vvpandya
05-21 01:48 PM
Immigrating to Canada: Skilled workers and professionals (http://www.cic.gc.ca/english/immigrate/skilled/index.asp)
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number30
10-31 12:09 AM
Can Some one on EAD claim Earned Income credit?
franklin
07-17 05:37 PM
[I]A. STATUTORY NUMBERS
You seriously think anyone is going to answer given your user name?!
You seriously think anyone is going to answer given your user name?!
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Gigantic697
10-12 01:29 PM
My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
more...
gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
SherazKhan
12-05 06:57 PM
The RFE just asked for a copy of my NSEERS registration on the back of my I-94. Its been send by my lawyer
more...
GCNirvana007
04-01 01:44 PM
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
Did you file con-current
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
Did you file con-current
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EB2_Jun03_dude
11-29 09:31 PM
thanks for the info .. i think i will schedule a medical appt for dec 10th.
Also my birth certificate(English version too) was send along with I-485 app. So I hope that does now show up.
My only concern is the time they will allow me to respond to the RFE. I hope it is the standard 6 weeks as stated in this faq http://immigrationroad.com/green-card/i-485_adjustment-status.php
Also my birth certificate(English version too) was send along with I-485 app. So I hope that does now show up.
My only concern is the time they will allow me to respond to the RFE. I hope it is the standard 6 weeks as stated in this faq http://immigrationroad.com/green-card/i-485_adjustment-status.php
more...
GCNirvana007
04-01 01:44 PM
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
Did you file con-current
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
Did you file con-current
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neeidd
11-09 06:06 PM
Hi ,
I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?
Thanks
I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?
Thanks
more...
busy
03-08 09:49 PM
By the time I got denial notice during October 2007, I received EAD. So I have assumed that there is no need to convert back to H4 and started working on EAD continuing the same project. Do you think I'm in critical situation? Please advise me. I'm panic. My husband's H1B visa is also over by February 2008 and he started working on EAD by changing his employer. His former employer did not cooperate with him to extend his H1B visa as he might have thought he will leave hime soon on AC21. Please help me.
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amberGC
07-19 11:00 AM
Chanduv thanks for your reply. I could not think of anyone who would know this in dept... Do you think there is still hope for me? I am about to give up on 2008 match and wait until gc comes...
Paskal, thanks for sharing your wisdom. I guess I need to wait a few more years...
I am new here- will check the IV Physicians group.
Paskal, thanks for sharing your wisdom. I guess I need to wait a few more years...
I am new here- will check the IV Physicians group.
more...
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sledge_hammer
06-29 10:34 AM
I thought of adding that in the poll as I am in a similar situation. The only difference for me is that the attorney is a very big law firm and are EXTREMELY busy. My compnay is not able to do anything either since their involvement in I-485 is negligible.
I am in a bit of a pickle here :(
How about adding "No control as Lawyer will not inform when he will file".
This option may be valid for many users using the Corporate attorney.
I am in a bit of a pickle here :(
How about adding "No control as Lawyer will not inform when he will file".
This option may be valid for many users using the Corporate attorney.
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helpfriends
04-17 09:07 AM
They will have to apply at the consulate wherever they came from and undergo an interview to get the visa put in their passport. Then they can enter with that visa in place. If their entry is on record which it could well be a flag may be raised as to the reason for their recent entry on the visa waiver program.
Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?
BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:
Thanks again!
Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?
BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:
Thanks again!
more...
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wellwishergc
07-13 11:32 AM
yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.
Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.
Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.
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SL%%
03-02 01:00 AM
I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).
My six year visa expires in Sep 07, 2009
a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
c) Can we include the dates for some one is physically not present in US
d) What supporting documents are needed to prove that some one was not present in US?
Thanks
Senthil
a.) true, like me
b.) as far as I know, it doesn't matter. what is important is you should get your extension filed before Sep 07, 2009 (should be with USCIS on hand). so basically by now Mar. 09, you can start filing for your extension.
c & d.) I don't understand this, are you out of US?
