RandyK
10-29 03:04 PM
This could be an opportunity.......unfortunately there aren't many to choose from��.
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rockstart
08-12 01:35 PM
There is a memo released by USCIS dated in 2008 that covers all these scenarios about 245(k). They have defined the condtions that can be defined as unlawful status, Unlawful presence and violation of status. So you need to look at what category you fall under. Also the only way to wipe out your previous violation is to Re-Enter on a valid VISA. Not AP not any other method but on a valid VISA.
Once you do that the previous violations are wiped out and new accrue from last valid entry on VISA. Hope this helps. Please google for USCIS 245(k) memo for details
Once you do that the previous violations are wiped out and new accrue from last valid entry on VISA. Hope this helps. Please google for USCIS 245(k) memo for details
nogc_noproblem
02-15 12:09 PM
Any suggestions...
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brb2
08-27 07:50 AM
Yingli
Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
more...
prince_waiting
08-30 09:49 PM
You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.
I am not filing on my own, I am trying to just do the paper work on my own and try to save unnecessary attorney fees. Of course my employer is going to sign the forms.
I am not filing on my own, I am trying to just do the paper work on my own and try to save unnecessary attorney fees. Of course my employer is going to sign the forms.
outlook2
07-18 04:34 PM
Hello All
My attorney has scheduled conference call for all the AOS issues (after the yesterday's update)
All of you are welcome to listen the recorded version
details are
1-800-475-6701 access code 881306. The reply will be available after 6.30 p.m. today
Thanks IV again
PS: This 1 hr recorded discussion will answer some of the questions regarding fee hike/advantage of paying fee hike etc
My attorney has scheduled conference call for all the AOS issues (after the yesterday's update)
All of you are welcome to listen the recorded version
details are
1-800-475-6701 access code 881306. The reply will be available after 6.30 p.m. today
Thanks IV again
PS: This 1 hr recorded discussion will answer some of the questions regarding fee hike/advantage of paying fee hike etc
more...
zCool
02-20 09:03 PM
Just wait it out till you get I140 approved.
What is the hurry?
What would happen in another 6-12 months?
In you case, lets say company B decides to let you go .. then at least you should get them to agree to give support till 140 comes thro'
Otherwise they will be well within their moral right to withdraw 140 app and then where will you be?
Why do you want to do it? JUST WAIT IT OUT!
What is the hurry?
What would happen in another 6-12 months?
In you case, lets say company B decides to let you go .. then at least you should get them to agree to give support till 140 comes thro'
Otherwise they will be well within their moral right to withdraw 140 app and then where will you be?
Why do you want to do it? JUST WAIT IT OUT!
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shana04
01-30 11:21 AM
Any feedback on this is appreciated.
As both your I 140 are approved, I do not see any major problem. any wasy you are planning to use AC21. Why dont you use your attorney, in that way you can feel secure. If I 140 approved + 180 days from receipt date you should be fine.
But I would advice you to take any expert opinion. But use your own lawyer and I believe you will do fine
Good luck
As both your I 140 are approved, I do not see any major problem. any wasy you are planning to use AC21. Why dont you use your attorney, in that way you can feel secure. If I 140 approved + 180 days from receipt date you should be fine.
But I would advice you to take any expert opinion. But use your own lawyer and I believe you will do fine
Good luck
more...
rpk83
05-10 10:11 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
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casinoroyale
02-23 11:17 AM
I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.
Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?
Two points that I am not a fan of:
1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.
2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.
Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?
Two points that I am not a fan of:
1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.
2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.
more...
vikki76
04-10 10:28 PM
My company lawyer had advised me that it is perfectly legal to do moonlighting using EAD card while holding down permanent job on H1-B.
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JunRN
07-16 11:43 PM
LC filing- No
I-140 filing and onwards- Yes
Thanks!!! This is what I know as well. Anyway, different lawyers have different advise. I just need to confirm some information that I got from my lawyer.
