GCard_Dream
01-14 09:30 PM
No they can't. Congress needs to pass a law. This topic has been covered here in detail before. Try doing a search, if interested.
does anyone know if uscis need a law to pass in the congress to change the law on the i-485, or thy can decide to change it?
does anyone know if uscis need a law to pass in the congress to change the law on the i-485, or thy can decide to change it?
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mayhemt
07-03 02:18 AM
Here's an idea that came up in my head:
There's no use working 'towards' EB wait period issues, there will always be thorns in the roses.. Lets work 'against' EB advantages (superficially) - well this could be in parallel to 'towards' part.
Here's the agenda, that administration/congress would need to implement in law :
"Restrict/Prohibit all non-immigrant class workers (H1, L1 etc) from investing, be it 401k, IRAs, Regular stock investing, Real Estate investing, Forex etc"
(Before you all start bashing this, let me put down some pros & cons)...
Pros:
1. People (with immigrant intent) will not be in limbo. if you want to move back after living 5-6 yrs in US, there's nothing to pay penalty on. Today there's an early withdrawal penalty on 401K, IRA.
Like many of us - who applied for 140/485 waiting endlessly for the magic card.... investing our dear hard earned money in 401ks & other investment vehicles - only to see them lose value or worse stuck in that vehicle (Of course there's another school of thought that says if I invested 10k in 401k, & net value is now 20k & even if I withdraw it paying penalty, I will be in green..but i guess this demographic will be significantly small). My colleagues & I too procrastinated about moving back to India - but since we still have to recover our 401k/IRA losses we have been pushing the magic year a little further - but thats just me.
2. Markets/Businesses will realize the sudden disappearance of funds coming into market because of this new law & Market forces might lobby towards faster Immigrant status changes - remember this law is only for non-immigrants, Permanent residents would have no restrictions on investments.
3. We (IV community) need not work diligently on this issue. We might just have to create some numbers on folks who made good amount of money in speculating oil/natural gas/gold and driving these prices like crazy OR who have been sending profits on investments to their home country. If we at least get this ball roll, anti-immigrants like numbersusa will pick up this agenda & work 'with' us..
4. Home country flourishes.. 401k has an annual limit of 15.5k $ for 2008, 16.5K $ for 2009). Assuming 250K non-immigrants (H1s, L1s) restricted to invest, yearly 3Billion USD just disappears from markets & at least a small percentage would find its way to home country. This is just 401K. If we add IRAs and regular trading accounts, Real Estate.... Wall Street would crap in their pants - they need our money to drive their Ferraris, Lambos you know!! If Wall Street says something, Capitol Hill HAS to listen.
Cons:
1. H1s L1s wont be able to reap profits in investments. Hey at least you wont be losing your money. This is like a pseudo protection of your money if you have H1, L1 cards. Who knows? This might create huge demand for people wanting to convert from EB2/EB3 to H1 :)
If you all see any other sides of this story, you know where to find that 'reply' button.
Disclaimer: I am not looking to crash markets - just trying to leverage our situation with that of markets, with anti-immigrant groups' position as catalyst.
There's no use working 'towards' EB wait period issues, there will always be thorns in the roses.. Lets work 'against' EB advantages (superficially) - well this could be in parallel to 'towards' part.
Here's the agenda, that administration/congress would need to implement in law :
"Restrict/Prohibit all non-immigrant class workers (H1, L1 etc) from investing, be it 401k, IRAs, Regular stock investing, Real Estate investing, Forex etc"
(Before you all start bashing this, let me put down some pros & cons)...
Pros:
1. People (with immigrant intent) will not be in limbo. if you want to move back after living 5-6 yrs in US, there's nothing to pay penalty on. Today there's an early withdrawal penalty on 401K, IRA.
Like many of us - who applied for 140/485 waiting endlessly for the magic card.... investing our dear hard earned money in 401ks & other investment vehicles - only to see them lose value or worse stuck in that vehicle (Of course there's another school of thought that says if I invested 10k in 401k, & net value is now 20k & even if I withdraw it paying penalty, I will be in green..but i guess this demographic will be significantly small). My colleagues & I too procrastinated about moving back to India - but since we still have to recover our 401k/IRA losses we have been pushing the magic year a little further - but thats just me.
