rakesh_one
03-19 11:44 AM
Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
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msyedy
12-13 12:35 PM
Cons
(a) How many EB visas will they increase in CIR?...
(b) Will they allow you to file I-485 before your visa number is available.
(c) How stable would be your job be in comming years
(d) What year of your H1 B are you in.
1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)
1a) favourable ... 1b) -- ?????
2) If Eb numbers increase a) allow you to file I-485 to get EAD.
b) Eb num increases but no I-485 until date becomes current.
2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.
2b -- opposite to 2a
3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
current.
b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then
Your decision....
I may be wrong but I need GC quicker
(a) How many EB visas will they increase in CIR?...
(b) Will they allow you to file I-485 before your visa number is available.
(c) How stable would be your job be in comming years
(d) What year of your H1 B are you in.
1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)
1a) favourable ... 1b) -- ?????
2) If Eb numbers increase a) allow you to file I-485 to get EAD.
b) Eb num increases but no I-485 until date becomes current.
2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.
2b -- opposite to 2a
3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
current.
b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then
Your decision....
I may be wrong but I need GC quicker
english_august
07-05 10:03 PM
I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?
A single bouquet to the USCIS, perhaps will meet that fate. 500 on the same day? Well, that's a news story and that's what we are trying to do here. ;)
Moreover, I don't understand the argument that those $30 given to IV will be useful. I am sure it would be and I am a recurring contributor, but can't these 30 dollars be over and above what we give to IV? It shouldn't be an either-or situation. I think this is an action worth taking.
A single bouquet to the USCIS, perhaps will meet that fate. 500 on the same day? Well, that's a news story and that's what we are trying to do here. ;)
Moreover, I don't understand the argument that those $30 given to IV will be useful. I am sure it would be and I am a recurring contributor, but can't these 30 dollars be over and above what we give to IV? It shouldn't be an either-or situation. I think this is an action worth taking.
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jay75
07-12 10:19 PM
Count me in for this law suit. I'm willing to contribute money for this.
Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
__________________
Attended the DC Rally
Contribution: $150
Sent letters to President/IV
Status : I-485 pending, PD Feb 2005, EB3 - India
Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
__________________
Attended the DC Rally
Contribution: $150
Sent letters to President/IV
Status : I-485 pending, PD Feb 2005, EB3 - India
more...
gemini23
07-27 03:21 PM
thanks for all the answers.
laksmi
12-03 08:02 PM
I am also in same boat, I was gathering information on the same and found different solutions.
1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.
please advice on the same, good questions synergy.
1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.
please advice on the same, good questions synergy.
more...
days_go_by
05-25 10:57 PM
and everyone else involved.
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rockstart
01-08 12:28 PM
Posting IV Wiki page link on Birth Certificates
US I-485 RFE Birth Certificate - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate#External_Reference_Links )
US I-485 RFE Birth Certificate - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate#External_Reference_Links )
more...
diptam
09-14 02:20 PM
We are employee of employers - not chained slaves of employers.
They can pay me less , they can scare me of revoking 140 , they can make me sign fictitious bonds for getting future employment letter BUT they can not take away my basic civil rights as a human being. As long as you professionally inform that will be taking day off for personal reasons - they are NOT supposed to ask what is that reason. You can tell the later unofficially that you attending Rally for peacefully supporting a good cause.
Nothing will happen to you
Just follow your heart - Will se you in DC
They can pay me less , they can scare me of revoking 140 , they can make me sign fictitious bonds for getting future employment letter BUT they can not take away my basic civil rights as a human being. As long as you professionally inform that will be taking day off for personal reasons - they are NOT supposed to ask what is that reason. You can tell the later unofficially that you attending Rally for peacefully supporting a good cause.
Nothing will happen to you
Just follow your heart - Will se you in DC
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shimul99
09-25 03:37 PM
My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......
more...
mckottayam
05-02 06:07 PM
We came back yesterday May 1st, my wife's stamp is only until May 31st and mine until Aug 30th but we had the extended approval notices. Both H1s. We both got stamped until the end of the extension date on the I 797. I don't think you'll have any problem.
