Becks
08-03 04:47 PM
USCIS will consider only your qualifications and experience only at the time of applying for labor against the jobs requirements. You dont have to update USCIS with your latest qualifications.
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ChangeIsNeeded
08-25 01:45 PM
Hi! I hope this is the right place to post this. If not, can you please tell me where it should be posted?
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
pd_recapturing
01-14 04:20 PM
Well, there is no requirement from USCIS that forces companies to revoke 140 after employees leave or get laid off from the company. Its more to do with ability to pay issue. When a company receives a ability to pay rfe, it needs to show all the financial records along with how many 140s have been applied by them. USCIS checks the financial docs and number of 140s (underline wages) to make sure that company can pay wages. Most of the time, small time consulting companies get A2P rfe so mostly they revoke the 140s but in this economy, we can't be sure about big companies too.
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m2kkk
07-31 12:29 PM
I don't see the gain. Although a fresh L petition has better chance of approval, you still have to get a visa approved, which may get rejected.
Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.
Thanks ! I dont know if the reasons for rejection are entirely based on merits of the petition but from experience of my coworkers around here, the employer advises a fresh petition. If I wish to go for a fresh petition how soon can I travel before my VISA expiry date ? Is there any deadline stipulated ? My VISA expires on 11/18/2008. Can I travel in Sept and submit a fresh petition for approval ?
Thanks
Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.
Thanks ! I dont know if the reasons for rejection are entirely based on merits of the petition but from experience of my coworkers around here, the employer advises a fresh petition. If I wish to go for a fresh petition how soon can I travel before my VISA expiry date ? Is there any deadline stipulated ? My VISA expires on 11/18/2008. Can I travel in Sept and submit a fresh petition for approval ?
Thanks
more...
sreenivas11
01-02 07:39 PM
I am filing for Advance Parole for my wife. What documents do you suggest I submit along with the application in addition to those listed on USCIS website? What is a better option to use - e-filing or via regular mail?
She plans to travel around last week of February. Is there a way to expedite processing of the AP document? Do I need to buy an airline ticket for her in advance to show the urgency of AP?
Response will be greatly appreciated!
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
She plans to travel around last week of February. Is there a way to expedite processing of the AP document? Do I need to buy an airline ticket for her in advance to show the urgency of AP?
Response will be greatly appreciated!
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
Blog Feeds
06-26 03:40 PM
If you hold a green card and know in advance that you must be outside the United States for more than one year, it's worth applying to USCIS for a reentry permit (http://www.h1b.biz/lawyer-attorney-46E25CCD-3076-4CAE-B8909FA9BFF73FEA.html). This lets you to stay away for up to two years.
You should send in your application before leaving. Your reentry permit will serve as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed. I assume this is due to fact that many Green Card holders living abroad were trying to apply for the permit from overseas. In order to stp the practice, USCIS is trying to impose the strict biometrics schedule to make sure applicants apply form inside the US.
Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe.
Here is a good tip to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.
More... (http://www.visalawyerblog.com/2009/06/how_to_keep_you_green_card_cha.html)
You should send in your application before leaving. Your reentry permit will serve as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed. I assume this is due to fact that many Green Card holders living abroad were trying to apply for the permit from overseas. In order to stp the practice, USCIS is trying to impose the strict biometrics schedule to make sure applicants apply form inside the US.
Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe.
Here is a good tip to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.
More... (http://www.visalawyerblog.com/2009/06/how_to_keep_you_green_card_cha.html)
more...
djmaddy
07-18 12:23 PM
Thanks a lot Kirupa!
2010 Star Wars - Empire at War Gold
vin13
05-17 11:17 AM
With the possiblity of the annual spillover coming up soon, wanted a quick poll to see the upcoming PD distribution within the IV community. EB2-India and waiting for adjudication only please (we can start another one for EB3-I & ROW)
USCIS provides pending 485 inventory
DOS issues demand data used for monthly visa bulletin calculations.
When these informations are now available, there is no use/need for a poll of this kind. It boils down to why take sample data when you have complete data provided by USCIS and DOS.
USCIS provides pending 485 inventory
DOS issues demand data used for monthly visa bulletin calculations.
When these informations are now available, there is no use/need for a poll of this kind. It boils down to why take sample data when you have complete data provided by USCIS and DOS.
more...
radhagd
02-20 09:21 AM
Yes you can use your Company A experience for applying EB2 in COmpany B.
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vin13
05-28 12:47 PM
IVians,
Wondering if anyone on this forum at had applied for unemployment benefits in the state PA. My wife who has a dependent AOS pending wnats to file the claim and see if it gets approved.
on PA state Govt. website, it is asking for the Alien registration number(A#?) if the person is not a US citizen.Is it o.k to provide the A# ?? Also, since my spouse worked on 1099-Misc for a while,we don't think they are going to accept our Applictaion to provide unemployment benefits. But we just gonna try and see...
Please advise?
Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?
To answer your question,
Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.
You would qualify for Unemployment in PA as long as there is a pending green card application.
Offcourse the applicant should have earned income in the previous year to qualify.
I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.
Wondering if anyone on this forum at had applied for unemployment benefits in the state PA. My wife who has a dependent AOS pending wnats to file the claim and see if it gets approved.
on PA state Govt. website, it is asking for the Alien registration number(A#?) if the person is not a US citizen.Is it o.k to provide the A# ?? Also, since my spouse worked on 1099-Misc for a while,we don't think they are going to accept our Applictaion to provide unemployment benefits. But we just gonna try and see...
Please advise?
Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?
To answer your question,
Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.
