Thursday, June 30, 2011

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  • phillyag
    05-19 03:10 PM
    Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?

    I want to specifically focus on the following question:

    Question 8. Can an alien port to self-employment under INA � 204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 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.

    Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon

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  • sideeque
    02-05 09:58 PM
    I tried it. They might wont ask new approval notice. You should show that and get the expiry date in I-94 as same as your latest I-797 Approval notice.

    You don't need to stamp visa as its not expired.....

    Have a nice trip to India.

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  • Kitsap Photos. Philadelphia

  • wandmaker
    10-07 03:24 PM
    I need a little advice on sponspring my uncle vistor's visa from India

    My uncle works in auto industry and I would like to nspor him for a vistor visa. His family will not be visting and he is taking care of his in-laws as well.

    Does including his family members make any difference?

    Also, having a different family name makes any difference in the sponsor's letter?

    Any help is appreciated.

    You can send a sponsorship letter along with other supporting documents like I-134, bank statements and etc. Ultimately, your uncle has to prove and convince the consular officer that he has strong ties in India in order for him to obtain the visa.

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  • H1bslave
    07-30 03:50 PM


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  • zwswim
    01-26 03:42 PM
    If she will not be able to get F1, what will be her status in USA ?

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  • nhfirefighter13
    June 12th, 2005, 06:37 AM
    Nice work, Josh. Congrats on the new toys!

    One bit of constructive critisism need more DOF on the strawberry, IMO. :)


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  • sukhyani
    10-04 10:16 AM
    Anybody? Any thoughts? Does it mean they are processing his case?

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  • gc_buddy
    07-24 01:27 PM
    To my knowledge, the PD field is always blank for EAD reciept notices.

    I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?

    Is anybody else in the same boat?


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  • sanjay02
    05-31 02:58 PM
    When renewing EAD paper filing not E-file, I had written the check in favor of USCIS instead of "U.S.Department of Homeland security" , do you think there would be a issue for them to accept the cheque?


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  • BMWX5
    12-26 08:28 AM
    I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.

    As I will not be on H1B and neither I have Green Card ?

    I talked to lot of people about using AC21, nobody is clear.
    Since you confirmly mentioned that you'll invoke AC21 next week, could you inform us as you proceed further in this process. Please remember you are helping the whole community.
    PS: Sorry I could not answer your question.


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  • andyny73
    12-08 08:37 PM

    I am going to get married next week.

    I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.

    I want to file the H-4 visa for my wife and I have couple questions :

    1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?

    2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?

    Thank you for your help.


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  • MatsP
    February 2nd, 2006, 05:56 AM
    We've been discussing this before... here ( for example.

    Yes, Macro photography really needs small apertures..


    I-94 expired for H1 EAD-AP [Archive] - Immigration Voice

    View Full Version : I-94 expired for H1 EAD-AP


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  • Prashanthi
    06-23 05:16 PM
    Agree with Hpandey, in this situation, 245K would help and any out of status period is counted only from the time after his latest entry, any out of status periods before that do not matter. Even without 245K i dont think the USCIS will make a big deal of this or even notice, but you never know.

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  • MCQ
    04-22 02:24 PM
    Here is my interpertation,
    "Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.

    if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.

    hope that helps.


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  • cnag
    10-04 04:13 PM
    How soon before the passport expiry can we go for the renewal?

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  • lazycis
    01-26 07:51 AM
    my wife is US citizen , applied for permanent residency (green card) almost 6 months back , my interview was 2 days back, everything went thru alrite, the immigration officer said at the end of interview , " your case been aproved, but we did not get the background chk from FBI , as soon as we get it we are going to mail you the green card "

    is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...

    plz help, hope i posted in the right sub-forum this time..

    I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).


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  • newbie2020
    08-31 07:06 AM
    The General rule is You are eligible for H1B extn if the following conditions are met

    a) Labor applied on your behalf atleast 1 yr prior to maxout date. You will be eligible for 1 yr extensions

    b) Labor and I-140 approved in that case it will be 3 yrs extensions

    Now I was in similar situation where in i applied for labor in 6th yr, Labor got cleared in 2 months, I-140 got cleared in 2.5 months so now i am eligible for 3 yr extn.

    These days Labor certifications are taking a bit longer time (Atlanta is the only place they are doing it ) So it may take more time. Also one another thing needs to be considered is if there is any RFE then it takes longer.( Few cases pending beyond a year)

    Do a research on various RFE and do your paperwork in much more details you will probably end up without any RFE on your case

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  • desibob
    06-13 07:51 PM
    Hold on there. Why exactly do you need to file EAD and AP now? Once you get 140 and 485 receipt notice, you can apply online yourself. Then you will get your own EAD to your own home.

    Then the questions is - would you be able to get a copy 140 and 485 receipt notice from him?

    Thinking out loud - Probably you can change the address by calling USCIS or by filing AR-11 (you may need receipt number to do this).

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  • senk1s
    10-05 01:27 PM
    but the advantage on that is after graduation you can get an EAD/ OPT for 1 year ... can do on-campus jobs ... and some off-campus jobs

    If you are any other type of visa AND been a resident of CA for atleast 12-13 months ... you may qualify for instate tuition (this i know from personal exp in CSU system)

    06-05 07:02 PM
    Overtime is paid only if you are a non-exempt employee - usually means you get paid hourly. If you are an exempt employee, then you are not eligible for overtime. Not sure if this is different in different states, but that is how it works in Ohio.

    Same is true here in CA (Only non-exempt employees get overtime).
    Again, check with your state agency regards to overtime pay..... or consult a employment attorney...

    01-29 11:29 PM
    I am on H1B for the past 8 years. EB3 2003 Jan /140 approved long back. Has a valid EAD but never used. I recently changed my employer and the new employer did H1B transfer rather than using EAD.The company lawyer submitted an AC21 application along with the H1b transfer. Due to some family reasons ,the new job seems to be not going to work for me. Is it possible for me to find another job and work under my EAD ? What will happen my new empoyer cancel my H1B ?How many times I can use AC21? Is there a time difference before using the AC21 ?

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