2. Markets/Businesses will realize the sudden disappearance of funds coming into market because of this new law & Market forces might lobby towards faster Immigrant status changes - remember this law is only for non-immigrants, Permanent residents would have no restrictions on investments.
3. We (IV community) need not work diligently on this issue. We might just have to create some numbers on folks who made good amount of money in speculating oil/natural gas/gold and driving these prices like crazy OR who have been sending profits on investments to their home country. If we at least get this ball roll, anti-immigrants like numbersusa will pick up this agenda & work 'with' us..
4. Home country flourishes.. 401k has an annual limit of 15.5k $ for 2008, 16.5K $ for 2009). Assuming 250K non-immigrants (H1s, L1s) restricted to invest, yearly 3Billion USD just disappears from markets & at least a small percentage would find its way to home country. This is just 401K. If we add IRAs and regular trading accounts, Real Estate.... Wall Street would crap in their pants - they need our money to drive their Ferraris, Lambos you know!! If Wall Street says something, Capitol Hill HAS to listen.
Cons:
1. H1s L1s wont be able to reap profits in investments. Hey at least you wont be losing your money. This is like a pseudo protection of your money if you have H1, L1 cards. Who knows? This might create huge demand for people wanting to convert from EB2/EB3 to H1 :)
If you all see any other sides of this story, you know where to find that 'reply' button.
Disclaimer: I am not looking to crash markets - just trying to leverage our situation with that of markets, with anti-immigrant groups' position as catalyst.
STAmisha
07-30 04:48 PM
Yes. It is called interfiling
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trueguy
08-09 08:21 PM
I would do that if you could help me on how to do that. I looked for options and i don't find any options to change the poll.
Appreciate your help
Appreciate your help
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nyte_crawler
03-06 02:28 PM
yes EB3 India. I think when I look back, its just a matter of luck. Once it was RFE, second time I got a second finger printing and third time they just did'nt pick it up. But USCIS has been very promptful in approving my EADs and AP. I could be very well one of the oldest processing case sitting in the TSC shelf.
(1700 days)
(1700 days)
aamchimumbai
08-05 10:03 PM
it was pending..pls check the PM I sent you.
Thanks for your PM. Is it possible for you to provide additional details so that I can analyze your situation vs. mine.
I sent my I-485 application thrice to NSC and they returned my package. Although, the response rejecting my application was received from TSC, how funny!!
Anyways. I am hoping for dates to move forward in both category in Sep08 bulletin.
Thanks for your PM. Is it possible for you to provide additional details so that I can analyze your situation vs. mine.
I sent my I-485 application thrice to NSC and they returned my package. Although, the response rejecting my application was received from TSC, how funny!!
Anyways. I am hoping for dates to move forward in both category in Sep08 bulletin.
more...
SDdesi
07-10 06:40 PM
--H1-B Case History--
(2) passport coming to expiration on March, 2009
You should try to get your passport renewed before you go for stamping. You may get a visa stamp only until March 2009 which means you will have to go again through that process with your new passport (assuming your H1B approval is valid beyond March 2009)
Always, discuss with an immigration lawyer first.
(2) passport coming to expiration on March, 2009
You should try to get your passport renewed before you go for stamping. You may get a visa stamp only until March 2009 which means you will have to go again through that process with your new passport (assuming your H1B approval is valid beyond March 2009)
Always, discuss with an immigration lawyer first.
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ajay
09-17 08:31 AM
I also was in the same situation when I came back from India and used AP.
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karanp25
08-11 12:00 PM
why would address change delay processing ur 485? This is the most ridiculous question ever asked. Inviting panic, for the heck of it....
just make sure u have some overlap where u can receive mail on both addresses just to account for uscis delays in address update....they r not going to penalize u for moving.
Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?
Thanks.
just make sure u have some overlap where u can receive mail on both addresses just to account for uscis delays in address update....they r not going to penalize u for moving.
Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?
Thanks.
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pappu
09-18 10:37 AM
Healthcare reforms and their covering of "illegal aliens" in question.
Both are non-issue in this forum!
Both Healthcare reform and undocumented in question are issues that affect everyone on this forum. The healthcare bill is also important before CIR happens. The posts by blogfeeds are very helpful if you wish to know what is happening around you that affect your immigration issue and what others who work in the immigration area think.
