emmie
12-17 12:31 AM
Thank you very much for all the advices. I wonder if I do need to take vacation around the early of year 2008 and come back approximately October, 08 due to my H1B expiration in April, 08. I wonder if I still need to be employed full time with my current employer during the whole period that I�ll not be in US. Do I need to get pay during that period? Would part time be enough in order to keep the green card process going? Also, do I need to file any applications with USCIS prior to taking vacation in order to let USCIS know that I�ll be taking vacation and I can use that vacation time outside US to extend my H1B until around October, 08. If I have to file, when should be the best time to file it and what form should I use? I plan to leave around the early of February, 08. Accordingly, I can come back around October, 08 and file the I-797 form for H1B extension if my I-140 is approved by then. Please advise and thank you very much.
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tonyHK12
11-12 05:46 PM
asking for donations is nothing wrong. After all Immigration voice is for everyone's benefit.
At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...
Yes true, and whatever $100 I'm donating is going to benefit Ivar more than me since he's current.
It looks like no one is watching the IV video posted above. The summary is:
1. IV is a non-profit, and these orgs have very strict tax laws.
2. If funds are misused, people can be put in jail and deported.
3. Complete disclosure of strategy, investments will hinder IVs ability to campaign as anti-immigrants and our opponents are looking at our strategy to quash it. This is especially true with lobbying.
4. Previous years annual reports are available.
Facebook or Google are not going to publish their daily funds usage report or they will be out of business in 1 month
The reason I'm asking for donations is - Without thousands of members donating, we cannot successfully lobby for Green card laws for us.
Its not directly going to benefit me, I'm still a long way off.
The person in the video is not me.
At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...
Yes true, and whatever $100 I'm donating is going to benefit Ivar more than me since he's current.
It looks like no one is watching the IV video posted above. The summary is:
1. IV is a non-profit, and these orgs have very strict tax laws.
2. If funds are misused, people can be put in jail and deported.
3. Complete disclosure of strategy, investments will hinder IVs ability to campaign as anti-immigrants and our opponents are looking at our strategy to quash it. This is especially true with lobbying.
4. Previous years annual reports are available.
Facebook or Google are not going to publish their daily funds usage report or they will be out of business in 1 month
The reason I'm asking for donations is - Without thousands of members donating, we cannot successfully lobby for Green card laws for us.
Its not directly going to benefit me, I'm still a long way off.
The person in the video is not me.
mdborland
September 19th, 2004, 09:18 PM
> Has anyone out there had experience with the backfocusing problem to which I refer?
Yes, I've had this problem and I'm nearly at the end of my rope with Nikon. I've been a Nikon user for over a decade now. I own three Nikon bodies, 7 Nikkor lenses (mostly AFD primes), and two Nikon speedlights. I do mostly existing-light photojournalism as well as macro photography and landscapes.
Originally, my D70 had horrible backfocus with anything wider than a 70mm lens. The left AF sensor in particular was completely useless. After the first repair, the camera was much improved. I bought a $1000 12-24mm Nikkor, only to find the camera didn't focus properly with the lens. I sent both lens and camera in. I got the camera back a few days ago and it is worse than when I sent it in. I don't think Nikon Service has any quality control. The problem was obvious from the first few shots I took. The left AF sensor is again useless and the center sensor is marginal. At f2.8, it is obvious that the depth of field is all behind the subject.
I have an old N90s that takes painfully sharp pictures with the same lenses that I put on the D70. I'm going to give Nikon one more chance. If they don't fix it, I'm going to sell all my Nikon gear and never buy another thing from Nikon as long as I live. After years of shooting Velvia, I've found I really like digital photography and I'm not going to stick with Nikon if they can't provide quality products or at least proper repair.
Yes, I've had this problem and I'm nearly at the end of my rope with Nikon. I've been a Nikon user for over a decade now. I own three Nikon bodies, 7 Nikkor lenses (mostly AFD primes), and two Nikon speedlights. I do mostly existing-light photojournalism as well as macro photography and landscapes.
Originally, my D70 had horrible backfocus with anything wider than a 70mm lens. The left AF sensor in particular was completely useless. After the first repair, the camera was much improved. I bought a $1000 12-24mm Nikkor, only to find the camera didn't focus properly with the lens. I sent both lens and camera in. I got the camera back a few days ago and it is worse than when I sent it in. I don't think Nikon Service has any quality control. The problem was obvious from the first few shots I took. The left AF sensor is again useless and the center sensor is marginal. At f2.8, it is obvious that the depth of field is all behind the subject.
I have an old N90s that takes painfully sharp pictures with the same lenses that I put on the D70. I'm going to give Nikon one more chance. If they don't fix it, I'm going to sell all my Nikon gear and never buy another thing from Nikon as long as I live. After years of shooting Velvia, I've found I really like digital photography and I'm not going to stick with Nikon if they can't provide quality products or at least proper repair.
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Saralayar
06-05 09:36 PM
I efiled my EAD in NSC on April 16th and Still I am waiting.
more...
pappu
12-16 12:05 PM
How are unused visas used?
