logiclife
01-03 06:04 PM
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
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lrindy
09-19 12:21 PM
Relax guys. My online status still showing "Fingerprinting fee rejected and case is in suspense" despite having finger printing done at ASC a year back.
I cannot confirm or deny the following piece of gossip but...
A mistake has been made on the system for payments. Some bright spark for got to put a so called "where" statement into the billing system for USCIS after the pricing structure changes went into effect. I am told this is being dealt with, but some applicants may find incorrect fees on their accounts pop up. Each lawyer will have different way of dealing with this problem. If you are pre price increase and have a suspended case; this maybe the reason for it...
Good luck to you all. This is just a thought/gossip...
LRIndy.;)
I cannot confirm or deny the following piece of gossip but...
A mistake has been made on the system for payments. Some bright spark for got to put a so called "where" statement into the billing system for USCIS after the pricing structure changes went into effect. I am told this is being dealt with, but some applicants may find incorrect fees on their accounts pop up. Each lawyer will have different way of dealing with this problem. If you are pre price increase and have a suspended case; this maybe the reason for it...
Good luck to you all. This is just a thought/gossip...
LRIndy.;)
missourian
05-12 11:52 PM
Guys
I filed my EAD recently and here is what you should do,
Send the supporting documents to the address mentioned at the bottom of your receipt.
Documents I have sent,
1. Cover Letter
2. Receipt Notice for online EAD filing
3. your earlier EAD paper in which your EAD arrived ( if this is renewal)
4. Your 485 Receipt Notice
This should suffice.
P.S I have already done finger printing.
what to mention in the cover letter any template available?
I filed my EAD recently and here is what you should do,
Send the supporting documents to the address mentioned at the bottom of your receipt.
Documents I have sent,
1. Cover Letter
2. Receipt Notice for online EAD filing
3. your earlier EAD paper in which your EAD arrived ( if this is renewal)
4. Your 485 Receipt Notice
This should suffice.
P.S I have already done finger printing.
what to mention in the cover letter any template available?
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insbaby
12-10 10:57 AM
I knew that slowly the antis are gaining more and more strength as a result the noose is getting tighter and tighter around us (and will eventually reach our neck). I didn�t expect this fast:
Texas change in driver�s license laws in last 6 months:
1) We knew that instead of the usual 6 years expiry date, they now want to see proof of visa documents and the expiry date is set to the expiry of the visa document.
2) If visa document is expiring less than 6 months, then we CANNOT get a drivers license.
Driver�s license laws - Latest Changes:
1) The driver�s license that all non-citizens will get will be Vertical and NOT the usual horizontal. This license looks very different than the conventional Texas DL and it also has to ominous word �temporary visitor�. I was okay with word being mentioned, but making the drivers license look so different from normal (vertical and not horizontal is taking it too far). I am worried about possible discrimination everywhere wherein we show our IDs.
2) Chance of Address not possible online: Previously, its only during license renewal, you had to get that new unique non-citizen card. Now, they are not allowing even change of address online! The website says, we don�t qualify for change of address online as well. This means that even for change of address, we have to go to the DL office and surrender of our old good unexpired DLs.
Any inputs? Texans? Others? What have been your experiences? In other states, can you change your address online without any hassle?
http://www.txdps.state.tx.us/administration/driver_licensing_control/LawfulStatusDLID.htm
http://www.texasinsider.org/modules.php?name=News&file=print&sid=4907
Thanks,
Thescadaman
Come on dude. Texas is very slow.
Be happy, at least for the most they give license at least to the expiry of the Visa. This rule has been in many states for several years. In Tennessee, it was impelemented in 2004.
Texas change in driver�s license laws in last 6 months:
1) We knew that instead of the usual 6 years expiry date, they now want to see proof of visa documents and the expiry date is set to the expiry of the visa document.
2) If visa document is expiring less than 6 months, then we CANNOT get a drivers license.
Driver�s license laws - Latest Changes:
1) The driver�s license that all non-citizens will get will be Vertical and NOT the usual horizontal. This license looks very different than the conventional Texas DL and it also has to ominous word �temporary visitor�. I was okay with word being mentioned, but making the drivers license look so different from normal (vertical and not horizontal is taking it too far). I am worried about possible discrimination everywhere wherein we show our IDs.
2) Chance of Address not possible online: Previously, its only during license renewal, you had to get that new unique non-citizen card. Now, they are not allowing even change of address online! The website says, we don�t qualify for change of address online as well. This means that even for change of address, we have to go to the DL office and surrender of our old good unexpired DLs.
