desi3933
05-14 01:33 PM
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
wallpaper Images of animated butterfly
agc2005
11-05 05:22 PM
I got EADs for me and my wife, but photos got swaped.
Pineapple,ncgc2005, saro28:
I sopke to customer service rep and she told me to send applications with EAD cards ,photos,a note explaining the problem and no need to send the fees.
Did you guys filed to get corrected the EADs, and did you send new application with EAD and with the Fee or without fees.
Pineapple,ncgc2005, saro28:
I sopke to customer service rep and she told me to send applications with EAD cards ,photos,a note explaining the problem and no need to send the fees.
Did you guys filed to get corrected the EADs, and did you send new application with EAD and with the Fee or without fees.
optimystic
05-12 08:36 PM
There are certain things that money cannot buy [for everything else there is Master card :) ].
Seriously, If $2000 dollars would buy you a GC (guaranteed) then I think most (> 90%) of the people on this forum would have gone for that (or atleast convince their employers to part with that amount for a guaranteed ROI)
It would be good to get some kind of insight into the thought process of IV core/lead team and how they think they can put a million dollars to effective use?
I mean can we lobby/cultivate our own caucus (not cactus :D) from the ground up in the congress etc, who can work for our cause? What other such effective things can be done?
Any kind of roadmap/plan of action that would probably help generate an interest and convince atleast some people to start donating.
Just saw this on cnet .
http://www.news.com/8301-10784_3-9941962-7.html?tag=nefd.top
"The Hispanic Caucus sees it as a bargaining chip to get what they want, which is comprehensive immigration reform, amnesty for illegal immigrants, whatever you want to call it," Fishman said. "Until the Democratic leadership allows legislation (related to H-1Bs) to go to the floor on its own merits, that's the situation we have here."
Though this is only about H1-B, but I would guess, that caucus would be looking at even other legal immigration/GC related proposals, amendments that come thru and try their best to piggy back on them to further their own agenda. To be able to effectively push legal immigration related laws/changes on their own merit and not held back in one common basket, we might need an equally powerful legal immigration/H1B caucus out there.
But how to get there? Will million dollars help?
Thats the million dollar question currently on everyone's mind I guess :D
Seriously, If $2000 dollars would buy you a GC (guaranteed) then I think most (> 90%) of the people on this forum would have gone for that (or atleast convince their employers to part with that amount for a guaranteed ROI)
It would be good to get some kind of insight into the thought process of IV core/lead team and how they think they can put a million dollars to effective use?
I mean can we lobby/cultivate our own caucus (not cactus :D) from the ground up in the congress etc, who can work for our cause? What other such effective things can be done?
Any kind of roadmap/plan of action that would probably help generate an interest and convince atleast some people to start donating.
Just saw this on cnet .
http://www.news.com/8301-10784_3-9941962-7.html?tag=nefd.top
"The Hispanic Caucus sees it as a bargaining chip to get what they want, which is comprehensive immigration reform, amnesty for illegal immigrants, whatever you want to call it," Fishman said. "Until the Democratic leadership allows legislation (related to H-1Bs) to go to the floor on its own merits, that's the situation we have here."
Though this is only about H1-B, but I would guess, that caucus would be looking at even other legal immigration/GC related proposals, amendments that come thru and try their best to piggy back on them to further their own agenda. To be able to effectively push legal immigration related laws/changes on their own merit and not held back in one common basket, we might need an equally powerful legal immigration/H1B caucus out there.
But how to get there? Will million dollars help?
Thats the million dollar question currently on everyone's mind I guess :D
2011 utterfly Clipart
mheggade
08-01 01:07 PM
Here is my prediction.
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
Is it just your imagination or did you base this on any source.
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
Is it just your imagination or did you base this on any source.
more...
immiguy
07-20 04:47 PM
If your friend maintains H status, she could bring her baby back on H4 visa.
Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?
Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?
paskal
12-25 09:35 PM
/\/\/\/\
more...
bank_king2003
04-21 11:59 AM
greyhair - that was something i tried on my own and i have never represented IV.
you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.
this requires a big movement for which IV is a very nice platform. that is the reason i keep shouting on this forum that nothing will happen untill you somehow make uscis held accountable or in this case even congress accountable.
