ags123
05-15 03:02 PM
I am analyzing a few scenarios to plan ahead and had a question on status during an MTR filing and an AAO appeal.
In the form I-290B looks like there are several options but mainly looks like
a) Appeal at AAO
b) Motion to reopen
From all the web research I see that the AAO appeal process takes 8-14 months for I-485.
If on 1 Dec 2009 the pending EB I-485 gets denied. Then an appeal is filed on 2Dec2009 which gets logged in say on 4Dec2009. What is the status of the alien from 4 Dec2009 till the appeal decision is made in 8 to 14 months ? is it counted as unlawful? Also does it depend on whether appeal gets denied or approved?
In this situation assume:
a)I-140 is approved and I-485 is pending for more than 6 months
b) alien is laid off and no similar job has been found.
c) alien ports to self employment but has no clients as its a new business at the time of I-485 denial. Uses the yates memo and self employment as basis for appeal.
In the form I-290B looks like there are several options but mainly looks like
a) Appeal at AAO
b) Motion to reopen
From all the web research I see that the AAO appeal process takes 8-14 months for I-485.
If on 1 Dec 2009 the pending EB I-485 gets denied. Then an appeal is filed on 2Dec2009 which gets logged in say on 4Dec2009. What is the status of the alien from 4 Dec2009 till the appeal decision is made in 8 to 14 months ? is it counted as unlawful? Also does it depend on whether appeal gets denied or approved?
In this situation assume:
a)I-140 is approved and I-485 is pending for more than 6 months
b) alien is laid off and no similar job has been found.
c) alien ports to self employment but has no clients as its a new business at the time of I-485 denial. Uses the yates memo and self employment as basis for appeal.
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priderock
05-16 04:05 PM
My passport was issued with 5 year validity (2002-2007). Hope this endorsement will not cause any issue since I'm renewing the passport after the expiration date.
As I said , Id did not cause any delay in our case. We tried after our passports have been expired. Good luck.
But if you are trying to do this for filing 485 , I suggest going in person if possible so that you can cut down on time.
As I said , Id did not cause any delay in our case. We tried after our passports have been expired. Good luck.
But if you are trying to do this for filing 485 , I suggest going in person if possible so that you can cut down on time.
immilaw
09-25 04:10 PM
Can we start working with the new employer before getting the receipt?
The law says that you can join a new employer once the case has been filed. The receipt takes 10-15 days but legally your case is considered filed once the US CIS receives it and it gets receipted in.
The law says that you can join a new employer once the case has been filed. The receipt takes 10-15 days but legally your case is considered filed once the US CIS receives it and it gets receipted in.
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hopelessGC
01-22 01:54 PM
The information about AC21 is clear and concise. Very easy to understand. They also have a postal address specific to sending such requests. I did not know that.
more...
chanduv23
07-31 02:14 PM
My 485 petition reached USCIS on July 18th and I am travelling to India on August 17th, I have my h1b visa stamping at Chennai on August 21st. My employer and his attorney strongly recommend not to travel until we get the reciept notice.
Murthy's FAQ is confusing, does not say one must not travel, but says it will be better if one can avoid travel.
Is anyone else in the same boat? My travel is essential. It is my brother's marriage and I have to be there.
Any takes on this? Has anyone called USCIS?
Thanks
Murthy's FAQ is confusing, does not say one must not travel, but says it will be better if one can avoid travel.
Is anyone else in the same boat? My travel is essential. It is my brother's marriage and I have to be there.
Any takes on this? Has anyone called USCIS?
Thanks
perm
09-15 09:07 AM
This is somewhat I feel and I may be wrong..
We need to come out in masses and get attention. Maybe we need to put out small number to teams to specialize in each area. A team, which deals with lobbies in DC, additional teams that is out there for PR and media coverage, separate teams to raise contributions, collect ideas from members - discusses and implements some of them.