Any inputs? Texans? Others? What have been your experiences? In other states, can you change your address online without any hassle?
http://www.txdps.state.tx.us/administration/driver_licensing_control/LawfulStatusDLID.htm
http://www.texasinsider.org/modules.php?name=News&file=print&sid=4907
Thanks,
Thescadaman
Come on dude. Texas is very slow.
Be happy, at least for the most they give license at least to the expiry of the Visa. This rule has been in many states for several years. In Tennessee, it was impelemented in 2004.
more...
forgerator
05-27 06:26 PM
Good joke :)
I totally agree. Good joke indeed.
Agreed that they are humans. Disagree that they are doing their best. I have worked in a government agency part-time on OPT here in the US, and let's just say, more than half the time is spent away from desk, and outside buildings for smoke/coffee breaks. IT Projects that should not take more than a month or two to finish, linger on for years.
I totally agree. Good joke indeed.
Agreed that they are humans. Disagree that they are doing their best. I have worked in a government agency part-time on OPT here in the US, and let's just say, more than half the time is spent away from desk, and outside buildings for smoke/coffee breaks. IT Projects that should not take more than a month or two to finish, linger on for years.
kumar1
09-19 02:26 PM
When I look at my PD, I feel I am going to have some US citizen grand sons/daughters too. Anti-immigration groups call this "Anchor Child".
more...
topgun_gc
07-11 02:25 PM
Dependents don't need SS# to file. Only primary applicant is required to have SSN.
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visves
01-26 10:25 AM
I think the contributions are only from those who visit this forum regularly on a day to day basis. I think there are just many people who might have just registered to get some updates but don't necessarily visit this or any other forum regularly.
A lot of people I know get their updates from the web site of one of the law firms, but don't necessarily participate in this or any other forum. Otherwise, they just carry on with their lives hoping some law will pass some day.
Some of those to whom I have talked about contributing to IV have politely said they will take a look at it. Otherwise, I feel they have just been institutionalized in their current setup and lives. I don't think the message has really reached them that there is a need to participate and contribute in a organization like IV and try and make a difference.
A lot of people I know get their updates from the web site of one of the law firms, but don't necessarily participate in this or any other forum. Otherwise, they just carry on with their lives hoping some law will pass some day.
Some of those to whom I have talked about contributing to IV have politely said they will take a look at it. Otherwise, I feel they have just been institutionalized in their current setup and lives. I don't think the message has really reached them that there is a need to participate and contribute in a organization like IV and try and make a difference.
more...
chanduv23
07-19 01:49 PM
Digg
http://digg.com/world_news/Skilled_Workers_May_See_Green_Card_Surge
http://digg.com/world_news/Skilled_Workers_May_See_Green_Card_Surge
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sundarpn
07-10 10:35 AM
How do we know if you have 40 credits?
Where do we check or compute this?
Where do we check or compute this?
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saketkapur
07-14 11:43 AM
PM me........
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GCard_Dream
05-05 08:18 PM
This may be affecting a lot of IV members so I thought I bring it up and share the pain with everyone. Some universities in US, like Arizona State University, consider the folks on H1-B or L-1 or EAD non-resident for tuition purposes and charge much higher tuition fee despite the fact that you pay all your taxes, have permanent home in the state, and have been living in the state for years. As far the State is considered, you are a resident but the university chooses not to accept that definition and purposely define you non-resident so that you could be charged much higher tuition fee.
If you are an international student, came to whatever state to study only, have never lived in that state before, and have never paid a dime in taxes in that state then it makes sense to classify you as a non-resident but it doesn’t make any sense to call you non-resident if you have been paying your taxes, made the state your permanent home, and have been living there for years.
Have any of you been in similar situation? If so, did you do anything to address the issue other than just paying the damn high fee? Does this discriminatory university policy violate any federal law?
Any suggestion and discussion would be very much appreciated.
If you are an international student, came to whatever state to study only, have never lived in that state before, and have never paid a dime in taxes in that state then it makes sense to classify you as a non-resident but it doesn’t make any sense to call you non-resident if you have been paying your taxes, made the state your permanent home, and have been living there for years.
Have any of you been in similar situation? If so, did you do anything to address the issue other than just paying the damn high fee? Does this discriminatory university policy violate any federal law?
Any suggestion and discussion would be very much appreciated.
more...
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sbabunle
01-26 06:45 PM
Anirudh
Its sad situation, people are walking away or feeling bad becaus
of IVs decision about I485 filing. Couple of core members already
file 485 and still they support it. Even I filed my I485 2 years ago.
