H1 to F1 until approval of 140 and change status from F1 to H1 will affect my green card process? I heard that once 140 is approved one will get 3 years extension irrespective of status ( i mean on F1 or out of country) . Please clarify
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pvganesh
10-23 09:47 PM
Hi,
We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.
I have two questions with regard to Experience letters -
(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...
(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.
I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..
I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.
Thanks and Regards,
PVGanesh
We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.
I have two questions with regard to Experience letters -
(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...
(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.
I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..
I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.
Thanks and Regards,
PVGanesh
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India76
09-17 01:39 PM
I am going fromamerican airlines that goes directly from chicago to Delhi and coming back same way.
arnet
11-22 09:28 PM
this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.
http://immigrationvoice.org/forum/showthread.php?t=1206&highlight=foia
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
http://immigrationvoice.org/forum/showthread.php?t=1206&highlight=foia
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
HV000
03-08 10:39 PM
By the time I got denial notice during October 2007, I received EAD. So I have assumed that there is no need to convert back to H4 and started working on EAD continuing the same project. Do you think I'm in critical situation? Please advise me. I'm panic. My husband's H1B visa is also over by February 2008 and he started working on EAD by changing his employer. His former employer did not cooperate with him to extend his H1B visa as he might have thought he will leave hime soon on AC21. Please help me.
I am sorry about your situation. I suggest you to talk to a good attorney to get some peace of mind..
I am sorry about your situation. I suggest you to talk to a good attorney to get some peace of mind..
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