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  • If you consider waiting from Feb 2005 is too long, then what you would say for those guys stuck still in BEC from 1999

    Congrats!!! dude..You are waiting from long and deserve it...





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  • Done! Go IV!





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  • Besides not signing this so called contract

    If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.

    Non solicitation clause should state a time frame - but otherwise most contracts have them

    And as long as this is a new or potential employer - its a nice red flag to stay out

    Yes, I am in concensus too of the above statements.





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  • Thanks all
    I think i'll get the Nikon D70





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  • Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.

    Any comments from IV Core Team ? Can we contact Indian Ambassador to arrange a meeting with the minister ? is it possible ?





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  • From Matthew Oh Website:http://www.immigration-law.com/

    Dr. Emilio Gonzalez has just released the latest statistics of the USCIS backlog elimination status. The statistics show number of pending cases by different causes as follows:

    Total Pending Cases: 1,131,333
    Cases Pending Customer Follow-Up Action: 200,828
    RFE or Fault in Initial or Other Required Documentation: 187,457
    Others: 13,371

    Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
    Family Based Cases: 682,936
    Employment-based or Other: 110,786

    Cases Pending Other Agency Action: 136,763
    4,905: Other Agencies Investigation Result Waiting
    130,091: Interview Completed but Waiting for Name Check Clearance


    Do these numbers agree with what we at IV have been estimating? Was surprised to note that only 110,786 cases were affected by retrogression in the EB category.

    I personally need more defination of
    'Employment-based or Other: 110,786 '
    it is defining a narrow set of applicants. Are they ones whose 485 is stuck after filing 485. or are they ones whose 485 cannot be filed and only have 140 approved ?





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  • Hi everyone, I have been approved on 9/6/7.
    only 92 days after AOS filing.
    My sponsor, I did work with them from 2002-2007. They agree to file i-485 in the hopes economy would get better. However house builders are doing very bad now and they cannot take me back after approval.
    The question is, does this spoiled my chances for citizenship?

    I think you can get a letter from employer stating that they can not employ you any more. I am not sure if they issue a letter to every person that loses the job. Just make sure that your intention to work with the sponsering employer is documented somehow .

    I have an idea here ... just write an email to your boss or HR stating "how good company has been to you and how they helped you with your immigration process and given a choice you would rather work with the same company"

    Take a printout of all these emails and save them if you still have a chance. You can use all these to prove if you run into any problems during the naturalization process.

    Apart from these things collect the news paper clips or company wide emails that talk about downsizing. These things should help you to prove your intentions if there is a query about your intentions at the time of naturalization.

    If you think company will survive for 5 or 10 more years , just keep in touch with your HR





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  • Guys

    My EAD renewal application was once rejected saying 485 copy missing. I paper filed one more time . This time check is en cashed and also I received my receipt. But have not got the EAD card yet. My current EAD last date is 7/22/10. I am working on EAD . So what should i do to expedite my case.

    Please advise.

    Thanks a lot





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  • I was in a similar situation where i had two petitions one expiring in 4 months and another expiring in a year and i got the stamp for the remaining 1 year 4 months. The guys outside take only one petition as you have to schedule an appointment with only one petition (i.e. I797). When you go to the window to talk to the Consular Officer you should tell him that you have another petition and get a stamp for the entire validity of the 2 petitions. I asked the CO in a very polite way and he obliged.





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  • Thanks to the existing rules, I have seen friends/ relatives either sacrifice filing for their AOS, or worse, try to get married in 15 days (or even worse, though I have rarely seen someone do this... get married after filing for AOS and spend years away from the spouse)!

    I believe, Sen. Clinton was pushing for this during CIR, but the amendment was rejected.





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  • Who gets FP notice? is it attorney or us?

    We also filed on July 2nd at NSC.. got EAD and AP. buit no sign of FP yet. we were also out of country for last 3- 4 weeks. Is there chance we could have missed it?





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  • There are two different things. (i) Intention to commit immigration fraud by mis-representing facts; (ii) Intention to immigrate.

    By returning from the US after your trip, you have proved (ii) to be false (i.e., you did not have intention to immigrate at least at that time). However, that evidence does not prove (i) to be false.



    Yes, it is a requirement for issuing F-1.


    Good question, and I do not know the answer. What you say may be true. Please consult a qualified attorney (or ask your brother to consult one).


    Yes. The IO should have access to all prior and pending immigration related activities associated with you.

    It should not affect your I-130, but again, I am not a lawyer and you seem to need reliable answers (i.e., you need to consult a lawyer).

    Yes, H1-B is dual-intent. I.e., you do not need to prove non-immigration intent for getting an H1-B stamp.


    I am not familiar about I-130 that much. If I-130 is similar to I-140, then it is okay to leave US while it is pending. However, if you file I-485, then you must have Advanced Parole before leaving US. Again, a question for a lawyer.

    Thank you for your response raysaikat! I really appreciate your time and patience. One more question. Will it be "ok" in the eyes of USCIS if I don't go back home after my education process is over but apply for H1B visa instead?





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  • Given a choice (with comparable role and growth) I will be more inclined to spend few years (~5) in Europe, post MBA.

    Was just trying to make sure if there was a easier way to maintain my GC, at the same time complete my studies in parallel.

    Per all your suggestions, there are ways to walk that tightrope, but its not very straight forward...Also I am not looking into deferring my studies for a year..

