maco
08-10 10:56 AM
Hello All
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
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gotgc?
09-16 10:44 PM
I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
desi3933
02-18 09:56 AM
I agree with snathan.
This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
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naveenarjun
06-04 10:39 AM
If this is old then why did i see it on THOMAS as
=====================================
S.1348
Title: A bill to provide for comprehensive immigration reform and for other purposes.
Sponsor: Sen Reid, Harry [NV] (introduced 5/9/2007) Cosponsors (4)
Latest Major Action: 5/25/2007 Senate floor actions. Status: Considered by Senate.
======================================
:confused: :confused: :confused: :confused: :confused: :confused::confused: :confused: :confused: :confused:
======================================
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The one you are seeing is being replaced one section at a time..So I assume its incomplete.
=====================================
S.1348
Title: A bill to provide for comprehensive immigration reform and for other purposes.
Sponsor: Sen Reid, Harry [NV] (introduced 5/9/2007) Cosponsors (4)
Latest Major Action: 5/25/2007 Senate floor actions. Status: Considered by Senate.
======================================
:confused: :confused: :confused: :confused: :confused: :confused::confused: :confused: :confused: :confused:
======================================
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The one you are seeing is being replaced one section at a time..So I assume its incomplete.
more...
newuser
07-17 11:02 PM
I used to watch CNN for any news update and visit CNN.com atleast 10 times a day. Not anymore. I didn't visit the website for the last two days and I am sending e-mails to all my friends to stop watching CNN and all the products that endrosed Lou Dobbs show.
I am getting my info from www.nytimes.com now and watching msnbc on cable.
I am getting my info from www.nytimes.com now and watching msnbc on cable.
apb
09-14 03:10 PM
Are there anybody who saw LUD before they got the CPO mail? I saw many posts here where they mentioned that they never saw any status change/Soft LUD, prior to their CPO mail.
more...
rajeshalex
07-09 09:48 AM
1. check if ur H1 sal =Sal Received (considering 8k)
If sal received - 8K > H1 Sal , then its difficult for you to claim unless he has given you some hike
2 Does any of the pay checks mention any advance ?
3 If you have to return 8k, you can ask him to reduce the tax which u have paid which will be 30% So you might return 5.5K
Rajesh
If sal received - 8K > H1 Sal , then its difficult for you to claim unless he has given you some hike
2 Does any of the pay checks mention any advance ?
3 If you have to return 8k, you can ask him to reduce the tax which u have paid which will be 30% So you might return 5.5K
Rajesh
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prdgl
07-07 10:16 PM
I am not sure I understand what you are saying. But before you get flamed (and correctly so) by everyone, I just have one advice for you: "What goes around comes around".
Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...
Good luck.
Thanks,
Jayant
are you talking about filing LC for ad sent out already that I said ? or ...
Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...
Good luck.
Thanks,
Jayant
are you talking about filing LC for ad sent out already that I said ? or ...
more...
radhagd
01-13 09:43 PM
To port PD from Eb3 to EB2, He does not require to qulify for EB2 before Nov 2001, He is eligible if he is qualified at time of filing EB2.
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Cali2006
07-07 09:59 PM
Hi,
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
If your position requires a MS + 1 year of experience, you must have had the MS + 1 year of experience when you started the job. If you obtained your MS after you started the job this criteria would not be valid.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
If your position requires a MS + 1 year of experience, you must have had the MS + 1 year of experience when you started the job. If you obtained your MS after you started the job this criteria would not be valid.
more...
GCSeekerCT
08-22 07:35 AM
Again, I thank the community here for being supportive and hearing me out.
After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.
What are a few months in the game where I have waited this long ?
Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)
If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.
Thanks much
After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.
What are a few months in the game where I have waited this long ?
Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)
If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.
Thanks much
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chakalov
10-10 12:41 PM
Application received by NSC on July 19. Called USCIS yesterday 10/09/07 - still nothing in the system. I'll call again in a week.
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andy garcia
04-08 01:55 PM
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
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dontcareanymore
08-05 12:39 PM
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Do you care to provide details ?
Is it possible that you were eligible to file I485 with other (Latest) PD as well and they are considering the recapture request ??
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Do you care to provide details ?
Is it possible that you were eligible to file I485 with other (Latest) PD as well and they are considering the recapture request ??
more...
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shortchanged
08-03 10:25 PM
I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it
It means you have become an "undocumented or illegal", and you have to learn English and you are qualified for a Z visa :rolleyes: :D
Forget about your I-140; just focus on I-485. I-140 seems to be a foregone conclusion.
Enjoy your weekend man...............
It means you have become an "undocumented or illegal", and you have to learn English and you are qualified for a Z visa :rolleyes: :D
Forget about your I-140; just focus on I-485. I-140 seems to be a foregone conclusion.
Enjoy your weekend man...............
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paskal
10-02 05:03 PM
C'mon folks...after San Jose and DC we look up to you for inspiration. The awe inspiring energy and motivation of the Cal chapters will serve as as an example for all others.
You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.
Please help make the SoCal gathering a resounding success!
You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.
Please help make the SoCal gathering a resounding success!
more...
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frostrated
09-03 01:59 PM
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
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when
12-06 01:21 PM
Thank You crystal
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lsuk
07-21 07:17 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
surabhi
10-22 01:29 PM
I filed second set on August 16 as a insurance policy . ANd sure enough, I didnt actually got the checks cashed until October 13th. I am glad I didnt spend sleepless nights specially after 90 day window.
The second set got cashed on October 15th.
Now I have 2 sets of receipt notices.
I have indicated in the cover letter when I filed the second I-485 mentioning that this is a second appliication. I indicated in the actual application as well.
As per the USCIS' SOP manual, they have to check if there is a duplicate filing and in case they find one, they will attach to the first application.
According to USCIS updates, they are doing minimal data entry to ensure faster receipting and hence it is possible that they didnt validate if there was an existing filiing.
This is different from "second I-485' which you will do if you and spouse claim each other as dependents. In this case, the application will go to review by a IO.
I didnt do stop check becuase I didnt want another set of issues and treat the second application as insurance fees . What else I could do.
Plan of Action:
I will write another letter with both receipt notices asking to merge the application. In the meanwhile, if I will attend both FP if I get them.
I will ask for refund on that application. If they dont, I understand that.
but I think overall application will not get affected since such scenario is part of USCIS Standard Operating Procedures.
The second set got cashed on October 15th.
Now I have 2 sets of receipt notices.
I have indicated in the cover letter when I filed the second I-485 mentioning that this is a second appliication. I indicated in the actual application as well.
As per the USCIS' SOP manual, they have to check if there is a duplicate filing and in case they find one, they will attach to the first application.
According to USCIS updates, they are doing minimal data entry to ensure faster receipting and hence it is possible that they didnt validate if there was an existing filiing.
This is different from "second I-485' which you will do if you and spouse claim each other as dependents. In this case, the application will go to review by a IO.
I didnt do stop check becuase I didnt want another set of issues and treat the second application as insurance fees . What else I could do.
Plan of Action:
I will write another letter with both receipt notices asking to merge the application. In the meanwhile, if I will attend both FP if I get them.
I will ask for refund on that application. If they dont, I understand that.
but I think overall application will not get affected since such scenario is part of USCIS Standard Operating Procedures.
bpadala
05-08 05:42 PM
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