fromnaija
12-12 02:20 PM
What if i leave it just like that?
That, my dear friend, is courting disaster at a later date and would be very unwise.
That, my dear friend, is courting disaster at a later date and would be very unwise.
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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.
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.
sivakumar
01-08 04:41 PM
not true. You can be approved only if your PD is current.
PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).
You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.
PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).
You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.
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optimystic
04-22 03:38 PM
As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
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lost_in_gc_land
01-24 01:46 PM
Hi
Am in the same situation, 221(g) yellow form Mumbai since mid-November. Still in India awaiting further indication from the consulate. Have had lawyers call DOS, have called the consulate a few times but the response is standard - awaiting feedback from Washington, no way to expedite.
Sucks...sorry you have to go through this too. Feel free to pm me if you like
Am in the same situation, 221(g) yellow form Mumbai since mid-November. Still in India awaiting further indication from the consulate. Have had lawyers call DOS, have called the consulate a few times but the response is standard - awaiting feedback from Washington, no way to expedite.
Sucks...sorry you have to go through this too. Feel free to pm me if you like
ski_dude12
09-24 06:44 AM
What was the reason for rejection (both times).
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allen_1974
01-21 11:23 AM
I think you have maintained a legal status thru the transfer from A to B. So in my view your are fine even though there is a gap in terms of Pay stub for some days. But your status is legal.
So dont worry.
:)
So dont worry.
:)
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gcdreamer05
01-17 12:27 PM
great glad to know your problem was solved.
Hey man thanks for coming back and positing the solution and that useful info for others.:)
Hey man thanks for coming back and positing the solution and that useful info for others.:)
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GoneSouth
04-17 06:42 PM
This is effectively a non-compete clause. Enforcement of non-compete clauses varies by state, but most states include "broadness" as a criteria in deciding if a particular non-compete clause is enforceable or not. (e.g., read this article about ohio (http://tinyurl.com/2oysd8) or this article about colorado (http://tinyurl.com/2q6hcd) ... your state may vary) The restriction of "can't work for any IT business anywhere in the US" is indeed extremely broad.
Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.
This is just a guess though. Check with a lawyer.
- GS
Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.
This is just a guess though. Check with a lawyer.
- GS
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krishna.ahd
02-05 01:34 PM
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
Usually there is shortage of medical professional in PA especially OBG, Ortho etc, due to high mal practice insurance, so they all looking for interns and willing to do H1b and GC
Usually there is shortage of medical professional in PA especially OBG, Ortho etc, due to high mal practice insurance, so they all looking for interns and willing to do H1b and GC
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BharatPremi
11-01 02:40 PM
When I filed my 485, I gave My company address in all the applications. My company is in Washington State.
But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).
Also I move within california after filing 485.
Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.
That is what my company recomended me.
I got my EAD and all other receipts to the company address.
Waiting for AP and FP mails.
I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.
Hope this helps you.
What you did is perfectly o.k as you are inviting your documents at your employer's address. With this employer you have a work history. But in case of giving your friend's address or relative's address as your address for USCIS documents purpose may create a problem if in future if you do not mention that address as your past residence address in the "Address History" which generally require for any back ground checks.
But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).
Also I move within california after filing 485.
Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.
That is what my company recomended me.
I got my EAD and all other receipts to the company address.
Waiting for AP and FP mails.
I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.
Hope this helps you.
What you did is perfectly o.k as you are inviting your documents at your employer's address. With this employer you have a work history. But in case of giving your friend's address or relative's address as your address for USCIS documents purpose may create a problem if in future if you do not mention that address as your past residence address in the "Address History" which generally require for any back ground checks.
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Berkeleybee
02-05 02:30 PM
All,
Just wanted to say, if you think everything is going to be fine cos PACE has 30 democrat and 30 republican supporters, think again. The right wing has already mobilized its talking heads, look for more stories that discredit the basic premises of PACE and the American Competitiveness Initiative.
This from David Brooks, Op Ed columnist at the NYT, on Feb 2, 2006.
Copyright 2006 The New York Times Company
The New York Times
February 2, 2006 Thursday
Late Edition - Final
HEADLINE: The Nation of the Future
BYLINE: By DAVID BROOKS
BODY:
Everywhere I go people tell me China and India are going to blow by us in the coming decades. They've got the hunger. They've got the people. They've got the future. We're a tired old power, destined to fade back to the second tier of nations, like Britain did in the 20th century.
This sentiment is everywhere -- except in the evidence. The facts and figures tell a different story.
Has the United States lost its vitality? No. Americans remain the hardest working people on the face of the earth and the most productive. As William W. Lewis, the founding director of the McKinsey Global Institute, wrote, ''The United States is the productivity leader in virtually every industry.'' And productivity rates are surging faster now than they did even in the 1990's.
