jasguild
07-16 11:09 PM
I hear what you are saying. I am just saying this is a band aid solution.
jasquil
jasquil
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lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
ramus
07-02 04:15 PM
Yes, please dont include money for US CIS fees as you will get that money back.
I spent $500 for medical.
Lawyer fee and other expenses (fedex etc) (around $2000) - paid by my company.
plus $1500 is filing fee (which I guess should be refunded).
I spent $500 for medical.
Lawyer fee and other expenses (fedex etc) (around $2000) - paid by my company.
plus $1500 is filing fee (which I guess should be refunded).
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insbaby
10-28 09:18 PM
that's exactly what we did you self-righteous prig!
When we didn't like something, we came out and expressed it.
Tough crowd :rolleyes: :rolleyes: :rolleyes:
When we didn't like something, we came out and expressed it.
Tough crowd :rolleyes: :rolleyes: :rolleyes:
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fromnaija
02-12 11:13 AM
Does it really make sense for a CP filer to get EAD? Interim benefits are for AOS filers and rightly so too as a CP filer is deemed to be outside the USA.
meridiani.planum
02-21 12:30 AM
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
I second that. Why a visit at home? Workplace is the obvious place (actually calling YOU in the normal interview method). Call back and confirm... this could be a prank from some soon to be "ex" friend.
I second that. Why a visit at home? Workplace is the obvious place (actually calling YOU in the normal interview method). Call back and confirm... this could be a prank from some soon to be "ex" friend.
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coloniel60
08-15 05:04 PM
To
"Folks who are Re-Filing just out of anxiety",
Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?
Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.
SuperUsers and Moderators - What is your take on this ??
Thanks,
You think they will stick to the 90 days estimate if none of us refile?
"Folks who are Re-Filing just out of anxiety",
Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?
Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.
SuperUsers and Moderators - What is your take on this ??
Thanks,
You think they will stick to the 90 days estimate if none of us refile?
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uma78
02-10 06:21 PM
Guys,
I got this email from USCIS for me and my wife application, what does it mean? Thank you in advance:
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: WACXXXXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
I got this email from USCIS for me and my wife application, what does it mean? Thank you in advance:
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: WACXXXXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
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eb3retro
07-16 11:32 AM
immigrant2007, you just spoke my mind. My thoughts are just the same like yours. Thank you for writing a meaningful post.
1) Please update your profile.
2) It's sad that we are getting GCs at the expense of people of came here illegally. Our efforts are held hostage by both parties (It's simple), One party wants to win votes of one group and the other wants to wins votes as well of a different group. It's not about "DOING THE RIGHT THING". If it was about "DOING THE RIGHT THING" there would never had been a backlog. Backlog elimination center was created just to put some cases on hold and clear cases of 245i applicants (USCIS will never allow us access to that data)
3) DOING THE RIGHT THING....why unequal penalties of the parties who break the immigration Law. All punishment is directed towards the employee. EMployer only gets fine. Make punishment stricter for employers, (hit them where it hurts most, jail them and shut down their business)there will never be any illegal immigrant getting jobs. there whould be equal punishment for both.
4) Why this doble standard when it comes to immigration. why don't people oppose when jobs are transferred in name of outsroucing or shifting production to cheapr countries? Anti Immigants are biggest Hypocrites ever and Pro immigrants are not representins immigrants properly. No one focuses on the injsutice done to legal aliens.
5) I am EB3, I followed Law, I am in backlog because Govt did not process the cases in 2001 , 2002, 2003 in time and created a backlog and I resisted the temptation to break laws and buy Labor substitution AND I openly say that I oppsoe illegal immigration and amesty to illegeal immigrants (and I do feel sorry for them. god bless them they deserve a better life).
I am one of those who need Immigration reform immediately. Justice delayed is jsutice denied (rest is all face saving).
1) Please update your profile.