I-140 filing and onwards- Yes
Thanks!!! This is what I know as well. Anyway, different lawyers have different advise. I just need to confirm some information that I got from my lawyer.
more...
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webm
02-27 02:40 PM
1) EB3 people believe and argue that it doesn't matter.
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
Well said..I agree with you!!
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
Well said..I agree with you!!
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reverendflash
10-21 04:31 AM
:sleep:
Rev:elderly:
Rev:elderly:
more...
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sunny1000
04-07 03:56 PM
Hi,
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
It will not affect your GC in anyway. They will send RFE for your wife when it comes for adjudication. You can reply thru your lawyer, based on your marital status at that time, the appropriate answer.
AFAIK, if she does not come back before the date mentioned in the AP (sept 2008), she will abandon the GC application unless she has a valid dual intent visa.
Hope things work out between you and your wife.
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
It will not affect your GC in anyway. They will send RFE for your wife when it comes for adjudication. You can reply thru your lawyer, based on your marital status at that time, the appropriate answer.
AFAIK, if she does not come back before the date mentioned in the AP (sept 2008), she will abandon the GC application unless she has a valid dual intent visa.
Hope things work out between you and your wife.
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waitin_toolong
11-19 09:36 AM
as long as the I-797 is current the expired stamp does not matter but do send a copy of it.
You dont have to renew EAD if she is not working and save $340. Her next EAD (whenever she applies) will be a new Application.
But do remember it always takes time to obtain an EAD so if she needs it any time in future she will have to wait so be very sure about not working. EAD is not a proof of legal status only an authorization toi work so you dont need it if you dont plan to work.
As for AP, unless you dont plan to travel even for emergency reasons of have valid H1 stamped or can get it stamped you dont need it.
For wife make sure her travel is not in between applications. She should travel with an approved AP and apply for renewal and wait for it to be approved before she departs the country.
You dont have to renew EAD if she is not working and save $340. Her next EAD (whenever she applies) will be a new Application.
But do remember it always takes time to obtain an EAD so if she needs it any time in future she will have to wait so be very sure about not working. EAD is not a proof of legal status only an authorization toi work so you dont need it if you dont plan to work.
As for AP, unless you dont plan to travel even for emergency reasons of have valid H1 stamped or can get it stamped you dont need it.
For wife make sure her travel is not in between applications. She should travel with an approved AP and apply for renewal and wait for it to be approved before she departs the country.
more...
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amsgc
04-05 04:07 PM
Sunil,
I suggest you use the most recent A# on your I-485, and relax.
The USCIS adjudicator has access to all the information s/he needs. They can use your Name/DOB/Citizenship etc. to find out all the A#s that have ever been assigned to you. In case there is a need to change or assign a new A#, they will figure it out.
Good luck!
I suggest you use the most recent A# on your I-485, and relax.
The USCIS adjudicator has access to all the information s/he needs. They can use your Name/DOB/Citizenship etc. to find out all the A#s that have ever been assigned to you. In case there is a need to change or assign a new A#, they will figure it out.
Good luck!
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mrow
07-07 10:21 PM
My thoughts:
My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.
You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.
My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.
You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.
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shantak
07-18 07:57 AM
e-filled.
Thanks
Can I call them and ask about it ? This is scary. My friends who applied after me got it and I'm moving in 2 weeks.
appreciate any suggestions.
dont worry, it is taking a little longer because of the flood of applications. 3 weeks is nothing to worry.
Thanks
Can I call them and ask about it ? This is scary. My friends who applied after me got it and I'm moving in 2 weeks.
appreciate any suggestions.
dont worry, it is taking a little longer because of the flood of applications. 3 weeks is nothing to worry.
ski_dude12
05-04 02:34 PM
Thanks for the reply.
RadioactveChimp
04-16 01:50 AM
lol sorry
I formally appologize to those whom I have hurt, by ranting on their threads
Sincerely,
Dean Schneider
I formally appologize to those whom I have hurt, by ranting on their threads
Sincerely,
Dean Schneider
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