desi3933
06-25 03:30 PM
I double checked with my attorney , either or AP or EAD usage will change your status, ie H1 is no more valid.
http://www.immigrationportal.com/archive/index.php/t-215457.html
http://www.immigrationportal.com/archive/index.php/t-215457.html
wallpaper dresses justin bieber new
vandanaverdia
09-20 06:14 PM
YES!! I agree... We went to make a point... and one doesnt have to be an American citizen to be able to sing one too....
Pankaj did a great job... And it was awesome to hear him sing. So much so that even Congressman McDermott commented that he sand better than the congressman himself.
Three cheers to Pankaj.
Pankaj did a great job... And it was awesome to hear him sing. So much so that even Congressman McDermott commented that he sand better than the congressman himself.
Three cheers to Pankaj.
EndlessWait
01-10 05:15 PM
Just to add, this is the risk of not working for the company after getting the EAD. The employer can easily prove that the person had no intention of working for the company. AC21 cannot protect that person.
the guy who used AC21 got his GC and rightfully so since he left after 6 months.
Our friend was the one who got the labor sold by his desi employer leech..to him
its good atleast that Ac21 works and it should..now with substitution banned the new AC21s will be protected..as long as they didn't substitute..
Finally labor substitution was a bad choice! thats the moral of the story..
the guy who used AC21 got his GC and rightfully so since he left after 6 months.
Our friend was the one who got the labor sold by his desi employer leech..to him
its good atleast that Ac21 works and it should..now with substitution banned the new AC21s will be protected..as long as they didn't substitute..
Finally labor substitution was a bad choice! thats the moral of the story..
2011 Justin Bieber#39;s new hair-cut
ilovestirfries
08-31 02:13 PM
Folks...it looks like I have been given membership to this exclusive club, by USCIS...:)
My status on USCIS Online case tracker shows,
"Current Status: Fingerprint fee rejected and notice mailed; case in suspense."
When I spoke with my attorney, he says, There are two options.
1. I can dispute and in turn get my processing delayed
2. Repay the fingerprint fees ($70) and forget about my first payment
Naturally, anyone would prefer option - 2.
Just wanted to share with you all...
My status on USCIS Online case tracker shows,
"Current Status: Fingerprint fee rejected and notice mailed; case in suspense."
When I spoke with my attorney, he says, There are two options.
1. I can dispute and in turn get my processing delayed
2. Repay the fingerprint fees ($70) and forget about my first payment
Naturally, anyone would prefer option - 2.
Just wanted to share with you all...
more...
rxsimha
03-17 04:09 PM
In continuation to the below thread, I was asked to start a new thread
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
http://immigrationvoice.org/forum/showthread.php?t=24403
Below is my question, please find some time to respond
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read from the above thread -
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
puvathoor
04-04 03:50 PM
I saw a comment on a lawyer's website that recapture of unused visas can only be done through legislation and not through administrative fix..
And, the real issue we should try to address here is USCIS inefficiency.
There are a lot of " worldwide" category folks who have been current for over a year (and a few months after the 180 day memo) but are yet to get their GC.... So unless we get USCIS to move fast on the applications that are current, all our visa recapture efforts help DOS to move cut off dates further ahead.. but if past history is any indication, more of these visa #s will be assigned to Consular processing cases rather than AOS cases in USA..
So.. I think while lobbying for Visa Recapture is the right move, we should also lobby to highlight USCIS inefficiency in adjudicating cases that are current..
And, the real issue we should try to address here is USCIS inefficiency.
There are a lot of " worldwide" category folks who have been current for over a year (and a few months after the 180 day memo) but are yet to get their GC.... So unless we get USCIS to move fast on the applications that are current, all our visa recapture efforts help DOS to move cut off dates further ahead.. but if past history is any indication, more of these visa #s will be assigned to Consular processing cases rather than AOS cases in USA..
So.. I think while lobbying for Visa Recapture is the right move, we should also lobby to highlight USCIS inefficiency in adjudicating cases that are current..
more...
grupak
03-06 06:49 PM
I wrote in my old post "pay without leave"... I meant "leave without pay" ...:o
2010 exploded onfeb That he today working on Justin+ieber+new+haircut+2011
vbkris77
08-20 03:13 PM
I Still think we have a good chance atleast all those with priority date before today.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
EB1 historically filled and this year CIS said, they may have to retro the India dates, but didn't finally. EB2 in best case got 15K visas. There are lot of EB3 to EB2 porting that will happen if the dates don't move. So EB2 it self will take 4 years to corss 2007 (I only added 25% of the porting). EB3 I God only knows..
