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08-02 07:20 PM
Recently an undated USCIS draft memorandum surfaced. The Memo was offering administrative relief options to promote family unity, foster economic growth, achieve significant process improvements, and reduce the threat of removal for certain individuals present in the United States without authorization. Here is the entire memo for our readers to view:
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
Shortly after the memo leaked to the public the Immigration service had this to say:
�Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�
What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.
More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
Shortly after the memo leaked to the public the Immigration service had this to say:
�Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�
What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.
More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)
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rvr_jcop
04-29 01:26 PM
Hello,
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
gcformeornot
02-03 09:40 AM
I heard TCS is calling back many of their TL/PL/PM back to India. I heard it from 2-3 differrnt sources. Just wanted to see if anybody knows about it.
I personally know a person who is with TCS, he is a team lead or something.... asked to go back by TCS..... they are returning in mid Feb.....
I personally know a person who is with TCS, he is a team lead or something.... asked to go back by TCS..... they are returning in mid Feb.....
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dealsnet
11-23 10:19 PM
Sorry to hear about your husband's departure from this world.
He was an active member of IV and contributed to it.
I know now you are using his id.
Please share some info about his death. What happen to him?
Is it an accident or he got sick ?
We are praying for you and your kid.
I THINK YOU NEED TO CONTINUE IN H1B. DON'T DISCONTINUE H1B, TILL YOU GET GC.
Hi,
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
He was an active member of IV and contributed to it.
I know now you are using his id.
Please share some info about his death. What happen to him?
Is it an accident or he got sick ?
We are praying for you and your kid.
I THINK YOU NEED TO CONTINUE IN H1B. DON'T DISCONTINUE H1B, TILL YOU GET GC.
Hi,
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
more...
ras
02-22 09:04 PM
Is there a way to see this program online instead of TV?
sreddy80
10-23 10:21 PM
newyorker123,
this I 140 is applied by old employer but did not share the receipt# and no 485 was applied that time. I want to port the PD from that I140 to the current I140/I485. For that purpose, I need the copy of old I140.
ssingh92,
I just applied the FOIA and just crossed my fingers. Lets see how it goes...
Thanks for all your radvise and support!
this I 140 is applied by old employer but did not share the receipt# and no 485 was applied that time. I want to port the PD from that I140 to the current I140/I485. For that purpose, I need the copy of old I140.
ssingh92,
I just applied the FOIA and just crossed my fingers. Lets see how it goes...
Thanks for all your radvise and support!
more...
PresidentO
02-03 01:50 AM
Are you serious? I must be a super expert on taxes because I have always done it on paper using a calculator for the last 14 years and counting. Just spend an hour reading the instructions and you're done. Have a question, call the IRS. Unlike other government agencies (cough.. USCIS cough..) the agents at the other end of the line are actually helpful and responsive.
-a
Well, Not every one is as patient as you are in reading the instructions and if needed a friendly manual or dialing 800 829 1040. The feeling is mutual about the IRS helpline folks.
The OP seemed very confused and thats why I suggested not to fill in on paper by hand.
-a
Well, Not every one is as patient as you are in reading the instructions and if needed a friendly manual or dialing 800 829 1040. The feeling is mutual about the IRS helpline folks.
The OP seemed very confused and thats why I suggested not to fill in on paper by hand.
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h1techSlave
11-04 10:36 AM
Largest proportion of Tennesseans wants illegals to leave the country (43%). Another 22% says, "such individuals should be allowed to stay in their jobs, but only as temporary guest workers ineligible for U.S. citizenship".
Only 29% says "such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship".
An interesting survey showing 51% of voters in one of America's most politically conservative states favor legalizing illegally present immigrants in one form or another:Tennesseans appear ambivalent about how best to deal with illegal immigrants currently working in the United States. The largest proportion (43 percent) says such illegal immigrants should be required to leave their jobs and leave the country. But the next largest proportion (29 percent) takes the opposite view, saying such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship. Finally, another 22 percent say such individuals should be allowed to...
More... (http://blogs.ilw.com/gregsiskind/2009/11/most-tennessee-voters-favor-legalization-of-illegally-present-immigrants.html)
Only 29% says "such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship".
An interesting survey showing 51% of voters in one of America's most politically conservative states favor legalizing illegally present immigrants in one form or another:Tennesseans appear ambivalent about how best to deal with illegal immigrants currently working in the United States. The largest proportion (43 percent) says such illegal immigrants should be required to leave their jobs and leave the country. But the next largest proportion (29 percent) takes the opposite view, saying such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship. Finally, another 22 percent say such individuals should be allowed to...
More... (http://blogs.ilw.com/gregsiskind/2009/11/most-tennessee-voters-favor-legalization-of-illegally-present-immigrants.html)
more...
speddi
07-13 01:09 PM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
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sanju_dba
06-03 05:29 PM
any ideas about 1-2day /night cruise from Houston/Galveston ? I want to avoid Immigration checks.
Please write only if you have any relevant information on this!
Kids , keep off from your papa's computer.
Thanks in advance.
Please write only if you have any relevant information on this!
Kids , keep off from your papa's computer.
Thanks in advance.
more...
makemygc
07-24 04:36 PM
Hi,
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
I'm assuming you both have filed 2 I-1485 and 2 EAD each. Based on your I-485, it's safe to change job only after 180 days of I-485 receipt date. You can change after 4 months but if for some reason your I-140 get revoked you are screwed. Same thing if you use the EAD obtained using your wife's 485. If you change your job before 6 months but use your wife's EAD and later on your company revoke your I-140, your I-1485 application is screwed up but you will stil be in status if your wife 485 is fine.
