h1techSlave
04-17 10:37 AM
Thank you Mr. Hammer.
My question was about H4 + 485 pending? Then what is the status? I have earlier given EAD, but they did not accept that. I am submitting 485 receipt with A#. Let me see how it goes.
EAD is not a visa status. It is an employment authorization document. Of course they will not accept it in lieu of H-1B.
What you need to do is show them the receipt of your I-485 application with the A#.
In my case too he asked me if I was on EAD and I said yes. He said that I should then give him a copy of I-485 receipt. However, since I also maintain H-1B visa, I just gave him that.
My question was about H4 + 485 pending? Then what is the status? I have earlier given EAD, but they did not accept that. I am submitting 485 receipt with A#. Let me see how it goes.
EAD is not a visa status. It is an employment authorization document. Of course they will not accept it in lieu of H-1B.
What you need to do is show them the receipt of your I-485 application with the A#.
In my case too he asked me if I was on EAD and I said yes. He said that I should then give him a copy of I-485 receipt. However, since I also maintain H-1B visa, I just gave him that.
jelo
05-14 01:26 PM
When your employer filed for revocation of I-140, on 02/03/2009 the officer might have performed an action of disapproval instead of revoke and also the date of action not updated (and you got the soft LUD not hard).
This will let the current officer to see as disapproved on 09/04/2007 ?. Just a thought.
This will let the current officer to see as disapproved on 09/04/2007 ?. Just a thought.
tikka
07-18 02:04 PM
As a $20 recurring contributor till now, I am upgrading my monthly contribution to $50 from today onwards.
Good luck to everyone and my wishes to IV CORE.
Also IV membership just crossed the 21000 mark.
Threads: 5,912, Posts: 118,961, Members: 21,000 , Active Members: 14,163
for your contribution.. :)
Good luck to everyone and my wishes to IV CORE.
Also IV membership just crossed the 21000 mark.
Threads: 5,912, Posts: 118,961, Members: 21,000 , Active Members: 14,163
for your contribution.. :)
sj2273
08-18 09:52 AM
done!
more...
bidhanc
03-11 10:51 AM
I guess it's not a VERY GOOD IDEA THEN.
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
as per this document, you can port to yourself. (Question #8)
But below are the reasons why I am backing off of opening an LLC on spouse name and porting to that.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=8231099851
also google 'UntanglingSkein_BIB_15jan07.pdf"
http://www.morganlewis.com/pubs/UntanglingSkein_BIB_15jan07.pdf
"This suggests, fairly clearly, that any communication to the USCIS per the Cronin Memo that the adjustment applicant intends to become self-employed is likely to trigger an RFE to inquire into the legitimacy of this arrangement. Legitimacy in this context is likely to be gauged by the concrete steps the beneficiary has taken in furtherance of the self-employment arrangement, understanding that only full-time and permanent employment will suffice for immigration purposes. Such steps would include the completion of legal and corporate formalities, the securing of financing, the purchase or lease of business premises and equipment,the development of a detailed business plan, the hiring of employees, and any other measures typically taken in the establishment of a business. Vague aspirational statements, however ambitious, about future plans to develop a business are unlikely, in the absence of tangible proof, to be accepted as probative of the requisite legitimacy of the self-employer and job offer."
Also, one relevant footnote in the document -
"At the AILA National Conference in 2003, a USCIS officer indicated that an attempt to invoke �106(c) in a selfemployment context is likely to raise �a big red flag� for an adjudicator, and that self-employment may be viewed as �an easy alternative� for aliens who are unable to find employment to sustain their adjustment-of-status applications. Schorr & Yale-Loehr, supra note 2, at 499. It should also be noted that the Memos view the possibility of an adjustment applicant becoming a public charge (and thus being inadmissible under INA �212(a)(4)) as being �a relevant inquiry� and that an RFE requesting information about a self-employment arrangement is likely to probe whether or not the applicant has sufficient financial resources to avoid becoming such a public charge."
In all the docs that I went thru I could not see a difference between
"I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).
I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
(What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
Anyone see otherwise?
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
as per this document, you can port to yourself. (Question #8)
But below are the reasons why I am backing off of opening an LLC on spouse name and porting to that.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=8231099851
also google 'UntanglingSkein_BIB_15jan07.pdf"
http://www.morganlewis.com/pubs/UntanglingSkein_BIB_15jan07.pdf
"This suggests, fairly clearly, that any communication to the USCIS per the Cronin Memo that the adjustment applicant intends to become self-employed is likely to trigger an RFE to inquire into the legitimacy of this arrangement. Legitimacy in this context is likely to be gauged by the concrete steps the beneficiary has taken in furtherance of the self-employment arrangement, understanding that only full-time and permanent employment will suffice for immigration purposes. Such steps would include the completion of legal and corporate formalities, the securing of financing, the purchase or lease of business premises and equipment,the development of a detailed business plan, the hiring of employees, and any other measures typically taken in the establishment of a business. Vague aspirational statements, however ambitious, about future plans to develop a business are unlikely, in the absence of tangible proof, to be accepted as probative of the requisite legitimacy of the self-employer and job offer."