You would qualify for Unemployment in PA as long as there is a pending green card application.
Offcourse the applicant should have earned income in the previous year to qualify.
I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.
more...
raysaikat
08-14 10:51 AM
HI,
I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.
Any information is appreciated.
Thanks,
It is a taxable income (you got a commission for a service). However such a small change in your total household income should change your tax liability very little, and usually people would not bother to withold tax before passing it on. Also if you pass it on, that will probably fall under "gift" and will have different tax codes. For a small amount, such hassles may not be worth. Of course if you get such commissions regularly, or if it a sizable part of your total income, then you need proper calculations.
I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.
Any information is appreciated.
Thanks,
It is a taxable income (you got a commission for a service). However such a small change in your total household income should change your tax liability very little, and usually people would not bother to withold tax before passing it on. Also if you pass it on, that will probably fall under "gift" and will have different tax codes. For a small amount, such hassles may not be worth. Of course if you get such commissions regularly, or if it a sizable part of your total income, then you need proper calculations.
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jthomas
05-04 10:16 PM
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
If you were on H1B
1. the employer has to provide you one way return ticket to your actual destination. this is the law.
If this can be done,
1. Tell your employer to give you one month vacation and keep you on the payroll. In that case, you can start applying for a job and if you get a job you should be saved. You would have to call employers rather than depending on rectruiters
2. If possible change to F1 visa,
3. Promptly apply for canadian immigration and move to canada, since you were in US in H1B there are high chances you would get a canadian PR within 6-8 months.
4. At least complete the FBI clearance when you are at US to apply for canadian PR.
5. Check for other oppurnities.
However,
1. Describe your skillset and the nature of work. Maybe someone from IV would help you.
2. Ask for help if you need something. Most of the IV members i got in touch are really helpful. In turn i have helped few of them.
J Thomas
Plz reply me soon
Thanks
If you were on H1B
1. the employer has to provide you one way return ticket to your actual destination. this is the law.
If this can be done,
1. Tell your employer to give you one month vacation and keep you on the payroll. In that case, you can start applying for a job and if you get a job you should be saved. You would have to call employers rather than depending on rectruiters
2. If possible change to F1 visa,
3. Promptly apply for canadian immigration and move to canada, since you were in US in H1B there are high chances you would get a canadian PR within 6-8 months.
4. At least complete the FBI clearance when you are at US to apply for canadian PR.
5. Check for other oppurnities.
However,
1. Describe your skillset and the nature of work. Maybe someone from IV would help you.
2. Ask for help if you need something. Most of the IV members i got in touch are really helpful. In turn i have helped few of them.
J Thomas
more...
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learning01
01-29 02:20 PM
We can't mount fire-fighting operation on each and every front. Let's ignore them.
We have a purpose to tell, educate, highlight the issues we all legal immigrants face. This has happened under this Republican Regime. Various reasons - mainly lack of funds, lack of green card numbers, lack of staff etc.
We can continue writing small specific personal letters to lawmakers. Then as a group we address employers asking them their effort to help them best employees.
I was browsing the jobs forum on craigslist and i was shocked to see some user urging people to call Senator Cornyn to not push H1 and Eb visa increases.
We have a purpose to tell, educate, highlight the issues we all legal immigrants face. This has happened under this Republican Regime. Various reasons - mainly lack of funds, lack of green card numbers, lack of staff etc.
We can continue writing small specific personal letters to lawmakers. Then as a group we address employers asking them their effort to help them best employees.
I was browsing the jobs forum on craigslist and i was shocked to see some user urging people to call Senator Cornyn to not push H1 and Eb visa increases.
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eucalyptus.mp
02-18 08:11 PM
I want to transfer my H1 , I got aproject . But I dont have Jan Paystub . I have upto Dec 2008. will it cause any problem for transfer
more...
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dealsnet
05-04 04:56 PM
Even though at will employment, you can ask for ticket. When they applied for your petition, they agreed for all laws governing H1B. No excuse for them. If they do not agree, contact the labor department.
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
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immig4me
04-22 01:42 PM
check this out The Beacon: USCIS Welcomes You to The Beacon (http://www.uscis.gov/blog/2010/03/uscis-welcomes-you-to-beacon.html)
more...
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pom
10-09 06:07 PM
Originally posted by eilsoe
why not? Seems out of place. Everything is vaporous and this is just too solid :P
why not? Seems out of place. Everything is vaporous and this is just too solid :P
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sury
05-23 01:06 PM
I was little worried about filing AC21 when I am just 4 months away from GC. Filing AC21 with my current situation would not bother my GC then I am very much happy to switch over...Thanks everyone.
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raj2007
02-17 11:40 PM
Yes I declared my arrest in I485 and have got my EAD and AP aproved.
Did anyone in this situation travel on AP?
I think you should be OK.. try to consult the lawyer.
Did anyone in this situation travel on AP?
I think you should be OK.. try to consult the lawyer.
imneedy
08-13 03:46 PM
You will get your I-20 stamped with the start date. Also there will be a approval date on your I-797, which would be when your status becomes effective.
dano
05-04 04:57 PM
Can anybody recommend a good attorney in the DC metro area, I am trying to start the GC process and as I understand the LC (EB3 ROW) portion is very important and challenging currently.
I've heard of Murthy Law Firm and some other big name (in DC).
I've also looked at Ryan & Taylor based in Reisterstown, MD (same as Murthy).
thanks for your help!
-dan
I've heard of Murthy Law Firm and some other big name (in DC).
I've also looked at Ryan & Taylor based in Reisterstown, MD (same as Murthy).
thanks for your help!
-dan
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