frostrated
08-27 02:18 PM
It is possible if the job description is different. And, you can use your EB3 date, provided your EB3 140 is approved.
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dish
03-20 03:53 PM
TALENT Bill, a new, stand-alone, business immigration bill developed by Compete America, a coalition comprised of AILA and various corporations, universities, research institutions and trade associations. AILA Doc. No. 06021668.
http://www.aila.org/content/default.aspx?docid=8846
This is what I got googling for talent bill
http://www.aila.org/content/default.aspx?docid=8846
This is what I got googling for talent bill
coolmanasip
10-19 03:23 PM
If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.
You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.
You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.
Talk to your HR regarding the different options.
Are you sure about the leave? Are you sure if we can use the leave accrued? I was under the impression that you had to go off the payrol ? Please confirm.
You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.
You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.
Talk to your HR regarding the different options.
Are you sure about the leave? Are you sure if we can use the leave accrued? I was under the impression that you had to go off the payrol ? Please confirm.
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DesiPardesi
07-13 04:25 PM
Done. Forwarded to other affected friends.
Wondering why IV has 4000 members while signatures are only 1327.
I believe your spouse can sign too because she is affected with this VB fiasco as well.
Wondering why IV has 4000 members while signatures are only 1327.
I believe your spouse can sign too because she is affected with this VB fiasco as well.
more...
lord_labaku
09-21 09:15 PM
If your passport has been impounded, cant you only travel out of the country by hiding in a cargo box anyway....GC will be the last in your list of worries. No?
trueguy
08-28 04:07 PM
Good fight guys, keep it going. We need reasons to laugh in this GC mess.
more...
ita
10-30 01:55 PM
What does taking Infopass mean?
Thank you.
Thank you.
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jgh_res
06-20 11:11 AM
Are you trying your luck to get an RFE with digital pics?
Read the following post:
http://www.immigrationportal.com/showthread.php?p=1678834&highlight=digital#post1678834
Some are successful with digital pics but there are lot of them who had issues with digital pics including me, twice. All the best!!!!!
get the photos from CVS, they give you 6 photos for 8 bucks
Read the following post:
http://www.immigrationportal.com/showthread.php?p=1678834&highlight=digital#post1678834
Some are successful with digital pics but there are lot of them who had issues with digital pics including me, twice. All the best!!!!!
get the photos from CVS, they give you 6 photos for 8 bucks
more...
zeta7
03-25 08:50 PM
Thanks guys for advise and kind words. Unfortunately, I did not apply for AP assuming I will get it stamped as was the case in 2005 when I had no problems.
Any possibilty of applying for AP now?
Pls. advise.
RV
As far as I know you must be in the US to apply for AP. But even if you could apply it probably won't serve your time interests since it takes at least 3 months to get it processed; and these days it would probably take up to 4-5 months. I applied for AP in November, I still haven't received it.
Any possibilty of applying for AP now?
Pls. advise.
RV
As far as I know you must be in the US to apply for AP. But even if you could apply it probably won't serve your time interests since it takes at least 3 months to get it processed; and these days it would probably take up to 4-5 months. I applied for AP in November, I still haven't received it.
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eastindia
12-21 10:33 AM
I am all up for it & won't mind doing it all...
Thank you.
What is the strategy and action items?
If you detail it out, more people can be interested. Do not ask us to send junk emails or sign some useless online petition though in your action item.
Thank you.
What is the strategy and action items?
If you detail it out, more people can be interested. Do not ask us to send junk emails or sign some useless online petition though in your action item.
more...
Anders �stberg
October 6th, 2005, 10:30 AM
I don't think the extension tube affects the optical quality, there is no added glass. What you see is perhaps an effect of increased magnification plus loss of light, leading to the need for a faster shutter speed. Using both a teleconverter and extension tube means more risk for camera shake and as you also get closer you may have more motion blur. What shutter speed did you get for the geese images?
The two birds I posted were photographed at a bird feeding table next to a walkway, they were not very afraid of humans. I had to sit very still close to a tree though as the distance was not more than 12-15 feet. I have tried using camoflage clothes as well as a blind but I think you still have to visit the same place for an extended period to let the birds get used to the addition of the blind or you-posing-as-a-bush in their environment.
The two birds I posted were photographed at a bird feeding table next to a walkway, they were not very afraid of humans. I had to sit very still close to a tree though as the distance was not more than 12-15 feet. I have tried using camoflage clothes as well as a blind but I think you still have to visit the same place for an extended period to let the birds get used to the addition of the blind or you-posing-as-a-bush in their environment.
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chanduv23
10-13 08:55 AM
This is an excellent piece of article and the comments are even better. Very good work Jaime.