People need to stop thinking narrowly about their EB3I PDs and visa bulletins only. If we wish to do advocacy effort, a good understanding of politics, current events that affect immigration reform is very important. Our community needs to read more about the political process, how to do advocacy efforts more than discussing EB2vsEB3 fights, tracking or sending junk emails to lawmakers. It only shows our ignorance of American political process.If we do any effort without understanding the political process, it will do us more harm than good.
Both are non-issue in this forum!
Both Healthcare reform and undocumented in question are issues that affect everyone on this forum. The healthcare bill is also important before CIR happens. The posts by blogfeeds are very helpful if you wish to know what is happening around you that affect your immigration issue and what others who work in the immigration area think.
People need to stop thinking narrowly about their EB3I PDs and visa bulletins only. If we wish to do advocacy effort, a good understanding of politics, current events that affect immigration reform is very important. Our community needs to read more about the political process, how to do advocacy efforts more than discussing EB2vsEB3 fights, tracking or sending junk emails to lawmakers. It only shows our ignorance of American political process.If we do any effort without understanding the political process, it will do us more harm than good.
more...
perm2gc
08-02 02:17 PM
Hello All,
As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.
"My brother entered into the U.S around 2004 with
valid H1B stamping for company A. He was there only
for few months . He didnt work on any project
and he doesnt have any pay stubs. Before he left the
US, company B filed for his H1B visa . After filing
H1B he went back to india and later accepted
a different position in singapore . H1B for company B
was approved successfully after few months.
Its been nearly almost 2 years since that happened .
H1B for company B is valid till sep 2007
Now company C filed for his H1 just few weeks before
and it was approved successfully. He wants
to travel to U.S now and start working for company C .
He went to singapore U.S consulate for H1B visa
stamping for company B. Unfortunately it was rejected.
221(g) . Reason officer gave him was " u
need to have 13 years experience to take up this job".
My brother tried to explain to them . But they wouldnt
listen. Also they retained all the H1B documents
related to comapny B.Also they have put an entry in
his passport saying 221(g) and the date.
Company C is still asking him to travel to U.S , since
he has a valid visa stamping with company A until Aug
26 2006. My brother has valid H1B petition thru
company C which is valid till june 2009.
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
2)Will there be questions at the port of entry ?
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
4)Any chance he wont be let inside U.S ?
5)Can he show them the h1b approvals for company C ?
6)Any tips to handle the officer at POE?
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Any little help is also appreciated.
I need answer mainly for question 1 and 8
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
No Safe as he will be questioned at port of entry
2)Will there be questions at the port of entry ?
A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Yes.. He may not not reenter US for next 10 Yrs.
I am not an Immigration Lawyer.Better Talk to the Attorney. Its your brother's future
As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.
"My brother entered into the U.S around 2004 with
valid H1B stamping for company A. He was there only
for few months . He didnt work on any project
and he doesnt have any pay stubs. Before he left the
US, company B filed for his H1B visa . After filing
H1B he went back to india and later accepted
a different position in singapore . H1B for company B
was approved successfully after few months.
Its been nearly almost 2 years since that happened .
H1B for company B is valid till sep 2007
Now company C filed for his H1 just few weeks before
and it was approved successfully. He wants
to travel to U.S now and start working for company C .
He went to singapore U.S consulate for H1B visa
stamping for company B. Unfortunately it was rejected.
221(g) . Reason officer gave him was " u
need to have 13 years experience to take up this job".
My brother tried to explain to them . But they wouldnt
listen. Also they retained all the H1B documents
related to comapny B.Also they have put an entry in
his passport saying 221(g) and the date.
Company C is still asking him to travel to U.S , since
he has a valid visa stamping with company A until Aug
26 2006. My brother has valid H1B petition thru
company C which is valid till june 2009.
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
2)Will there be questions at the port of entry ?
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
4)Any chance he wont be let inside U.S ?
5)Can he show them the h1b approvals for company C ?
6)Any tips to handle the officer at POE?
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Any little help is also appreciated.
I need answer mainly for question 1 and 8
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
No Safe as he will be questioned at port of entry
2)Will there be questions at the port of entry ?
A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Yes.. He may not not reenter US for next 10 Yrs.