Filing a Lawsuit against USCIS and CONGRESS together may lead us somewhere.
you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.
this requires a big movement for which IV is a very nice platform. that is the reason i keep shouting on this forum that nothing will happen untill you somehow make uscis held accountable or in this case even congress accountable.
Filing a Lawsuit against USCIS and CONGRESS together may lead us somewhere.
2010 animated butterfly clipart.
BharatPremi
12-07 11:59 AM
Hi!
I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.
I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?
Thanks for reading this thread and commenting.
In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
"should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.
So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.
And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.
Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....
I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.
I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?
Thanks for reading this thread and commenting.
In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
"should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.
So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.
And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.
Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....
more...
seeking_GC
07-12 02:25 AM
Any idea on when the lawsuit actually gets to court?
hair animated butterfly clipart. Butterflies Animated Butterfly
dale
09-24 03:32 AM
hey thanks everyone for the great comments about my stamps (the 3 vector ones including the green swan stamp) - i completely forgot about them (haven't been on here for a while) so i didn't even get to vote. ah well, thanks anyway everyone!
_dale
_dale
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coopheal
12-06 11:03 PM
bump
hot animated butterfly clipart.
Beemar
12-14 11:41 PM
Dude, are you serious? You will, only possibly, be laid off in April next year. Means you have got 4 months to find yourself a new job. You already are in I-485 stage, so you don't need any immediate visa to maintain status. And you are telling me you are distressed?
Grow up. I know many guys who are already sitting without job and valid status for 6 months, and even more. I mean, I can't believe you are serious.
Grow up. I know many guys who are already sitting without job and valid status for 6 months, and even more. I mean, I can't believe you are serious.
more...
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h1techSlave
05-14 12:19 PM
Yeah, that pretty much sums up my feeling also.
Morning is over. We all are in mourning since the bulletin went out...
Morning is over. We all are in mourning since the bulletin went out...
tattoo animated butterfly clipart.
thepaew
09-24 02:45 PM
Hello Seba
If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.
Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.
I am not an immigration expert - so please seek an attorney's advice.
Wish You the Best
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.
Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.
I am not an immigration expert - so please seek an attorney's advice.
Wish You the Best
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
more...
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kish006
12-25 08:56 AM
agc2005,
Thanks for the reply.
I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.
THanks
Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
Please send your experince.
Can I make this expedite. As I planning to go to India in Jan.
Thanks for the reply.
I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.
THanks
Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
Please send your experince.
Can I make this expedite. As I planning to go to India in Jan.
dresses Butterfly clip art
PD_Dec2002
08-05 11:04 PM
I came to know about my interview from the embassy web site and they send us pakage 4 also. Then we informed them by mail asking to postpond for 3 month. They confirmed the same. I am in India embassy is in New Delhi
Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?
Thanks,
Jayant
Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?
Thanks,
Jayant
more...
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whoever
01-31 02:46 PM
how can one get copy of i140? does it not belong to the company?
girlfriend ClipartElek
theOne
09-09 03:13 PM
What is the difference between 1099 and W2 ?
Thanks,
theOne
Thanks,
theOne
hairstyles Butterfly
vin13
06-25 10:10 AM
Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)
This is really a good one. It clears out some of the misconceptions among the general public.
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. TAKEOURJOBS.ORG (http://www.takeourjobs.org)
This is really a good one. It clears out some of the misconceptions among the general public.
pappu
11-09 02:10 PM
Pappu,
Is this survey open to every one beyond donor forum.
Yes. It is open to everyone and is under 'Action Items for everyone' forum.
Is this survey open to every one beyond donor forum.
Yes. It is open to everyone and is under 'Action Items for everyone' forum.
honge_kamyaab
11-30 09:24 AM
Remember I-140 is owned by your employer. If you quit the job your greencard process will start from PERM again with your new employer.
Portability applys six months after filing I-485.
Hope that helps.
Portability applys six months after filing I-485.
Hope that helps.