validIV
03-24 12:51 PM
Technically if you lose employment in H-1 you are out of status, although there is an informal grace period that everyone here interprets differently.
How long have you been unemployed?
How long have you been unemployed?
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pappu
05-27 02:52 PM
sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.
Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.
From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.
Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.
From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.
vinabath
07-02 03:10 PM
USCIS made my lazy paralegal work overtime for 2 weeks.
USCIS used the famous 'SHOCK and AWE' stratefy on us.
USCIS used the famous 'SHOCK and AWE' stratefy on us.
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eb3India
04-09 01:02 PM
He always does address illegals, remember we are taking piggy back ride ;) with illegals, itz 12 milllion/pound gorila if you tackle them it means it tackles legals,
guys once again, just understand the ground reality, illegals and legals are in same boat there will not be any bill addressing just legal issue or illegal issue, comprehesive reform is the only chance we got, which addresses both issue
guys once again, just understand the ground reality, illegals and legals are in same boat there will not be any bill addressing just legal issue or illegal issue, comprehesive reform is the only chance we got, which addresses both issue
more...
viva
11-02 08:22 PM
Yes, Arjun is now chargin $75 an hour as he is moved into a bigger office. I have used him too. Did not actually retain him, but he offers clear and concise advice without trying to paint a rosy picture of the situation and trying to set you up for more consultation services.
shana04
08-13 06:13 PM
Just read a post on a different thread where a 2006 NSC case was cleared without NC
Friends,
Even I am stuck with Name Check and what is the approach to clear name check.
Any help / suggestions, please advice.
thanks in advance.
Shana
Friends,
Even I am stuck with Name Check and what is the approach to clear name check.
Any help / suggestions, please advice.
thanks in advance.
Shana
more...
add78
03-19 01:33 PM
Hello Everyone;
I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;
When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.
So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.
I understand your frustration, however, legally you do not have a case against the Closing Company. If they had sent it to a completely different address, it was another story. Since your driver's license showed your old address, the court will not find them at fault. Check your contract to see if there is any provision that states the mailing method of such important documents. Usually it should require signature upon delivery if not return receipt, but if nothing is mentioned in the contract, unfortunately you do not have a case.
I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;
When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.
So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.
I understand your frustration, however, legally you do not have a case against the Closing Company. If they had sent it to a completely different address, it was another story. Since your driver's license showed your old address, the court will not find them at fault. Check your contract to see if there is any provision that states the mailing method of such important documents. Usually it should require signature upon delivery if not return receipt, but if nothing is mentioned in the contract, unfortunately you do not have a case.
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kbsyed61
08-21 10:01 AM
I'm waiting as well.
Center: NSC
PD Nov 2004,
I-140 approved Sep 2007.
RD July 2, 2007.
ND Aug4, 2007
Center: NSC
PD Nov 2004,
I-140 approved Sep 2007.
RD July 2, 2007.
ND Aug4, 2007
more...
gc28262
07-15 05:43 PM
This memo was discussed extensively on this forum in the past and many lawyers have given their opinion.
Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.
Here is the memo
http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF
Here is what Ron Gotcher said:
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
Here is another link:
http://immigrationvoice.org/forum/506251-post13.html
Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.
Here is the memo
http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF
Here is what Ron Gotcher said:
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
Here is another link:
http://immigrationvoice.org/forum/506251-post13.html
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walking_dude
11-13 10:26 AM
Congrats Texas on reaching 100. Hope you guys reach 1000 soon.
more...
GCnightmare
08-28 05:33 AM
I have an apporved I/140 and RD of I/485 in May 2007 under EB3. The PD is april 01 which is unavailable per current VB. My H1 is expiring in Jan 08 (9th yr extn.) Should I get my H1 extended and also can I do it myself? Kindly advise if I go for premium processing for H1 extn., can I get it extended for 3 yrs? Any related link for extn. be appreciated. Thanks
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glus
02-16 08:56 AM
hello,
I had a very similar situation when i applied for a load a year ago. The loan officer was puzzled with my immigration status. He initially pre-approved the load and then he called and said that the bank can't approved due to my immigration status. However, the deny letter did not say that and said that the reason for denial was a completely different one. I spoke to a lawyer regarding this and he said that as long as I don't have immigration status / or origin of mine as the reason of denial in writing, I don't have a case. And, he said, immigration status can be taken into consideration when applying for a loan. As such, I re-aplied in a different bank and had no issues whatsoever.
I had a very similar situation when i applied for a load a year ago. The loan officer was puzzled with my immigration status. He initially pre-approved the load and then he called and said that the bank can't approved due to my immigration status. However, the deny letter did not say that and said that the reason for denial was a completely different one. I spoke to a lawyer regarding this and he said that as long as I don't have immigration status / or origin of mine as the reason of denial in writing, I don't have a case. And, he said, immigration status can be taken into consideration when applying for a loan. As such, I re-aplied in a different bank and had no issues whatsoever.
more...
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apahilaj
09-12 03:28 PM
Does anyone know what time it may take for FP notices to arrive for guys whose cases were Xfered to CSC?
BTW, does that make any difference if the 485 case has been transferred from another center to TSC? majority of guys who've got the FP notice are straight filters at TSC.
BTW, does that make any difference if the 485 case has been transferred from another center to TSC? majority of guys who've got the FP notice are straight filters at TSC.