Remember there are only 40K visas for EB2. EB3 will use their own 40K visas. 10K from this is reserved to otherworkers. So these dates won't move unless Recapture happens and per country limits are removed atleast till the backlog is cleared.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
EB1 historically filled and this year CIS said, they may have to retro the India dates, but didn't finally. EB2 in best case got 15K visas. There are lot of EB3 to EB2 porting that will happen if the dates don't move. So EB2 it self will take 4 years to corss 2007 (I only added 25% of the porting). EB3 I God only knows..
Remember there are only 40K visas for EB2. EB3 will use their own 40K visas. 10K from this is reserved to otherworkers. So these dates won't move unless Recapture happens and per country limits are removed atleast till the backlog is cleared.
more...
dixie
05-24 01:28 PM
done !!
hair justin bieber new haircut 2011
vinicola78
11-04 03:22 PM
It has been 5 months now since I left my job and invoked AC21.
more...
nixstor
04-21 11:13 AM
names with slave in it and with out immigration. How does they make sense to what we are doing here? We are neither slaves nor a social networking website. If you go and search the threads this came up an year ago and it was turned down because of what logiclife explained clearly. I have simply thought that a redirection of URL is enough. Its not true. We need quite a bit of paperwork to be done and it needs some knowledge and experience as well, which is more than suggesting a name change. More over, we have some brand value as IV for some time. Amidst all these highly inflammable bills, name changing can eat away precious time that can be dedicated to imp work.
How about we guys do the 2 things pappu keeps on emphasizing?
1) Meet with lawmakers
2) Contributions and get our friends to contribute.
How about we guys do the 2 things pappu keeps on emphasizing?
1) Meet with lawmakers
2) Contributions and get our friends to contribute.
hot justin bieber haircut
permfiling
12-11 04:00 PM
I did not like the idea of getting a red dot inspite of contributing $500 to IV. This is not a good idea of IV to flag members. I will take this up with my state chapter.
Member of North California
Member of North California
more...
house justin bieber new haircut 2011
GCwaitforever
03-02 02:45 PM
Greencard and H-1B expenses should be paid by the employer. Anything else is illegal. I am requesting admins to close this thread.
tattoo Justin Bieber debuts new hair
kaisersose
02-11 11:26 AM
After all these days it appears many people are still not clear about the difference between 485 processing times and priority date movement.
The two are completely different entities. When USCIS talks of backlogs they do not mean backlogs due to retrogression (PD unavailability). They are talking about the number of applications they received and the time it takes for them to process them.
When USCIS says it will clear the backlog by 2010, it means applications filed after that time will be processed in a timely manner (in less than 6 months). It does not mean that all the 485s before that time wil be approved. It only means these 485s will be processed and thrown into a cold sorage bin to be looked at again whenever the PD becomes available.
When retrogression started in 2005, EB2 India jumped forward by 6 months each visa bulletin. The reason was namecheck delays combined with the problem of Labors with Old PDd languishing in BECs. As both these problems have been eliminated now and also many EB3 filers from that time are switching over to EB2, it is highly unlikely that one will see wide movement in India EB2.
The two are completely different entities. When USCIS talks of backlogs they do not mean backlogs due to retrogression (PD unavailability). They are talking about the number of applications they received and the time it takes for them to process them.
When USCIS says it will clear the backlog by 2010, it means applications filed after that time will be processed in a timely manner (in less than 6 months). It does not mean that all the 485s before that time wil be approved. It only means these 485s will be processed and thrown into a cold sorage bin to be looked at again whenever the PD becomes available.
When retrogression started in 2005, EB2 India jumped forward by 6 months each visa bulletin. The reason was namecheck delays combined with the problem of Labors with Old PDd languishing in BECs. As both these problems have been eliminated now and also many EB3 filers from that time are switching over to EB2, it is highly unlikely that one will see wide movement in India EB2.
more...
pictures new justin bieber haircut 2011
anurakt
09-25 02:21 PM
My DL was renewed for four years, much beyond my I-94 expiry, both the times...so guys, come on to CA...Golden land of jobs, good weather, cosmopolitan and accomdating/tolerant ppl of all races/religions :-). I am still on H1-B though..