Also, one relevant footnote in the document -
"At the AILA National Conference in 2003, a USCIS officer indicated that an attempt to invoke �106(c) in a selfemployment context is likely to raise �a big red flag� for an adjudicator, and that self-employment may be viewed as �an easy alternative� for aliens who are unable to find employment to sustain their adjustment-of-status applications. Schorr & Yale-Loehr, supra note 2, at 499. It should also be noted that the Memos view the possibility of an adjustment applicant becoming a public charge (and thus being inadmissible under INA �212(a)(4)) as being �a relevant inquiry� and that an RFE requesting information about a self-employment arrangement is likely to probe whether or not the applicant has sufficient financial resources to avoid becoming such a public charge."
hotammo
07-15 01:26 PM
Done
Confirmation Number: 7YF4N-40L42
Confirmation Number: 7YF4N-40L42
more...
bobzibub
06-11 04:04 PM
I keep reading we should fight for out rights and all. I am just curious
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
People don't come here to work for someone else. They come to work for themselves (and eventually) hire Americans. If USCIS released their internal data as they've been asked and the numbers show that you've got to wait two decades for a green card, that is tantamount to them hanging a sign saying: "We don't serve Indians; We don't serve Chinese." They might as well just close and wind down operations.
People come for economic opportunity, and economic opportunity when you work for someone else is limited. Certainly less than in Canada, India and China when you work for yourself. People bring their creativity and ideas and hard work and the US benefits immensely from this skilled labour pool. They've also come because USCIS has put the foot ball in front of them, only to pull it back after we're years into the process.
A sign saying "We don't serve Indians or Chinese" *is* discrimination. But I would also use the word "fraud" for that is what it is: We paid for an advertised service. We spent years waiting for that service. We did not get that service. Pretty simple.
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
People don't come here to work for someone else. They come to work for themselves (and eventually) hire Americans. If USCIS released their internal data as they've been asked and the numbers show that you've got to wait two decades for a green card, that is tantamount to them hanging a sign saying: "We don't serve Indians; We don't serve Chinese." They might as well just close and wind down operations.
People come for economic opportunity, and economic opportunity when you work for someone else is limited. Certainly less than in Canada, India and China when you work for yourself. People bring their creativity and ideas and hard work and the US benefits immensely from this skilled labour pool. They've also come because USCIS has put the foot ball in front of them, only to pull it back after we're years into the process.
A sign saying "We don't serve Indians or Chinese" *is* discrimination. But I would also use the word "fraud" for that is what it is: We paid for an advertised service. We spent years waiting for that service. We did not get that service. Pretty simple.
pappu
11-17 11:52 PM
Hi everyone,
I would like to have a conference call this Sunday between 3pm-3:30 pm. Please tell me if this will work out for you all? Please shoot me an e-mail at amitg_2000@hotmail.com with your availability, your phone number and most accessed e-mail account.
Once everyone confirms I will forward some discussion points for the call.
I look foward to hearing back from you.
Thanks,
JH
Thank you Jimi for taking the lead and starting the chaper work.
I would like to have a conference call this Sunday between 3pm-3:30 pm. Please tell me if this will work out for you all? Please shoot me an e-mail at amitg_2000@hotmail.com with your availability, your phone number and most accessed e-mail account.
Once everyone confirms I will forward some discussion points for the call.
I look foward to hearing back from you.
Thanks,
JH
Thank you Jimi for taking the lead and starting the chaper work.
more...
new2perm
01-05 10:54 PM
AP applied for on 17th August @ Nebraska. Status is pending.
samnay
07-18 01:11 PM
Contributed another $100. I am not very active member on this board but I do follow it regularly and I have made contributions in the past.
Let me also take this opportunity to thank IV for putting legal EB immigration on the front page and its ability to galvanize the grass-root efforts in the momentum not seen before. I think we can only go forward from here and if we keep united, make regular contributions and fight for our justified cause, we can do wonders!
I will also exhort other non-members and members for bringing in more people to this forum and helping with contributions.
Thanks
Let me also take this opportunity to thank IV for putting legal EB immigration on the front page and its ability to galvanize the grass-root efforts in the momentum not seen before. I think we can only go forward from here and if we keep united, make regular contributions and fight for our justified cause, we can do wonders!
I will also exhort other non-members and members for bringing in more people to this forum and helping with contributions.
Thanks
more...
amit_sp
03-04 10:18 AM
In my case; I was offered a refinancing rate that was 0.5% more than what I would pay if I were a GC holder. The reasoning is the short term validity of H1. Ironically I wasn't discriminated 3 years ago when I bought my house. At that time; I even didn't have my labor cert cleared. Now 3 years down the line; I have cleared first 2 stages and applied to I-485; bank charges me more :) Weird!!!!
beppenyc
03-16 09:34 AM
I see, still nothing on the real player.
more...
lonedesi
08-11 12:56 PM
Hi All
I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?
