sri1309
04-10 06:28 AM
HI,
I know a case where i-140 was deniied similarly. If you dont really trust the attorney, as it looks to be the case, CHANGE the attorney 1st. Go to a big firm like Murthy.They handle cases like this & in my fren's case, it was successfully cleared using MTR in less than a month.
Make sure you have all the documentation needed for ATP and they ask for 1 out of 3, but if you can get more than that, its good.
Sri.
I know a case where i-140 was deniied similarly. If you dont really trust the attorney, as it looks to be the case, CHANGE the attorney 1st. Go to a big firm like Murthy.They handle cases like this & in my fren's case, it was successfully cleared using MTR in less than a month.
Make sure you have all the documentation needed for ATP and they ask for 1 out of 3, but if you can get more than that, its good.
Sri.
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axp817
06-15 05:00 PM
If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
huh? I thought being employed at all times was an H-1B requirement and not an AOS requirement.
OP hasn't made it clear whether he is still on H-1B or just AOS/EAD.
OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
huh? I thought being employed at all times was an H-1B requirement and not an AOS requirement.
OP hasn't made it clear whether he is still on H-1B or just AOS/EAD.
LostInGCProcess
11-06 02:47 PM
Guys,
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
2011 Uploaded on January 5, 2011 by
franklin
07-17 10:28 AM
Welcome to the board folks.
I can't believe our membership numbers either! Please do help to contribute - everything helps!
I can't believe our membership numbers either! Please do help to contribute - everything helps!
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jvordar
07-09 07:09 PM
I140 copy is useful to argue that your extension is based upon I140 but is not absolutely required.. i was in the same situation abt 2 months ago.. my new employer was asking for I140 copy but then they filed with just the receipt # and stated that the copy is not available. i got my h1 transfer approved without any issue.. it all depends on the officer who is handling your case.. sometimes some officer thinks that it is your responsibility to provide everything, sometime some officer just looks up in their system with the receipt # provided.. but according to the lawyer from my new company they have never heard of the case where the transfer is rejected just coz the I140 copy was not provided
my new employer also clearly stated to me that there are chances though of the rejection and even got my signature on a letter stating that i understand the risks..so may be u can ask your employer to get your sign on something similar to that and have them file just with receipt#
hope this helps..
my new employer also clearly stated to me that there are chances though of the rejection and even got my signature on a letter stating that i understand the risks..so may be u can ask your employer to get your sign on something similar to that and have them file just with receipt#
hope this helps..
aa_ke_phas_gaya
04-30 05:09 PM
I am not being pessimistic; this is just my opinion about CIR: I don't have high hopes for CIR when it comes to EB immigration.
Every article that I read about CIR mentions issues related to undocumented workers/residents/aliens and border security. These are high priority issues within immigration reform domain. Legal immigration (family & employment) are secondary and in this segment Family based immigration gets precedence due to large number of immigrants from Latin America has larger vote.
I think issue of H1B visa will be at a higher priority as larger population of US is aware of this category so it has more political value and of course thanks to Sen. Grassley.
That puts Legal Skilled workers' issues related to immigration (GC) at the bottom of the pile. Not that other issues are non-important but since this issue has least priority we at IV need to emphasize more and explain the dire need for relief for those who are waiting for long time.
Bottom Line: Immigration is multi-issue agenda, IV needs to assign separate teams for these issues so even if CIR doesn't go through we at least will have success at fixing some of the issues.
Every article that I read about CIR mentions issues related to undocumented workers/residents/aliens and border security. These are high priority issues within immigration reform domain. Legal immigration (family & employment) are secondary and in this segment Family based immigration gets precedence due to large number of immigrants from Latin America has larger vote.
I think issue of H1B visa will be at a higher priority as larger population of US is aware of this category so it has more political value and of course thanks to Sen. Grassley.
That puts Legal Skilled workers' issues related to immigration (GC) at the bottom of the pile. Not that other issues are non-important but since this issue has least priority we at IV need to emphasize more and explain the dire need for relief for those who are waiting for long time.
Bottom Line: Immigration is multi-issue agenda, IV needs to assign separate teams for these issues so even if CIR doesn't go through we at least will have success at fixing some of the issues.
more...
mtsaha
08-09 01:16 PM
You can leave it as blank, you will getting the A# with the 485 receipt ...
Hi, Thanks for your reply.
Also by any chance is "alien receipt number" same as the A# that appears
in my old OPT-EAD? If yes then perhaps I can use that? I know that
"A#" is called "alien registration number".
