texasguy
06-15 08:58 AM
Hi All,
Will we run into any problems for GC replacement since we do not have a photocopy of our GCs? We have photocopies of the approval notices. We know our alien number and SRC numbers since they are the same as listed when we apply for 485. We are hoping to get our passport stamped after we get our passports.
We are hoping to show our tax records as additional proof.
Thanks for all your help.
Will we run into any problems for GC replacement since we do not have a photocopy of our GCs? We have photocopies of the approval notices. We know our alien number and SRC numbers since they are the same as listed when we apply for 485. We are hoping to get our passport stamped after we get our passports.
We are hoping to show our tax records as additional proof.
Thanks for all your help.
zdash
10-26 03:11 PM
DREAM act just got shot in the heart but it's still alive. On September 22, 2010, Richard Durbin introduced the bill once again along with Richard Lugar.
I don't know what you mean by starting the GC process, you mean file I485?
I don't know what you mean by starting the GC process, you mean file I485?
texasguy
06-15 08:58 AM
Hi All,
Will we run into any problems for GC replacement since we do not have a photocopy of our GCs? We have photocopies of the approval notices. We know our alien number and SRC numbers since they are the same as listed when we apply for 485. We are hoping to get our passport stamped after we get our passports.
We are hoping to show our tax records as additional proof.
Thanks for all your help.
Will we run into any problems for GC replacement since we do not have a photocopy of our GCs? We have photocopies of the approval notices. We know our alien number and SRC numbers since they are the same as listed when we apply for 485. We are hoping to get our passport stamped after we get our passports.
We are hoping to show our tax records as additional proof.
Thanks for all your help.
gk_2000
05-04 03:18 PM
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D
I said so because as EAD you can do (ok, almost) whatever GC holder can do. Employer = EAD, employee = H1.. :) But yes, I am kidding, it is unlikely to be allowed
I said so because as EAD you can do (ok, almost) whatever GC holder can do. Employer = EAD, employee = H1.. :) But yes, I am kidding, it is unlikely to be allowed
more...
sodh
07-18 05:05 PM
I can donate for this case if any Lawyer can help him.
upuaut
08-09 02:35 AM
In Flash you mean?
Usually breaking things apart relates to groups of object and sometimes even to movie clips themselves, but you certainly can break apart an imported graphic, I actually do it all the time.
a good example would be if you were going to use a picture as a fill. I did this in the following example
http://www.centerspin.com/flashEarlyYears/dialsplash.swf
I needed the stone texture I was using to rotate with the dial. I found that it looked best using the picture as a fill for the dial. I had tried to create a circular png outside of flash for some time.. that way I could do transparency on the pic and just rotate it in flash.. but it never looked right, and the file size was huge. By breaking apart a jpg, I could use just what I wanted from it, leaving the holes in the pic up to flash to produce.
Usually breaking things apart relates to groups of object and sometimes even to movie clips themselves, but you certainly can break apart an imported graphic, I actually do it all the time.
a good example would be if you were going to use a picture as a fill. I did this in the following example
http://www.centerspin.com/flashEarlyYears/dialsplash.swf
I needed the stone texture I was using to rotate with the dial. I found that it looked best using the picture as a fill for the dial. I had tried to create a circular png outside of flash for some time.. that way I could do transparency on the pic and just rotate it in flash.. but it never looked right, and the file size was huge. By breaking apart a jpg, I could use just what I wanted from it, leaving the holes in the pic up to flash to produce.
more...
unknown123
11-09 12:01 PM
What is your PD?
Good luck
Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.
Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm
You need a real good lawyer.
All the best
Good luck
Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.
Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm
You need a real good lawyer.
All the best
immitul
10-27 04:54 PM
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.
Spouse using EAD, has no affect on your H1.
My wife has H1B and she got EAD now. She plans to use her EAD soon, so H1 status gets automatically canned.
Spouse using EAD, has no affect on your H1.
My wife has H1B and she got EAD now. She plans to use her EAD soon, so H1 status gets automatically canned.
more...
wa_Saiprasad
07-26 08:36 PM
My attorney didn't pay attention to my birth certificate. My birth was registered couple of days after later but the certificate was issued 4 years later in 1979. And my fathers, mothers and my names were not full name. My fathers name was spelt wrong. Anyways nothing can be done now my application went in on July 2nd. I am hoping it will be an RFE. My case is another classic case of Attorney negligence.
veni001
02-03 08:08 AM
Thanks for you concern.
