anilsal
04-23 12:22 AM
I can understand the anxiety. I have similar concerns but you cannot do much when your luck is involved. No matter the amount of scrutiny or verification you do on your part, if your luck is not good, there may be rejection. But they will not reject, they will issue NOID. You have time to appeal etc etc.
So chill out. Enjoy AC21 (the bill was passed to provide relief, not give more tension).
Do not worry too much about what can happen tomorrow. Enjoy today. Enjoy this month. Enjoy this year.
You are a MI Chapter member and you have done the right thing (supporting IV). Have faith in IV and continue to support IV. I am sure the days of seeing the freedom is near.
So chill out. Enjoy AC21 (the bill was passed to provide relief, not give more tension).
Do not worry too much about what can happen tomorrow. Enjoy today. Enjoy this month. Enjoy this year.
You are a MI Chapter member and you have done the right thing (supporting IV). Have faith in IV and continue to support IV. I am sure the days of seeing the freedom is near.
wallpaper Anime Hair, Anime Cute Girl,
lotsofspace
01-18 12:15 PM
My point of view: Recession or No Recession - If u r strong enough and a needed resource, therez no way they r gonna lay u off --- Again just my POV.
If push comes to shove, it does not really matter how strong you are. I survived the 2K to 2K3, but have seen many smart people suffer.
If push comes to shove, it does not really matter how strong you are. I survived the 2K to 2K3, but have seen many smart people suffer.
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.
2011 house emo anime love kiss.
hariswaminathan
10-17 10:36 AM
I got an RFE for I-131 for both myself and my wife. They have asked for absolutely everything (I-485 receipt, I-140 approval, I-94s, I-797s, marriage certificate, Passport copies etc). As my lawyer said "they have thrown the kitchen sink at you".
I dont even know why - but the amount of documentation they have asked for seems absurd just to issue a travel document.
BTW - my EAD from the sample application was approved!
______________________
EB3 India (PD: 05/01/2004)
I-485 Receipt date: 07/23/2007
EAD approved: 09/04/2007
FP notices: ????
I-131 - RFE
GC: god knows when
I dont even know why - but the amount of documentation they have asked for seems absurd just to issue a travel document.
BTW - my EAD from the sample application was approved!
______________________
EB3 India (PD: 05/01/2004)
I-485 Receipt date: 07/23/2007
EAD approved: 09/04/2007
FP notices: ????
I-131 - RFE
GC: god knows when
more...
vattam
09-29 03:29 PM
I filed in Mid July for I-140 with NSC. the dates in the web site shows in November 2005. Are you sure the dates are currently in MAY 2006. I cannot upgrade my case to premium processing for technical reasons. IF the dates are in MAY/June, I would appreciate JAnilsal if you can reconfirm them.
Approvals for Mid-may have started now. They are in that region. July cases would be Nov/Dec.
I am telling because my mid-may I-140 case got approved today. I am from retrogressed country. So cannot file I-485.
Atleast you are able to file it, then why are you restless? Go have a beer!
Approvals for Mid-may have started now. They are in that region. July cases would be Nov/Dec.
I am telling because my mid-may I-140 case got approved today. I am from retrogressed country. So cannot file I-485.
Atleast you are able to file it, then why are you restless? Go have a beer!
bugsbunny
04-15 03:22 PM
immigration related frequently asked questions
FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS)
FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS)
more...
hpandey
11-19 11:09 AM
Hello Gurus,
My I-140 was recently approved. 140-485 filed concurently in July 2007. I have a new job offer and plan to use AC21. However I am worried because the wages at new job would be significantly higher than the old job. There are two reasons for the big difference
1-Desi employer v/s corporate employer
2-Dallas v/s New York
Any comments from people who have faced similar situation will be highly appreciated.