Also get some high profile people to look into out goals and push them. Some big sponsors (undocumented workers got miller, we need someone too - Microsoft maybe). The media coverage should be saying out goals 'Documented workers need justice...etc' instead of 'Team IV on immigrationvoice....'
We need a headcount on this org and fax/send a common message to everyone with signatures (Like a petition IL had to give driving license to H4's) instead of requesting everyone to send a separate web fax (some members can visit this sites only in a couple of days and may miss sending wefaxes)
I have tired to ge more people like us to look and participate in this Movement but somehow they never bothered to join. We need to unite and re-unite.
We do need to plan something in masses. A march like the undocumented workers may not hurt, we too can be inspired like our bollywood directors.
The only way we are going to get our point out there is more media attention and awareness and what we are asking is fair. The articles I have seen so far 1. Do not have a big number of people involved in it (headcount), 2. More focused to promote 'www.immigrationvoice.org' then out goals 3. Have not reached out to right people (numberusa etc) 4. Have not been read / viewed / supported by the people to whom it is delivered.
And the biggest draw back I see is that we are like accessories to other bill, except SKIL. We need to come out of this tailgating and go through solo. If SKIL is out there, why is it not pushed? Why do people who are already citizens do not except us to get there. There is something missing and some brianers need to sit together and figure it out.
i will stop myself here and I do apologize if I have hurt anyone feelings and again, I may be wrong in what i say. If there is any way I can help, plz let me know
We need to come out in masses and get attention. Maybe we need to put out small number to teams to specialize in each area. A team, which deals with lobbies in DC, additional teams that is out there for PR and media coverage, separate teams to raise contributions, collect ideas from members - discusses and implements some of them.
Also get some high profile people to look into out goals and push them. Some big sponsors (undocumented workers got miller, we need someone too - Microsoft maybe). The media coverage should be saying out goals 'Documented workers need justice...etc' instead of 'Team IV on immigrationvoice....'
We need a headcount on this org and fax/send a common message to everyone with signatures (Like a petition IL had to give driving license to H4's) instead of requesting everyone to send a separate web fax (some members can visit this sites only in a couple of days and may miss sending wefaxes)
I have tired to ge more people like us to look and participate in this Movement but somehow they never bothered to join. We need to unite and re-unite.
We do need to plan something in masses. A march like the undocumented workers may not hurt, we too can be inspired like our bollywood directors.
The only way we are going to get our point out there is more media attention and awareness and what we are asking is fair. The articles I have seen so far 1. Do not have a big number of people involved in it (headcount), 2. More focused to promote 'www.immigrationvoice.org' then out goals 3. Have not reached out to right people (numberusa etc) 4. Have not been read / viewed / supported by the people to whom it is delivered.
And the biggest draw back I see is that we are like accessories to other bill, except SKIL. We need to come out of this tailgating and go through solo. If SKIL is out there, why is it not pushed? Why do people who are already citizens do not except us to get there. There is something missing and some brianers need to sit together and figure it out.
i will stop myself here and I do apologize if I have hurt anyone feelings and again, I may be wrong in what i say. If there is any way I can help, plz let me know
more...
phillyag
05-18 09:36 AM
I think we should all blog out such testimonials.
Atleast few will make it in the hands of the people who care and can make the changes.
Those who fear of disclosing identity ...this is the best route to spread out the word and get heard.
Atleast few will make it in the hands of the people who care and can make the changes.
Those who fear of disclosing identity ...this is the best route to spread out the word and get heard.
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ashkam
04-02 10:12 AM
Just curious, for how many years did they issue the license? And also in which state did you apply?
I got my license in PA. I showed my EAD which was valid for 2 years so they gave the license upto the end of my EAD.
It was for my wife's learner's permit in PA. She got the usual one year deal with two year possible extensions.
I got my license in PA. I showed my EAD which was valid for 2 years so they gave the license upto the end of my EAD.
