hoolahoous
07-14 09:30 PM
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
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ashkam
10-24 02:41 PM
Thank you. I don't think there's such a thing for I-140 probably because things are not as complex as they are for an I-485. They just check for a valid labor certification wherever necessary, experience letters and the company's ability to pay, that's it.
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myan88
03-30 11:08 AM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
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a_yaja
07-17 10:31 AM
To the best of my knowledge you can not file for AOS while you are on TN . To process your green card you have to switch to your H1B from TN and start your green card as any other national i.e file for your Labor certification, I-140 and then i-485 .This process is same like any other national. All the best.
You can file for AOS from any status. The only problem will be that you cannot renew your non-immigrant visa unless it is a dual intent visa like H1B, L or O.
Since you are a Canadian citizen, I am assuming that you don't actually have to get a H1 visa stamped on your passport (I may be wrong - check with your attorney). When you enter the US, you should be able to show all your documents for H1B approval (LCA application, approved petition, etc - I don't remember the entire list) and get an I-94 with H1B status and expiry date.
As far as AOS petition is concerned, I think it is considered adandoned unless you are on a valid H1 or L status. Since you are on TN status and you will be leaving the country on TN status, your application might be considered adandoned. You will have to talk to an attorney and find out if you can travel out of the country.
You can file for AOS from any status. The only problem will be that you cannot renew your non-immigrant visa unless it is a dual intent visa like H1B, L or O.
Since you are a Canadian citizen, I am assuming that you don't actually have to get a H1 visa stamped on your passport (I may be wrong - check with your attorney). When you enter the US, you should be able to show all your documents for H1B approval (LCA application, approved petition, etc - I don't remember the entire list) and get an I-94 with H1B status and expiry date.
As far as AOS petition is concerned, I think it is considered adandoned unless you are on a valid H1 or L status. Since you are on TN status and you will be leaving the country on TN status, your application might be considered adandoned. You will have to talk to an attorney and find out if you can travel out of the country.
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Kitiara
10-18 05:35 AM
When you use Fireworks to make your animation, try converting to a symbol and using a tween, as in Flash...
I don't know if these things are tweenable... Alright, look I've attached one of the animated gifs to this post, so you can see what I mean. I've got this one down to 20K, but I need to make it lower. I haven't got much knowledge of Fireworks (at least not on the animating side), - I've found the Convert To Symbol thing, but it doesn't seem to reduce the file size. Each frame was originally a .psd, which was then Saved For Web as a gif, opened into Fireworks, then pasted into the animation.
Any ideas, bright spark? :)
I don't know if these things are tweenable... Alright, look I've attached one of the animated gifs to this post, so you can see what I mean. I've got this one down to 20K, but I need to make it lower. I haven't got much knowledge of Fireworks (at least not on the animating side), - I've found the Convert To Symbol thing, but it doesn't seem to reduce the file size. Each frame was originally a .psd, which was then Saved For Web as a gif, opened into Fireworks, then pasted into the animation.
Any ideas, bright spark? :)
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sathyaraj
11-05 03:24 PM
Yes. It is very hard to pass especially for the ones who are looking to use AC21. This feels the longest 180 days of my life. It is good to see this thread so to hear some consolation that there are ppl with us.
Hope January comes soon!!
I am sure 2008 will be bright for most of us!!
Hope January comes soon!!
I am sure 2008 will be bright for most of us!!
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hazishak
08-01 11:16 AM
I know it is not the right place to put it. But I could not find any appropriate thread..............................:( :( :(
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jatinr
07-24 01:01 PM
As per EBFAQ release by USCIS dated July 23, the
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or
July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin
107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
As per Oh-Law Firm , it states the fees is 180 for EAD and 170 for AP if only filed concurrently.
Do you guys also have same understanding.
My company has filed by AOS and I am filing EAD/AP on my own, I am now confused that if I file me EAD/AP on August 15th , what fees I will have to pay - 180 or 340 for EAD , 170 or 305 for AP.
Can someone please verify.
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or
July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin
107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
As per Oh-Law Firm , it states the fees is 180 for EAD and 170 for AP if only filed concurrently.
Do you guys also have same understanding.
