conundrum
09-19 12:16 PM
One of friend is in a similar boat. While she was on her F1 she worked without authorization and since then she changed her status from F1 to F2 and finally to H4. Her husbands GC was approved, but hers wasn't. So now the attorney has filed for appeal based on 245K, as he feels that since she has left and country and re-entered it on multiple occasions on a different statuses the immigration officer should only look for inconsistencies in her application only from the time of last legal entry. Does this approach make sense. So what is her status now?
wallpaper 2011 Citroen C4 Front Side
txh1b
08-18 01:27 PM
WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
WH4 has nothing to do here with this case. WH4 is not panacea for anything to everything.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
WH4 has nothing to do here with this case. WH4 is not panacea for anything to everything.
sertasheep
03-07 05:58 PM
Immigration Voice will conduct conference calls periodically with immigration attorneys regarding issues affecting employment-based immigration.
The scope of discussion would be around issues pertaining to employment-based immigration law impacting highly-skilled primary beneficiaries as well as their dependents.
Immigration Voice provides this at no cost to all registered members. Members can benefit from this free advice, and access links to the recordings, transcripts and more.
How it works:
- Members email their questions to Immigration Voice (see procedure below)
- Since this is a pro-bono service from the attorneys at this time, please use your judgment on questions that are time-sensitive and require immediate consultation. Due to the volume of questions as well as availability of the attorney, please permit for more than the standard response time you would expect from a paid consultation
- During the pre-determined conference call, Immigration voice moderates the call and poses questions to the attorney
The lawyer(s) would answer accepted questions on the phone call in real time.
- We would allow one followup question from the person who originally submitted the question.
- The call and advice would be free to cost to everyone. After the call, the recording would be available for members to playback. If time permits, we will also post the pdf file transcript of questions-answers for the benefit of everyone.
- The question-answer session does not constitute any attorney-client relationship or any attorney-client privileges. The advice would be given based on information provided in the question which may not be sufficient for a complete answer.
- Questions that are related to H1, L1, H4, visa-stamping, employment based Green card etc will take higher priority over all other questions pertaining to areas of immigration that are not related to H1 or EB greencard. This is because this organization represents legal highly-skilled employment based immigrants.
- If your question is received after the cutoff date wherein the attorney accepts questions, such questions will be carried over to the next conference call due to paucity of time.
- Questions would be considered on a FIFO basis(First In, First Out), and a unique ID will be assigned to each question that will be used through the lifecycle of that question(Real FIFO, not BEC type FIFO).
How to submit your questions:
Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Email with Subject Line saying : Seeking Legal Opinion.
Email Address: legal_advise@immigrationvoice.org
Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.
------------------------------------------------------------------
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email them to us, to minimize the effort taken by us to clean up and send to the attorney. It provides a professional touch if we use formal, business English. (i.e., refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word, among other Word Processors provide excellent spell checkers and thesaurus options to help you with this.
------------------------------------------------------------------
IMPORTANT DISCLAIMER:
By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer:
The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
------------------------------------------------------------------
Recordings from Previously Held Conference calls:
These can be accessed at Immigration Voice's Blog on Blogspot.com (http://immigrationvoice.blogspot.com/)
Transcripts from Previously Held Conference calls:
Transcripts of previous calls can be accessed here (http://immigrationvoice.blogspot.com/2006/12/check-out-my-public-files-on-mydatabus.html)
The scope of discussion would be around issues pertaining to employment-based immigration law impacting highly-skilled primary beneficiaries as well as their dependents.
Immigration Voice provides this at no cost to all registered members. Members can benefit from this free advice, and access links to the recordings, transcripts and more.
How it works:
- Members email their questions to Immigration Voice (see procedure below)
- Since this is a pro-bono service from the attorneys at this time, please use your judgment on questions that are time-sensitive and require immediate consultation. Due to the volume of questions as well as availability of the attorney, please permit for more than the standard response time you would expect from a paid consultation
- During the pre-determined conference call, Immigration voice moderates the call and poses questions to the attorney
The lawyer(s) would answer accepted questions on the phone call in real time.
- We would allow one followup question from the person who originally submitted the question.
- The call and advice would be free to cost to everyone. After the call, the recording would be available for members to playback. If time permits, we will also post the pdf file transcript of questions-answers for the benefit of everyone.
- The question-answer session does not constitute any attorney-client relationship or any attorney-client privileges. The advice would be given based on information provided in the question which may not be sufficient for a complete answer.
- Questions that are related to H1, L1, H4, visa-stamping, employment based Green card etc will take higher priority over all other questions pertaining to areas of immigration that are not related to H1 or EB greencard. This is because this organization represents legal highly-skilled employment based immigrants.