I am not an Immigration Lawyer.Better Talk to the Attorney. Its your brother's future
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sodh
07-27 05:03 PM
And one more thing notarize the request, its not neccesary,but its better to be safe.
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Catherine
11-04 02:06 AM
Help!
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.
I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.
I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?
Many thanks in advance for all help and advice.
P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.
I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.
I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?
Many thanks in advance for all help and advice.
P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
more...
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help43
09-10 09:02 PM
I Have H1-B Approval but I dont have I94 with it.
Actually my H1-B valid from October 1st.
I went to my friends consultancy, those people said like you can work for any employer in OPT Status. So they want to run my paystubs up to september 1st 2008.Once I got the H1-B they want to run my paystubs from another company(througth Which i applied My h1-b).
Now I got the h1-b approval but i didnt get the new i-94 with it. And my previous employer ready to run paystubs with new h1-b company.
My OPT expiration date is on dec 29 2008.I am planning to go to consulate in the month of November 2008.
Please help me out what do i need to
1) Which Country i need to go?(Canada, INDIA or Mexico)
2) What documents i need to take?
Actually my H1-B valid from October 1st.
I went to my friends consultancy, those people said like you can work for any employer in OPT Status. So they want to run my paystubs up to september 1st 2008.Once I got the H1-B they want to run my paystubs from another company(througth Which i applied My h1-b).
Now I got the h1-b approval but i didnt get the new i-94 with it. And my previous employer ready to run paystubs with new h1-b company.
My OPT expiration date is on dec 29 2008.I am planning to go to consulate in the month of November 2008.
Please help me out what do i need to
1) Which Country i need to go?(Canada, INDIA or Mexico)
2) What documents i need to take?
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JunRN
11-05 08:57 PM
Yes, you can attach your spouse even after approval IF the PD is current. If there's retrogression, and PD is not current, you cannot do that.
However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.
However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.
more...
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01-26 12:09 PM
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canmt
10-19 10:37 AM
You are required to send a notice to your lawyer letting him know that you no longer require his/her service. Also notify USCIS in writing that your lawyer does not represent you anymore and send correspondence to you directly. If any USCIS notice addressed to you was transmitted to your former counsel, it should be available to you from counsel. You may wish to request forwarding of all post-representation correspondence that arrived after representation ceased. Although that lawyer may have no obligation to perform any services for you, the office should not impede your ability to answer USCIS requests. You should call the service center and request a copy of any correspondence that was sent to your lawyer until the lawyer sends a notice to USCIS letting them know that he no longer represents your case or until another lawyer files a G-28 for you.
I hope this helps and good luck on your greencard chase.
I hope this helps and good luck on your greencard chase.
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cgs
04-03 09:34 AM
Renewal of passport doesn't invalidate the visas in old passport. You have to carry both the passports while traveling foreign country.
You can get correct information about passport renewal processing details by contacting near by Indian embassy. You can also check if there is same day (or faster renewal for extra fee) renewals.
You can get correct information about passport renewal processing details by contacting near by Indian embassy. You can also check if there is same day (or faster renewal for extra fee) renewals.
laksmi
02-18 02:33 PM
Is paystub needed When a person is on H1B and is out of project when AOS on 485.
I'm also in similar situation - my current project will also end by Mar 30th and its tough getting a new Project outside since my employer wants to make big money out of me (they keep fat margins) .... My H is valid till Sep 10 but it doesn't matter as soon as the current employer cancels it or asks u to go out of the country.
Do a H transfer immediately with some other company so that u remain in status...
Then file GC with that new company. GC can't be filed on your own - The PERM Labor and I-140 must need a employer and the 3rd stage I-485,EAD,AP you can file on your own.
I'm also in similar situation - my current project will also end by Mar 30th and its tough getting a new Project outside since my employer wants to make big money out of me (they keep fat margins) .... My H is valid till Sep 10 but it doesn't matter as soon as the current employer cancels it or asks u to go out of the country.
Do a H transfer immediately with some other company so that u remain in status...
Then file GC with that new company. GC can't be filed on your own - The PERM Labor and I-140 must need a employer and the 3rd stage I-485,EAD,AP you can file on your own.
reddy77
01-12 10:33 PM
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
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