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Tuesday, June 7, 2011

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Funny Truth Or Dare Questions.

redddiv

07-18 07:02 AM

hi Guys,
I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
Lets discuss its relevance? What does the Core think about this.?

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AB1275

12-17 11:00 PM

I was in kind of simmilar situation in April 08 .I found out online that my 140 /485 denied on april 18th .called my lawyer and statred counting days to find out why .Neither My attorney.employer or me got any denail notice till may 15 .meanwhile i had mad multiple call to NSC.finally I got denail notice on my home address thu it was supposed to go to attorney .Any was they asked for same things what they wanted from u .My employer was in process of audit but i had only 4 days to file MTR .
Now answers to ur quiries
1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
Wish u luck

Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.

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lee.cook

May 30th, 2007, 10:27 AM

Hey Again,

I bought myself one off those Giotto Rocket Blowers thingimajigs, but wanted advice on the correct way to use it, the angle etc, angle off the camera.

Anybody got any pictures of the correct way? thanks very much.

Fashion models come on H1B? Give me a break.. [Archive] - Immigration Voice

View Full Version : Fashion models come on H1B? Give me a break..

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Stan09

07-16 08:56 PM

It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.

As regards whether a reimbursement agreement is enforceable - it depends on state law.
By "Training" did you mean "Filing"?
Otherwise it does not make any sense.

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nk2006

05-29 03:35 PM

Hi,
I am ready to send my EAD/AP renewal forms - not sure where to send is it NSC or TSC. My I485 is currently pending at TSC. All my previous applications have receipt numbers starting with SRC.

My lawyer (actually para-legal) mentioned that she will send them to NSC - I am not sure since she screwed it up once before.

Please let me know if we have to send EAD/AP renewals to same service center where our I-485 is currently pending or it does not matter.

Thanks a lot.
- nk

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Kevin Sadler

May 2nd, 2005, 07:50 AM

Nice shots, Anders. And you're right on track with your thinking about getting wheel spin to really enhance the photos mixed in with a combination of panning shots as well. There is something about wheel spin and motion that really adds to an image. Cox's pic is a great example and dan13 has some good ones in his gallery too. So the question is how much? Just enough is the answer. One of my buddies is a professional auto racing photographer. He's had mag covers and they fly him around to different tracks, even to Japan. So he's the real deal and very good and his published pans are flawless. But he says it's still trial and error and every track condition is different and it still takes a bunch to get a good one. Now he can get dialed in a lot quicker than most of us, but you get the point. Keep slowing it down until you get it. :) Hope that helps a little. Later, Kevin

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Suva

07-20 01:51 PM

I agree too.

Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

Please draw your own conclusion(s).

By the way,

*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!

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rvr_jcop

03-27 12:38 PM

Hi,

I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

Any productive feedback is highly appreciated...

pal :)

Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?

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sam_hoosier

06-22 04:47 PM

Is this based on where my I-140 is filed ? If so, it will be Nebraska.

AOL

ramesh10

06-15 07:20 PM

Franklin,

I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS

in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)

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simple1

05-11 06:49 PM

desi3933,

Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

In this case they are eligible for FB2A. So it nullifies that.

again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.

This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449

This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.

Thanks.

INA 203(d) Treatment of family members

A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).

______________________
Not a legal advice
US citizen of Indian origin

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sats123

03-12 08:00 PM

Thanks for reply and suggestions.

I called again today and same story. The representative asked me to refile again by paying $305. He said it cannot be reprinted.

Application was processed at NSC, I will keep calling every two days until I get a reply similar to what gc28262 got.

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bobby

04-03 02:18 PM

see answers in CAPS:
Couple of questions, if you don't mind.

1. Did you go on your vaction after getting your 3 year extension based on your approved I-140? NO MY H1B HAD BEEN EXTENDED FOR 1 YEAR AS I HAD ALREADY COMPLETED SIX YEARS BUT DID NOT HAVE AN APPROVED LABOR CERTIFICATION OR I-140 YET

2. Did you apply for 3 year H1-b extension even though your passport was not renewed? YES IN EARLY JAN 07

3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp? NO, "OLD" PASSPORT HAS VISA STAMPS FROM FIRST SIX YEARS ON H1B

4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years? PENDING CASE NOT APPROVED YET. USCIS WORKING ON RECEIPT DATES OF 1/13 AND MY RECEIPT DATE IS 1/26

WHEN YOU RECEIVE YOUR EXTENSION APPROVAL A NEW I-94 IS ATTACHED TO THE EXTENSION NOTICE AS IN THE CASE WITH PREVIOUS RENEWALS/EXTENSIONS

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rogerdepena

08-01 11:30 PM

nope... I have my receipt notice that has June 11th on it, but the only system says July 3rd, which is the day they sent my notice :)

i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.

anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.

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GCard_Dream

01-14 09:30 PM

No they can't. Congress needs to pass a law. This topic has been covered here in detail before. Try doing a search, if interested.

does anyone know if uscis need a law to pass in the congress to change the law on the i-485, or thy can decide to change it?

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augustus

05-12 09:18 AM

Dear All,

Could you please advise, if we can port eb3 to eb2.

My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.

Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?

If yes, what should we be careful about and how should we go about it?

Sincerely,
Augustus

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franklin

12-11 02:30 PM

Everyone knows the you don't get something for nothing.

The Omnibus Bill is the most positive movement we as a green card hopeful community will have for some time.

Please contribute for your sanity and long term stability.

I know the feeling of relief that a greencard brings, but I still believe others need help. I've contributed for you. Now its your turn to help yourselves.

Please contribute.

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MArch172008

05-22 07:26 PM

I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .

Do i have to take transfer in order to apply for I 140 ?

Can two I 140 process parallel ?

Thanks for you all support..

Keep up the Good job

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Pagal

09-17 12:50 PM

Hello,

Closing of the sponsoring company may turn out to be a blessing in disguise ... if you show up at Comany A and ask for the employment as listed in your application, Comany A can show its inability to employ you siting the pending closure. As soon as this happens, you are a free agent to work with any other company in same/similar job. I remember reading this advice on murthy last year and you might find some links through IV archives as well.

Good luck!

Winner

04-21 02:26 PM

This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.

If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.

laksmi

02-18 05:10 PM

when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.

Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :

a) Timesheet signed.
b) benefits confirmation ,
c) email correspondence to indirectly prove that you were working in H1 status and getting paid

Hope this helps

lorasater

Tuesday, June 7, 2011

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