Rambha,
See the above reply. I assume if they allow -I-94 , then EAD should be treated the same way.
Rambha,
See the above reply. I assume if they allow -I-94 , then EAD should be treated the same way.
dresses hairstyles Justin Bieber
Leo07
02-24 05:35 PM
Basically, there are lot of people on the other site, who don't want to join IV but participate:) They think that they might be accidentally causing a benefit to IV by joining IV:)
I never thought registering on IV is a an issue. I see close to 50K registered users on IV, I have not come across anyone who had any issues for registering with IV.
I never thought registering on IV is a an issue. I see close to 50K registered users on IV, I have not come across anyone who had any issues for registering with IV.
more...
makeup justin bieber 2011 new haircut
cantonsale10@gmail.com
08-03 11:31 PM
Add one more option like 'I don't know what to do !!'
girlfriend new haircut 2011 bieber
smartboy75
07-09 11:20 AM
Some good news..if it infact becomes a reality...
Sorry guys ..posting in the wrong forumn so that maximum IV members can be aware of the development...
Another Indo-US deal moves forward: Indian workers can get Social Security money back
Vikas Dhoot
Posted online: Tuesday, July 08, 2008 at 0037 hrs IST
New Delhi, July 7
With Prime Minister Manmohan Singh�s government finally moving forward on the Indo-US nuclear deal, the Bush administration is also demonstrating its keenness to resolve other crucial bilateral issues in India�s interest. A long-standing Indian demand for a social security pact that allows Indian workers stationed in the US to bring back their contributions to the US Social Security system on their return to India, is close to being met.
Over $1 billion of contributions to the US Social Security Fund are made annually by an estimated 80,000 �detached workers� from India working on consultancy and onsite assignments � each one has to contribute at the rate of 15% of basic salary. However, when they return to India, these contributions are forfeited as the minimum period to qualify for pension benefits in the US is 10 years (the same is true of India as well).
After a series of meetings between Indian officials and the US Social Security Administration as well as a senior White House official in Washington last week, Indian workers� annual donations to the US social security fund � which currently has a $4.1 trillion deficit � may finally come to an end.
�We are close to sealing the pact. Indian workers who spend three years in the US would get a refund of their contributions to the US pension system. Moreover, the pension will also be portable � once a worker completes the qualifying period of 10 years, the pension will be payable in either country,� a senior government official said.
The US has such �social security totalisation� pacts with 22 countries, whereby workers who spend three years in the US hold on to their pension benefits as the 10-year qualifying period takes into account the time spent by workers in their original country�s pension system. India has recently signed such deals with Belgium and Germany.
�If both US and India have bilaterals with a third country, the totalisation and portability principles will apply in those cases as well. So a worker could spend 4 years in India, 3 years in US and 3 years elsewhere, without losing retirement funds,� the official added. Bilateral talks on the issue had intensified after Singh and Bush issued the joint statement on July 18, 2005 to move towards a new strategic relationship. Last December, the US Social Security Secretary visited New Delhi, but little progress was made. Under Section 233 of US social security laws, international agreements may only be arrived at with countries with a �generally applicable� social insurance or pension system.
Between December 2007 and now, India has made some progress on this front which it convinced the US administration about. The Unorganised Sector Workers� Social Security Bill has been introduced in Parliament as well as reviewed by a standing committee. The Rashtriya Swasthya Bima Yojana has also been kicked off.
�It has been an intractable wall we have been chipping away at for years, but this time, we feel they are convinced that there is a sound social security sytem in India,� the official said. If India succeeds in formalizing the pact, it will be only the second Asian country after South Korea to do so. Once signed, the US President will have to report the deal to the Congress with a report on the estimated number of individuals affected and its effect on the Social Security fund�s flows.
Source: http://www.indianexpress.com/story/332763.html
Sorry guys ..posting in the wrong forumn so that maximum IV members can be aware of the development...
