needhelp!
11-13 01:31 PM
Thank you to all the 8 volunteers who worked for IV on Saturday.
Thank you sw33t for making it all the way from San Antonio.
Thank you sw33t for making it all the way from San Antonio.
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itstimenow
08-08 11:17 PM
I spoke with the lawyer. She asked me to get an affidavit stating the arrest reason and also what happened. She will send this as soon she gets my receipt number.
I am not having any case/docket number since this happened 4 years back.
Lawyer is saying this should be ok and this falls under misdemeanor.
Any suggestion?
If it's a misdemeanor, you should find the case/docket number from the court and get the expungement record.. also give INS all the evidences.. if all is present, you won't have any problem. and send it to INS sooner so you save time on RFE too.
I am not having any case/docket number since this happened 4 years back.
Lawyer is saying this should be ok and this falls under misdemeanor.
Any suggestion?
If it's a misdemeanor, you should find the case/docket number from the court and get the expungement record.. also give INS all the evidences.. if all is present, you won't have any problem. and send it to INS sooner so you save time on RFE too.
vsoni
03-31 10:05 AM
This is strange � I was in the same situation you are now few months ago. I had expired visa from company A and I change to company B �six month ago I got visa stamped by Halifax Canada office. I had company visa expired less then one year. I don�t have any AP at that time, may be I am lucky.
I don�t know if any rules changed since then.
I don�t know if any rules changed since then.
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sintax321
10-23 06:06 PM
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InTheMoment
02-22 10:54 AM
The best recourse would be to pay the $100 or so and ask a qualified attorney; but from the J-1 cases of friends that I had seen closely here is what I can say:
2.) This unfortunately, I have understood you cannot do without the 2yr residency requirement
3.) Yes, possible
4.) Yes
5.) It needs a lot of planning to fit in the waiver categories whether Conrad 20 state/federal interested agencies. If by some chance it gets messed up, you HAVE to goback for 2 years, irrespective of the fact that you are a benificiary on your husband's Immigration petition. In fact that was the reason my wife went for a H1 sponsoring hospital.
www.o-1eb-1j-1waiverlawyer.com I find is a well known attorney specializing in Physician immigration issues.
2.) This unfortunately, I have understood you cannot do without the 2yr residency requirement
3.) Yes, possible
4.) Yes
5.) It needs a lot of planning to fit in the waiver categories whether Conrad 20 state/federal interested agencies. If by some chance it gets messed up, you HAVE to goback for 2 years, irrespective of the fact that you are a benificiary on your husband's Immigration petition. In fact that was the reason my wife went for a H1 sponsoring hospital.
www.o-1eb-1j-1waiverlawyer.com I find is a well known attorney specializing in Physician immigration issues.
bhatt
08-05 04:56 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
It is just depeneds on luck.
My friend Who applied in EB3 after me will be applying for citizenship next year while I am waiting for my I-485.
Another one same company , eb2, same credential as me , later receipt Date, applied after me in eb2, got his GC five months back.
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
It is just depeneds on luck.
My friend Who applied in EB3 after me will be applying for citizenship next year while I am waiting for my I-485.
Another one same company , eb2, same credential as me , later receipt Date, applied after me in eb2, got his GC five months back.
more...
gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
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fcres
08-16 10:28 AM
i called the bank too and they cant read the check neither..i can see a number starting with ent only....where in the checkexactly do we look for the receipt number.
thanks
It should be 3 lines under "For Credit to U.S. Treasury" and just below a line of dashes (-------------------) starting with SRC or LIN and then 07xxxxxxxx
thanks
It should be 3 lines under "For Credit to U.S. Treasury" and just below a line of dashes (-------------------) starting with SRC or LIN and then 07xxxxxxxx
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EndlessWait
01-15 11:53 AM
lol.. i love this capitalistic society...
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krishna_brc
05-05 11:27 AM
Here is my story, Immigration experts are requested to suggest.......
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
EAD extension is solely based on Pending 485, so you should'nt have any problem.
