JunRN
07-16 11:05 PM
I have a friend holding a "Tourist Visa" and still back home. If an employer files I-140 for him, will that give him a risk of not allowed entry using Tourist Visa at the port of entry because he has an I-140 petition?
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rockstart
11-30 01:56 PM
Here is what I can advise
1) Get all the supporting documentation that you have for both cases. Example tickets/ citations, fine receipts, any other docs related to the case you can find. make sure you make photo copies of all documents
2) Get a court dispositon documents for both cases to prove that the cases are closed and fine was paid
3) Make sure you run all these documents past your immigration attorney to ensure nothing is missing. Also get in touch with your lawyers that handled the DUI & other case to see if they can help you with paperwork
4) If you are not comfortable defending you case you can take an attorney with you. That is entirely optional thing.
5) No one on this forum or immigration officer has any moral right to tell you what you did was good or bad. Its the job of courts and they have already made you pay fine. So as long as you can furnish all relevant papers that these cases are closed you are fine with your immigration process.
1) Get all the supporting documentation that you have for both cases. Example tickets/ citations, fine receipts, any other docs related to the case you can find. make sure you make photo copies of all documents
2) Get a court dispositon documents for both cases to prove that the cases are closed and fine was paid
3) Make sure you run all these documents past your immigration attorney to ensure nothing is missing. Also get in touch with your lawyers that handled the DUI & other case to see if they can help you with paperwork
4) If you are not comfortable defending you case you can take an attorney with you. That is entirely optional thing.
5) No one on this forum or immigration officer has any moral right to tell you what you did was good or bad. Its the job of courts and they have already made you pay fine. So as long as you can furnish all relevant papers that these cases are closed you are fine with your immigration process.
GCwaitforever
03-24 02:32 PM
Nope. Unless it has some Technology concentration.
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mangelschots
07-16 01:33 AM
Is yours EB2?
EB3 ROW
PD March 2004
I-140 filed Dec 2006
I-485 filed June 25 07
Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
Will have to wait another 2 weeks to know the facts.
What happens on these dates (Jul 18 for Nebraska) ?
EB3 ROW
PD March 2004
I-140 filed Dec 2006
I-485 filed June 25 07
Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
Will have to wait another 2 weeks to know the facts.
What happens on these dates (Jul 18 for Nebraska) ?
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TomPlate
12-12 09:26 PM
thanks ram for your message. where did you cut and paste? see if you have any soft LUD?
lacrossegc
09-23 11:40 AM
You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.
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CADude
02-28 10:14 PM
YES based on RD.
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
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Puncher
January 27th, 2006, 04:13 AM
That depends on what your needs are. New or used camera? Already have some lenses/accessories? How much of a system are you going to build (how many/type of lenses needed)? Do you have friends who also have a DSLR system, from which you might borrow stuff? Do you have a possibility/need for rentals close to where you live? ...
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gcwait2007
07-07 01:25 PM
My friend received a letter from USCIS in response to his phone call asking then why they have not taken a decision inspite of 60 days expired after responding RFE. This is what the letter mentions.
The status of this service request is:
Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.
What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.
please advise guys ..
thanks,
narendra
As I read your msg , I interpret the USCIS letter (my reading of in-between lines) that his EB-3 (PD:2001) case has been pre-adjudicated and he is all set to get his GC whenever visa numbers are available.
The status of this service request is:
Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.
What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.
please advise guys ..
thanks,
narendra
As I read your msg , I interpret the USCIS letter (my reading of in-between lines) that his EB-3 (PD:2001) case has been pre-adjudicated and he is all set to get his GC whenever visa numbers are available.
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Canadian_Dream
06-18 02:31 PM
That's NOT right. AC-21 Yates Memo states that:
As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.
The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.
Please check old thread on AC-21 discussions and the following link should be useful.
http://www.murthy.com/news/n_yatmay.html
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.
The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.
Please check old thread on AC-21 discussions and the following link should be useful.
http://www.murthy.com/news/n_yatmay.html
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
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absaarkhan
06-12 05:54 PM
What is "Letter of Acquirement’
Can you please tell me what is "Letter of Acquirement’'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, NO Official docs were shared with me.
From whom did u get this letter.
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
Can you please tell me what is "Letter of Acquirement’'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, NO Official docs were shared with me.
From whom did u get this letter.
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
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anu_t
07-06 05:38 PM
Yes, only if approved I-140 is not withdrawn or canceled before new I-140 approval.
If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.:o
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.:o
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
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sk2009
07-28 03:38 PM
mine is EB3-I PD Dec 2004 , there was hard LUD on 27th july 2008 on my approved 140 and even recieved email from uscis
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lazycis
12-29 09:36 AM
It's OK to stay while change of status (COS) is pending if COS was filed before I-94 expiration (your case). Even though your wife will be technically out of status after 1/3/09, she is not going to accumulate unlawful presence because her stay is authorized by US Attorney General. Out of status is not a big deal. A person who came on H1 and filed for AOS does not have any status if H1 expires, but that person is lawfully present in US.
So wait for a decision on COS and if it is denied, your wife has 180 days to get a lawful status or to pack and leave without any adverse consequences.
So wait for a decision on COS and if it is denied, your wife has 180 days to get a lawful status or to pack and leave without any adverse consequences.
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09-04 03:30 PM
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But does not welcome me or order CP.....well .....the ordeal is not over yet......
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07-28 04:40 PM
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OLDMONK
07-06 11:35 AM
Poor Coverage in Media Regarding a Very Important Issue where governmental agencies (USCIS/DOS) took unprecedented/unlawful route and resulted in millions of dollars wasted and dreams shattered of hard working, lawfully present Highly Skilled Immigrants.
My Question is why is media acting like an Ostrich on this issue? Answers anyone??
FYI Some individuals and distinguished senators are on top of this already.
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Thanks
My Question is why is media acting like an Ostrich on this issue? Answers anyone??
FYI Some individuals and distinguished senators are on top of this already.
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Thanks
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psk79
09-06 10:33 AM
Today employer sent mail checks cashed.waiting for receipts.
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
I am JBARRETT recepient but I got my stuff cahsed the otehr day at TSC. I guess the late was because of the tranfser of cases from NSC to TSC and nothing to do with BARRETTTT!!!!!!!!!!
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
I am JBARRETT recepient but I got my stuff cahsed the otehr day at TSC. I guess the late was because of the tranfser of cases from NSC to TSC and nothing to do with BARRETTTT!!!!!!!!!!
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TheOmbudsman
09-01 03:17 PM
Ah, so Berkeleybee is she. Oh, that makes sense, that's why she is a bee.
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
QuickGreenCard
09-15 09:48 PM
I have filed for EAD & AP by mail. AP got approved before EAD and the approval was put in the mail. While waiting to receive AP approval, EAD got approved and the approval was put in the mail.
I have received the EAD card and not the AP approval so far. Its been about 30 days since the AP approval was put in the mail.
I called couple of times to see if they can re-send it. Both the times they said, if you have not moved since you applied the petition and has not received the approval then you should re-file all over.
How far is this correct?
Has anyone faced this kind of stuff???
Thanks
SRI
I have received the EAD card and not the AP approval so far. Its been about 30 days since the AP approval was put in the mail.
I called couple of times to see if they can re-send it. Both the times they said, if you have not moved since you applied the petition and has not received the approval then you should re-file all over.
How far is this correct?
Has anyone faced this kind of stuff???
Thanks
SRI
pom
04-28 04:47 PM
I changed it, but all it does for me is reload the page (???).
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