mirage
03-16 04:44 PM
I would put this News letter in one of the 'Most Informative' ones. It clear doubts about maintaining H1B/EAD it talks about changing jobs on AC21. Intresting to see that 3 years EAD/AP thing as well as he mentions about the combined EAD/AP document. Attorney Ron Gotcher is also very proactive on his forums, you can ask specific questions, he usually answers it the same day..
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pappu
02-05 02:44 PM
Call the office and tell them you did not get the answer to the questions and issues you raised and want to speak with the person who handles immigration policy matters. Follow up with this person. Letters go to junior staff and issues get lost unless you contact the senior staffers and seek appointment from them.
manja
03-31 12:05 PM
Done.
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Dj-Studios
05-24 01:03 PM
Oops forgot to change that part. Hehe.:P
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win_or_win
03-29 03:40 PM
Hi Guys,
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
chanduv23
06-20 02:16 PM
The Forums are not secure as they are watched by anti immigrant groups. Key communications like this can only be through state chapters as the membership to the state chapters are secure. Please contact a chapter that is nearest to you. If not PM me your phone number and contact info, I can pass it on to my state chapter (IV Tri-state) and have someone contact you with information.
This drive is Key for our issues. We need to work on this and burn the phone lines. We are very close indeed.
You are right. Thanks for the great job in the chapter
This drive is Key for our issues. We need to work on this and burn the phone lines. We are very close indeed.
You are right. Thanks for the great job in the chapter
more...
alethos
01-03 10:57 AM
I find it difficult to resist a battle...I'm in, too.
So...what's a pixel? :crazy:
j/k!
-Al
So...what's a pixel? :crazy:
j/k!
-Al
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Guig0
01-03 12:22 PM
Let me warn thee, Becareful! That name is not to be used lightly, nor even spoken aloud. Unless thy crave is to awaken the horror of the Kirupalvania. For behold! That evil not even thou can put a stop to it. So a change in the subject must be made, whilst the doom come to us.
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msp1976
10-19 02:38 PM
That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.
The AC-21 became a law in 2001.... if they really wanted to clarify it, by now they would have....They have taken a position of strategic ambiguity....
Government lawyers like this kind of situation...If they donot like something you or me not doing they can use this weapon against us....to throw you/me out..
So the crux is if you/me donot get into any trouble like drunk driving or something...we can get away with some things...
The AC-21 became a law in 2001.... if they really wanted to clarify it, by now they would have....They have taken a position of strategic ambiguity....
Government lawyers like this kind of situation...If they donot like something you or me not doing they can use this weapon against us....to throw you/me out..
So the crux is if you/me donot get into any trouble like drunk driving or something...we can get away with some things...
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njboy
10-03 02:39 PM
my head's spinning
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jkamel5
07-11 12:55 PM
Thanks for advice. Yes my last M.Sc. and Ph.D. from the USA.
Could you please clarify what "find out NIW holders in your / related engg field"? How can I find out?
Do you believe EB2-NIW is easier than EB1-OR?
Thank you,
John
Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.
BTW, is any degree of you from US?
Could you please clarify what "find out NIW holders in your / related engg field"? How can I find out?
Do you believe EB2-NIW is easier than EB1-OR?
Thank you,
John
Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.
BTW, is any degree of you from US?
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bestofall
06-20 12:45 AM
Pappu , Thanks for update
I got info from Our FL State chapter ,
Thanks
BestOfAll
I got info from Our FL State chapter ,
Thanks
BestOfAll
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looking4d
06-25 02:11 PM
What will be my status after i file my I485?
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
After you file 485 you are in AOS so you can file for AP and use that to get back into US. Once in AOS it doesn't matter if your H1B expired or I94 is expired as you will be in status. However to work you will need EAD.
To enter reenter US you should have a H1B visa stamp which is valid or have an AP. If you use your AP you will have to use EAD to continue working. Another option is to get a new H1B stamp based on your current H1B petition which is valid till april 2008.
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
After you file 485 you are in AOS so you can file for AP and use that to get back into US. Once in AOS it doesn't matter if your H1B expired or I94 is expired as you will be in status. However to work you will need EAD.
To enter reenter US you should have a H1B visa stamp which is valid or have an AP. If you use your AP you will have to use EAD to continue working. Another option is to get a new H1B stamp based on your current H1B petition which is valid till april 2008.
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psaxena
06-25 01:59 PM
Which number do you want ,their bedroom line or the personal cellphone number or their GFs with whom they got extra marital affair.
Gangu bhaiya, Like I always tell my team members, there are 100000 excuses you can make for not doing the work , but if you really wanna do it, you will do that no matter how..
The leaders in the meeting are public figures their numbers, faxes is published everywhere.. if you really wanna do it ,go figure.. you are in US for so many years waiting for your GC, and you need to be spoon feeded.. why? Please get over it and fight for it yourself.
If you call them or fax them you will be doing it for yourself and favor to no one else. This is our struggle for ourselves. I am not a saint or mahatma to fight for somebody's else's cause.. I am fighting for MYSELF. But doing it with everyone, who share the same cause to make an impact.
