Mike Tyson Tattoos

that looks **** good VD

Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..

So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)

Folks,
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(

Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.

Any pointers would be really appreciated.

Thank You

-Bipin

You must be having A# on previous EAD - that is required. I filed for my wife and forgot to send copy of I-485. There was no RFE and we got EAD. Refer to http://immigrationvoice.org/forum/showthread.php?t=18737.

Admins....please block this guy

Bump

Labor Filed under Perm - July 2005 ( Approved in 1 week)
I-140 & I485 filed in August 2005, I140 approved in one week. Since then had couple of bometrics oppoinment.

Fromnaija and ChanduV-

I may be moving to California in early November. So, I am sorry I am not able to offer a leading role in AZ. But, I believe it will greatly help others considering such a role, if you could explain what kind of responsibilities and commitments such a position may entail.

There's time till evening.. keep 'em coming.

I never saw a change from the April 30th LUD and got the CPO yesterday.

So dont get too concerend if after the receipt notice LUDs you do not see any movement, seems like it goes straight from that to CPO!

Good luck for everyone who is still waiting! :)

Did not know that you can use FOIA for obtaining a document that does not belong to you (or you dont own it)

Here are threads relating to that.

http://immigrationvoice.org/forum/forum80-visa-bulletin-status-tracker-processing-times/219826-use-foia-for-i-140-and-other-immigration-records.html

http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html

When you already hold an H1 and it comes time to renew it/ file for extension/ 7th year etc, or if you want to switch jobs, you don't have to worry about the H1 quota. You can file at any time of the year, regardless of H1 availability.
Your new H1 will be exempted from the quota, hence called "non-cap".

on your substitute W2.

So i should report the pay for sep to dec in substitute W2 though i have not received it from my employer right and also report to DOL for the same.

Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?


Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

Can someone please help?
U will get a 3 year H1-B with the new employer.
i donot have experience with PERM. From what i know it varies from state to state. typically 6 months, may be longer or shorter.
--MC

?????????

Yeah, my bad. Thanks to other posters for correcting this.

Thanks,
Jayant

Guys, I dont see any provision to contribute one time $50. Is there any way I can do it ?

Thanks
RK

How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.

CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.

There is nothing to be scared of in the interview. If you are skilled immigrant from any country and your case is genuine, what are you scared of in the consular interview? Attorneys here will always ask you for I485, sure it helps most people than those filing CP , but there is also economic advantage to attorneys suggesting this option.

As I said, those from non retrogressed countries can file concurrently, also those countries such as India which are experiencing wide swings in visa bulletins are able to file concurrently. If I140 is NOT approved and date is current, it makes sense to file I485 as it gives you additional protections by law.

Is that your new year wish? :)

I do not see any possibility unless some miracle happens.


i see pappu more after IV's new web makeover ....i think he likes blue color more....:p

jk take it easy...

There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.

As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.

Thanks for replying... Appreciate it ....

I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.

As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.

Recently joined.

Contributed $200.

Guys and Gals,
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.

Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.

Questions:

Is this legal?
Is it a common practice?

Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.

If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

Thanks for your time.

If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.

a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.

The law states that you have the right to file for MTR if you think there are facts ignored by the officer.

It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.

Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?

Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.

Please talk to an experienced immigration Attorney and they can explain all this stuff.