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ak_2006
04-30 05:16 PM
http://www.americasvoiceonline.org/blog/entry/liveblogging_today_starting_at_2pm_est_senate_hear ing_on_immigration_reform/
more...
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itsmesabby
10-12 04:27 PM
You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.
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geesee_99
12-14 11:19 AM
No, My own PERM. My Own RIR too
more...
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teky
11-12 05:30 PM
Give atleast 1-2 months for booking the appointment. It was a harrowing experience getting an appointment to the point where my fingers were aching. Also add in time for the Canada visa. We went to Canada consulate in DC for the Visa.
Regards,
Teky.
Regards,
Teky.
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PD_Dec2002
06-24 12:28 PM
I agree with you.
We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You�re Thoughts please?
I have no knowledge on this subject so I can't help you out here. As Ramba also said, seek legal help. Also, if getting married is important to you, your partner, and you are sure about your relationship, and if you guys are getting it done in India anyways, why not get a court marriage here ASAP before filing for your I-485.
From a GC perspective, it "might" be better to have one I-485 application with spouse as the beneficiary rather than pursuing two I-485s independently.
Good luck.
Thanks,
Jayant
We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You�re Thoughts please?
I have no knowledge on this subject so I can't help you out here. As Ramba also said, seek legal help. Also, if getting married is important to you, your partner, and you are sure about your relationship, and if you guys are getting it done in India anyways, why not get a court marriage here ASAP before filing for your I-485.
From a GC perspective, it "might" be better to have one I-485 application with spouse as the beneficiary rather than pursuing two I-485s independently.
Good luck.
Thanks,
Jayant
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at0474
12-14 02:03 PM
Sorry to say this is gone case. Try exploring the option of filing another I-140with the other approved labor you have. Also, make sure that labor has provisions to make your new I-140 approvable. Otherwise, you will be hitting against the wall twice!!
cooler
08-27 01:32 PM
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
As mentioned in your other post. This should have no bearing on your status.
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
Please respond.
As mentioned in your other post. This should have no bearing on your status.
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
chanduv23
09-14 11:46 AM
IF YOU STILL NOT ABLE TO DECIDE FOR NO REASON -
DEAR FRIENDS - LYING LOW AND HOPING FOR SITUATIONS TO IMPROVE HAVE NEVER WORKED.
POLICIES CHANGES CAN HAPPEN ONLY IF YOU WANT TO MAKE THEM HAPPEN
REMEMBER - WE ARE ALL HERE WORKING HARD AND CONTRIBUTING TO THE COUNTRY. WE DEFINITELY NEED FAIRNESS IN THE PROCESS AND THATS WHY ARE ARE STANDING UP FOR OURSELVES.
IF WE DONT DO WHAT WE AARE DDOING
(1) LOU DOBBS WILL LABEL US AS LABOURERS FROM THIRD WORLD COUNTRY
(2) WE CONTINUE TO HIDE BEHIND CLOSETS AND THE NATION WOOULD NEVER KNOW THAT WE EXIST THOUGH WE CONTRIBUTE
(3) ANTI IMMIGRANTS WILL THINK THAT WE DO NOT HAVE COOPERAATION AND WILL INFLUENCE POLICY DECISIONS - THE JULY FIASCO IS AN EXAMPLE
(4) EMPLOYERS WILL CONTINUE TO GOUGE VISAS AND BRAIN DRAAIN WILL CONTINUE
(5) JOBS WILL MOVE OUT OF THE US
DO WE STILL WANT TO BE LIKE THAT?
LETS ALL STAND UP FOR OURSELVES.
LETS ALL SHOW OUR FACES IN DC.
LETS ALL UNITE FOR A CAUSE.
YOU - YES YOU CHANGE YOUR STANCE, AND FOLLOW YOUR HEART.
DEAR FRIENDS - LYING LOW AND HOPING FOR SITUATIONS TO IMPROVE HAVE NEVER WORKED.
POLICIES CHANGES CAN HAPPEN ONLY IF YOU WANT TO MAKE THEM HAPPEN
REMEMBER - WE ARE ALL HERE WORKING HARD AND CONTRIBUTING TO THE COUNTRY. WE DEFINITELY NEED FAIRNESS IN THE PROCESS AND THATS WHY ARE ARE STANDING UP FOR OURSELVES.
IF WE DONT DO WHAT WE AARE DDOING
(1) LOU DOBBS WILL LABEL US AS LABOURERS FROM THIRD WORLD COUNTRY
(2) WE CONTINUE TO HIDE BEHIND CLOSETS AND THE NATION WOOULD NEVER KNOW THAT WE EXIST THOUGH WE CONTRIBUTE
(3) ANTI IMMIGRANTS WILL THINK THAT WE DO NOT HAVE COOPERAATION AND WILL INFLUENCE POLICY DECISIONS - THE JULY FIASCO IS AN EXAMPLE
(4) EMPLOYERS WILL CONTINUE TO GOUGE VISAS AND BRAIN DRAAIN WILL CONTINUE
(5) JOBS WILL MOVE OUT OF THE US
DO WE STILL WANT TO BE LIKE THAT?
LETS ALL STAND UP FOR OURSELVES.
LETS ALL SHOW OUR FACES IN DC.
LETS ALL UNITE FOR A CAUSE.
YOU - YES YOU CHANGE YOUR STANCE, AND FOLLOW YOUR HEART.