It was for my wife's learner's permit in PA. She got the usual one year deal with two year possible extensions.
more...
Dhundhun
10-19 02:01 PM
I am EB2(INDIA) filer with PD of OCT 2006. My wife have H4 until 2010 and we also received our EADs after July 2, I-485 filing. I have not used EAD yet but my wife starts working using EAD and she is on the payroll for about 2 months now. Our EAD expires on DEC 2008 and I sent renewal application 9/12 but have not heard from USCISI NSC yet. Now what will happen to my wife's H4 visa or her status if we did not receive EAD renewal in time? If she quits her job now, can she be still on H4 or exclusively on EAD? Is that scanario will cause any problems in future?
I will really appriciate your help in this matter...
Thank you
After using EAD, her status is "AOS pending". EAD is not status. It is authorization given to potential immigrants as well as non-immigrants such as Students, AOS Pending people, Refusees.
EAD to H4 happens again when she travels outside and gets I94 based on H4 or applies to USCIS for H4 extension.
FYI, going on EAD might not be reported to USCIS. But she must maintain her records clearly.
If she does not receive EAD, still she is on AOS pending. I9 has provision that if EAD is applied and it is being processed in USCIS, an employee has up to 90 days to give new EAD to employer - so she can continue working, by giving a copy of EAD renewal receipt to employer (in case renewed EAD does not arrive before expiry) attached to I9. Refer to I9 instructions for detail.
I will really appriciate your help in this matter...
Thank you
After using EAD, her status is "AOS pending". EAD is not status. It is authorization given to potential immigrants as well as non-immigrants such as Students, AOS Pending people, Refusees.
EAD to H4 happens again when she travels outside and gets I94 based on H4 or applies to USCIS for H4 extension.
FYI, going on EAD might not be reported to USCIS. But she must maintain her records clearly.
If she does not receive EAD, still she is on AOS pending. I9 has provision that if EAD is applied and it is being processed in USCIS, an employee has up to 90 days to give new EAD to employer - so she can continue working, by giving a copy of EAD renewal receipt to employer (in case renewed EAD does not arrive before expiry) attached to I9. Refer to I9 instructions for detail.
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vikramy
05-22 03:38 PM
Thanks & Hope every thing works out for u.
I still don't know what the RFE is about. Unfortunately my wife is in India on vacation :(
vikramy, do you know what the RFE is about ? Medical Exams? Are you the main applicant? usually the main applicant gets things first. But you know, this is USCIS expect the unexpected. However you only have 30 days to respond to a RFE so make sure immigration gets it. and think positive, you'll get your green card!
I still don't know what the RFE is about. Unfortunately my wife is in India on vacation :(
vikramy, do you know what the RFE is about ? Medical Exams? Are you the main applicant? usually the main applicant gets things first. But you know, this is USCIS expect the unexpected. However you only have 30 days to respond to a RFE so make sure immigration gets it. and think positive, you'll get your green card!
more...
msyedy
12-06 04:41 PM
Someone say March 07 someone say must be before mid of the next year.
If you look at the last two years, even with presidents National TV speech,
congress did not move.
Media will just make us happy, lot of journalists say that if Bush could not get any of his legislation passed then it would be bad for Republicans in the 08 elections.
Anywayz it is going to be bad due to the war. No affect on the congress from business comunity. We have seen the affect this year.
I have been saying and still think that Immigration is not a major issue to the congress(Democratic or Repub) because the american people do not bother which party does good to the illegals, they care about the medicare, SocialSecurity, Wages , gas prices and lot more and (Why not because this is what they need.)
Not being pessimistic, look from a border prospective
So I pray and hope some relief comes soon.
If you look at the last two years, even with presidents National TV speech,
congress did not move.
Media will just make us happy, lot of journalists say that if Bush could not get any of his legislation passed then it would be bad for Republicans in the 08 elections.
Anywayz it is going to be bad due to the war. No affect on the congress from business comunity. We have seen the affect this year.