My company has filed by AOS and I am filing EAD/AP on my own, I am now confused that if I file me EAD/AP on August 15th , what fees I will have to pay - 180 or 340 for EAD , 170 or 305 for AP.
Can someone please verify.
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mrane1
10-26 03:39 AM
???like a week before?
My wifes date was sept 13, mine was 15th... I never received the original copy of FP.. Howevr my lawyer received it and she send a me copy. She told me the copy should be fine... when I went there on the 13th the security guy wouldnt allow me saying my date was sept 15th and that I didnt have original copy :rolleyes: I said my lawyer told me that a copy should be ok. He said your lawyer is not incharge of doing FP. :mad: I said I want to talk to an officer... There was an officer who was watching this... he told the guard to let me in... After that it was all smooth sailling... was done with my FP in about 15 mins... Received approval notice on 16th (Yes 3 days!!!) Had my gc on 18th!:D My wife who is the secondary got 2 LUDs on her 485 but no approval... I guess she is stuck in the name check... what is strange is that most ppl who have their approvals have their EADs and APs rejected! In my case however they send both last week... over a month after 485 approval :rolleyes:
My wifes date was sept 13, mine was 15th... I never received the original copy of FP.. Howevr my lawyer received it and she send a me copy. She told me the copy should be fine... when I went there on the 13th the security guy wouldnt allow me saying my date was sept 15th and that I didnt have original copy :rolleyes: I said my lawyer told me that a copy should be ok. He said your lawyer is not incharge of doing FP. :mad: I said I want to talk to an officer... There was an officer who was watching this... he told the guard to let me in... After that it was all smooth sailling... was done with my FP in about 15 mins... Received approval notice on 16th (Yes 3 days!!!) Had my gc on 18th!:D My wife who is the secondary got 2 LUDs on her 485 but no approval... I guess she is stuck in the name check... what is strange is that most ppl who have their approvals have their EADs and APs rejected! In my case however they send both last week... over a month after 485 approval :rolleyes:
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sodh
02-15 11:39 PM
This is refreshing for once nobody asked if the person asking question is a paying member.
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samrat_bhargava_vihari
02-08 09:06 AM
What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.
L1B is comany transfer, for L1B company need to have good revenue for sponsoring L1b and L1b holder must work on the it�s country for minimum of year. Now a days there is restrictions like only computer back ground people need to apply for L1 ( BE/B.Tech in CSE,EEE,ECE) on this because companies are misusing it for no annual cab.
Since it is company transfer H1B is not eligible for L1B ( you have to work in the company home country for 1 year to be eligible) but L1B is eligible for H1b. But many of the Indian companies are not sponsoring green cards for L1A and L1b of then do then they will also face retrogression.
L1B is comany transfer, for L1B company need to have good revenue for sponsoring L1b and L1b holder must work on the it�s country for minimum of year. Now a days there is restrictions like only computer back ground people need to apply for L1 ( BE/B.Tech in CSE,EEE,ECE) on this because companies are misusing it for no annual cab.
Since it is company transfer H1B is not eligible for L1B ( you have to work in the company home country for 1 year to be eligible) but L1B is eligible for H1b. But many of the Indian companies are not sponsoring green cards for L1A and L1b of then do then they will also face retrogression.
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saibaba
12-09 10:50 PM
thanq hankles
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angelfire76
06-09 01:53 PM
The attorney is right and no where has she specifically stated it as an "Indian only" issue. It just happens that lot of consultancies are owned by Indians and they could be her clients.
But she has at least brought visibility to the sudden enforcement tactics of the USCIS, which can only be termed as seeing everyone as a criminal, just because you found one or two in a bunch. In fact hearing about a lot of H1 extensions denied (even with approved 140) or given only for a very limited period of time, extensive RFEs etc. all I can say is that if they are unable to legislatively "purge" foreign workers due to business lobby, they sure are trying to do so administratively.
But she has at least brought visibility to the sudden enforcement tactics of the USCIS, which can only be termed as seeing everyone as a criminal, just because you found one or two in a bunch. In fact hearing about a lot of H1 extensions denied (even with approved 140) or given only for a very limited period of time, extensive RFEs etc. all I can say is that if they are unable to legislatively "purge" foreign workers due to business lobby, they sure are trying to do so administratively.