Since you started working on EAD invoking AC21 i don't think you are on H1 status anymore.
Again i can be wrong. Please take an expert attorney's advise.
Thanks,
Krishna
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
EAD extension is solely based on Pending 485, so you should'nt have any problem.
Since you started working on EAD invoking AC21 i don't think you are on H1 status anymore.
Again i can be wrong. Please take an expert attorney's advise.
Thanks,
Krishna
more...
number30
03-05 09:45 PM
As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.
I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?
Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.
I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?
Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.
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sanjeev.mehra@gmail.com
08-06 01:17 PM
Thanks for the link (opening my eyes).
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vamsi_poondla
03-21 03:03 PM
My EB-3 priority date is 10/17/2004 Non-PERM. My I-140 was filed in May 2007 and is approved in Aug 2008. Meanwhile I also filed for I-485 for me and my spouse (thanks to DOS Visagate June 2007 event)
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2. Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2. Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
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imm_check
11-06 06:34 PM
From what you have mentioned, the answer to your question lies in the notice that USCIS has sent to your attorney....The letter should have exactly the steps needed and the time to respond....Your best bet is to request the attorney to send you a copy of the letter....
Personally, I think USCIS would request the empoyer to sign the check or re-issue a new one and send it within 30 days....it is not a big deal....
All the best....
Do they send a 797 Notice of action?
Personally, I think USCIS would request the empoyer to sign the check or re-issue a new one and send it within 30 days....it is not a big deal....
All the best....
Do they send a 797 Notice of action?
more...
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WillIBLucky
06-21 12:16 PM
Thanks for your prompt reply.Is this the format you are talking about?
AFFIDAVIT REGARDING BIRTH
I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:
I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.
______________________________
Signature of Deponent
Yes pretty much looks OK but I wont be comfortable if this is format your parents will use. For close relative this format is fine.
For parents I am not comfortable with the statement "and that________father’s name) is his/her father and _____________ (mother’s name) is his/her mother."
So just dig a little and there were members who have posted the sample for parents and close relative.
Go to this link for format http://immigrationvoice.org/forum/showthread.php?t=5036&page=7
AFFIDAVIT REGARDING BIRTH
I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:
I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.
______________________________
Signature of Deponent
Yes pretty much looks OK but I wont be comfortable if this is format your parents will use. For close relative this format is fine.
For parents I am not comfortable with the statement "and that________father’s name) is his/her father and _____________ (mother’s name) is his/her mother."
So just dig a little and there were members who have posted the sample for parents and close relative.
Go to this link for format http://immigrationvoice.org/forum/showthread.php?t=5036&page=7
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gc_chahiye
12-18 11:37 PM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
more...
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saxx
01-26 05:05 AM
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diptam
06-23 09:17 AM
If i apply 485 now and Ead/Ap later after August Bulletin can we avail
Free EAD/AP ?? That will save $350 together !
I mean is that possible - what's this Free EAd/ap deal ?
dont forget july 4th is a holiday..so when they come back on the 5th they will have applications touching the roof.
but from what i am hearing a lot of people are waiting for august bulletin and will apply on july 31st with the higher fees to avail the free ead/ap.
Free EAD/AP ?? That will save $350 together !
I mean is that possible - what's this Free EAd/ap deal ?
dont forget july 4th is a holiday..so when they come back on the 5th they will have applications touching the roof.
but from what i am hearing a lot of people are waiting for august bulletin and will apply on july 31st with the higher fees to avail the free ead/ap.
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rahul2699
05-24 07:23 AM
Thanks a lot I learned a lot here.
if you've benefited from the forum, please think about participating IV efforts. This campaign is working hard towards bringing relief to the EB community so that we don't have to go through H-1B extension/transfer hassles.
if you've benefited from the forum, please think about participating IV efforts. This campaign is working hard towards bringing relief to the EB community so that we don't have to go through H-1B extension/transfer hassles.
nashim
07-29 08:38 AM
Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
ksrk
08-14 08:08 PM
Hi Omved,
You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.
Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.
Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).
BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.
You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.
Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.
Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).
BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.
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