Another Indo-US deal moves forward: Indian workers can get Social Security money back
Vikas Dhoot
Posted online: Tuesday, July 08, 2008 at 0037 hrs IST
New Delhi, July 7
With Prime Minister Manmohan Singh�s government finally moving forward on the Indo-US nuclear deal, the Bush administration is also demonstrating its keenness to resolve other crucial bilateral issues in India�s interest. A long-standing Indian demand for a social security pact that allows Indian workers stationed in the US to bring back their contributions to the US Social Security system on their return to India, is close to being met.
Over $1 billion of contributions to the US Social Security Fund are made annually by an estimated 80,000 �detached workers� from India working on consultancy and onsite assignments � each one has to contribute at the rate of 15% of basic salary. However, when they return to India, these contributions are forfeited as the minimum period to qualify for pension benefits in the US is 10 years (the same is true of India as well).
After a series of meetings between Indian officials and the US Social Security Administration as well as a senior White House official in Washington last week, Indian workers� annual donations to the US social security fund � which currently has a $4.1 trillion deficit � may finally come to an end.
�We are close to sealing the pact. Indian workers who spend three years in the US would get a refund of their contributions to the US pension system. Moreover, the pension will also be portable � once a worker completes the qualifying period of 10 years, the pension will be payable in either country,� a senior government official said.
The US has such �social security totalisation� pacts with 22 countries, whereby workers who spend three years in the US hold on to their pension benefits as the 10-year qualifying period takes into account the time spent by workers in their original country�s pension system. India has recently signed such deals with Belgium and Germany.
�If both US and India have bilaterals with a third country, the totalisation and portability principles will apply in those cases as well. So a worker could spend 4 years in India, 3 years in US and 3 years elsewhere, without losing retirement funds,� the official added. Bilateral talks on the issue had intensified after Singh and Bush issued the joint statement on July 18, 2005 to move towards a new strategic relationship. Last December, the US Social Security Secretary visited New Delhi, but little progress was made. Under Section 233 of US social security laws, international agreements may only be arrived at with countries with a �generally applicable� social insurance or pension system.
Between December 2007 and now, India has made some progress on this front which it convinced the US administration about. The Unorganised Sector Workers� Social Security Bill has been introduced in Parliament as well as reviewed by a standing committee. The Rashtriya Swasthya Bima Yojana has also been kicked off.
�It has been an intractable wall we have been chipping away at for years, but this time, we feel they are convinced that there is a sound social security sytem in India,� the official said. If India succeeds in formalizing the pact, it will be only the second Asian country after South Korea to do so. Once signed, the US President will have to report the deal to the Congress with a report on the estimated number of individuals affected and its effect on the Social Security fund�s flows.
Source: http://www.indianexpress.com/story/332763.html
hairstyles justin bieber
beppenyc
05-29 08:46 AM
Hi Beppenyc,
I have a very good friend who is French. He live is Paris. He tells me his view is different than yours.
Beppenyc, could it be because France did not control the number of immigrants and ended up bringing more pople than what they should and made assimilation harder there ? Some believe that the US is heading to a path similar than the France one. Just look at the US. This is a country known for its immigration tradition. Look at what is happening now. Americans - unfortunately - are starting to become bitter towards immigration. Why ? It is because as everything in life, you need to have a balance. If you start letting too many people in, people may feel immigration becomes an invasion. Like France, this is a democracy. When you have the majority of your citizens pissed off at illegal immigration or even rate of legal immigration, honestly I would listen to the people otherwise the relationship between newcomers and citizens may look a rough road ahead.
Just to give you an idea, today I have a lunch with folks from my church - some are here illegally - and they acknowledged that there are too many Latinos in Orlando and therefore they do not want to live there anymore. Just to give you an idea how serious the situation is. Even the illegal folks themselves admit that an unbalanced number of immigrants may not be advantageous.
The problem in French is different. They bring the immigrants from Africa and North Africa to work to build the subway, La Defense (ask yourfriends),Eurostar ect ect. French has a controll of the number of immigrants, is not so difficult. The problem is that they put the immigrants living in the ghetto (Banlieu) and to not give any hope of future. When all the big project were done, they forced to sent the immigrants home, but without success. If you are really interest to see what is the reality in France, get this movie made in 1997, LA HAINE.