2) It's sad that we are getting GCs at the expense of people of came here illegally. Our efforts are held hostage by both parties (It's simple), One party wants to win votes of one group and the other wants to wins votes as well of a different group. It's not about "DOING THE RIGHT THING". If it was about "DOING THE RIGHT THING" there would never had been a backlog. Backlog elimination center was created just to put some cases on hold and clear cases of 245i applicants (USCIS will never allow us access to that data)
3) DOING THE RIGHT THING....why unequal penalties of the parties who break the immigration Law. All punishment is directed towards the employee. EMployer only gets fine. Make punishment stricter for employers, (hit them where it hurts most, jail them and shut down their business)there will never be any illegal immigrant getting jobs. there whould be equal punishment for both.
4) Why this doble standard when it comes to immigration. why don't people oppose when jobs are transferred in name of outsroucing or shifting production to cheapr countries? Anti Immigants are biggest Hypocrites ever and Pro immigrants are not representins immigrants properly. No one focuses on the injsutice done to legal aliens.
5) I am EB3, I followed Law, I am in backlog because Govt did not process the cases in 2001 , 2002, 2003 in time and created a backlog and I resisted the temptation to break laws and buy Labor substitution AND I openly say that I oppsoe illegal immigration and amesty to illegeal immigrants (and I do feel sorry for them. god bless them they deserve a better life).
I am one of those who need Immigration reform immediately. Justice delayed is jsutice denied (rest is all face saving).
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Guig0
02-10 02:40 PM
how come we have more votes than posters? :-\
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Bthram
06-06 09:06 AM
What reason did you give for declining this promotion? what kind of company is this ? how big ? would your salary increase ?
Maybe if you answer this, I could think of something..but as of now..if its a good company and you like it..explain to them the nitty gritties about how change in occupation, classification, salary etc would jeopardize your GC process...i can give more suggestions if you want to send me a PM..
Congrats on the promotion tho..:)
Answers to the questions above:
1. The company is a Manufacturing company.
2. They have 17,000 employees.
3. Yes. Salary has changed but not significantly.
Maybe if you answer this, I could think of something..but as of now..if its a good company and you like it..explain to them the nitty gritties about how change in occupation, classification, salary etc would jeopardize your GC process...i can give more suggestions if you want to send me a PM..
Congrats on the promotion tho..:)
Answers to the questions above:
1. The company is a Manufacturing company.
2. They have 17,000 employees.
3. Yes. Salary has changed but not significantly.
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spindoctor
07-19 06:51 PM
She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.
Good point. Restart thinking process...what a mess...
Good point. Restart thinking process...what a mess...
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eb3retro
09-19 03:08 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
sorry i have to ask you this question, (after seeing your post), did you attend the rally??
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
sorry i have to ask you this question, (after seeing your post), did you attend the rally??
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akgind
07-13 05:22 PM
I think IV should lobby to have the DREAM Act applied to all children, whether legal or illegal.
I am a legal skilled immigrant, came her in 1995 and still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
Exactly this has been made clear by IV core taht Dream ACT is not for IV community...IGNORE IT
I am a legal skilled immigrant, came her in 1995 and still in line for GC. My son aged-out 3 years ago, and daughter will age-out in a month. Both of them would be on path to GC and citizenship under the DREAM Act....only if they had come here as undocumented. The DREAM Act allows the benefit till age 30, whereas legal dependants age-out at 21. Why this discrimination against legal entrants?
Exactly this has been made clear by IV core taht Dream ACT is not for IV community...IGNORE IT
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swadeshi
08-31 07:52 PM
We have been calling and talking to ppl all over new england area.
But we have hardly been able to get a convincing number of ppl to attend the rally.
Have you watched the bus thread for New England Area. 26 votes, can you believe that.
We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.
Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.
Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.
LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.
Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.
I have an idea how abt asking the hispanic community to be a part of this rally, they would definitively oblige more easily than our own i guess"" just kidding:)
But we have hardly been able to get a convincing number of ppl to attend the rally.