    Will go ahead with resignation...

    Thanks again for all sincere advise and wishes.

    Regards


    Good luck! All the best.





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  • Wow, I am really excited about all the support!

    I know that with the weather up north (yep, I am in the deep south) it may seem impossible to train/run/walk now, but you can run indoors on a treadmill, cross train on the elliptical machine and even use indoor running tracks. At my gym, I manage to do 8 mile training runs on the indoor track, guys that is 81 laps around this itty bitty track! :) Nutty? yes; but when you are motivated, you can find a way.

    The three national events we pick can be for later in the year, but each Team IV member can run local events (weather permitting) accross the country. The fundraising can be 3 events per Team IV member per year. That would be in keeping with the 3 national events we pick.

    My idea is for Team IV members to host a targetted fund raising campaign - which is divided into 3 events over the span of 1 year. I have a host of ideas to present on activities you can do and you only have to choose 3 of them for the year. We can get into these details after I run my ideas by the Coordinator Group.

    I am going to set up the Group this week, so those who have responded to me, look out for my e-mail from my yahoo account.

    Let me just say this much for now. I have run several long distance races over the past 10 years in the US and each and everytime that I have run for a cause, I found myself more motivated to train and I had more fun throughout the process.

    Another point I should have made earlier. America today is concerned about obesity and "which is the fatest or more obese state in the nation". We are constantly seeing news articles and polls about these topics. Let it be know that the legal immigrant community of IV promotes a healthy lifestyle by its Team IV campaign. Another positive spin-off for our community and IV.

    Thanks everyone for your support and ideas, I am going to start working with the Senior Members this week.





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  • Can you get AC 21 advantage if you just wait ( NOT WORK in case of a friendly past employer) after filing 485 ?

    Is it necessary to work for 180 days ?


    If working for 180 days is not required then, one can work for someone else on H1B & file 485 from the past employer. After 180 days of filing, one could use AC21 to move from one job to another.

    Can some one give expert advise ?


    Thanks





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  • I have similar situation - I applied for 140 in July 2006. My daughter will turn 21 in July 2007. As I have applied for 140 before she turns 21, she is safe for GC, but will loose H4 status when she turns 21. As per my lawyer's advice I have applied for her F1 so that she can stay and continue her studies in US. When I become eligible to apply for 485, she can be included in the application - but, not as a dependent of H1B holder.I urge you to ask for second opinion. From my understanding it depends how long your I-140 was pending.

    Here is a part of "The Child Status Protection Act � Memorandum Number 2" by
    Johnny N. Williams
    http://www.immigration.com/newsletter1/childprotac.pdf
    ------------------------
    Derivative Beneficiaries � Family and Employment-Based
    In addition to the direct beneficiary family-based preference category examples provided in the previous memorandum and above, section 3 of the CSPA also applies to derivative beneficiaries in both family-based and employment-based preference categories. Just as with the case of the Form I-130, with an adjustment based upon an approved Form I-140, Immigrant Petition for Alien Worker, [and other immigrant petitions filed under section 204 of the Act for classification under sections 203(a), (b), or (c) of the Act], the beneficiary�s age is to be calculated by first determining the age of the alien on the date that a visa number becomes available. The date that a visa number becomes available is the approval date of the immigrant petition if, according to the DOS Visa Bulletin, a visa number was already available for that preference category on that date of approval. If, upon approval of the immigrant petition, a visa number was not available, then the date for determining age is to be the first day of the month of the DOS Visa Bulletin which indicates availability of a visa for that preference category. From that age, subtract the number of days that the petition was pending, provided the beneficiary files a Form I-485,3 based on the subject petition, within one year of such visa availability. The �period that a petition is pending� for the Form I-140 is the date that the Form I-140 is properly filed (receipt date and not priority date) until the date an approval is issued on the petition.
    ----------------------------------------





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  • web site http://hammondlawgroup.blogspot.com/

    The House and Senate get back to Washington DC on Tuesday, December 5. This will be the final session for the Lame Duck period. Depending on how much progress they are making, the session could last for just a few days or continue for most of the month. Here are a few rumors that we at Hammond Law Group are hearing could happen during the Lame Duck.

    1. The AHA and others still are pushing for the SKIL Bill. Some have pegged our chances of getting a Lame Duck SKIL Bill at 50-50.

    2. Others tell us that some Congressmen are advocating a 12,000-15,000 visa allotment for Schedule A visas. This would be a band-aid measure designed to get us visas until a CIR-type bill could be passed in spring/summer 2007.

    3. Some GOP members do not want any appropriations measures � including the 12,000-15,000 band-aid or a more robust SKIL Bill � attached to any appropriations bill. In other words, they want to pass a Continuing Resolution (CR) and then they just want to go home. The CR effectively extends the funding for the Iraq War into the New Year and then lets the next Congress deal with it.





    My H1 B expires this December. My lawyer has filed for extension. Looks like I will get my extension approved only in Jan. He mentioned that I can work on a pending H1-B extension for 240 days. Is this true? Also can I get my DL renewed using the H1-B receipt notice? Gurus please advise.

    You may want to go to your DMV and inquire. You may want to switch to premium processing at the end of Nov. if at that time it is still not approved, if you have to drive to work.





    ^^^^

    gg10004 - Great news !!!

    Keeping fingures crossed



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