I have been saying and still think that Immigration is not a major issue to the congress(Democratic or Repub) because the american people do not bother which party does good to the illegals, they care about the medicare, SocialSecurity, Wages , gas prices and lot more and (Why not because this is what they need.)
Not being pessimistic, look from a border prospective
So I pray and hope some relief comes soon.
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hopefulgc
08-08 04:01 PM
An antithetical incarnation of the popular "lighten up" thread
Damn straight... this is where y'all can come bitch about how it sucks to be in AOS.
and guess what .. some loser gave me a red for starting this thread.
--- Here we go ---------
You have followed the law.
You have filed all the documents they asked for.
You have paid astronomical fees for someone to just look at your documents and state the obvious (i.e. You deserve PR)
This is Year 2... f**king thousand ....8.. the information tech age for crying out loud.
And everywhere I hear... almost everyone is in dark about what is going on.
"We have a lot of case load... You are going to need to wait"
I am thinking of starting a website where people can enter their email address and just get fake "card production ordered" emails.
That way, at least the impatience and novelty associated with getting approved will wear off and we can go back to pretending we are in a developed country.
Damn straight... this is where y'all can come bitch about how it sucks to be in AOS.
and guess what .. some loser gave me a red for starting this thread.
--- Here we go ---------
You have followed the law.
You have filed all the documents they asked for.
You have paid astronomical fees for someone to just look at your documents and state the obvious (i.e. You deserve PR)
This is Year 2... f**king thousand ....8.. the information tech age for crying out loud.
And everywhere I hear... almost everyone is in dark about what is going on.
"We have a lot of case load... You are going to need to wait"
I am thinking of starting a website where people can enter their email address and just get fake "card production ordered" emails.
That way, at least the impatience and novelty associated with getting approved will wear off and we can go back to pretending we are in a developed country.
more...
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kiran24
09-19 06:06 PM
If you e-file EAD renewal ---> you get the finger print appointment.
If you send paper based EAD application ---> you don't get finger print appt.
Please can you explain why an EAD e-filer gets FP notice again?
Thanks
If you send paper based EAD application ---> you don't get finger print appt.
Please can you explain why an EAD e-filer gets FP notice again?
Thanks
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sanju_dba
05-13 03:56 PM
I am not sure if there is a thread created under "interesting topics" for discussing investment options in the US. If yes, we can close this one.
Besides the house, the 401k, the ESPP and the stocks (which I've always shied away from), would the IV community provide inputs on the following:
1. the various investment options in the US.
2. good investment consultants that you know of
3. approx percentage spread of your investments
e.g: 10% in stocks, 10% in 401k , 50% in the house purchase etc.
I know this thread is not relevant to immigration issues but those are being actively discussed in other threads.
to add to your list... Gold, second/vacation home .
Besides the house, the 401k, the ESPP and the stocks (which I've always shied away from), would the IV community provide inputs on the following:
1. the various investment options in the US.
2. good investment consultants that you know of
3. approx percentage spread of your investments
e.g: 10% in stocks, 10% in 401k , 50% in the house purchase etc.
I know this thread is not relevant to immigration issues but those are being actively discussed in other threads.
to add to your list... Gold, second/vacation home .
more...
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indigo10
03-03 03:44 PM
Hi immi_2006,
Thanks for reply, If you dont mind can you give us more details on how the interview went, like what did VO ask in H4 interview and Trivalley interview.It will be very helpful for all in similar situation.am planning to go for stamping too.
Thanks
My friend's wife attended H4 interview in Feb.
She was F1 -> OPT -> F1 Tri valley -> CPT -> H4
She has CPT in a company that is related to her field of study but not working for the last 4-5 months due to marriage etc. She left to india for H4 stamping as soon as she learned about Tri-vallye fraud. (Other reasons for her immediate departure are fear of being detained and H4 COS delays)
They have asked several questions for couple of hours on her schools, specially focusing on TVU. After the interview they kept her passport and gave her a gerneral 221g. After 7-10 days they sent the passport with H4 stamp on it. She is back in US last week.
