485_spouse
06-07 10:22 AM
Hi All,
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
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dan19
09-29 07:26 PM
Is there any problem if your passport is expired while on H1 visa?
Do we need to get the passport renewed before it is expiring?
Do we need to get the passport renewed before it is expiring?
huma
10-07 08:35 AM
I am working under CPT from a university. I am not planning to continue school if i get h1b. My last day to register for classes is Oct 10th. My h1b case in USCIS website days it is received and pending. I filed for premium processing on Sept 23rd, application reached to USCIS on 24th. It will be 15 calender days on Oct 9th. In this case can i work without registering at school after OCT 10th?
I will really appreciate any suggestions.
Thanks in advance.
huma
I will really appreciate any suggestions.
Thanks in advance.
huma
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vivache
08-22 10:48 AM
Hi
It's been 9 years since I filed for my Eb3. July 2002. Jan 2002 is currently being processed. Do not see it coming to July 2002 .. based on the trends so far. (may take 2 years or more for all I know)
When I filed for my EB3 .. i worked in as a support engineer.
Am currently a manager (not support but Web Projects). SO my previous job and current one do not have a huge overlap.
Questions for th gurus.
1. Do you think I should apply for EB2
2. If yes .. how much time will it take for me to get the GC? (quicker than my 2 years to indefinite for EB3)
3. Can I get my July 2002 priority date for my EB2.
4. Am currently on eAD. So is my wife. Will applying in EB2 affect my EAD?
Thanks
Vivek
It's been 9 years since I filed for my Eb3. July 2002. Jan 2002 is currently being processed. Do not see it coming to July 2002 .. based on the trends so far. (may take 2 years or more for all I know)
When I filed for my EB3 .. i worked in as a support engineer.
Am currently a manager (not support but Web Projects). SO my previous job and current one do not have a huge overlap.
Questions for th gurus.
1. Do you think I should apply for EB2
2. If yes .. how much time will it take for me to get the GC? (quicker than my 2 years to indefinite for EB3)
3. Can I get my July 2002 priority date for my EB2.
4. Am currently on eAD. So is my wife. Will applying in EB2 affect my EAD?
Thanks
Vivek
more...
onemorecame
03-18 10:36 AM
Today i saw Soft LUD on my approved I-140. Is anybody else got same thing?
lskreddy
01-16 11:45 AM
Just ensure that they will be able to document enough ties back home for officer to feel comfortable that they would return. From your side, provide evidence that you can afford their stay. Barring that, I see no reason why going separately or together would make a difference.
Perhaps, the only way to tell is yo try it.
Perhaps, the only way to tell is yo try it.
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Blog Feeds
08-14 01:40 PM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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sertasheep
10-15 09:08 PM
Dear IV Members,
Plans for Next Call
As I draft this post, we are working on the specifics of organizing the next call. We intend to have the call next friday, 20 Oct 2006, and are awaiting confirmation. Please watch out for more information on the forums in the next couple of days.
Range of questions for the upcoming call
At this time, the list of questions has been frozen for the next call. The range of accepted questions is between 71 and 100. This post is being communicated so that members can plan to be present for any follow-up questions they may request the attorney in real-time
Questions not accepted by the attorney
Questions with the following IDs were not accepted by the attorney for the upcoming call: 87, 91, 95, 99
Why was my question not taken up?
The following is a list of probable reasons why certain questions may not have been accepted. This list, is of course, not exhaustive.
- too complicated for a call requiring further discussion or research
- lack of clarity in the law on specific situations
- incomplete
- too generic
- frivioulous
- no previous incidence that the attorney can draw upon without significant research(new situation)
Sending us your questions
We also request members to not send emails from corporate email accounts. It is IV's policy to refrain as much as possible from sending email to members that may constitute as spam.
While we do not want to spam you, there might be exceptional situations wherein we may need to alert you of last-minute changes, and corporate email accounts might consider such alerts(if at all, any) as spam and may hence be filtered.
Keep 'em coming
Lastly, do not let a rejected question deter you from sending in new questions. We encourage you to keep sending in your questions so that we can leverage the attorney's pro bono service.
Enhancing and streamlining the conf. call process
We realize that certain questions may be time-sensitive, and may no longer be relevant when we finalize on a conference call date. Please bear with us as we streamline the process and make our response times better.
Thank you
Plans for Next Call
As I draft this post, we are working on the specifics of organizing the next call. We intend to have the call next friday, 20 Oct 2006, and are awaiting confirmation. Please watch out for more information on the forums in the next couple of days.
