Anne Hathaway Catwoman

Why would IV not support a bill like this? Wouldn't this not make all our current problems go away?

It is out and installed. I loaded up the rainbow picture, did an adjustment layer, but don't seem to be making changes that really improve the shot. I'll try some more later, but I have to go, the sun is about to rise :)

If you get frustrated with it, drop a note. I actually did the rainbow pic this am before I left the house.... took screen shots while doing it and made a pdf file for you. I just haven't had time to get it up on my website yet though. Maybe tomorrow!

Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.


The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.

Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.

The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).

Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.

Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?

If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.

Any comment on any of the above questions will be highly appreciated.

Thanks for you time.

My H1B was filed with job title "RF Engineer" which comes under "Electrical Engineering" in 2004. My first 3-year term on H1 expires this year end and employer needs to file for renewal for next 3-year term.

My LC as well as 140 were applied and are approved for the position of "Electronics Engineer" which is my current position.

Essentially Electronics Engineer position is a superset of RF Engineer/Electrical Engineer positions, job duties are pretty much the same.

So now when I apply for my H1B renewal/extension does employer have to write the current position (Electronics engr) or the position on which H1B was filed first (RF engr)?

Any inputs appeciated...

I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

Here is the reason...

The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

Lets meet up on the weekend in a park or something, we can do the potluck. It will be an open place , so no restriction or shortage of space if there are a lot of people. Would be a good social networking and also the meeting as well.

I am open to all the suggestions. I am pretty new to the website, can administrator provide the list, that can be used to communicate

Thanks

Isn't it done before LC filing?

We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.

Pls. find the answers in red ink below. Also, all the answers are based on personal experience.

Can I work while the case is appealed?

No. You cannot unless you have a back - up of EAD.




How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?

There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.




What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?

No idea.


Can I start working once the receipt for the new h1b petition comes in?

No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.

If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?

If consulate case, then you will have to get it stamp to start working.

Can i transfer my approved I140 to a new employer ?

I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)

I will really appreciate your feedback on this.


Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.

Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company once my old employer has appealed the H1B denail notice?

if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?

Thanks in advance.

PIMS should be your last concern. There are other problems like 221(G) issues that you need to be concerned.

Thank you all for your help/suggestions. I'll try to add my wife in my employer plan, may be with lower premium and higher deductible for now. Also there is this insurance I found called 'HTH global citizen' that covers pregnancy after 12 months.

My suggestion is: "Go for HIGHER PREMIUM and LOW DEDUCTIBLE", other wise go for $3000 package.
But I can tell you even if doctor is saying $3000, you might be ending paying a lot more than that. Its medical, and I hope everything should go fine. But in case of any complexities, if you don't have insurance, you will end up paying like more than 10K (even in $3000 package).

Go for full coverage and add your wife to your insurance. This is my suggestion.

Good Luck

Will do my very best to attend and will encourage others to attend too. I know this is important to me like you and everyone else here and Thanks for what are doing to community.

Thanks for the contribution. :) Also I do suggest you take a look at the IV merchandise.

Getting checks cashed must be a relief for you. Enjoy the peace that comes with it. :)

Additionally:
http://immigrationvoice.org/forum/showthread.php?t=12389

Congratulations...

Who gets the AP (Advance parole) document from USCIS , candidate or lawyer who filed it ?

Hi Everybody,

I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??

As Lacrosse said most probably 3-4 years but you never know .. you can get lucky like this year when USCIS made everything current for July . If a month like that comes along then you would be able to file for AOS .

A miracle can happen but if it doesn't your wait time could be anything from 3 - 5 years or

GCBalak,

1) Anyone can start a company...just called the IRS, get an EIN number and then go your state office to establish the LLC or other entities. However, if you're on H1 or H4 status...you CANNOT be an active partner. This means that you CANNOT receive any forms of INCOME. Profit distribution during tax filing ok. GotFreedom...you're not receiving a salary are you?

2) Hence, it is "better" to partner with someone who can legally work. In case of an audit, you can claim that you're the silent partner and the other partner does all the work.

Fittan

Did you use an approved labor?

the RFE was on Ability to Pay

I assume you mean "Be prepared for some grilling ....".
I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.

When i came back from canada the US POE made me wait for 4 hours and asked me questions, whether i am thinking to abandon my US green card application and move to canada etc.. They will check you baggage and later after 2 hours of sincere answers they will let you in. Don't worry too much about it.
In your case you have a US GC in hand i don't know about those issues

Ok, this is something I don't think I have an eye for at all (or have ever had an eye for, yet).

I have a photo project for a other photo study I'm taken. It's to photo a beauiful outdoor vista (any outdoor scene I pick).
The objective is to produce a picture that gives a feeling of distance-a feeling of near or far.

The subject is to photo a wonderful view that stretches as far as the eye can see.

So am I even close or maybe getting close to achieving this?
What do you think?
I have some more to post but here's a few examples.

Comments,suggestions,anything?

Thanks again everyone for your help.
http://www.dphoto.us/forumphotos/data/511/medium/test2.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test3.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test5.jpg
http://www.dphoto.us/forumphotos/data/511/medium/test4.jpg
http://www.dphoto.us/forumphotos/data/511/medium/testing1.jpg

Hi,

My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
We have just requested expedite request but may not get it in time.

She just entered into USA using AP in July.
485 was filed in Aug 07.

If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?

And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?

Thanks,

The outcome in a case like this depends on the specific State's criminal code, and the individual's specific record. I cannot tell you for sure that USCIS will seek to remove your son, but I would strongly advise your son and his criminal lawyer to consult with an experienced immigration lawyer before going further.

Some states have special
courts, processes and/or dispositions for certain juveniles that are different than for those in adult court. Some such dispositions are not considered �convictions� for immigration purposes
(although they may still become a problem for discretionary forms of relief or where �admitting to a crime� is enough). For example, in New York:
- A �Youthful Offender� disposition for people under the age of 19 at time of conduct is not a �conviction� for immigration purposes. In fact, a Y.O. for a more serious offense is
sometimes better than a straight conviction for a lesser offense.
- A �Juvenile Delinquency� disposition in Family Court for people under age 16 at time of
conduct is not a �conviction� for immigration purposes.
- However, a �Juvenile Offender� disposition is considered a conviction for immigration
purposes and does not have the same benefits.
Note: The federal government and every state has its own system for treating juveniles in the criminal justice system � some will be safer for immigrant youth, and some will not. Every state also has its own rules for the maximum age at which a young person may qualify for this treatment � for example, one state may place a 15-year-old in adult court with no special dispositions, while another state may place a 17-year old in the juvenile justice system.
 Consider going to trial instead of pleading guilty. This is not always the best option, but you may want to consider it if, for example, the evidence against you is weak and/or the benefits of the plea offer are not worth the immigration consequences to you.

Gurus,
A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.

So, what options do we have ?
a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
b) can AC21 approach be used to port this to a EB2 category ?
c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
(I am assuming that EB2-I will be current approximately around this time next year).

Thanks.