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F1_doubt
05-10 10:15 AM
Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?
In other words, I can never step back into the US?
In other words, I can never step back into the US?
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waitin_toolong
08-13 10:08 AM
I think you misunderstood a point made there. Though it is possible to extend renew H1 for employer if EAD was used some time, but that is like recapturing that status and means fulfilling the terms of H1, by giving up on part time job.
You cannot be on H1 and use EAD for second job at the same time.
You cannot be on H1 and use EAD for second job at the same time.
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harish357
03-15 12:26 AM
I believe that you need the actual diploma (you send a photocopy of it to USCIS) for getting counted in the M.S. quota. Most schools give the diploma once you have finished all requirements.
How come they cannot consider my EAD, Official transcripts, Graduate status letter?
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
How come they cannot consider my EAD, Official transcripts, Graduate status letter?
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
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thomachan72
05-18 02:27 PM
I am not saying everything is great or I read every line of what he post....but there are at some articles from "Yanks are Coming" related to health care passage, wall street..you get some useful info in them..i am not here to argue with anyone..i just posted my thought...
No, I was not arguing with you either. I suppor the idea that any person could post any article in this forum (except posts that are clearly countering/damaging our agenda). These certainly could be very useful for lot of people who are "actually wise" unlike those like me who want everything simplified. The articles to me were very detailed and "long" and I clearly lack the ability to read complicated material for long:o:o. That is what prevented me from reading them.
No, I was not arguing with you either. I suppor the idea that any person could post any article in this forum (except posts that are clearly countering/damaging our agenda). These certainly could be very useful for lot of people who are "actually wise" unlike those like me who want everything simplified. The articles to me were very detailed and "long" and I clearly lack the ability to read complicated material for long:o:o. That is what prevented me from reading them.
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jambapamba
07-17 06:50 AM
So it means that if I-140 petition is filed on my behalf, if I renew my non-immigrant visa, it would be denied?
Most cases yes, it will be rejected if the non-immigrant visa is not dual intent type unless the consular officer thinks otherwise.
H1 is of dual intent type non immigrant visa.
F1,tourist....are not.
Most cases yes, it will be rejected if the non-immigrant visa is not dual intent type unless the consular officer thinks otherwise.
H1 is of dual intent type non immigrant visa.
F1,tourist....are not.
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illinois_alum
03-06 09:42 AM
Online application usually warrants a fingerprinting , it's best to apply in paper if that needs to be avoided.
You may avoid fingerprinting (not so sure on that) by paper filing...but applying is a lot faster and easier. Moreover, even if she has to go for fingerprinting..shouldn't be a big deal...they have ASCs all around...
You may avoid fingerprinting (not so sure on that) by paper filing...but applying is a lot faster and easier. Moreover, even if she has to go for fingerprinting..shouldn't be a big deal...they have ASCs all around...
roseball
08-29 10:27 AM
thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
Your I-485 cannot be denied just because your GC sponsoring employer revoked your H1. In past, USCIS denied or issued NOID when the GC sponsoring employer revoked the approved I-140. Do you know if your employer is going to revoke your I-140 or has already done so.
In anycase, like someone else mentioned, you can file a AC21 letter now and take a copy of the letter along with a copy of the offer letter with you. Just go and enjoy your sister's wedding with family and friends.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
Your I-485 cannot be denied just because your GC sponsoring employer revoked your H1. In past, USCIS denied or issued NOID when the GC sponsoring employer revoked the approved I-140. Do you know if your employer is going to revoke your I-140 or has already done so.
In anycase, like someone else mentioned, you can file a AC21 letter now and take a copy of the letter along with a copy of the offer letter with you. Just go and enjoy your sister's wedding with family and friends.
kmk2002
01-09 10:38 PM
Thanks for the document.
But I think it does not cover 140 & 485 related expenses or contracts tied to these application.
Thats interesting...will this new law cover agreement signed before 2007?
Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
But I think it does not cover 140 & 485 related expenses or contracts tied to these application.
Thats interesting...will this new law cover agreement signed before 2007?
Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
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