There are 2 things here.
1) Think about people who file their labors 3 or 4 years ago and got I140 approved or in the filing process. If a lay off or something happens they will lose everything. All these years wait, frustration everything... whereas if you have file I485 you have a chance to shift jobs. Their only chance is to file I485.
2) 485 filed people think they will be affected. Thats why they are opposing it. But the point is that since the whole thing is going based on priority date,
it doesn't matter much. With present situations if a person has a PD older than you, he/she will get GC before you for sure (90%). Even if his /hers LC is still pending.( Because PD will move very slow. For EB3 to advance an year it would take 2 years. By the time all the old LCs will be cleared.) I dont see anything to be concerned here. Because we all are fucked up so badly :) :) :) :). Take a deep breath and think about it. The only way out is to collect a ton of money and lobby very hard.
So I request you to work actively, induct more members, contribute
more money to our cause. We will win soon man!!!!!
I made a one time contribution myself but I have a feeling that IV is going away from the goal of increasing EB visas and just focusing on the 485 filing.Many people that have contributed earlier feel that by prioritizing the 485 filing over increase of EB visas, IV has gone away from atleast some of stakeholders .The stakeholders were promised initially that increase of EB visas would be a top priority or atleast on a even keel with any other objectives, but now we are in phased approach.I have talked to lot of people and the feeling is same.
Its sad situation, people are walking away or feeling bad becaus
of IVs decision about I485 filing. Couple of core members already
file 485 and still they support it. Even I filed my I485 2 years ago.
There are 2 things here.
1) Think about people who file their labors 3 or 4 years ago and got I140 approved or in the filing process. If a lay off or something happens they will lose everything. All these years wait, frustration everything... whereas if you have file I485 you have a chance to shift jobs. Their only chance is to file I485.
2) 485 filed people think they will be affected. Thats why they are opposing it. But the point is that since the whole thing is going based on priority date,
it doesn't matter much. With present situations if a person has a PD older than you, he/she will get GC before you for sure (90%). Even if his /hers LC is still pending.( Because PD will move very slow. For EB3 to advance an year it would take 2 years. By the time all the old LCs will be cleared.) I dont see anything to be concerned here. Because we all are fucked up so badly :) :) :) :). Take a deep breath and think about it. The only way out is to collect a ton of money and lobby very hard.
So I request you to work actively, induct more members, contribute
more money to our cause. We will win soon man!!!!!
I made a one time contribution myself but I have a feeling that IV is going away from the goal of increasing EB visas and just focusing on the 485 filing.Many people that have contributed earlier feel that by prioritizing the 485 filing over increase of EB visas, IV has gone away from atleast some of stakeholders .The stakeholders were promised initially that increase of EB visas would be a top priority or atleast on a even keel with any other objectives, but now we are in phased approach.I have talked to lot of people and the feeling is same.
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wandmaker
11-19 01:30 PM
It takes about 2 weeks get the RFE. It contains 2+ pages, first page is cover letter and second page+ will contain RFE details. NSC is know to issuing RFE on ability to pay, education (if 3 years degree) and detailed professional experience letters.
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eeezzz
12-20 04:29 PM
28.6% Each for EB-1, 2, 3
Divide this 28.6% into 4 quarters/12 months so each quater/month has some quota.
If divide into 4, each category has 7.15% quota in each quarter.
There's limitation for each country.
Each quarter, when a country hits the limitation, cut-off date shows up to make sure no more applicant processed for that country.
Back to the old time, unused quota after 4th quarter are going to trash can, despite there's cut-off date for certain country or certain category.
In 4th quarter of 2007, according to USCIS, To not waste the quota, they set every category current. In this case, they process your application randomly or according to the receive date to USCIS regardless your EB category or country.
So very likely unused EB-1 quota go to EB-2 ROW, not China/India/... if the country limit is hit. If the country limit is not hit, EB-1 quota is for EB-1 until EB-1 for every country is current. There's no EB-1 ROW quota or EB-1 India quota.
Hopefully, at the 4th quarter, they will push a big forward again(but please don't do current in every category again, that is a mess) to ensure the quota for the year is fully used and not going to trashcan. And that opportunity is even to everyone if they pick up the case with in the cut off date randomly regardless receiving date and country. Or they process it according to receiving date, FIFO, country not matters.
If they think it was a mess for 2007 and not going to do it again. they might go back to old way and those unused quota are just gone to trashcan. This is the part we should work on and try to avoid.