Thanks
Its really ironic to see that the time has come when we have to worry about making more money in future !:D
My I-140 was recently approved. 140-485 filed concurently in July 2007. I have a new job offer and plan to use AC21. However I am worried because the wages at new job would be significantly higher than the old job. There are two reasons for the big difference
1-Desi employer v/s corporate employer
2-Dallas v/s New York
Any comments from people who have faced similar situation will be highly appreciated.
Thanks
Its really ironic to see that the time has come when we have to worry about making more money in future !:D
2010 Cute Boy and Girl - Anime
a_paradkar
05-12 04:49 PM
if their is any spill over then
the dates of China and India will be same for EB2 in July VB. then the actual spill over will happen in Aug & Sep... assuming the prediction numbers are true.
the dates of China and India will be same for EB2 in July VB. then the actual spill over will happen in Aug & Sep... assuming the prediction numbers are true.
more...
eager_immi
02-15 12:02 PM
before the illegals get deported i hope :)
hair omg super cute black haired
redcard
11-12 02:18 PM
Here use this tool on Delta to know the visa requirements for travel..
Visa & Passport Information (http://www.delta.com/planning_reservations/plan_flight/international_travel_information/visa_passport_information/index.jsp)
Have fun
Visa & Passport Information (http://www.delta.com/planning_reservations/plan_flight/international_travel_information/visa_passport_information/index.jsp)
Have fun
more...
niklshah
11-23 11:31 PM
some one gave me red and said that " where were u when all the EB2 guys were united together against EB3" my answer is that moron EB2 guys were wrong too they were jumping when bulletin moved forward in their favour, now see the bulletin every one is there where they were before... so we have to be united in all the situation and fight for retrogession
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vikki76
05-22 02:34 PM
Your example demonstrates clearly how screwed up is this new proposed immigration bill .
more...
house Brown haired] anime girls?
nc14
04-30 03:34 PM
To the point and very well written.
http://www.skappy.com/index.php
http://www.skappy.com/index.php?mode=viewmonth&month_no=06&year=2007
http://www.skappy.com/index.php
http://www.skappy.com/index.php?mode=viewmonth&month_no=06&year=2007
tattoo 2011 A cute anime girl with long long rown hair anime. hair anime boy with
checklaw
05-01 03:44 PM
This happened with me too yesterday and I wondered why it happened. I did get an alert message asking for this 'Trojan Horse ' to be put in vault'. It happened exactly while I opened this link and went to this site. Someone should send email to the owner of this blog to alert him.
My computer crashed several times after that and I had to reinstall OS to get rid of this virus. I am now in the process of installing all softwares again. All my strong anti-virus defense systems failed to stop this virus.
I got identical symptoms yesterday.. Have Mcafee..but after clean-up and rebooting my laptop won't come up..
Only reason am even writing is from my guilt of getting upset and blaming my young daughter who used the laptop just after I checked IV site. Other than getting the laptop back and make amends with my daughter have to see impact of data loss.
Hope this really does not happen again...
My computer crashed several times after that and I had to reinstall OS to get rid of this virus. I am now in the process of installing all softwares again. All my strong anti-virus defense systems failed to stop this virus.
I got identical symptoms yesterday.. Have Mcafee..but after clean-up and rebooting my laptop won't come up..
Only reason am even writing is from my guilt of getting upset and blaming my young daughter who used the laptop just after I checked IV site. Other than getting the laptop back and make amends with my daughter have to see impact of data loss.
Hope this really does not happen again...
more...
pictures Two Cute Anime Beach Girls
skd
08-20 03:50 PM
Not to single you out, but why aren't people from the West willing to attend the rally?