I am asking people to think before acting.
I am not opposing webfax. I am opposing webfax you are sending to promite illegals. These organizations are going to use you to market them self. Secondly nobody is going to read your fax if you even change the words.
Organizations supporting illegals will do nothing for legals.
If you think that by changing the words , you can use their fax to spread your message, then why dont you go to anti-immigrant websites and change their words and send faxes to support legals. You will not do it because you know anti-immigrant is written on top of the fax.
So why do you want to become a puppet of someone else.
psaxena if you really want to do something, how about collecting the names of all the people in the meeting and post their phone numbers on the forum. Then tell us what to say and we will all call their offices now.
Gangu bhaiya, Like I always tell my team members, there are 100000 excuses you can make for not doing the work , but if you really wanna do it, you will do that no matter how..
The leaders in the meeting are public figures their numbers, faxes is published everywhere.. if you really wanna do it ,go figure.. you are in US for so many years waiting for your GC, and you need to be spoon feeded.. why? Please get over it and fight for it yourself.
If you call them or fax them you will be doing it for yourself and favor to no one else. This is our struggle for ourselves. I am not a saint or mahatma to fight for somebody's else's cause.. I am fighting for MYSELF. But doing it with everyone, who share the same cause to make an impact.
I am asking people to think before acting.
I am not opposing webfax. I am opposing webfax you are sending to promite illegals. These organizations are going to use you to market them self. Secondly nobody is going to read your fax if you even change the words.
Organizations supporting illegals will do nothing for legals.
If you think that by changing the words , you can use their fax to spread your message, then why dont you go to anti-immigrant websites and change their words and send faxes to support legals. You will not do it because you know anti-immigrant is written on top of the fax.
So why do you want to become a puppet of someone else.
psaxena if you really want to do something, how about collecting the names of all the people in the meeting and post their phone numbers on the forum. Then tell us what to say and we will all call their offices now.
more...
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h4hopeful
04-10 01:06 PM
MD_123: I agree with you. It is very important that IV's position in this issue is clear, because this issue is key for a lot of people.
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kondur_007
08-13 04:20 PM
Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
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dpsg
04-09 12:45 PM
You put it in excellent words. Hopefully we see more diversity in future &
concerted effort to get to it.
The IV is about issues/problems of employment based immigrants, and the goal is to get support as much as possible from every corner in this country to further the cause. Everyone who supports this cause fit in to some category (within legal limits - pro, anti, this group, that lobby, this ethincity, that nationality, etc.), and that does not mean we are promoting something or have preferences for a group. In my opinion any support (with in the legal framework) to the cause of IV from any corner in this country is welcome and should be appreciated.
concerted effort to get to it.
The IV is about issues/problems of employment based immigrants, and the goal is to get support as much as possible from every corner in this country to further the cause. Everyone who supports this cause fit in to some category (within legal limits - pro, anti, this group, that lobby, this ethincity, that nationality, etc.), and that does not mean we are promoting something or have preferences for a group. In my opinion any support (with in the legal framework) to the cause of IV from any corner in this country is welcome and should be appreciated.
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sen_raju
05-25 04:21 PM
Memorial day became memorial for me.
Woke up late today and the first Email which I checked today says this ;-) :
The last processing action taken on your case
Receipt Number: SRC07******
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On May 23, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Woke up late today and the first Email which I checked today says this ;-) :
The last processing action taken on your case
Receipt Number: SRC07******
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On May 23, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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she81
01-24 04:04 PM
The school is wrong on 2 accounts:
1. The only exception to the full-time student rule on F1 is your LAST semester of graduation. If your wife is in her LAST semester, and she has fewer credits remaining for graduation, and enrolls in less than full-time credits she CANNOT be out of status. I myself was in that boat in my last sem. Not sure if things changed in the past 2 yrs.
2. If she has an EAD, then your lawyer is right. She is not required to be on F1.
1. The only exception to the full-time student rule on F1 is your LAST semester of graduation. If your wife is in her LAST semester, and she has fewer credits remaining for graduation, and enrolls in less than full-time credits she CANNOT be out of status. I myself was in that boat in my last sem. Not sure if things changed in the past 2 yrs.
2. If she has an EAD, then your lawyer is right. She is not required to be on F1.
apahilaj
05-12 05:57 PM
I am not sure about this. May be you can call them and confirm so that any potential delay can be avoided.
Hey nogc_noproblem,
I read this direct mailing document and it mentions that if 485 is pending read page 7 of the instructions. When I read page 7, it mentions that if you live in NJ, send the package to Mesquite, TX.
Am I missing anything here? Please let me know. Thanks.
Hey nogc_noproblem,
I read this direct mailing document and it mentions that if 485 is pending read page 7 of the instructions. When I read page 7, it mentions that if you live in NJ, send the package to Mesquite, TX.
Am I missing anything here? Please let me know. Thanks.
GCNaseeb
10-01 05:55 PM
Attorney emailed me this morning all our Receipt Notices for our I-485/I-765/I-131. All numbers start with WAC. Receipt Number of I-485 is the same number as Transfer Notice.
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