number30
09-23 12:14 PM
My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.
I got my company attorney's office to reply to the school that she is in the country lawfully and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Did you ask them what are those acceptable documents?
I got my company attorney's office to reply to the school that she is in the country lawfully and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Did you ask them what are those acceptable documents?
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ita
05-16 03:50 PM
Hi all, I need your advice and opinions about my situation.
H1b – Started on Oct 07
PERM is approved and my PD is April 6, 2006 (PERM)
i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
AP and EAD received September 2007
My company lawyer just emails me to ask about renewing my EAD/AP. My company paid for my first EAD/AP and I paid for my wife EAD/AP. Now, I will have to pay both of them since I think they know that it is not main process for my GC sponsorship. They only pay for the green card process.
I do not plan to change my job and do not plan to travel outside US (unless there is a family emergency). My wife and children are all in the US. My wife does not plan to work/travel. So do I need to renew my EAD/AP?
It is nice to have AP since I can travel if I have to travel outside US for Family emergency but for EAD, I do not think that I won’t need it.
Is there any benefit to have EAD in my situation?
If I do not renew my EAD and AP, will I affect my GC / any immigration process in the future, such as renewing my H1b?
For example, if I do not renew this year, can I apply again next year?
Thank you
Read Somewhere on IV before that renewal is better than letting them expire ..
H1b – Started on Oct 07
PERM is approved and my PD is April 6, 2006 (PERM)
i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
AP and EAD received September 2007
My company lawyer just emails me to ask about renewing my EAD/AP. My company paid for my first EAD/AP and I paid for my wife EAD/AP. Now, I will have to pay both of them since I think they know that it is not main process for my GC sponsorship. They only pay for the green card process.
I do not plan to change my job and do not plan to travel outside US (unless there is a family emergency). My wife and children are all in the US. My wife does not plan to work/travel. So do I need to renew my EAD/AP?
It is nice to have AP since I can travel if I have to travel outside US for Family emergency but for EAD, I do not think that I won’t need it.
Is there any benefit to have EAD in my situation?
If I do not renew my EAD and AP, will I affect my GC / any immigration process in the future, such as renewing my H1b?
For example, if I do not renew this year, can I apply again next year?
Thank you
Read Somewhere on IV before that renewal is better than letting them expire ..
Rajeev
10-10 09:58 PM
It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.
Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."
It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.
Please call your Senators to co-sponsor/support this bill.
Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."
It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.
Please call your Senators to co-sponsor/support this bill.
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purgan
02-11 10:39 PM
I signed as well.
I also might point out another important angle to this mortgage issue. In the past 2 years since I was still waiting for my green card, I purchased 2 apartments in India. My dollar savings got diverted abroad since I saw no point purchasing in a country where my presence is uncerrtain.
I am sure there are many others who invested abroad instead of the USA. IV can perhaps institute a poll to see how many people bought abroad and how much they invested. This way there will be a quanfifiable impact of dollars diverted. I am sure it will be in the hundreds of millions atleast.
I also might point out another important angle to this mortgage issue. In the past 2 years since I was still waiting for my green card, I purchased 2 apartments in India. My dollar savings got diverted abroad since I saw no point purchasing in a country where my presence is uncerrtain.
I am sure there are many others who invested abroad instead of the USA. IV can perhaps institute a poll to see how many people bought abroad and how much they invested. This way there will be a quanfifiable impact of dollars diverted. I am sure it will be in the hundreds of millions atleast.
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chanduv23
10-02 08:06 AM
^^^^^^^^^^^
krishna_brc
07-11 05:47 PM
Thanks a lot for your valuable input.
But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?
Please let me know.
Thanks for all your input in advance.
I believe as long as you are getting paid a salary which is greater or equal to what was mentioned in Labor/140 you should be fine.
There will not be question of Ability to Pay as you will getting paid at the time of RFE and size of the company doesn't matter.
But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?
Please let me know.
Thanks for all your input in advance.
I believe as long as you are getting paid a salary which is greater or equal to what was mentioned in Labor/140 you should be fine.
