shreekhand
07-29 11:23 AM
Nowhere did I say I am not sure. In fact I am as sure as it can get :)
The original poster is talking about adjusting status to F-1 but not already being on F-1. Understand that difference here.
For FYI: If one is already on F-1 and applies for I-485 he/she is no longer on F-1 for all practical purposes but in a "period of stay as authorized by the attorney general". In such a case he/she can anyways use a EAD but have to have an AP while re-entering and continue studying as usual.
Note that F-1 and applied for I-485 is a highly debatable topic amongst the legal fraternity.
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.
Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.
The original poster is talking about adjusting status to F-1 but not already being on F-1. Understand that difference here.
For FYI: If one is already on F-1 and applies for I-485 he/she is no longer on F-1 for all practical purposes but in a "period of stay as authorized by the attorney general". In such a case he/she can anyways use a EAD but have to have an AP while re-entering and continue studying as usual.
Note that F-1 and applied for I-485 is a highly debatable topic amongst the legal fraternity.
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.
Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.
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green_card_curious
03-08 12:15 PM
Thanks Drak. My attorney states otherwise though. He states that I-485 will be denied only after the ultimate denial of the I-140, which he says might take even about a year, and that in the mean time, I-485 will be valid and that she can continue to work on EAD.
P E R P L E X E D !!
P E R P L E X E D !!
rangaswamy
10-18 12:32 PM
Im just wondering.. my check has not been cashed. i was sent more than a month ago.
My check to IV that is, NOT USCIS
Can i start a new thread for that :)
My check to IV that is, NOT USCIS
Can i start a new thread for that :)
2011 Frank Romano, Tattoo Artist-
rb_248
03-28 08:37 AM
I think it will stay where it is now for this quarter.....just my guess. Then for the last quarter, we may see some advancement.....again this is my guess.
more...
CaliGC
06-15 04:12 PM
Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
Hi RLNY122004
Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.
1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
2. Did you speak on the phone?
3. When was your name check cleared?
4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
5. Was your I-485 case trasnferred to Texas/Nebraska recently?
I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
TIA
Hi RLNY122004
Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.
1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
2. Did you speak on the phone?
3. When was your name check cleared?
4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
5. Was your I-485 case trasnferred to Texas/Nebraska recently?
I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
TIA
Better_Days
11-03 07:13 PM
Thats the concern. CIR pits illegals vs legals. The CIR bill allocates quotas from legals to illegals.
Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.
Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.
Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.
Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.
Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.
Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.
more...
reddymjm
03-11 01:02 PM
I just emailed mine to info@immigrationvoice.org.
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lost_in_migration
05-15 12:38 PM
/\/\
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kondur_007
09-21 10:45 AM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I agree with all of the above advises and add one more thing:
Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.
In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
Good Luck.
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I agree with all of the above advises and add one more thing:
Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.
In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
Good Luck.
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alapkd
09-01 01:49 AM
good but sad article, thanks for posting.
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kenpat
03-09 07:57 PM
Guys I hear you all. If you want to do something about it go to the thread 'US Housing Crisis and Employment based Green Card issues'
My original post there was
I think we should do something contrary to what everyone else is suggesting. I have been reading a lot of posts on here iv and other sites where there is talk of us shelling x amount of dollars or buying a house as a solution to help the economy which is a good thing. However on the same posts I also see contrarian views saying the economy is in bad shape and they will never want to add more immigrants its a political thing. Some of them suggested that since we have all our savings in this country with the banks and the institutions they are not going to get an added benefit other than buying up of the houses and inventory which no one wants I guess. My contrarian view is this:
We sign a proposal and send it to the congress to act on eb cases or whatever we want them to and if they dont then the immigration community should start sending back dollars to their home country. We need massive campaign and support. Think about this estimates are about 800k are waiting in labor, eb or 485 stage if we send $1000 every week from the banks institutions in the US to our own country banks it will deplete the banks reserves by 800 mln every week. How long do you think they will want this to continue in the face of a falling economy and banks with limited funds.
Another thought that comes to mind is everyone takes a day off every month on one day.
Gandhiji taught us something non cooperation and maybe thats the way forward.
Thoughts opinions are welcome�
Here are my latest comments there:
I dont know if you guys watch cnbc but there was a debate today on whether foreign workers should be allowed and one of the Guests Vivek Wadhwa a Professor at the Duke Univ in North carolina said if we let them go back can you imagine the money from Citi and Bank of america going with them and there will be a run on those banks, exactly what I have been saying they cannot afford a run on the banks. All we NEED is collective action otherwise we are all DOOMED at different times even if your 485 is pending they are finding ways to block your GC process if that is not yet evident. Join the gang or Good luck!!!
My original post there was
I think we should do something contrary to what everyone else is suggesting. I have been reading a lot of posts on here iv and other sites where there is talk of us shelling x amount of dollars or buying a house as a solution to help the economy which is a good thing. However on the same posts I also see contrarian views saying the economy is in bad shape and they will never want to add more immigrants its a political thing. Some of them suggested that since we have all our savings in this country with the banks and the institutions they are not going to get an added benefit other than buying up of the houses and inventory which no one wants I guess. My contrarian view is this:
We sign a proposal and send it to the congress to act on eb cases or whatever we want them to and if they dont then the immigration community should start sending back dollars to their home country. We need massive campaign and support. Think about this estimates are about 800k are waiting in labor, eb or 485 stage if we send $1000 every week from the banks institutions in the US to our own country banks it will deplete the banks reserves by 800 mln every week. How long do you think they will want this to continue in the face of a falling economy and banks with limited funds.