Congrats. You are one of those lucky ones. Be thankful to USCIS that you got your I-140 approved so fast.
I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?
Congrats. You are one of those lucky ones. Be thankful to USCIS that you got your I-140 approved so fast.
eb3_nepa
06-10 10:28 AM
Phone calls "is the need of the hour" - please call the CHC members urging them to support Congresswoman Lofgren's bills.
Making phone calls is the best form of Gandhigiri at this moment
Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.
Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.
Making phone calls is the best form of Gandhigiri at this moment
Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.
Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.
more...
singhsa3
07-20 04:03 PM
The numbers are assumptions and NOT facts. Most of these numbers have actually been pulled from other places or based on some rationale (for example 750,000 from Matthew Oh site, 5 minutes/EAD based on what need to be done to print out a card and pack in an envelop)
Workforce of 30 though is a gross assumption. Bigger the number better it is. So we may actually want to question USCIS if there are any resource constraints.
Outsourcing is a perfect Idea! What do you have in mind Wipro at Banglore? :D
What about receipt notices? Isn't that teh first step? I do not believe it will take 20 months to get a receipt notice. Are you sure they have only 30 folks for EAD. Is that a known fact? What if it is 300?
How about outsourcing it?
Workforce of 30 though is a gross assumption. Bigger the number better it is. So we may actually want to question USCIS if there are any resource constraints.
Outsourcing is a perfect Idea! What do you have in mind Wipro at Banglore? :D
What about receipt notices? Isn't that teh first step? I do not believe it will take 20 months to get a receipt notice. Are you sure they have only 30 folks for EAD. Is that a known fact? What if it is 300?
How about outsourcing it?
Milind123
09-12 05:29 PM
Hi IV members,
Thanks for all the work and effort put into making the life of many simple.
Just made a small contribution from my side
Details
$100 from paypal Receipt ID: 0140-0216-9540-2146
Thanks
-Ska
Way to go first post and a contribution.
Thanks for all the work and effort put into making the life of many simple.
Just made a small contribution from my side
Details
$100 from paypal Receipt ID: 0140-0216-9540-2146
Thanks
-Ska
Way to go first post and a contribution.
more...
man-woman-and-gc
06-11 02:18 PM
I agree GC makes a difference. If anyone as EAD thats as good as GC subject to your primany job not changing. So why not do side -business on EAD while your primary job is ON. Take it easy at job, dont overwork because without GC rarely people get promoted, if they are not extra-ordinary!
Going to XYZ place because of no GC does not make sense. If you have potential you can use it here on EAD not necessarily in another country!
If u take it easy at ur job in today's date..u may get fired and lose ur side business as well. Remember, your primary job is the reason why u have the EAD and and are able to setup a side business. The Primary job according to me will always need to get its due importance.
There is no question that GC makes a difference in life. However, its upto each one of us how much importance we give to it. My personal opinion, I will keep fighting for it and contribute to the fight against the broken process whenever I can..but I will not stop my life because of GC, example, buy a house, travel around, give my wife an opportunity to excel in her job (since i cannot take promotions until GC).....all these are difficult without GC, but not impossible.
Everyone will and should have their own way of dealing with the situation we have...
Going to XYZ place because of no GC does not make sense. If you have potential you can use it here on EAD not necessarily in another country!
If u take it easy at ur job in today's date..u may get fired and lose ur side business as well. Remember, your primary job is the reason why u have the EAD and and are able to setup a side business. The Primary job according to me will always need to get its due importance.
There is no question that GC makes a difference in life. However, its upto each one of us how much importance we give to it. My personal opinion, I will keep fighting for it and contribute to the fight against the broken process whenever I can..but I will not stop my life because of GC, example, buy a house, travel around, give my wife an opportunity to excel in her job (since i cannot take promotions until GC).....all these are difficult without GC, but not impossible.
Everyone will and should have their own way of dealing with the situation we have...
imm_pro
09-11 04:32 PM
wow..what a novel and legal way to humiliate...yes i am in
red200
12-11 04:47 PM
Folks,
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
Thanks to IV for that ..
But the word "later" seems to be very distant, not just for us. but for the dependents too
I believe this is administrative fix at least pre filing . This is more acheivable
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
Thanks to IV for that ..
But the word "later" seems to be very distant, not just for us. but for the dependents too
I believe this is administrative fix at least pre filing . This is more acheivable
GCBy3000
06-03 02:38 PM
Yes every member has their own issues. We cannot solve individual issue one by one. That is why you have to contribute to IV and join hands with IV to solve our issue.
Also, if this May 15th date is true, then why the hell in world the backlog center is still open and working on dead cases. The cases will be dead only if the law is passed. May be they are also confused as we are.
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
Also, if this May 15th date is true, then why the hell in world the backlog center is still open and working on dead cases. The cases will be dead only if the law is passed. May be they are also confused as we are.
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
ashutrip
06-22 11:34 AM
If PD means the date you filed your LC then its May 8th, still not over 90 days.
its the day ur LC was filed!!
its the day ur LC was filed!!
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