Communique, the problem is different: Illegal immigratin is like poverty , you will never defeat it. The US economy have an enormous advantage with the Illegal immigration, in particulary in Agricolture, they were more competitive in the international market. If you have 12 million of illegals, means that you have at least 6 million of American Citizen who give job to this people, making a HUGE PROFIT. Let`s analyze the restaurant business, how is possible that is cheaper to eat in USA than europe? The reason because here they can use a lot of illegal in the kitchen or as waitress. What about the house building? What about it? About the legal, the difference is that of course we are playing with the rules, but the reality is that we are in the same condition: we are slave, we can not look for another job because of the sponsorship and 4 have this green card we will wait for ever.That`s give an enormous advantage to the company, butis not fair, because the company is really exploit us. You are talking about invasion, it`s funny, I have the same discussion with another american kid. If the American citizens are really angry about that, how is possible that they continue to hire illegal? . YOur economy is growing but US don`t have the capacity to answer to all the needs. Period. Your immigration law was wrong from the beginning, because did not undestand the really needs of the economy. The real challange is to make them integrated in the US society. If not , the situation will be worse in the future. Good luck and good nigt!
I have a very good friend who is French. He live is Paris. He tells me his view is different than yours.
Beppenyc, could it be because France did not control the number of immigrants and ended up bringing more pople than what they should and made assimilation harder there ? Some believe that the US is heading to a path similar than the France one. Just look at the US. This is a country known for its immigration tradition. Look at what is happening now. Americans - unfortunately - are starting to become bitter towards immigration. Why ? It is because as everything in life, you need to have a balance. If you start letting too many people in, people may feel immigration becomes an invasion. Like France, this is a democracy. When you have the majority of your citizens pissed off at illegal immigration or even rate of legal immigration, honestly I would listen to the people otherwise the relationship between newcomers and citizens may look a rough road ahead.
Just to give you an idea, today I have a lunch with folks from my church - some are here illegally - and they acknowledged that there are too many Latinos in Orlando and therefore they do not want to live there anymore. Just to give you an idea how serious the situation is. Even the illegal folks themselves admit that an unbalanced number of immigrants may not be advantageous.
The problem in French is different. They bring the immigrants from Africa and North Africa to work to build the subway, La Defense (ask yourfriends),Eurostar ect ect. French has a controll of the number of immigrants, is not so difficult. The problem is that they put the immigrants living in the ghetto (Banlieu) and to not give any hope of future. When all the big project were done, they forced to sent the immigrants home, but without success. If you are really interest to see what is the reality in France, get this movie made in 1997, LA HAINE.
Communique, the problem is different: Illegal immigratin is like poverty , you will never defeat it. The US economy have an enormous advantage with the Illegal immigration, in particulary in Agricolture, they were more competitive in the international market. If you have 12 million of illegals, means that you have at least 6 million of American Citizen who give job to this people, making a HUGE PROFIT. Let`s analyze the restaurant business, how is possible that is cheaper to eat in USA than europe? The reason because here they can use a lot of illegal in the kitchen or as waitress. What about the house building? What about it? About the legal, the difference is that of course we are playing with the rules, but the reality is that we are in the same condition: we are slave, we can not look for another job because of the sponsorship and 4 have this green card we will wait for ever.That`s give an enormous advantage to the company, butis not fair, because the company is really exploit us. You are talking about invasion, it`s funny, I have the same discussion with another american kid. If the American citizens are really angry about that, how is possible that they continue to hire illegal? . YOur economy is growing but US don`t have the capacity to answer to all the needs. Period. Your immigration law was wrong from the beginning, because did not undestand the really needs of the economy. The real challange is to make them integrated in the US society. If not , the situation will be worse in the future. Good luck and good nigt!
vlad0002
01-25 04:22 PM
Hi all,
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
Tito_ortiz
12-11 03:42 PM
Good news lately hasn't been good news. Bad news may turn out to be good news.
Perhaps we may see things streamlined after this event ? Cheer up. Happy Christmas everyone ! Let's celebrate with happiness in our heart, no matter the outcome of this insane immigration process.
:mad: 12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)
According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable!
http://www.immigration-law.com/
Perhaps we may see things streamlined after this event ? Cheer up. Happy Christmas everyone ! Let's celebrate with happiness in our heart, no matter the outcome of this insane immigration process.
:mad: 12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)
According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable!
http://www.immigration-law.com/
No comments:
Post a Comment