Range of questions for the upcoming call
At this time, the list of questions has been frozen for the next call. The range of accepted questions is between 71 and 100. This post is being communicated so that members can plan to be present for any follow-up questions they may request the attorney in real-time
Questions not accepted by the attorney
Questions with the following IDs were not accepted by the attorney for the upcoming call: 87, 91, 95, 99
Why was my question not taken up?
The following is a list of probable reasons why certain questions may not have been accepted. This list, is of course, not exhaustive.
- too complicated for a call requiring further discussion or research
- lack of clarity in the law on specific situations
- incomplete
- too generic
- frivioulous
- no previous incidence that the attorney can draw upon without significant research(new situation)
Sending us your questions
We also request members to not send emails from corporate email accounts. It is IV's policy to refrain as much as possible from sending email to members that may constitute as spam.
While we do not want to spam you, there might be exceptional situations wherein we may need to alert you of last-minute changes, and corporate email accounts might consider such alerts(if at all, any) as spam and may hence be filtered.
Keep 'em coming
Lastly, do not let a rejected question deter you from sending in new questions. We encourage you to keep sending in your questions so that we can leverage the attorney's pro bono service.
Enhancing and streamlining the conf. call process
We realize that certain questions may be time-sensitive, and may no longer be relevant when we finalize on a conference call date. Please bear with us as we streamline the process and make our response times better.
Thank you
more...
prioritydate
08-18 05:22 PM
PD is Nov 2004 (transferred from a previous EB2 filing).
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
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IVFOREVER
02-13 04:39 PM
I think you need to wait till you have EB2 numbers available or else you need to with draw the inter filing before your I-140 assumes the eb3 priority date.The withdrawl my trigger RFE.That is my openion.Gurus correct me.
more...
icecolor
09-12 09:01 AM
What does this mean?
On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Does it mean that they mailed the letter that it is approved or did they mail the card?
On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Does it mean that they mailed the letter that it is approved or did they mail the card?
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apb
03-31 07:03 PM
I plan to use AC21 and apply G28. Any reasonable lawyer recommendation in and around bay area would be of immense help to me.
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
more...
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vedicman
11-08 09:28 AM
Anyone read the book? Plan on getting it for a good read on a long flight.
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raj3078
01-31 06:02 PM
I have been reading lot of threads lately on IV...While I am in same boat as all of you, I feel really stressed out after reading these threads. Almost feels sad about myself and others. I feel we need stress reduction...So lets get back to what we find the most fun. Prediction of VB Priority dates for Marc07.:D
Let me start by guessing myself
EB1 - All current
EB2- World -C, China 22nd May 05, India - 1st Feb 03, Everyone else current
EB3- Not sure if even God can predict here:confused:
Raj
Let me start by guessing myself
EB1 - All current
EB2- World -C, China 22nd May 05, India - 1st Feb 03, Everyone else current
EB3- Not sure if even God can predict here:confused:
Raj
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snathan
01-24 11:22 AM
Hi,
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.
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nfinity
02-13 02:30 PM
no replies? cant believe i am the only one in this situation :)
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visli_com
08-07 04:46 PM
I did same thing I called them and they fixed it, I already got approvel for EAD.:)
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heywhat
08-15 03:08 AM
Your priority date is Aug-2007 and all categories are unavailable in August Visa bulletine....
:(
I applied for my PERM Labor Certification on 06-Aug-2007. My status online shows "APPROVED"on 13-Aug-2007. My Lawyer says that the HARD COPY is needed to move forward (My priority date is Jan-2006 from a prior Labor/I-140 approval).
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
:(
I applied for my PERM Labor Certification on 06-Aug-2007. My status online shows "APPROVED"on 13-Aug-2007. My Lawyer says that the HARD COPY is needed to move forward (My priority date is Jan-2006 from a prior Labor/I-140 approval).
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
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gc_chahiye
09-19 07:38 PM
ronnie is right, using EAD even for a part-time job means losing your H1 status.
a_yaja
03-09 08:04 PM
I see. And did you attached any documents with that statement?
Nothing other than the supporting docs:
1. expired I-94 from passport
2. 2 photos (with A# written in pencil on the back)
3. copy of I-485 receipt
4. sheet with answer to part 7 (including name and a# in header)
5. check made out to "Department of Homeland Security"
Nothing other than the supporting docs:
1. expired I-94 from passport
2. 2 photos (with A# written in pencil on the back)
3. copy of I-485 receipt
4. sheet with answer to part 7 (including name and a# in header)
5. check made out to "Department of Homeland Security"
fromnaija
02-26 01:10 PM
The risk is that you do not know which petition will be approved first. According to the "last action rules" principle, the last petition to be approved will be your wife's status. For instance, if the H4 petition is approved last she may need to file a change of status to be in H1 or alternatively travel out and re-enter with the desired visa, and vice-versa.
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