There will not be question of Ability to Pay as you will getting paid at the time of RFE and size of the company doesn't matter.
more...
shirish
09-15 11:43 AM
It still says Aug 15th. I don't think they will release it yet.
USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.
USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.
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immi_2006
10-08 06:24 PM
Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?
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akhilmahajan
04-23 09:30 AM
I have not got my i140 approval yet........
but the Receipt i got for my i140 says:-
Notice Type: Approval Notice
Section: Mern of Profession w/Adv Deg,or
of Excentn'l Abllitv
Sec .203.(b) (2)
So, does that mean it is being processed for EB2.
thanks.
but the Receipt i got for my i140 says:-
Notice Type: Approval Notice
Section: Mern of Profession w/Adv Deg,or
of Excentn'l Abllitv
Sec .203.(b) (2)
So, does that mean it is being processed for EB2.
thanks.
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koppula09
01-04 02:20 PM
Thanks for replying to my message. Even if she leaves the country, she has no H1 or H4 visa stamping to come back. Her COS(H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 and we didn't knew that we have to apply for H4 side-by-side. Bcoz of this situation, she has neither of the status. Even if we want to apply H4, her H4 is already expired in Aug 2006 and I am not sure if we can apply for H4 now. Can we apply for H4 now...??
Regards,
-- Venkat
Regards,
-- Venkat
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smuggymba
09-24 12:15 PM
Hi guys,
My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
We really want the OPT option that F-1 gives.
Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?
Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.
We are very worried. Please help.
best regards,
Rajesh
For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.
My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
We really want the OPT option that F-1 gives.
Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?
Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.
We are very worried. Please help.
best regards,
Rajesh
For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.
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check_rd
07-10 05:57 PM
I am in the same suitation my wife wants to stay home for few years, currently she is on H1B and we are planning to convert to H4 . Why does one have to wait for a new H1B since she already had a H1B can't she get H1B any time without having to wait for the quota to open ?
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franklin
06-15 04:02 PM
You don't HAVE an A# yet - it is the number you get on your greencard
The A# is a case number that USCIS assigns to certain people, and then (usually, for exceptions see below) stays with you for the rest of your life, much like a Social Security Number. Most people get their A# when they apply for adjustment of status. It is also assigned if you apply for an employment authorization document (such as an F-1 OPT), a V visa, find yourself in deportation proceedings, and in a number of other situations.
Many USCIS forms ask for the A#. If you do not have one yet, simply write "None".
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
The A# is a case number that USCIS assigns to certain people, and then (usually, for exceptions see below) stays with you for the rest of your life, much like a Social Security Number. Most people get their A# when they apply for adjustment of status. It is also assigned if you apply for an employment authorization document (such as an F-1 OPT), a V visa, find yourself in deportation proceedings, and in a number of other situations.
Many USCIS forms ask for the A#. If you do not have one yet, simply write "None".
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
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Sakthisagar
07-31 09:51 AM
Kathirinthu Kathirunthu
Kallangal Poguthadi.
YouTube - Kathirunthu Kathirunthu - Vaidegi Kathirundal (http://www.youtube.com/watch?v=e5NBNRo3YdI)
Thaamasamenthe Varuvaan
YouTube - Thaamasamenthe Varuvaan - Bhaargavi Nilayam 1964 Lyrics - P Bhaskaran Music - M S Baburaj (http://www.youtube.com/watch?v=l7MayjJtyH8)
Kallangal Poguthadi.
YouTube - Kathirunthu Kathirunthu - Vaidegi Kathirundal (http://www.youtube.com/watch?v=e5NBNRo3YdI)
Thaamasamenthe Varuvaan
YouTube - Thaamasamenthe Varuvaan - Bhaargavi Nilayam 1964 Lyrics - P Bhaskaran Music - M S Baburaj (http://www.youtube.com/watch?v=l7MayjJtyH8)
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Ramba
10-17 05:28 PM
Hi,
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.
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jonty_11
09-25 12:01 PM
Good find - shows the plight of legal immigrants.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Interesting one..but folks in washington will continue taking us for granted....unless we show them serious intent...