- If your question is received after the cutoff date wherein the attorney accepts questions, such questions will be carried over to the next conference call due to paucity of time.
- Questions would be considered on a FIFO basis(First In, First Out), and a unique ID will be assigned to each question that will be used through the lifecycle of that question(Real FIFO, not BEC type FIFO).
How to submit your questions:
Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Email with Subject Line saying : Seeking Legal Opinion.
Email Address: legal_advise@immigrationvoice.org
Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.
------------------------------------------------------------------
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email them to us, to minimize the effort taken by us to clean up and send to the attorney. It provides a professional touch if we use formal, business English. (i.e., refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word, among other Word Processors provide excellent spell checkers and thesaurus options to help you with this.
------------------------------------------------------------------
IMPORTANT DISCLAIMER:
By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer:
The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
------------------------------------------------------------------
Recordings from Previously Held Conference calls:
These can be accessed at Immigration Voice's Blog on Blogspot.com (http://immigrationvoice.blogspot.com/)
Transcripts from Previously Held Conference calls:
Transcripts of previous calls can be accessed here (http://immigrationvoice.blogspot.com/2006/12/check-out-my-public-files-on-mydatabus.html)
2011 In the interior of C4 more
scorpioduo
04-17 03:53 PM
I think you should be OK
more...
martinvisalaw
07-22 06:01 PM
Hello,
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.
rajuram
01-25 06:48 PM
//\\
more...
roseball
07-28 04:32 PM
Roseball and sumkum,
Thanks for the reply. One more question. What is the validity date of your new AP? Does it start from the date of your current AP expiration date or is it from the date of approval.
My new AP starts from the date my current AP expires.
Thanks for the reply. One more question. What is the validity date of your new AP? Does it start from the date of your current AP expiration date or is it from the date of approval.
My new AP starts from the date my current AP expires.
2010 2011-Citroen-C4-interior | car
zico123
05-17 01:53 PM
According to BBC:
Link: http://news.bbc.co.uk/2/hi/americas/6667257.stm
The White House and the US Senate have reached a deal on an immigration bill that could give legal status to many of the 12m illegal immigrants in the US.
Democratic Senator Edward Kennedy confirmed the agreement that would also establish a merit-based system for future migrants.
US President George W Bush is expected to endorse the bill, which strengthens border controls, Mr Kennedy said.
The proposal comes after months of bitterly fought debate over the issue.
Points system
After first paying visa fees and a $5,000 (�2,530) fine - and returning to their home country - illegal immigrants in the US would be eligible for the planned "Z visa".
Holders of this proposed visa would have to wait between eight and 13 years for a decision on their permanent residency application.
Another key component of the deal was the establishment of a "points system" that would emphasise new immigrants' education, language and job skills over family connections in awarding green cards.
New limits would also apply to US citizens bringing foreign-born parents into the country.
The bill also establishes a two-year temporary guest worker visa.
Holders of this visa would be allowed to renew their papers twice, but would have to return home for a year between each stint, and would have virtually no chance of gaining permanent residency or citizenship under this program.
The bill is expected to cause passionate debate in the Senate next week.
Immigration reform has been one of Mr Bush's top priorities in government, after the so-called "war on terror".
Link: http://news.bbc.co.uk/2/hi/americas/6667257.stm
The White House and the US Senate have reached a deal on an immigration bill that could give legal status to many of the 12m illegal immigrants in the US.
Democratic Senator Edward Kennedy confirmed the agreement that would also establish a merit-based system for future migrants.
US President George W Bush is expected to endorse the bill, which strengthens border controls, Mr Kennedy said.
The proposal comes after months of bitterly fought debate over the issue.
Points system
After first paying visa fees and a $5,000 (�2,530) fine - and returning to their home country - illegal immigrants in the US would be eligible for the planned "Z visa".
Holders of this proposed visa would have to wait between eight and 13 years for a decision on their permanent residency application.
Another key component of the deal was the establishment of a "points system" that would emphasise new immigrants' education, language and job skills over family connections in awarding green cards.
New limits would also apply to US citizens bringing foreign-born parents into the country.
The bill also establishes a two-year temporary guest worker visa.
Holders of this visa would be allowed to renew their papers twice, but would have to return home for a year between each stint, and would have virtually no chance of gaining permanent residency or citizenship under this program.
The bill is expected to cause passionate debate in the Senate next week.
Immigration reform has been one of Mr Bush's top priorities in government, after the so-called "war on terror".
more...
morchu
05-04 04:25 PM
akelkar,
Your highlighted sentence is again for "grant the extension".
We are talking about "invalidation" of a granted extension.
Those are two different things.
And NO. the memo doesnt talk about that.