I would appreciate it if you can answer to my specific question. :)
Your company would be better off by submitting audited financial to avoid any possible RFP on ability to pay! Also ability to pay not only depends on current standing, if your employer is filing more EB2 for future jobs then he/she may have to prove the business necessity as well.
Good luck.;)
I would appreciate it if you can answer to my specific question. :)
Your company would be better off by submitting audited financial to avoid any possible RFP on ability to pay! Also ability to pay not only depends on current standing, if your employer is filing more EB2 for future jobs then he/she may have to prove the business necessity as well.
Good luck.;)
more...
keepwalking
05-14 03:30 PM
My priority date will become current on June 1st 2011. I will add my wife to green card process on June 1st 2011 (she is in US in H-4 status now). My I-485 is with Texas processing Center.
If I leave my sponsoring (green card) employer after 3-4 months of getting my green card and join another employer or have my own company, does it affect my wife's green card process assuming it takes 6-7 months for her to get her green card.
If I leave my sponsoring (green card) employer after 3-4 months of getting my green card and join another employer or have my own company, does it affect my wife's green card process assuming it takes 6-7 months for her to get her green card.
mdipi0
11-17 09:54 PM
wtf? this isnt mine! omg! :P! kirupa can you tell me whose account this is? this is mdipi.com. i used my BBForum name by accident and look what happend! :P. if you could tell me that would be great.
more...
return_to_india
09-16 02:06 PM
Hi Guys!
By law how many days one is required to stay with sponsor after GC approval in EB2? What documents we will need to prove to USCIS at Citizenship interview to prove that we stayed with sponsor for "required" time.
Thanks,
Raj
Employment based GC is for permanent employment with the sponsoring employer. I don't know if law gives a lesser period of time of association. But in practice, i have seen many people quoting '6 months' of minimum stay. Some attorneys quote 2 years stay.
By law how many days one is required to stay with sponsor after GC approval in EB2? What documents we will need to prove to USCIS at Citizenship interview to prove that we stayed with sponsor for "required" time.
Thanks,
Raj
Employment based GC is for permanent employment with the sponsoring employer. I don't know if law gives a lesser period of time of association. But in practice, i have seen many people quoting '6 months' of minimum stay. Some attorneys quote 2 years stay.
Didiusthegreat
04-29 12:27 PM
As I said already, Ironikart or Cybergold, one of them will be the winner... The things they've made are really cool. My computer would crash surely, when I would try to make such a things...
However my vote goes to Cybergold. His is just a little cooler I think.. Sorry Ironikart and Senocular... I'l keep the zero :)
However my vote goes to Cybergold. His is just a little cooler I think.. Sorry Ironikart and Senocular... I'l keep the zero :)
more...
yabadaba
05-22 09:03 AM
Sounds like a great positive move with Patton Boggs
this was really old news. its been on our front page for a number of months now. I was just pointing out to members to please read the front page for updated information.
this was really old news. its been on our front page for a number of months now. I was just pointing out to members to please read the front page for updated information.
enthu999
07-22 10:00 PM
Please check my question in blue below
looks like..becuase people travel abroad while AOS is in process.
looks like..becuase people travel abroad while AOS is in process.
more...
hebbar77
09-09 03:27 PM
I am july second 485 filer, filed with later PD(2007). Then an earlier (2004, my own) PD was substituted by lawyer last year which is now current on that 485 application.
I opened a SR last week, response to SR from USCIS told me they still have old (later) PD on file.So they cant allocate a visa to me.
Lawyer said he has confirmation from USCIS that USCIS will obey earlier 2004 PD(confirmation received last year!).
two contrary pieces of information from a govt agency!!
Anyone with similar experience
I am sick of this USCIS !
I opened a SR last week, response to SR from USCIS told me they still have old (later) PD on file.So they cant allocate a visa to me.
Lawyer said he has confirmation from USCIS that USCIS will obey earlier 2004 PD(confirmation received last year!).
two contrary pieces of information from a govt agency!!
Anyone with similar experience
I am sick of this USCIS !
conchshell
07-12 10:37 PM
Please access http://www.immigration-law.com/Canada.html to read the details.