It seems there are no issues with going to H4 stamping. However if you had applied COS, You can stick to it.
Thanks for reply, If you dont mind can you give us more details on how the interview went, like what did VO ask in H4 interview and Trivalley interview.It will be very helpful for all in similar situation.am planning to go for stamping too.
Thanks
My friend's wife attended H4 interview in Feb.
She was F1 -> OPT -> F1 Tri valley -> CPT -> H4
She has CPT in a company that is related to her field of study but not working for the last 4-5 months due to marriage etc. She left to india for H4 stamping as soon as she learned about Tri-vallye fraud. (Other reasons for her immediate departure are fear of being detained and H4 COS delays)
They have asked several questions for couple of hours on her schools, specially focusing on TVU. After the interview they kept her passport and gave her a gerneral 221g. After 7-10 days they sent the passport with H4 stamp on it. She is back in US last week.
It seems there are no issues with going to H4 stamping. However if you had applied COS, You can stick to it.
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nousername
02-09 06:39 PM
I understand one can stay out of job while on AOS (with i140 + 485) and it is advised to keep a job offer of same or similar in hand but my question is.. Is it by law that USCIS contacts or requests for employment verification letter or just a possibility?
Couple of members above sounded like they were certain that USCIS "will" ask for employment verification letter.. To my best knowledge this is more like a lottery..
Please correct me if I'm wrong..
Couple of members above sounded like they were certain that USCIS "will" ask for employment verification letter.. To my best knowledge this is more like a lottery..
Please correct me if I'm wrong..
more...
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paskal
06-03 07:58 PM
the current clauses in the INA are being amended and the EB clauses will be directly replaced with merit based.
therefore AC21 for all intents and purposes will apply to the "new clauses"
therefore AC21 for all intents and purposes will apply to the "new clauses"
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fromnaija
09-29 12:22 PM
Boy, you are sure lucky to have such a great employer!
Lucky? I don't know about that. It was the condition I gave my employers before agreeing to work for them. However, that may also account for their decision to file EB3 instead of EB2, knowing that EB3 is retrogressed for ROW and they don't want me to get GC quickly. :(
You win some, you lose some......:eek:
Lucky? I don't know about that. It was the condition I gave my employers before agreeing to work for them. However, that may also account for their decision to file EB3 instead of EB2, knowing that EB3 is retrogressed for ROW and they don't want me to get GC quickly. :(
You win some, you lose some......:eek:
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simple1
10-19 02:42 PM
Troll Alert.
So we had 30 day ad period and 30 day quite period. But I received a mail from HR saying that they received 40 applications after the quite period was over and they are going to analyze the applications.
It looks like they did not do any analysis during the quite period.
May be some gurus can respond if this is normal or differs from case to case and doesn't matter.
So we had 30 day ad period and 30 day quite period. But I received a mail from HR saying that they received 40 applications after the quite period was over and they are going to analyze the applications.
It looks like they did not do any analysis during the quite period.
May be some gurus can respond if this is normal or differs from case to case and doesn't matter.
kinvin
03-17 10:19 AM
Survery taken.
Forwarded to friends and family!
Forwarded to friends and family!
anilsal
11-28 12:18 AM
I agree with what you say. But, at the same time, I believe that the members need leadership and direction.....
This week I requested you to identify yourself with your state chapter. You have not yet done it. :)
Can you please update your signature with your affiliation with your state chapter?
For others,
http://immigrationvoice.org/forum/showthread.php?t=15438
This week I requested you to identify yourself with your state chapter. You have not yet done it. :)
Can you please update your signature with your affiliation with your state chapter?
For others,
http://immigrationvoice.org/forum/showthread.php?t=15438