Has the United States stopped investing in the future? No. The U.S. accounts for roughly 40 percent of the world's R. & D. spending. More money was invested in research and development in this country than in the other G-7 nations combined.
Is the United States becoming a less important player in the world economy? Not yet. In 1971, the U.S. economy accounted for 30.52 percent of the world's G.D.P. Since then, we've seen the rise of Japan, China, India and the Asian tigers. The U.S. now accounts for 30.74 percent of world G.D.P., a slightly higher figure.
What about the shortage of scientists and engineers? Vastly overblown. According to Duke School of Engineering researchers, the U.S. produces more engineers per capita than China or India. According to The Wall Street Journal, firms with engineering openings find themselves flooded with resumes. Unemployment rates for scientists and engineers are no lower than for other professions, and in some specialties, such as electrical engineering, they are notably higher.
Michael Teitelbaum of the Alfred P. Sloan Foundation told The Wall Street Journal last November, ''No one I know who has looked at the data with an open mind has been able to find any sign of a current shortage.'' The G.A.O., the RAND Corporation and many other researchers have picked apart the quickie studies that warn of a science and engineering gap. ''We did not find evidence that such shortages have existed at least since 1990, nor that they are on the horizon,'' the RAND report concluded.
What about America's lamentable education system? Well, it's true we do a mediocre job of educating people from age 0 to 18, even though we spend by far more per pupil than any other nation on earth. But we do an outstanding job of training people from ages 18 to 65.
At least 22 out of the top 30 universities in the world are American. More foreign students come to American universities now than before 9/11.
More important, the American workplace is so competitive, companies are compelled to promote lifelong learning. A U.N. report this year ranked the U.S. third in the world in ease of doing business, after New Zealand and Singapore. The U.S. has the second most competitive economy on earth, after Finland, according the latest Global Competitiveness Report. As Michael Porter of Harvard told The National Journal, ''The U.S. is second to none in terms of innovation and an innovative environment.''
What about partisan gridlock and our dysfunctional political system? Well, entitlement debt remains the biggest threat to the country's well-being, but in one area vital to the country's future posterity, we have reached a beneficent consensus. American liberals have given up on industrial policy, and American conservatives now embrace an aggressive federal role for basic research.
Ford and G.M. totter and almost nobody suggests using public money to prop them up. On the other hand, President Bush, reputed to be hostile to science, has increased the federal scientific research budget by 50 percent since taking office, to $137 billion annually. Senators Lamar Alexander and Jeff Bingaman have proposed excellent legislation that would double the R. & D. tax credit and create a Darpa-style lab in the Department of Energy, devoting $9 billion for scientific research and education. That bill has 60 co-sponsors, 30 Democrats and 30 Republicans.
Recent polling suggests that people in Afghanistan and Iraq are more optimistic about their nations' futures than people in the United States. That's just crazy, even given our problems with health care, growing inequality and such. America's problem over the next 50 years will not be wrestling with decline. It will be helping the frustrated individuals and nations left so far behind.
Just wanted to say, if you think everything is going to be fine cos PACE has 30 democrat and 30 republican supporters, think again. The right wing has already mobilized its talking heads, look for more stories that discredit the basic premises of PACE and the American Competitiveness Initiative.
This from David Brooks, Op Ed columnist at the NYT, on Feb 2, 2006.
Copyright 2006 The New York Times Company
The New York Times
February 2, 2006 Thursday
Late Edition - Final
HEADLINE: The Nation of the Future
BYLINE: By DAVID BROOKS
BODY:
Everywhere I go people tell me China and India are going to blow by us in the coming decades. They've got the hunger. They've got the people. They've got the future. We're a tired old power, destined to fade back to the second tier of nations, like Britain did in the 20th century.
This sentiment is everywhere -- except in the evidence. The facts and figures tell a different story.
Has the United States lost its vitality? No. Americans remain the hardest working people on the face of the earth and the most productive. As William W. Lewis, the founding director of the McKinsey Global Institute, wrote, ''The United States is the productivity leader in virtually every industry.'' And productivity rates are surging faster now than they did even in the 1990's.
Has the United States stopped investing in the future? No. The U.S. accounts for roughly 40 percent of the world's R. & D. spending. More money was invested in research and development in this country than in the other G-7 nations combined.
Is the United States becoming a less important player in the world economy? Not yet. In 1971, the U.S. economy accounted for 30.52 percent of the world's G.D.P. Since then, we've seen the rise of Japan, China, India and the Asian tigers. The U.S. now accounts for 30.74 percent of world G.D.P., a slightly higher figure.
What about the shortage of scientists and engineers? Vastly overblown. According to Duke School of Engineering researchers, the U.S. produces more engineers per capita than China or India. According to The Wall Street Journal, firms with engineering openings find themselves flooded with resumes. Unemployment rates for scientists and engineers are no lower than for other professions, and in some specialties, such as electrical engineering, they are notably higher.