Again, there is risk involved with such a peculiar cases and you might get NOD. I've seen one such case in IV where husband got a rfe on wife's I-485 even though he withdrew his application long back. But that case has some other issues as well so it all depends on case-to-case.
Moral of the story is, if it is not a do or die situation, keep your case as simple as possible and switch job only after 6 months of 485.
Please close this thread also as there are several threads with similar questions.
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
I'm assuming you both have filed 2 I-1485 and 2 EAD each. Based on your I-485, it's safe to change job only after 180 days of I-485 receipt date. You can change after 4 months but if for some reason your I-140 get revoked you are screwed. Same thing if you use the EAD obtained using your wife's 485. If you change your job before 6 months but use your wife's EAD and later on your company revoke your I-140, your I-1485 application is screwed up but you will stil be in status if your wife 485 is fine.
Again, there is risk involved with such a peculiar cases and you might get NOD. I've seen one such case in IV where husband got a rfe on wife's I-485 even though he withdrew his application long back. But that case has some other issues as well so it all depends on case-to-case.
Moral of the story is, if it is not a do or die situation, keep your case as simple as possible and switch job only after 6 months of 485.
Please close this thread also as there are several threads with similar questions.
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vishwak
02-24 10:09 AM
Get some nice Attroney and you need to get Education Evalution properly.
It should clearly show your credentials etc.
It should clearly show your credentials etc.
more...
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skagitswimmer
June 14th, 2010, 05:25 PM
As long as the water is all of the same temp and salinity there isn't any distortion because of water movement. Distortion does occur when you get mixing of water that has different density. Scuba diving you see that where you pass through layers of water on the way down. The layers can be either different temerature or different salinity. When you get that it looks like heat waves on a hot highway in the distance.
I have used the pentax optio under water a bit. It works well as a point and shoot but not much more than that. I wouldn't take it more than a few feet down. I don't think it is rated for very deep.
Good luck.
Stephen
I have used the pentax optio under water a bit. It works well as a point and shoot but not much more than that. I wouldn't take it more than a few feet down. I don't think it is rated for very deep.
Good luck.
Stephen
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LostInGCProcess
11-01 03:40 PM
I received an RFE for my EAD renewal.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
more...
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siva008
08-15 12:28 PM
I am currently working with Comapany A with valid I-94 till 09/30/2011(but no visa stamping in passport yet).
Recently My H1B visa tranfer approved with out 1-94 card attached to approval copy(still I am with Company A only)
In this case can I continue with CompanyA.
please help me if any one knows about this case.
Thanks in advance.
Recently My H1B visa tranfer approved with out 1-94 card attached to approval copy(still I am with Company A only)
In this case can I continue with CompanyA.
please help me if any one knows about this case.
Thanks in advance.
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martinvisalaw
02-10 02:38 PM
It's hard to answer without seeing the actual NOIR. However, CIS could have made a mistake, which happens sometimes. Whatever the response, make sure that it is filed before the NOIR deadline. Good luck.
more...
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CaliHoneB
04-26 12:35 PM
I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.
Thanks for the info. I am in the process of asking for approval from my company and I don't anticipate major problems.
So far other than H1b amendment I don't see any other actions I need to take. If anybody can think of anything else please reply to this post.
Thanks.
Thanks for the info. I am in the process of asking for approval from my company and I don't anticipate major problems.
So far other than H1b amendment I don't see any other actions I need to take. If anybody can think of anything else please reply to this post.
Thanks.
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kumarc123
08-26 10:11 AM
Hi All,
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
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EB2_Jun03_dude
04-22 12:29 PM
I have PD which is current (Jun 03 EB2 India), a RD which is current (Jun 05! yes VSC transfer to TSC in Apr 07). In the last week of Nov 07 got a simple RFE (medical RFE wherein the doc forgot to check one box), which was replied promptly and got confirmation from USCIS that they got the response.
Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?
Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?
gparr
May 11th, 2005, 05:50 AM
The image above is a very nice, serene capture. But the one that really stands out for me is the fern (below). First you saw the shot. Most wouldn't. Then you used good DoF, a good composition, and exposure control to capture the fern without blowing it out but give us enough of the shadow to keep the fern in context. Without the shadow detail, the fern would look out of place. Nice work.
Maybe you didn't get as many keepers as you wanted, but it sounds like you learned some things and you did get a couple of keepers so it was a profitable trip in my estimation. I think we've all been at that "wish I'd used my tripod" spot. It's really irritating if you own one and don't use it and flat out maddening if you take it along with you on a shoot and don't bother to use it. The part that makes you spit nails is there's only one person to blame. . . I'm betting that tripod gets a workout the next time you wander into the woods.
Gary
http://www.dphoto.us/forumphotos/data/1377/Turkey_Run_2005-05_0669_fern_spotlight.jpg
Maybe you didn't get as many keepers as you wanted, but it sounds like you learned some things and you did get a couple of keepers so it was a profitable trip in my estimation. I think we've all been at that "wish I'd used my tripod" spot. It's really irritating if you own one and don't use it and flat out maddening if you take it along with you on a shoot and don't bother to use it. The part that makes you spit nails is there's only one person to blame. . . I'm betting that tripod gets a workout the next time you wander into the woods.
Gary
http://www.dphoto.us/forumphotos/data/1377/Turkey_Run_2005-05_0669_fern_spotlight.jpg
snathan
02-12 09:48 AM
My understanding is that state in which you work you need to pay the taxes for that state. And I believe sometime in GC interview they ask for tax papers , during that time it should not create problems.
When you are not staying in that state why do you need to pay the tax.
When you are not staying in that state why do you need to pay the tax.
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