There is no specific law or interpretation available till today for "invalidation of an already granted extention" based on approved I140, even if the I140 itself gets revoked in future.
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
Your highlighted sentence is again for "grant the extension".
We are talking about "invalidation" of a granted extension.
Those are two different things.
And NO. the memo doesnt talk about that.
There is no specific law or interpretation available till today for "invalidation of an already granted extention" based on approved I140, even if the I140 itself gets revoked in future.
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
hair 2011 Citroen C4 Side View 2011
TomPlate
11-26 08:09 PM
As per my company if you do not carry AP and your green card is approved and you enter using H1 you will invalidate your green card.
If your green card is approved and you use AP to enter no problem.
That is why AP is for
If your green card is approved and you use AP to enter no problem.
That is why AP is for
more...
bbenhill
10-06 02:58 PM
Hi,
Need some confirmations, greatly appreciate on your help :-)
I am planning to go outside US for three weeks, I am planning to enter using AP (I485 is pending), my H1B extension is pending (no receipt). my H1 is expired.
The questions are :
1. With above conditions, will everything be ok when I come back esp with my H1B extension process ? can I get H1B approval ? this is my fourth extension.
2. Do I need to surrender my expired I-94 at POE ?
3. When I come back from vacation, can I still use H1B status for working ? because I will enter using AP (status : parolee) and my H1B extension is pending.
Thx
Need some confirmations, greatly appreciate on your help :-)
I am planning to go outside US for three weeks, I am planning to enter using AP (I485 is pending), my H1B extension is pending (no receipt). my H1 is expired.
The questions are :
1. With above conditions, will everything be ok when I come back esp with my H1B extension process ? can I get H1B approval ? this is my fourth extension.
2. Do I need to surrender my expired I-94 at POE ?
3. When I come back from vacation, can I still use H1B status for working ? because I will enter using AP (status : parolee) and my H1B extension is pending.
Thx
hot The C4 Picasso Lounge is
yabadaba
09-01 11:43 AM
i m a big fan of the bee and ragz4u and sunjoshi
of course these daysi m interacting only with pappu...getting his "kangi" all set up
of course these daysi m interacting only with pappu...getting his "kangi" all set up
more...
house as the new Citroën C4,
gsc999
04-20 12:58 PM
oh my sad soul do not live where there's no peace.[/B]
---
Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!
Btw, I have made a note of your singing abilities and definitely call you for a conference call after we discover that we were all singing songs when instead, we should have been ringing our congress reps for support for our bills.
Please Stop singing the blues and START Ringing(calling) the congress reps.
---
Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!
Btw, I have made a note of your singing abilities and definitely call you for a conference call after we discover that we were all singing songs when instead, we should have been ringing our congress reps for support for our bills.
Please Stop singing the blues and START Ringing(calling) the congress reps.
tattoo The Citroën C4 will get a new
kevinkris
08-16 02:33 PM
I think its ok. I am in the same boat. But the applicaiton will be transfered to TSC.
Not sure how long it will take.
If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:
huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..
Thanks for your answers. Really appreciated :)
Not sure how long it will take.
If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:
huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..
Thanks for your answers. Really appreciated :)
more...
pictures Gallery: Citroën C4 2011
pd_recapturing
07-09 09:51 AM
Please translate........
The title is in Hindi and it means "Labor is on sale, do you want to buy it?" The hindi line is taken from a very famous hindi song of 80s that says "groom is on sale, do you want to buy it?"
The title is in Hindi and it means "Labor is on sale, do you want to buy it?" The hindi line is taken from a very famous hindi song of 80s that says "groom is on sale, do you want to buy it?"
dresses citroen c4 2011 interior
tb2904
03-26 04:05 PM
Who are the guys making more than 250K? Why are they stuck in retrogression?
I am assuming that if you are salaried employee and making more than 250K, you should be at executive level qualified for EB1 visa - which is current for all countries.
I am assuming that if you are salaried employee and making more than 250K, you should be at executive level qualified for EB1 visa - which is current for all countries.
more...
makeup Citroen C4 2011 Picture
freeskier89
01-14 12:35 AM
I'm impressed! :) Very nice work!!
girlfriend Nuevo Citroën C4 2011
lostinbeta
10-21 04:07 AM
I love jellybellys :) Just tryin to work it with your analogy.
Sucks about the giants :(
Sucks about the giants :(
hairstyles 2011 Citroen C4 from Top
bskrishna
02-11 10:54 AM
The 800K pending 485s include people who have filed multiple 485s.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
lifestrikes
06-03 05:18 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
nfinity
07-17 09:46 AM
Its I-485 which indicates immigration intent. Its right there in the conference call. Someone asked the same question in relevance to filing for F1.
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