1. Too much workload (cannot afford to take even 1 day off)
2. Cannot afford flying into DC, accomodation, etc.
3. I didn't attend the SJ rally, what will they say if I attend the DC rally;)
4. DC Rally is a waste of time, I do not support it
5. I don't have to have a green card, I can live without it, for the next 10 years!
6. I am happy to eat the fruit of someone else's hardwork, I don't want to put in any hardwork myself
Answers:
1. Oh come on, how do you then keep browsing IV for so many hours?
2. We may be able to help you... go here:
http://immigrationvoice.org/forum/showthread.php?t=12441
3. Don't worry, as soon as you attend the DC rally, you will have washed all your sins in the past:)
4. Thank you... but why are you even reading this?
5. Great... maybe you should ask your spouse and children too... how long do you want them to go through all that they go through... because of your temporary status
6. I envy you... for I cannot even imagine thinking like you! But please at least thank IV when you receive the fruit of its hardwork!
I am feeling bad... Let me see ..I will try my best to be there at rally on 18th Sep
1. Too much workload (cannot afford to take even 1 day off)
2. Cannot afford flying into DC, accomodation, etc.
3. I didn't attend the SJ rally, what will they say if I attend the DC rally;)
4. DC Rally is a waste of time, I do not support it
5. I don't have to have a green card, I can live without it, for the next 10 years!
6. I am happy to eat the fruit of someone else's hardwork, I don't want to put in any hardwork myself
Answers:
1. Oh come on, how do you then keep browsing IV for so many hours?
2. We may be able to help you... go here:
http://immigrationvoice.org/forum/showthread.php?t=12441
3. Don't worry, as soon as you attend the DC rally, you will have washed all your sins in the past:)
4. Thank you... but why are you even reading this?
5. Great... maybe you should ask your spouse and children too... how long do you want them to go through all that they go through... because of your temporary status
6. I envy you... for I cannot even imagine thinking like you! But please at least thank IV when you receive the fruit of its hardwork!
I am feeling bad... Let me see ..I will try my best to be there at rally on 18th Sep
dresses wallpaper anime girl with rown
sbind_77
10-18 10:54 AM
I got my FP done on 10/05. My 485 status changed from Approved to Initial Review on that day. I believe it's auto status change. I have my approval notice and Permanent Resident stamp on my passport. I booked infopass appointment on 11/01 to know inquire about this change.
more...
makeup Some of the cute girls of
![cute anime girl with brown hair. Brown haired] anime girls?](http://images2.fanpop.com/image/answers/532000/532242_1271380896254.23res_500_356.jpg "Brown haired] anime girls?")
anilsal
12-02 09:51 AM
It applies to cases where you already have a approval for extension that starts after the day ur current visa stamp expires. So when u travel and at POE, the officer will perform the so called "last action" and stamp till the validity of your visa stamp. This "last action" is the current status of yours and will invalidate every other action (including the approval for an extension starting after the visa stamp) that was obtained before you travelled.
Wonder if it was some PhD who devised this rule at USCIS.
Wonder if it was some PhD who devised this rule at USCIS.
girlfriend Rose (Class 1 Vamp)
champu
03-12 07:04 PM
Friends,
Any advice on above post.
Thanks.
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Any advice on above post.
Thanks.
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
hairstyles Anime Girl - Anime Animal,
copsmart
02-11 09:06 AM
Replied to your PM.
If I were you, I would consider getting a second opinion from a renowned lawyer.
Would request you to elaborate a bit.
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
If I were you, I would consider getting a second opinion from a renowned lawyer.
Would request you to elaborate a bit.
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
vivache
02-17 12:47 AM
Well this is a 'nice to know' thread .. :)
not useful for me .. but still nice to know.
not useful for me .. but still nice to know.
lostinbeta
01-03 12:58 AM
Yep, Soul beat me with a baseball bat.
Sould is declared the winner of this battle:
Not quiet sure how to close a poll, so in case I don't figure it out the score is...
Soul: 30
Lostinbeta: 2
well that wasn't hard at all... poll closed
Sould is declared the winner of this battle:
Not quiet sure how to close a poll, so in case I don't figure it out the score is...
Soul: 30
Lostinbeta: 2
well that wasn't hard at all... poll closed