ivar
09-10 05:13 PM
Check out this post - http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/20720-calling-us-educated-and-eb2-people-14.html#post300225
I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.
I read some posts from the thread you mentioned and i was not able to read it entirely as it was a very long thread. I couldn't figure out what changed with respect to EB2 job zones. I have filed my current perm in EB2 with senior software engineer title and i am not sure what will happen to that. I am in this country for 5 years and still struggling to get my PERM approved (So far i have filed PERM three times :)) Is there anyone in IV who has got their PERM approved with Priority date from DECEMBER 2008 onwards? This will be little encouraging.
I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.
I read some posts from the thread you mentioned and i was not able to read it entirely as it was a very long thread. I couldn't figure out what changed with respect to EB2 job zones. I have filed my current perm in EB2 with senior software engineer title and i am not sure what will happen to that. I am in this country for 5 years and still struggling to get my PERM approved (So far i have filed PERM three times :)) Is there anyone in IV who has got their PERM approved with Priority date from DECEMBER 2008 onwards? This will be little encouraging.
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gc_maine2
07-03 03:21 PM
see answers in Red
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?Yes date of first time entry into US
__________________________________________________ _______________
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?You need 2 i-134 forms, for your father write your mother name, & for your mother's 134 write your father name
__________________________________________________ _______________
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?Your title"programmer" with .. Company Name______________________________________________ ___________________
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?I don't think you need to write your wife name, this is generally of you have sponsored visitor visa for your brother sister., in-laws.. ect.. if you have not sponsored anyone don't write anything
__________________________________________________ _______________
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? "None" , but check with others
__________________________________________________ _______________
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?
Check Intent to & wirite that all expenses incl. but not limited to ticket, accomdation, medical & . if you want exact text PM me
__________________________________________________ _______________
Thanks in advance!
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?Yes date of first time entry into US
__________________________________________________ _______________
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?You need 2 i-134 forms, for your father write your mother name, & for your mother's 134 write your father name
__________________________________________________ _______________
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?Your title"programmer" with .. Company Name______________________________________________ ___________________
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?I don't think you need to write your wife name, this is generally of you have sponsored visitor visa for your brother sister., in-laws.. ect.. if you have not sponsored anyone don't write anything
__________________________________________________ _______________
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? "None" , but check with others
__________________________________________________ _______________
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?
Check Intent to & wirite that all expenses incl. but not limited to ticket, accomdation, medical & . if you want exact text PM me
__________________________________________________ _______________
Thanks in advance!
some_guy
07-17 05:37 PM
Great news...... Keep going IV
2011 Sailor Jerry butterflies
mdipi
10-21 04:32 PM
yeah i think so.....
(by the way,,,,rollerblading is gay! skate for life----->ZYC
(by the way,,,,rollerblading is gay! skate for life----->ZYC
more...
walking_dude
02-14 03:52 PM
Paskal, you guys rock man.
IV physicians is a model for special interest work done within the IV framework. There was similar idea of I-140 PP group, which sadly didn't take off. Makes me wish I had chosen stethoscope instead of the keyboard :-).
Best of luck guys.
IV physicians is a model for special interest work done within the IV framework. There was similar idea of I-140 PP group, which sadly didn't take off. Makes me wish I had chosen stethoscope instead of the keyboard :-).
Best of luck guys.
nvmurali
06-02 02:40 PM
Hi,
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
more...
ktroche
11-01 12:03 AM
Sounds familiar. Family friendsfailed to file for an I94 extension on time. I believe they are here on a tourists VISA. Their VISAs are valid for 5 more years. They have not been expired for more than 180 days (right now around 120). How "automatic" is their return I94 if they leave and come back? We are willing to sponsor their return and have financial means as necessary. Argentina is their birth country. Help!!
2010 Sailor Jerry Ltd, Sailor Jerry
srarao
07-23 12:26 PM
It does not matter who signs . I just wanted to know .
more...
sanjeev.mehra@gmail.com
08-05 04:21 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
hair Sailor Jerry Tattoo Flash:
kghoshal
11-22 07:21 PM
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.
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.
more...
Karthikthiru
06-15 10:00 AM
I have enrolled in reccuring contribution and will be contributing after EAD card also
Thanks
Karthik
Thanks
Karthik
hot SAILOR JERRY FLASH ART Great
Berkeleybee
05-24 11:42 PM
All,
Please post send confirmations in the main fax and phone threads listed above.
Thanks!
Berkeleybee
Please post send confirmations in the main fax and phone threads listed above.
Thanks!
Berkeleybee
more...
house Sailor+jerry+flash+book
va_dude
03-25 02:32 PM
so what's the problem here.
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
tattoo SAILOR JERRY FLASH ART Great
ahaadi
07-10 09:28 PM
In case his I-140 was approved then there are no problems for this scenario right?
more...
pictures died Tattoos+sailor+jerry
knowDOL
06-05 09:27 AM
oh! what a luck. I have not come across anyone who has this situation. My guess is that you should have no problem for 1 year extensions but you cannot get 3 year extensions because 3 year extensions are only for people who cannot file for i485 because of retrogression and you do not meet that criteria and According to Yates memo you are eligible for 1 year extension.
dresses Sailor Jerry was this
saketkapur
07-27 05:24 PM
ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)
Unlawful Presence: Myths and Realities
Ron Gotcher
Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.
A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.
The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.
Nonimmigrants are not required to maintain their status after filing for adjustment of status.
Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.
It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.
There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.
Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.
Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.
The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.
The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.
There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.
Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.
Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.
Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.
Ron Gotcher
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
Unlawful Presence: Myths and Realities
Ron Gotcher
Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.
A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.
The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.
Nonimmigrants are not required to maintain their status after filing for adjustment of status.
Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.
It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.
There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.
Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.
Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.
The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.
The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.
There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.
Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.
Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.
Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.
Ron Gotcher
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
more...
makeup sailor-jerry-tattoo-contest
gcpool
10-06 01:27 PM
If your I-485 EAD comes through you have to use that and not the F1 EAD.
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
girlfriend Sailor jerry 45
linuxra
09-24 07:52 AM
Hi All,
Thanks in Advance...
I got an email from USCIS that my and my wife's I-485 got RFE''s
I files my 485 through lawyer,I recently moved to new location...
Will the rfe notice come to me or my lawyer...
I updated the old address on the day i got RFE notice?
Please advise...
Thanks in Advance...
I got an email from USCIS that my and my wife's I-485 got RFE''s
I files my 485 through lawyer,I recently moved to new location...
Will the rfe notice come to me or my lawyer...
I updated the old address on the day i got RFE notice?
Please advise...
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casinoroyale
07-10 09:29 AM
When I sent express recently, the USPS person at the counter said it is not certified. I was under the asumption that whatever gives tracking number is certified. Can someone enlighten me plz?
Jaime
09-12 11:18 AM
You can modify the person's name for privacy, but keep the facts of his/her struggle
Yeldarb
05-14 07:13 PM
www.dbdsqd.com - a very simple site for a soldier of fortune clan, the bevel style was used at the client's request. Utilizes php and text files for the shoutbox. Since this site isn't really "dynamic" (no admin section), it only cost the client $50 plus $20 for a year of hosting.
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