Unused visas mean they are not used. :D
Unused visas mean they are not used. :D
ronnie0479
01-24 05:32 PM
I never said school can force her to maintain F1. All I said was if she wants to be on F1 (for whatever reasons) she needs to comply with school's policies. Also her maintaining or not maintaining F1 is immaterial to her legal immigration status in the country (which is safe by the virtue of pending I-485) it is just that she will cease to be on F1 status (her current non-immigrant status, just obtaining EAD doesn't mean she has abandoned F1 status, she needs to use it)
Also, she will no longer be on any non-immigrant status when school cancels her F1, from that point on her status will solely be based on I-485 and its outcome.
The school policies does not determine whether someone can be on F1 status or not. Government has laid down the rules for F1 status. School cant say that one has to take so many credit hrs for that person to be on F1. The rule is that to maintain F1 status, one has to be a full time student with minimum 3 courses , thats 9 credit hrs, but the exception is the final semester where that student can have less then 9 credit hrs.
Plus since the F1 is not a dual intent visa type , when someone applies for 485 , the F1 status is forfitted. what you are mentioning about the previous non-immigrant visa status continues even after obtaining EAD and remain so until EAD is used only applies to the non-immigrant status like H1 , H4 , L1 etc which are dual intent visa types. For F1 your statement does not apply.
Also, she will no longer be on any non-immigrant status when school cancels her F1, from that point on her status will solely be based on I-485 and its outcome.
The school policies does not determine whether someone can be on F1 status or not. Government has laid down the rules for F1 status. School cant say that one has to take so many credit hrs for that person to be on F1. The rule is that to maintain F1 status, one has to be a full time student with minimum 3 courses , thats 9 credit hrs, but the exception is the final semester where that student can have less then 9 credit hrs.
Plus since the F1 is not a dual intent visa type , when someone applies for 485 , the F1 status is forfitted. what you are mentioning about the previous non-immigrant visa status continues even after obtaining EAD and remain so until EAD is used only applies to the non-immigrant status like H1 , H4 , L1 etc which are dual intent visa types. For F1 your statement does not apply.
more...
snathan
02-11 12:17 AM
Please contribute....
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
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gapala
01-06 10:55 AM
Can anyone pls respond to my situation. Thanks...
I guess PO should be fine. I am sure your attorney will also include a letter explaining the situation as well right?
Which service center did you apply for H1 Extension? NSC?
I guess PO should be fine. I am sure your attorney will also include a letter explaining the situation as well right?
Which service center did you apply for H1 Extension? NSC?
more...
485Mbe4001
06-13 02:24 PM
We had a discussion with our company lawyers about this. We wanted to know if it was possible to file for EB2 after a promotion. They told us the following and said we cannot change (dont know if its bs, you talk to your lawyer.)
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
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diptam
08-07 08:14 PM
Yes guys take this route .... Another workaround i used for getting H1B extension approval paper... I told Desi employer that my state requires H1 797 form to change the Drivers License... Lot of states do need that so i used that to get that.
You have to be tactical while dealing with Desi Employers !!
Curios, is your employer desi. Wait for sometime, tell him that you need to go to your home country and need receipt notice to use your AP in return. Catch is you have to use your EAD & AP after return.
You have to be tactical while dealing with Desi Employers !!
Curios, is your employer desi. Wait for sometime, tell him that you need to go to your home country and need receipt notice to use your AP in return. Catch is you have to use your EAD & AP after return.
more...
vinicola78
11-04 03:22 PM
It has been 5 months now since I left my job and invoked AC21.
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piyu7444
04-23 02:09 AM
First thing is why members have found that title is scary? I dont think it is scary......it might attract your attention. Probably most of people who got scared might be using EAD or are considering using it
I think using AC21 does not imply that 485 will be denied. In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa.......... For using AC21 just make sure that:
140 is approved Your GC sponsor will not revoke 140Your GC job description and new EAD job description are same or similar (title does not matter) . ONet code for both the jobs match. If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485. Hope this helps and people who got scared does not gives me red dots for speaking aloud.
Support IV and make the difference for yourself and everyone else in the immigrant community.
I think using AC21 does not imply that 485 will be denied. In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa.......... For using AC21 just make sure that:
140 is approved Your GC sponsor will not revoke 140Your GC job description and new EAD job description are same or similar (title does not matter) . ONet code for both the jobs match. If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485. Hope this helps and people who got scared does not gives me red dots for speaking aloud.
Support IV and make the difference for yourself and everyone else in the immigrant community.
more...
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PavanV
02-08 12:23 PM
Thanks for posting a very relevant question, I am in a very similar situation, my labour has not yet been approved (was applied in July 09'), i think 2010 is a defining year of immigration drain.
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HereIComeGC
10-02 01:54 PM
Thank you Hermione (Granger?)
What about salary requirements? would it be okay if I get 20-30% lower
salary? Do I have to be getting paychecks every month?
Absolutely. Assuming your I-140 is approved/approvable and will not be withdrawn, you will be able to AC21 to your new position after 180 days of I-485 pending. And the best thing, it will only depend on similarity of the job, and no ability to pay questions. Good luck!