Hell, ALl they care abt is big corporations...even ahead of their own citizens...Wall St over Main St...
Bailout plan to be approved soon.......We areno where in the picture....even lawmakers know the realiy of this article...but its all about "show me the money"
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Interesting one..but folks in washington will continue taking us for granted....unless we show them serious intent...
Hell, ALl they care abt is big corporations...even ahead of their own citizens...Wall St over Main St...
Bailout plan to be approved soon.......We areno where in the picture....even lawmakers know the realiy of this article...but its all about "show me the money"
more...
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MatsP
May 3rd, 2005, 05:54 AM
I guess I can safely say that I have some experience in this subject. I've not got much to show for it in my gallery, but I've taken a few thousand more or less successful pictures of motorcycles.
As everyone said, some tracking and slower shutter will make it "move" better. Not too much tho'. At 400 mm, I usually set the time to 1/400 or 1/320. At shorter lengths, down to 1/100.
Motocross is slightly slower than road-racing, so you may want to lengthen that time a little bit.
It all depends on your panning skills too.
--
Mats
As everyone said, some tracking and slower shutter will make it "move" better. Not too much tho'. At 400 mm, I usually set the time to 1/400 or 1/320. At shorter lengths, down to 1/100.
Motocross is slightly slower than road-racing, so you may want to lengthen that time a little bit.
It all depends on your panning skills too.
--
Mats
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mdcowboy
10-04 02:10 PM
Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
I contribute no more than 10% of my pay towards my 401K. I would not contribute more than this because I don't intend to stay here for a very long time. Also, I would be happy to put my money in savings with a decent return and stocks rather than my retirement fund.
I am not sure about this but I guess if you plan to return back..you just have to pay the taxes and not the penalty? You need to get this verified.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
I contribute no more than 10% of my pay towards my 401K. I would not contribute more than this because I don't intend to stay here for a very long time. Also, I would be happy to put my money in savings with a decent return and stocks rather than my retirement fund.
I am not sure about this but I guess if you plan to return back..you just have to pay the taxes and not the penalty? You need to get this verified.
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delax
07-16 08:55 AM
USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.
Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.
Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.
In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.
Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.
Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.
You may be correct about the PD see-saw but I am not convinced about the RD logic. I know of at least a dozen friends (EB2-I) with PD in mid 2003 who filed in June 2007 and were approved by Oct 2007. The RD during that time was in 2006.
Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.
Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.
In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.
Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.
Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.
You may be correct about the PD see-saw but I am not convinced about the RD logic. I know of at least a dozen friends (EB2-I) with PD in mid 2003 who filed in June 2007 and were approved by Oct 2007. The RD during that time was in 2006.
goel_ar
12-18 06:05 PM
Hi All,
SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".
I can't start working until I get SSN as it is small company. I am their first H1 employee.
The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.
Any suggestions , asap, will be greatly apprciated.
I am not sure who am I suppose to contact. Please help...
I am really afraid & depressed.
Thanks,
LG
SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".
I can't start working until I get SSN as it is small company. I am their first H1 employee.
The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.
Any suggestions , asap, will be greatly apprciated.
I am not sure who am I suppose to contact. Please help...
I am really afraid & depressed.
Thanks,
LG
meridiani.planum
07-12 08:33 AM
Yes, USCIS can raise RFE ability to pay even in I-485 stage.
thats not true. Can you post a link to back that up?
The yates memo made it clear that AC-21 portability employers dont have to prove anything (ability-to-pay, test of market etc). The only expectation from them is that they promise you a job with same/similar duties.
to OP: size of your newemployer should not be a problem,just make sure your job duties are same/similar to what was described in your LC.
thats not true. Can you post a link to back that up?
The yates memo made it clear that AC-21 portability employers dont have to prove anything (ability-to-pay, test of market etc). The only expectation from them is that they promise you a job with same/similar duties.
to OP: size of your newemployer should not be a problem,just make sure your job duties are same/similar to what was described in your LC.
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