Divide this 28.6% into 4 quarters/12 months so each quater/month has some quota.
If divide into 4, each category has 7.15% quota in each quarter.
There's limitation for each country.
Each quarter, when a country hits the limitation, cut-off date shows up to make sure no more applicant processed for that country.
Back to the old time, unused quota after 4th quarter are going to trash can, despite there's cut-off date for certain country or certain category.
In 4th quarter of 2007, according to USCIS, To not waste the quota, they set every category current. In this case, they process your application randomly or according to the receive date to USCIS regardless your EB category or country.
So very likely unused EB-1 quota go to EB-2 ROW, not China/India/... if the country limit is hit. If the country limit is not hit, EB-1 quota is for EB-1 until EB-1 for every country is current. There's no EB-1 ROW quota or EB-1 India quota.
Hopefully, at the 4th quarter, they will push a big forward again(but please don't do current in every category again, that is a mess) to ensure the quota for the year is fully used and not going to trashcan. And that opportunity is even to everyone if they pick up the case with in the cut off date randomly regardless receiving date and country. Or they process it according to receiving date, FIFO, country not matters.
If they think it was a mess for 2007 and not going to do it again. they might go back to old way and those unused quota are just gone to trashcan. This is the part we should work on and try to avoid.
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pd052009
05-10 11:47 AM
Wondering whether the people who are affected by 221g have gathered to fix this issue? I hope many H1B holders will be ready to join.
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bijualex29
06-22 02:18 PM
There are lots and lots of application is rejected based on USCIS error. Stating that correct fee is not issue and I-485 Receipt is not attached.
Here is the I-765 Instruction states. As per I-765 Instruction page 5 section 7 (A): Adjustment of Applicant C(9):- Form I765 with a copy of I-485 receipt notice or other evidence the form I-485 is pending.
If you attach any evidence stating that I-485 is pending, they should not reject the application. The USCIS is confused with the date Before July 30 and after July 30, one required fees and other does not require fees. Some clerk is looking at the Notice date instead of receiving date and rejecting the application. This is a lack of clerical training issues.
We should address this to USCIS or American immigration association.
Here is the I-765 Instruction states. As per I-765 Instruction page 5 section 7 (A): Adjustment of Applicant C(9):- Form I765 with a copy of I-485 receipt notice or other evidence the form I-485 is pending.
If you attach any evidence stating that I-485 is pending, they should not reject the application. The USCIS is confused with the date Before July 30 and after July 30, one required fees and other does not require fees. Some clerk is looking at the Notice date instead of receiving date and rejecting the application. This is a lack of clerical training issues.
We should address this to USCIS or American immigration association.
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bbenhill
05-22 02:51 PM
Don't worry so much.... just get someone who you love and marry that person :) sometimes your situation can get better than now .. it happened with me too .. and also you can have someone who can share ur feeling with :cool:
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psgprasad
03-21 05:56 PM
Dear folks,
I am from lansing MI. I have volunteered to meet the law makers for the STRIVE bill.
I would certainly appreciate, if more of us can join this effort.
if you would like to join or have already volunteered for the state of MI. Please email me with your name and contact details at
psgprasad@gmail.com.
Thanks
Gajendra Prasad PS
I am from lansing MI. I have volunteered to meet the law makers for the STRIVE bill.
I would certainly appreciate, if more of us can join this effort.
if you would like to join or have already volunteered for the state of MI. Please email me with your name and contact details at
psgprasad@gmail.com.
Thanks
Gajendra Prasad PS
Macaca
01-25 10:47 AM
Hi Macaca:
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I went for consular approval last year. At that time I had applied for LC. The form had the question Have you ever filed an immigrant visa petion, or has an immigrant visa petiion was ever filed on your behalf? My attorney told me to say No.
USCIS has F1 file. Why did they not reject I-140?
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I went for consular approval last year. At that time I had applied for LC. The form had the question Have you ever filed an immigrant visa petion, or has an immigrant visa petiion was ever filed on your behalf? My attorney told me to say No.
USCIS has F1 file. Why did they not reject I-140?
Jerrome
03-24 01:39 PM
i have come across a website http://www.corp-corp.com/. It looks like it has lots of openings(esp for contract positions)
Please understand that i am not a owner,operator or promoter of this website. So don't blame me if this is not good.
If i am not supposed to provide any website links here, please delete this posting.
Please understand that i am not a owner,operator or promoter of this website. So don't blame me if this is not good.
If i am not supposed to provide any website links here, please delete this posting.
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