What about salary requirements? would it be okay if I get 20-30% lower
salary? Do I have to be getting paychecks every month?
Absolutely. Assuming your I-140 is approved/approvable and will not be withdrawn, you will be able to AC21 to your new position after 180 days of I-485 pending. And the best thing, it will only depend on similarity of the job, and no ability to pay questions. Good luck!
more...
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wandmaker
12-10 09:22 PM
This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.
You have been taken for a ride by employer, attorney and youself. It will be ages to reach your PD. Help IV in anyway you can to help you. Checkout the current omnibus funding drive - http://immigrationvoice.org/forum/showthread.php?t=15905
You have been taken for a ride by employer, attorney and youself. It will be ages to reach your PD. Help IV in anyway you can to help you. Checkout the current omnibus funding drive - http://immigrationvoice.org/forum/showthread.php?t=15905
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ramaonline
04-20 06:13 PM
keep everything as it is - Just redirect to a new url for the website only
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laborchic
09-18 10:21 PM
Guys...
DC Rally was a HUGE HUGE SUCCESS..
I alongwith a group of 25 people just came back from the rally and we were glad to be there..
IV CORE absolutely rocks...
Details tomorrow..
DC Rally was a HUGE HUGE SUCCESS..
I alongwith a group of 25 people just came back from the rally and we were glad to be there..
IV CORE absolutely rocks...
Details tomorrow..
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LONGGCQUE
06-18 03:55 PM
Uma001, My labor mentions Bachelors plus 5 yrs of exp., I am not Masters. 60 months exp. is written on my Labor and so thats what the RFE is about.
Any thoughts ?
Optimist/Desitechie/Frostrated, Your comments are much appreciated. Thanks
Any thoughts ?
Optimist/Desitechie/Frostrated, Your comments are much appreciated. Thanks
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gotgc?
07-19 09:32 AM
As in my birth certificate my mother's last name was not mentioned , I have just obtained an affidavit from my parents(together) using one of the samples floating around. But I just found that there is spelling mistake in my father's first name in one sentence. But in other sentences, its correctly wriiten.
Is it ok to send this with application?
Thanks
In my company, my friend had the same issue. Our attorney as ked him to get a new one...ask your parents to get a new one and send you the scanned copy..in this way..it will be very quick. If you need a format, PM me..I can sedn you.
Is it ok to send this with application?
Thanks
In my company, my friend had the same issue. Our attorney as ked him to get a new one...ask your parents to get a new one and send you the scanned copy..in this way..it will be very quick. If you need a format, PM me..I can sedn you.
bbenhill
08-05 03:28 PM
Got the status update email from USCIS stating a card has been issued for my 485 application.
I am not married yet. What are the implications if I get married to a citizen of india residing in India.
Kindly refer me to appropriate material if you know of any.
Thanks,
Akshay
All,
anyone knows about this visa, is this family sponsorship GC ?
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
PETITION
Relatives of intending immigrants who plan to base their immigrant visa applications on family relationship must obtain Form I-130, Immigrant Petition for Relative, from the United States Citizenship and Immigration Service (USCIS). The petitioning U.S. citizen or legal permanent resident must submit Form I-130 to the USCIS office. Forms and instructions are available from USCIS. Once USCIS approves the petition, they will send the petitioner a notice of approval, Form I-797. USCIS will also forward the approved petition to the Immigrant Visa Processing Center, which will contact the intending immigrant with further information.
url :
http://travel.state.gov/visa/immigrants/types/types_1306.html
I am not married yet. What are the implications if I get married to a citizen of india residing in India.
Kindly refer me to appropriate material if you know of any.
Thanks,
Akshay
All,
anyone knows about this visa, is this family sponsorship GC ?
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
PETITION
Relatives of intending immigrants who plan to base their immigrant visa applications on family relationship must obtain Form I-130, Immigrant Petition for Relative, from the United States Citizenship and Immigration Service (USCIS). The petitioning U.S. citizen or legal permanent resident must submit Form I-130 to the USCIS office. Forms and instructions are available from USCIS. Once USCIS approves the petition, they will send the petitioner a notice of approval, Form I-797. USCIS will also forward the approved petition to the Immigrant Visa Processing Center, which will contact the intending immigrant with further information.
url :
http://travel.state.gov/visa/immigrants/types/types_1306.html
gimme_GC2006
04-09 09:49 PM
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
Dont worry he cannot do anything..all these scumbags, low-lifes and ponzi holes cannot do anything..
Trust me ..I have been there
Did you communicate to him emails ? do you have a proof of what all he said in emails?
Tell him that you will write to DHS, USCIS and all American consulates in India/US/Canada..that will be end of H1B approvals for him..
btw what's the company? dont be afraid of anything
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
Dont worry he cannot do anything..all these scumbags, low-lifes and ponzi holes cannot do anything..
Trust me ..I have been there
Did you communicate to him emails ? do you have a proof of what all he said in emails?
Tell him that you will write to DHS, USCIS and all American consulates in India/US/Canada..that will be end of H1B approvals for him..
btw what's the company? dont be afraid of anything