Hi, my H1-B expired on Feb 6th, 2009, I have EAD based on I-140 approval and 485 pending (EB3 ROW). Can I apply for extension of my H1-B or do I have to switch to EAD since H1-B expired?
H1-B extension = yes you can, either your second 3 year extension (total of 6) or the yearly extension after the 6th year until you get your GC.
IMHO, better to go both H1 extension AND EAD but not necessary UNLESS you want to change employer. if you want to change employer then EAD is a MUST because your H1 is based from your current employer. on the other hand, if you are staying on your current employer and no plans on getting out then H1B-Extension is good enough.
The reason why it is safer to have both H1-Extension and EAD is that, just in case for some reason your current employer fires you or something goes wrong with the company, you have a safe haven on an EAD because you can work (same occupation of your H1) legally and need not worry of your status.
My six year visa expires in Sep 07, 2009
a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
c) Can we include the dates for some one is physically not present in US
d) What supporting documents are needed to prove that some one was not present in US?
Thanks
Senthil
a.) true, like me
b.) as far as I know, it doesn't matter. what is important is you should get your extension filed before Sep 07, 2009 (should be with USCIS on hand). so basically by now Mar. 09, you can start filing for your extension.
c & d.) I don't understand this, are you out of US?
Hi, my H1-B expired on Feb 6th, 2009, I have EAD based on I-140 approval and 485 pending (EB3 ROW). Can I apply for extension of my H1-B or do I have to switch to EAD since H1-B expired?
H1-B extension = yes you can, either your second 3 year extension (total of 6) or the yearly extension after the 6th year until you get your GC.
IMHO, better to go both H1 extension AND EAD but not necessary UNLESS you want to change employer. if you want to change employer then EAD is a MUST because your H1 is based from your current employer. on the other hand, if you are staying on your current employer and no plans on getting out then H1B-Extension is good enough.
The reason why it is safer to have both H1-Extension and EAD is that, just in case for some reason your current employer fires you or something goes wrong with the company, you have a safe haven on an EAD because you can work (same occupation of your H1) legally and need not worry of your status.
more...
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venky08
05-30 06:38 PM
my advice to you is try to do it in person. i did it a few months ago in houston. i know a lot of people are not lucky enough to be close to a consulate. but when you apply in person, and you say that you will pick up your passport in person, then you take most of the problems away involving postal delivery and receipt of the passport.
so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.
the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:
so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.
the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:
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ken
04-09 12:29 PM
Guru's let me know your thoughts on this..
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TimeSaver
07-13 06:10 PM
Seems like it could be new August visa bulletin. With some cutoffs. but applications sent already will not be rejected. They won't be worked upon but wont be rejected.
vrbest
11-18 03:17 PM
One of my colleague got the same.. USCIS wanted copies of I 94, Driver License and all pages of Passport.
They wanted color - clear copies.
Hope this helps!
Hi Mena,
I have the same status online, except date is Nov14, did you recieved any mail so far, if yes can you please tell what is that USCIS is looking for.
Thanks.
They wanted color - clear copies.
Hope this helps!
Hi Mena,
I have the same status online, except date is Nov14, did you recieved any mail so far, if yes can you please tell what is that USCIS is looking for.
Thanks.
saileshdude
11-01 01:27 PM
Thanks for the response.
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
Self porting or even working for consultancy firm when moving from a full-time job to consultant is risky. Nowadays, there have been more RFE asking for client letter to make sure that the job description you are working matches with that mentioned in LC. So this is how they know what kind of work you are doing. Your client should be willing to provide you with a letter that matches the job description. This is especially if you were working full-time and now moved to consultancy or self-ported and working as consultant. There has been more RFE and scrutinity of applications recently.
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
Self porting or even working for consultancy firm when moving from a full-time job to consultant is risky. Nowadays, there have been more RFE asking for client letter to make sure that the job description you are working matches with that mentioned in LC. So this is how they know what kind of work you are doing. Your client should be willing to provide you with a letter that matches the job description. This is especially if you were working full-time and now moved to consultancy or self-ported and working as consultant. There has been more RFE and scrutinity of applications recently.