It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
May be I am repeating something that is already discussed, but still.........
__________________________________________________ _________
Contributions so far $600+
and continuing $20 per month
I noticed this too. It is a wonderful idea to title threads appropriately
It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
May be I am repeating something that is already discussed, but still.........
__________________________________________________ _________
Contributions so far $600+
and continuing $20 per month
I noticed this too. It is a wonderful idea to title threads appropriately
more...
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amitps
09-23 09:32 PM
I am a 7/27 filer and my checks got cashed on Friday. So, do not worry there are a lot of people who have not got their notices.
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Dhundhun
06-17 06:23 AM
To whom they tried to deliver....basically its PO box..no signature required for PO boxes.
In real practice, they leave a note in PO Box. After reading note, that something is for you, you need to stand in Q, sign it and receive it.
I think, USCIS is also undergoing same thing. Post Office must be putting notes in boxes. Due to high volume, signing part must be getting delayed.
Accordingly Post Office must be putting on-line status as attemped to deliver.
I never ask for Signature Confirmation on PO Box. Delivery Confirmation is enough.
In real practice, they leave a note in PO Box. After reading note, that something is for you, you need to stand in Q, sign it and receive it.
I think, USCIS is also undergoing same thing. Post Office must be putting notes in boxes. Due to high volume, signing part must be getting delayed.
Accordingly Post Office must be putting on-line status as attemped to deliver.
I never ask for Signature Confirmation on PO Box. Delivery Confirmation is enough.
more...
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Blog Feeds
06-03 03:40 PM
WASHINGTON � U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:
been granted Temporary Protected Status (TPS);
a pending application for adjustment of status to lawful permanent resident;
a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
a pending asylum application; or
a pending application for legalization.*
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.
Advance Parole is permission to reenter the United States after traveling abroad.* Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.* By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.* Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.*
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.* Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.* For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links)*and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.* Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.* Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.*
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.** Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.*
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.* For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.* Such individuals are encouraged to review USCIS� Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS� Customer Service Center at 1-800-375-5283.
More... (http://ashwinsharma.com/2009/06/03/uscis-reminds-applicants-for-adjustment-of-status-asylum-legalization-and-tps-beneficiaries-to-obtain-advance-parole-before-traveling-abroad.aspx?ref=rss)
been granted Temporary Protected Status (TPS);
a pending application for adjustment of status to lawful permanent resident;
a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
a pending asylum application; or
a pending application for legalization.*
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.
Advance Parole is permission to reenter the United States after traveling abroad.* Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.* By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.* Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.*
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.* Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.* For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links)*and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.* Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.* Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.*
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.** Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.*
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.* For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.* Such individuals are encouraged to review USCIS� Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS� Customer Service Center at 1-800-375-5283.
More... (http://ashwinsharma.com/2009/06/03/uscis-reminds-applicants-for-adjustment-of-status-asylum-legalization-and-tps-beneficiaries-to-obtain-advance-parole-before-traveling-abroad.aspx?ref=rss)
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averagedesi
09-22 09:33 AM
I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.
Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.
What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.
Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.
What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.
more...
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Ramba
05-04 02:04 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
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txh1b
08-18 01:28 PM
Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
Like I said before, this is a civil issue and a contract claim. This can be handled by means of a lawsuit as a civil proceeding if you wanted to. The likelihood of you winning the claim is very very slim in court based on my knowlegde. If you want a government agency to help you, that is not going to happen as there is no claim of any violation here.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
Like I said before, this is a civil issue and a contract claim. This can be handled by means of a lawsuit as a civil proceeding if you wanted to. The likelihood of you winning the claim is very very slim in court based on my knowlegde. If you want a government agency to help you, that is not going to happen as there is no claim of any violation here.
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h1techSlave
10-14 04:29 PM
This bill should be supported by all EB categories. 50,000 visas per year is significant.
karthiknv143
02-06 04:03 PM
Yes, you have to change your H4 also. Submit a new petition.
gcwait2007
07-07 01:25 PM
My friend received a letter from USCIS in response to his phone call asking then why they have not taken a decision inspite of 60 days expired after responding RFE. This is what the letter mentions.
The status of this service request is:
Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.
What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.
please advise guys ..
thanks,
narendra
As I read your msg , I interpret the USCIS letter (my reading of in-between lines) that his EB-3 (PD:2001) case has been pre-adjudicated and he is all set to get his GC whenever visa numbers are available.
The status of this service request is:
Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.
What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.
please advise guys ..
thanks,
narendra
As I read your msg , I interpret the USCIS letter (my reading of in-between lines) that his EB-3 (PD:2001) case has been pre-adjudicated and he is all set to get his GC whenever visa numbers are available.
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