The foregoing review would suggest that there might be potentially two options to correct the current visa bulletin fiasco. One option is for the USCIS to reverse itself and abandon its decision to reject the I-485 applications and start accepting the I-485 applications under the original July Visa Bulletin. In fact, this is do-able regardless of legality of the DOS act to revise, if there was revision at all, the visa bulletin in the middle of the month, or the legality of the releasing "updates" without revision of the visa bulletin and changing it to "unavailabile." Probably, there was no precedent of such action in the DOS history. From the perspectives of the USCIS, they do not have to follow such an act of the sister agency. They should just stick to the USCIS own regulation to authorize accepting I-485 applications when the visa number was available since the legality of the DOS act was arguably of suspect in all accounts. Sometimes, however, reversing one's decision may not be that easy because of potential complex political and legal issues involved. An alternative might be the second option that changes its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals. Without doubt, the USCIS has been looking into the feasibility of changing the policy without legislation on the procedural issues which are described here. The fact that this reform was introduced in the Congress as part of the SKIL bill or Comprehensive Immigration Reform Act bill would not preclude the USCIS from looking into feasibility of achieving such changes in the procedures under the given legislative authority. All of the current debacle or fiasco would have been prevented, had the Congress passed the SKIL bill or CIR. At this juncture, though, the nation and EB immigrants do not have a luxury to point a finger at the failures of the Congress as it serves no purposes whatsoever. We really hope that the USCIS will work out one of these two solutions promptly to save the nation from further confusion and nightmare.
The foregoing review would suggest that there might be potentially two options to correct the current visa bulletin fiasco. One option is for the USCIS to reverse itself and abandon its decision to reject the I-485 applications and start accepting the I-485 applications under the original July Visa Bulletin. In fact, this is do-able regardless of legality of the DOS act to revise, if there was revision at all, the visa bulletin in the middle of the month, or the legality of the releasing "updates" without revision of the visa bulletin and changing it to "unavailabile." Probably, there was no precedent of such action in the DOS history. From the perspectives of the USCIS, they do not have to follow such an act of the sister agency. They should just stick to the USCIS own regulation to authorize accepting I-485 applications when the visa number was available since the legality of the DOS act was arguably of suspect in all accounts. Sometimes, however, reversing one's decision may not be that easy because of potential complex political and legal issues involved. An alternative might be the second option that changes its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals. Without doubt, the USCIS has been looking into the feasibility of changing the policy without legislation on the procedural issues which are described here. The fact that this reform was introduced in the Congress as part of the SKIL bill or Comprehensive Immigration Reform Act bill would not preclude the USCIS from looking into feasibility of achieving such changes in the procedures under the given legislative authority. All of the current debacle or fiasco would have been prevented, had the Congress passed the SKIL bill or CIR. At this juncture, though, the nation and EB immigrants do not have a luxury to point a finger at the failures of the Congress as it serves no purposes whatsoever. We really hope that the USCIS will work out one of these two solutions promptly to save the nation from further confusion and nightmare.
learning01
05-22 12:09 PM
Keep checking every day or if possible atleast 4 times a day. They will release dates suddenly ( I don't know the rhyme or reason). One appointment for a family. You can add additional members right away. But once you pick a date, you CANNOT prepone or postpone. When you select the date of appointment, it will NOT ASK for CONFIRMATION; so please be sure of the date BEFORE HAND. Then you will proceed to type the 3 forms for each person going to the interview. For each person it takes atleast 20 min to fill the forms.
To take another date you have to cancel your appointment. Your typed forms are lost. When you take another appointment, you have to type all over again. You have to cancel 48 hours before your appointment time in IST, otherwise you cannot cancel.
Also check two more things:
1) Emergency appointments can be booked for non-medical reasons , that is for visa extension. But please check this.
2) You can prepone your date any number of times, but can postpone ONLY once. Check this if this is correct.
If you need more info, please PM me. I am from South but took an appointment in New Delhi, but had to cancel it.
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website,
Thanks.
To take another date you have to cancel your appointment. Your typed forms are lost. When you take another appointment, you have to type all over again. You have to cancel 48 hours before your appointment time in IST, otherwise you cannot cancel.
Also check two more things:
1) Emergency appointments can be booked for non-medical reasons , that is for visa extension. But please check this.
2) You can prepone your date any number of times, but can postpone ONLY once. Check this if this is correct.
If you need more info, please PM me. I am from South but took an appointment in New Delhi, but had to cancel it.
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website,
Thanks.
raysaikat
03-28 11:01 PM
Saikat,
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
gondalguru
07-26 06:38 PM
Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.
And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.
Probably you will get RFE and not rejection.
And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.
Probably you will get RFE and not rejection.
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