Another thought that comes to mind is everyone takes a day off every month on one day.
Gandhiji taught us something non cooperation and maybe thats the way forward.
Thoughts opinions are welcome�
Here are my latest comments there:
I dont know if you guys watch cnbc but there was a debate today on whether foreign workers should be allowed and one of the Guests Vivek Wadhwa a Professor at the Duke Univ in North carolina said if we let them go back can you imagine the money from Citi and Bank of america going with them and there will be a run on those banks, exactly what I have been saying they cannot afford a run on the banks. All we NEED is collective action otherwise we are all DOOMED at different times even if your 485 is pending they are finding ways to block your GC process if that is not yet evident. Join the gang or Good luck!!!
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WillIBLucky
12-13 11:58 AM
Surprising right? May be this is the first time anyone would have posted this kind of post but yes I am in that situation.
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
more...
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kiran_k02
11-28 06:09 PM
I filed my AP renewal online, I used my discover to pay my dues.
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
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nmdial
11-23 08:59 AM
My sister was denied a visitor's visa in the summer of this year at Delhi:
1. She was told that they have a policy of denying visas to young unmarried women who are student.
2. She is currently a PhD student in India.
3. They did not ask any more question.
1. She was told that they have a policy of denying visas to young unmarried women who are student.
2. She is currently a PhD student in India.
3. They did not ask any more question.
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espoir
07-09 03:59 PM
Nice. Hope this video makes it to the youtube debate.
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meragcdedobhai
10-27 12:39 PM
to Motivated...
It seems like sheep when we are in touble to we are running helter skelter.
It seems like sheep when we are in touble to we are running helter skelter.
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Dhundhun
07-16 07:45 PM
I applied for my AP in august 2007 my case was approved but i didnot get the document . When i called USCIS they told me to reapply for AP .
Now i got the AP document but the date issued is october 12 2008 to october 2009 .
But I want to travel outside in August . Can i use this AP , is the document valid , if i go i cant enter before october 12 2008 .
This is trouble.
They might have issued AP to you, lost somewhere in mail. Now they renewed starting expiry of first one.
On this AP - a big NO.
I hope someone familiar with this type of situation - is it possible to request USCIS by taking infopass?
Now i got the AP document but the date issued is october 12 2008 to october 2009 .
But I want to travel outside in August . Can i use this AP , is the document valid , if i go i cant enter before october 12 2008 .
This is trouble.
They might have issued AP to you, lost somewhere in mail. Now they renewed starting expiry of first one.
On this AP - a big NO.
I hope someone familiar with this type of situation - is it possible to request USCIS by taking infopass?
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gparr
November 15th, 2007, 07:15 AM
I reformat my cards every time I put them back in the camera, which is after every time I dump files into my computer. In other words, some of my older cards have probably been reformatted 1,000 times or more. I have never had a problem. Brands are Ridata and Sandisk (various models).
I have cleaned my sensors with a blower, the Copper Hill wet method, and using the Arctic Butterfly. I always use my Rocket blower first and I use it regularly. Now that I have an Arctic Butterfly, I find that it is extremely effective, when the blower doesn't get the job done, and I haven't broken out the swabs in some time.
Gary
I have cleaned my sensors with a blower, the Copper Hill wet method, and using the Arctic Butterfly. I always use my Rocket blower first and I use it regularly. Now that I have an Arctic Butterfly, I find that it is extremely effective, when the blower doesn't get the job done, and I haven't broken out the swabs in some time.
Gary
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jayleno
12-12 12:56 PM
If the reason for the denial is the company financial situation and not been audited, I dont know how EB3 will solve the problem. Are you already being paid the amount they specified in the LC?
I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.
My PERM was applied in Nov 2007 and 140 in early- mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.
My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.
Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?
I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.
Thanks!
I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.
My PERM was applied in Nov 2007 and 140 in early- mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.
My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.
Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?
I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.
Thanks!
pcs
04-09 03:53 PM
For last 48 hours, I have been spreading word in Hrderabad IT community about the latest H1-B issues & subsequent EB issues . Since recent H1-B issues has caused a lot of stirr, I am getting much better response at this time. We need members & they may be anywhere in the world. Once we have members, we will get more visibility & contribution.
SO PLEASE TRY TO SPREAD THE MESSAGE IN ALL IT COMMUNITIES IN THE WORLD ABOUT ISSUES & HOW IV IS FIGHTING THE CHALLANGE
We must have 100,000 members in a short time
Thanks
SO PLEASE TRY TO SPREAD THE MESSAGE IN ALL IT COMMUNITIES IN THE WORLD ABOUT ISSUES & HOW IV IS FIGHTING THE CHALLANGE
We must have 100,000 members in a short time
Thanks
amsgc
04-22 07:47 PM
Is there a document, from the DOL or USCIS, that explains what is a Metropolitan statistical area within which a labor is valid?
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
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