pa_arora
07-17 12:32 PM
A federal judge has ordered USCIS to pay attorney Kip Evan Steinberg $25,000 in legal fees after the lawyer's client sued the agency to force it to complete processing in an adjustment of status green card case. USCIS tried to point the finger at the FBI for delays in the name check process, but the judge wasn't buying. The judge found the 151 hours the lawyer put in to the case to be reasonable. So 151 attorney hours were wasted, an individual waited years unnecessarily and America's taxpayers are out $25,000.
- From Greg Siskind blog
- From Greg Siskind blog
franklin
07-27 08:45 PM
Based on my recent experience - H1 B 1 year extension, not 3 years, was based on the approval date, not receipt date of the application. :o
However, to be safe, I guess after Aug 17th is a pretty good bet
However, to be safe, I guess after Aug 17th is a pretty good bet
quizzer
01-08 01:32 PM
Its simple,,fill in form 10c and and form 19 and send it to HR. They should even help you get it direct deposit in to your local account in India. I got mine....it was pain-less. This was not with tcs,,,another company...
My case is not simple but i did not quit in usa either..i resigned without doing the notice period in india sometime back.
So is it possible to file 10C and 19 directly with the PF office and get the money without involving TCS?
Your ideas are highly appreciated.
My case is not simple but i did not quit in usa either..i resigned without doing the notice period in india sometime back.
So is it possible to file 10C and 19 directly with the PF office and get the money without involving TCS?
Your ideas are highly appreciated.
nixstor
09-27 02:11 PM
Lou Dobbs need to talk to Heenan and not the vice-versa :)
more...
cooler
08-27 01:32 PM
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
As mentioned in your other post. This should have no bearing on your status.
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
Please respond.
As mentioned in your other post. This should have no bearing on your status.
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
lvinaykumar
01-20 02:01 PM
new look is great
more...
nshantha
07-18 02:36 PM
Why you want to mad on him, What is there to become mad on him.
Sorry admin, I got mad at this guy.
Sorry admin, I got mad at this guy.
pappu
06-19 09:13 AM
See
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate
more...
whattodo21
07-09 03:08 PM
i have sent him about three emails. The response is the same - word for word. If they see any immigration related email from a constituent, all they get is this canned response. Sen. Conryn is anti-immgrant for all I know and care.
Could be true...
However, it is better to get a letter that actually relates to our problem instead of a standard letter talking about amnesty
Could be true...
However, it is better to get a letter that actually relates to our problem instead of a standard letter talking about amnesty
chintu25
07-30 12:39 PM
Did you have your A# with your I-140 approval??
My guessing is that your I-485 has been entered into the system and based on your A#, you may see the LUDs for other approved/pending receipt numbers also.
Yes I did have an A# on my I140 . But niether have I recd the reciept notice nor has the check hit the bank yet
So
what to make of it ?
My guessing is that your I-485 has been entered into the system and based on your A#, you may see the LUDs for other approved/pending receipt numbers also.
Yes I did have an A# on my I140 . But niether have I recd the reciept notice nor has the check hit the bank yet
So
what to make of it ?
more...
deecha
07-16 05:14 PM
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
In my case, I never received the original PERM LC. Perhaps it got lost in the mail or they forgot totally about the issue that's why he had to file with a copy.
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
In my case, I never received the original PERM LC. Perhaps it got lost in the mail or they forgot totally about the issue that's why he had to file with a copy.
saloni
04-17 07:44 PM
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
more...
gc26
02-05 02:09 PM
Does the 45 day limit on being able to use a LC mean that priority dates from an approved LC and I-140 can no longer be ported when the GC process is started again through a new employer ?
waitin_toolong
08-10 12:40 PM
no you do not need to register in USA. Indian registration is recognized
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bobbydalal
05-21 10:13 AM
Guys whatever will happen we got to start sending faxes to white house too. We got to overdo the numberusa pepole by far if we want any hope of relief for EB category.If u go on numberusa they r sending fax everyday to whitehouse n congress. So we got to do the same and overdo them. We got to get congress look at our cases and the years of waiting to get our green cards So the forum should do something and we all should start faxing.
rta2009
11-25 07:38 PM
I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
Dear peacocklover,
Thank you for your helpful answers.
I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).
May I ask one question to clarify your answer?
It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.
So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?
(My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).
Many many thanks :)
Have a wonderful Thanksgiving.
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
Dear peacocklover,
Thank you for your helpful answers.
I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).
May I ask one question to clarify your answer?
It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.
So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?
(My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).
Many many thanks :)
Have a wonderful Thanksgiving.
more...
krogot
02-17 01:25 AM
Thank you for your answers
Legal
08-07 10:44 AM
August Visa Bulletin is out.
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
you have seen guys posting visa bulletins here and you thought today is your turn:p
Don't even try! You can't beat some of the guys around here.
You are going to aggravate more visitors all day, who will give you more red dots and tuen you into a communist. BTW, are you from WB or Kerala?:D
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
you have seen guys posting visa bulletins here and you thought today is your turn:p
Don't even try! You can't beat some of the guys around here.
You are going to aggravate more visitors all day, who will give you more red dots and tuen you into a communist. BTW, are you from WB or Kerala?:D
whattodo
05-02 01:30 PM
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
x1050us
05-15 08:06 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
Did you submit the 485s together or separately.
Did you submit the 485s together or separately.
laksmi
07-19 05:03 PM
Is it possible to verify PIMS name check clearance before we attend the consulate in india.
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