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frostrated
06-21 01:55 PM
By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
taking unemployment benefit is not public charge. while working, you pay into the unemployment. everytime you work, you and your employer pay for umemployment insurance which is managed by the US government. But to be eligible for umeployment insurance benefit, you have to be a legal permanent resident or a citizen.
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
taking unemployment benefit is not public charge. while working, you pay into the unemployment. everytime you work, you and your employer pay for umemployment insurance which is managed by the US government. But to be eligible for umeployment insurance benefit, you have to be a legal permanent resident or a citizen.
more...
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sampath
05-26 11:29 AM
Thanks for the great work done by the IV Core Team, QGA and all Senators and their staff... For QGA, is there a specific person/address where we can send out thank you letters to ?
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Canadian_Dream
02-27 01:31 PM
I have the exact same question for the original poster. Do you know someone or have heard from several people who were scrutinized about intent after leaving the employer upon GC approval ? I know folks who left with in few months and completed naturalization without any issues, but that's an anecdotal evidence and doesn't prove anything. Please let us know your source of information.
You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:
You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:
more...
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Riakapoor
09-16 04:10 PM
you can apply for UI - Unemployment insurance, NOT Unemployment benefit. The first is an insurance, the second a benefit that will impact your GC application.
Does that not effect our GC process at all? Do you know the time limit to apply for UI? I mean with in how many days after getting laid off can I apply for UI?
Thanks a ton!
Does that not effect our GC process at all? Do you know the time limit to apply for UI? I mean with in how many days after getting laid off can I apply for UI?
Thanks a ton!
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lazycis
10-06 01:22 PM
The law says (8 USC 1154):
"(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
"(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
more...
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mytrix76
01-10 01:50 PM
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
Thank you guys.
So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?
Thanks
Thank you guys.
So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?
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ayazali17
12-18 01:25 PM
Hello i am new to this forum, i am looking for some answers involving stock trading? My question is: Can i invest in stocks, mutual fund, etc. while having only a EAD(work Permit)? Do i need get permission from IRS? What do i need to do invest legally? I was thinking of investing with Scottrader.
Thanks in advance for all the replies.
Thanks in advance for all the replies.
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Siboo
07-27 04:12 PM
Can someone go fr 2 jobs after EAD approval( i will use my EAD). Is is required that the job description of these jobs has to be same as filed in the application ? appreciate your help
I think you need seperate EADs for each jobs. 2 jobs means 2 EADs..:confused:
Common, You can do any number of jobs with ONE EAD. If you don't invoke AC 21, then why are you worrying about Job Description???
I think you need seperate EADs for each jobs. 2 jobs means 2 EADs..:confused:
Common, You can do any number of jobs with ONE EAD. If you don't invoke AC 21, then why are you worrying about Job Description???
akhilmahajan
08-16 03:52 PM
I will like to suggest is, try to talk to them nicely and try to make them understand what they have talked to you before filing GC.
Otherwise u dont have any choice, definitely u cant risk being rude with them. They can still hurt you as they still have all the cards in their hand.
About the G328 form, i have read in other posts that for some companies HR have signed for the applicant.
It seems like every company has their own way of filling GC. I am sure u are not the first one who are filing GC through your company.
I hoep this helps.
Otherwise u dont have any choice, definitely u cant risk being rude with them. They can still hurt you as they still have all the cards in their hand.
About the G328 form, i have read in other posts that for some companies HR have signed for the applicant.
It seems like every company has their own way of filling GC. I am sure u are not the first one who are filing GC through your company.
I hoep this helps.
skark
08-22 11:04 AM
All the people that got the EAD approval have their pending I485 in the same service center where they applied for EAD renewal...does this have anything to do with their fast approvals?
This is so depressing!
:(
I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
This is so depressing!
:(
I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
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