Michael Teitelbaum of the Alfred P. Sloan Foundation told The Wall Street Journal last November, ''No one I know who has looked at the data with an open mind has been able to find any sign of a current shortage.'' The G.A.O., the RAND Corporation and many other researchers have picked apart the quickie studies that warn of a science and engineering gap. ''We did not find evidence that such shortages have existed at least since 1990, nor that they are on the horizon,'' the RAND report concluded.
What about America's lamentable education system? Well, it's true we do a mediocre job of educating people from age 0 to 18, even though we spend by far more per pupil than any other nation on earth. But we do an outstanding job of training people from ages 18 to 65.
At least 22 out of the top 30 universities in the world are American. More foreign students come to American universities now than before 9/11.
More important, the American workplace is so competitive, companies are compelled to promote lifelong learning. A U.N. report this year ranked the U.S. third in the world in ease of doing business, after New Zealand and Singapore. The U.S. has the second most competitive economy on earth, after Finland, according the latest Global Competitiveness Report. As Michael Porter of Harvard told The National Journal, ''The U.S. is second to none in terms of innovation and an innovative environment.''
What about partisan gridlock and our dysfunctional political system? Well, entitlement debt remains the biggest threat to the country's well-being, but in one area vital to the country's future posterity, we have reached a beneficent consensus. American liberals have given up on industrial policy, and American conservatives now embrace an aggressive federal role for basic research.
Ford and G.M. totter and almost nobody suggests using public money to prop them up. On the other hand, President Bush, reputed to be hostile to science, has increased the federal scientific research budget by 50 percent since taking office, to $137 billion annually. Senators Lamar Alexander and Jeff Bingaman have proposed excellent legislation that would double the R. & D. tax credit and create a Darpa-style lab in the Department of Energy, devoting $9 billion for scientific research and education. That bill has 60 co-sponsors, 30 Democrats and 30 Republicans.
Recent polling suggests that people in Afghanistan and Iraq are more optimistic about their nations' futures than people in the United States. That's just crazy, even given our problems with health care, growing inequality and such. America's problem over the next 50 years will not be wrestling with decline. It will be helping the frustrated individuals and nations left so far behind.
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pd_recapturing
05-22 08:37 PM
In my case, I have my EB3 labor and I140 approved with PD as May 2004. I have already started a new PERM EB2 from same company in order to port PD. I have not reached to the stage where I can apply I140 (under EB2) to actually start porting PD. With the new rule of "21st May 2007", I am not sure how would my case be treated? Can somebody shed some light on this?
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jasmin45
07-31 06:44 PM
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
I think, Receipt of the EAD application will come to you.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
I think, Receipt of the EAD application will come to you.
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rampaadh@hotmail.com
05-18 08:08 PM
can you please give me the link? I searched Murthy's site, but could not find the link.
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
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gckidhamal
11-19 02:50 PM
http://www.aila.org/content/default.aspx?docid=6727
http://www.durrani.com/newsite/news_items/nactive_disp.asp?ID=4183
http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/
http://www.durrani.com/newsite/news_items/nactive_disp.asp?ID=4183
http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/
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indianabacklog
07-31 12:28 PM
This is insane and scary at the same time. So, the child will have to depart the US at that time as he will no longer be able to get any valid non-immigrant visa (except probably an H1). As immigration intent has been expressed such a child will not be able to get F-1 visa. I would have to research this further as the prospect of my child having to depart the US after the rest of the family gets a GC is just too much for me to bear at this time! I'll pose the question to my lawyer and hear her opinion.
You can convert from an H4 to an F1. The definition of the F1 is not as strict as you might imagine, hope you do not come to this though.
You can convert from an H4 to an F1. The definition of the F1 is not as strict as you might imagine, hope you do not come to this though.
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01-14 09:26 PM
i used hopeforhaiti.com, they use paypal.
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pappu
05-05 12:02 PM
Thank you
markelli
02-26 11:34 PM
Anysia,
Hi! Do you think this rule will apply if you were to apply for H1-B extension? I'm a PT too and my H1 will expire in October. My I-140 petition was filed last December and was approved this February. So I was wondering if USCIS uses the same standard for H1-B and I-140s. Which service center did you apply to? I'm really scared of what's happening. I hope that you get thru this....
Hi! Do you think this rule will apply if you were to apply for H1-B extension? I'm a PT too and my H1 will expire in October. My I-140 petition was filed last December and was approved this February. So I was wondering if USCIS uses the same standard for H1-B and I-140s. Which service center did you apply to? I'm really scared of what's happening. I hope that you get thru this....
TheCanadian
01-02 02:24 AM
That's goofy, I wonder why.
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