Have you watched the bus thread for New England Area. 26 votes, can you believe that.
We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.
Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.
Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.
LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.
Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.
I have an idea how abt asking the hispanic community to be a part of this rally, they would definitively oblige more easily than our own i guess"" just kidding:)
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franklin
10-11 04:44 PM
Its not all about being Wise. I was stuck in a BEC for some time, but my company refused to refile under PERM for me.
Folks who missed the window - believe me, despite some insensitive remarks now, and in the past, IV is here for you and is working on your unfortunate predicament.
My best advice to those affected by the continuing BEC mire is to join your state chapter, make sure your voice is heard on a local, grassroots level.
Folks who missed the window - believe me, despite some insensitive remarks now, and in the past, IV is here for you and is working on your unfortunate predicament.
My best advice to those affected by the continuing BEC mire is to join your state chapter, make sure your voice is heard on a local, grassroots level.
more...
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gcdreamer05
01-05 11:14 AM
Folks,
I agree 100% with the previous post person.
I myself am a PMP. It is very easy to do one, you need to have the right project mgmt experience (PMI may audit it) and you need to prepare for few months and you can clear it easily.
But the question is, more than the exam it is the practical experience, sometimes this job can be so frustrating and you feel like a sandwich being hit on both sides.
If you already have a PM experience and you dont have the certification, definetly go for it, it is worth the spending.
Again remember it expires in 3 yrs , you got to keep renewing your PDUs to stay current... its not like MCSD or MCAD which is for life long...
I agree 100% with the previous post person.
I myself am a PMP. It is very easy to do one, you need to have the right project mgmt experience (PMI may audit it) and you need to prepare for few months and you can clear it easily.
But the question is, more than the exam it is the practical experience, sometimes this job can be so frustrating and you feel like a sandwich being hit on both sides.
If you already have a PM experience and you dont have the certification, definetly go for it, it is worth the spending.
Again remember it expires in 3 yrs , you got to keep renewing your PDUs to stay current... its not like MCSD or MCAD which is for life long...
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hsingh82
06-10 04:46 PM
Realistically ... What if they retrogress enuf to a date when v ver a British colony (rather than sovereign nation) and we change our country to chargeability :confused:?
Good one!
Good one!
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24fps
02-21 03:25 AM
write back about what happened/didnt happen in the visit
interesting
interesting
hopefull
07-06 04:13 PM
http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US
22 diggs already. 500 diggs will make it a top story!
LITERALLY BEGGING FORYOUR GCs.
THEY ARE KICKING US OUT AFTER USING US YET WE PROCLAIM OUR SELVES TO BE LOYAL TO AMERICANS...
NOT ONE HAVE I SEEN WITH SELF RESPECT WHO WOULD SAY ...WE SHOULD WORK TOWARDS BUILDING INDIA SO THAT THE FUTURE GENERATIONS WONT HAVE TO KISS THE WHITE ARCE...
SHORTCUTS ...huh ...??
DISGUSTING
22 diggs already. 500 diggs will make it a top story!
LITERALLY BEGGING FORYOUR GCs.
THEY ARE KICKING US OUT AFTER USING US YET WE PROCLAIM OUR SELVES TO BE LOYAL TO AMERICANS...
NOT ONE HAVE I SEEN WITH SELF RESPECT WHO WOULD SAY ...WE SHOULD WORK TOWARDS BUILDING INDIA SO THAT THE FUTURE GENERATIONS WONT HAVE TO KISS THE WHITE ARCE...
SHORTCUTS ...huh ...??
DISGUSTING
gc_on_demand
06-17 12:31 PM
I too spend 1500 in 2006 becasue dates were not avaialble in india at that time... ( Iremeber ( 2-3 ) months waiting was there .. and Canada has 1-2 weeks.
I also lost wages for 3 days in 2006.
I also lost wages for 3 days in 2006.
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