Thanks, Mtsaha
Hi, Thanks for your reply.
Also by any chance is "alien receipt number" same as the A# that appears
in my old OPT-EAD? If yes then perhaps I can use that? I know that
"A#" is called "alien registration number".
Thanks, Mtsaha
2010 Uploaded on March 10, 2011 by
manisha5
07-17 05:45 PM
Hurrah!!! :D
You guys did it.
You guys did it.
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godspeed
04-16 12:54 PM
doesnt make sense, how does h1b-lca matter to I-485 adjudication?, isnt this a clear case of witch hunting?
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gc_on_demand
08-06 03:05 PM
Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
more...
PD_Dec2002
08-23 02:56 PM
I guess 485 getting current does not help much without getting i-140 approved.
It certainly helps some so their spouses can work on an EAD. And it definitely helps everyone if one needs to invoke AC21. But yes, a I-485 is not going to get approved if I-140 is pending.
Thanks,
Jayant
It certainly helps some so their spouses can work on an EAD. And it definitely helps everyone if one needs to invoke AC21. But yes, a I-485 is not going to get approved if I-140 is pending.
Thanks,
Jayant
hot 11th March 2011
paskal
08-22 07:02 PM
I have your request to join, we are indeed very active.
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
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house Uploaded on March 10, 2011 by
sc3
02-12 07:52 PM
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
Yes, but the OP said applied in Nov 2007, and re-entered in Dec 2007. What is the latest rule on going out of country while the application is being processed? Previously it would mean abandonment of the application.
Yes, but the OP said applied in Nov 2007, and re-entered in Dec 2007. What is the latest rule on going out of country while the application is being processed? Previously it would mean abandonment of the application.
tattoo Uploaded on January 5, 2011 by
gcseeker2002
11-05 01:01 PM
Is there any basis needed for approving AP? Is it EAD ? If so my application is in deeps***. onceagain, is there anybody here with this kind of experience. Also since I already took infopass once, is there any use taking it again for my ead ?
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pictures West Coast CAWs SVR 2008 Evil
Edison99
06-02 08:40 AM
Great;
Hi Edison99,
I requested for interfiling by sending an email to ebupdate.tsc@dhs.gov.
Regards,
Satya
Hi Edison99,
I requested for interfiling by sending an email to ebupdate.tsc@dhs.gov.
Regards,
Satya
dresses SvR 2011 :::Johnny Skarz vs
gc_on_demand
08-06 03:05 PM
Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
more...
makeup West Coast CAWs SVR 2008
RDB
12-21 10:32 AM
A1. Yes, they will interview you together.
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
girlfriend Uploaded on January 20, 2011
gcseeker2002
11-05 01:00 PM
I don't know. It is just puzzling that some people got both while others only got one. What is the basis for approving AP?
Is there any basis needed for approving AP? Is it EAD ? If so my application is in deeps***. onceagain, is there anybody here with this kind of experience. Also since I already took infopass once, is there any use taking it again for my ead ?
Is there any basis needed for approving AP? Is it EAD ? If so my application is in deeps***. onceagain, is there anybody here with this kind of experience. Also since I already took infopass once, is there any use taking it again for my ead ?
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indyanguy
06-30 09:33 AM
I am having a little difficulty understanding this. If you are not so sure about approval in EB3 category how do you plan to apply in EB2 category? Moreover what makes you think that your EB3 I-140 may be denied? Even if it is a Labor substitution case if your application is strong, you should not have any issues. Your employer must support your EB2 application otherwise it is not possible.
According to my lawyer, the success of Labor substitute cases depends a lot on the previous work experience letters. Since I wasn't able to submit all the EVLs that exactly match the title and the skillset, it makes the application weak.
I have a MS in CS and there is a position in the company that requires a MS position which makes me eligible for a EB2 application. One of the main reason for an alternate EB2 application is to have something as a backup if my EB3 goes bad.
According to my lawyer, the success of Labor substitute cases depends a lot on the previous work experience letters. Since I wasn't able to submit all the EVLs that exactly match the title and the skillset, it makes the application weak.
I have a MS in CS and there is a position in the company that requires a MS position which makes me eligible for a EB2 application. One of the main reason for an alternate EB2 application is to have something as a backup if my EB3 goes bad.
pappu
03-17 12:26 AM
My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????
Please correct your profile. The dates are incorrect. Thanks.
Please correct your profile. The dates are incorrect. Thanks.
WTFever
12-02 06:49 PM
Well this is the non-immigrant section, and I also said I was not sure where to post it. Care to give me a clue?
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