frostrated
06-25 01:17 PM
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
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Sath thesmilingstar
02-24 11:27 AM
My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.
Good Luck..
RV
Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
Good Luck..
RV
Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
thomachan72
07-20 03:32 PM
Hi John, thanks for bringing this to the attention of our members. Lets hope everybody finds time to call Sen Cornyn to thank him for introducing this bill. Another thing I wanted to say is that, our members are all busy with 485 filing and stuff so we can expect a response only after the 17th of August when the excitement of 485 filing is over. Even though it was defeated it doesn't seem to be a very hated idea by the majority since 5 more votes would have made it safe. So there still seems to be a positive factor lingering around for us the "legal immigrants". Hope we are able to capitalize on it soon. IV is infact becomming stronger and more influential thanks to the dedicated efforts of the leader and the members. Pls keep up the spirit for all of us. We need vigilant people like you to do the work to spot opportunities and failures for the community. Thanks.
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mrajatish
04-02 08:45 PM
Admin,
This is just phenomenal - we are using this in our presentation. Let us pray that this works, and if it does, we will have a very important person fighting on our behalf.
This is just phenomenal - we are using this in our presentation. Let us pray that this works, and if it does, we will have a very important person fighting on our behalf.
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GreenCard_Soon
02-16 12:38 PM
Hi,
Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.
Please let me know of the next time we plan to get together about this.
Thanks
Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.
Please let me know of the next time we plan to get together about this.
Thanks
hourglass
07-16 05:43 PM
"The formal announcement of the CIS �solution� has been held up because they need to receive approval from the Office of Management and Budget. This suggests that the CIS solution may include one or more changes to the existing regulations. In any event, all sources are reporting that, at a minimum, all July filings will be accepted. The possible regulatory changes suggest possible far reaching solutions that go beyond the immediate problem"
where do you all see/consult for updates or news on USCIS activities?
where do you all see/consult for updates or news on USCIS activities?
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pappu
11-09 10:46 AM
All,
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
The objectives of this survey are:
•To counter the bogus anti's claims on H1s.
•To improve the brand image of IV community as a set of sophisticated highly-skilled immigrants who have and will contribute further to this country.
•To ensure that aspiring immigrants get a better picture of US immigration and immigrants..
Please utilize this opportunity to:
* Provide an honest feedback on your strong contribution to the USA.
A genuine feedback will help us communicate the reality to lawmakers with a lot of credibility. None of the individual responses will be shared. It will remain confidential with IV. Our goal is to highlight the collective strength of our community and underline its importance to the value add for this country. You may have to do some homework to fill in ball-park figures. This will be worth it for individual and group confidence. We look forward to your responses.
See the survey here http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Please post this information on other sites to get more people to participate in this survey. The survey ends on Dec 15.
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
The objectives of this survey are:
•To counter the bogus anti's claims on H1s.
•To improve the brand image of IV community as a set of sophisticated highly-skilled immigrants who have and will contribute further to this country.
•To ensure that aspiring immigrants get a better picture of US immigration and immigrants..
Please utilize this opportunity to:
* Provide an honest feedback on your strong contribution to the USA.
A genuine feedback will help us communicate the reality to lawmakers with a lot of credibility. None of the individual responses will be shared. It will remain confidential with IV. Our goal is to highlight the collective strength of our community and underline its importance to the value add for this country. You may have to do some homework to fill in ball-park figures. This will be worth it for individual and group confidence. We look forward to your responses.
See the survey here http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Please post this information on other sites to get more people to participate in this survey. The survey ends on Dec 15.
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sanju_dba
09-14 04:30 PM
Sorry I should have been more clear.
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
I got it.
I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
At this stage they might have spend money on LCA only + for attorney fee if any.
Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
I got it.
I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
At this stage they might have spend money on LCA only + for attorney fee if any.
Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:
more...
mbartosik
11-19 12:14 PM
For Nebraska:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
For Texas:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
Summary for I485:
Nebraska has processed most applications that it has had for 7 months (filed on or before April 14 2007).
Texas has processed most applications that it has had for 6 months.
Since 6 months is the target, Texas can be considered to be caught up, and Nebraska will likely have caught up next month.
For I485 that makes the visa bulletin the main issue.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
For Texas:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
Summary for I485:
Nebraska has processed most applications that it has had for 7 months (filed on or before April 14 2007).
Texas has processed most applications that it has had for 6 months.
Since 6 months is the target, Texas can be considered to be caught up, and Nebraska will likely have caught up next month.
For I485 that makes the visa bulletin the main issue.
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ItIsNotFunny
12-03 12:03 PM
Bump ^^^^
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nirdlalegcade
02-26 11:52 AM
First of all you have an "If" in your question. So I belive this is for future plan.
Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?
I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?
I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
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saileshdude
05-20 10:12 PM
From what I understand, if you have an H1b extended based on your Labor or I140 approval, if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
Because there are no clear regulations around what happens to H1 if I-485 gets denied. But there are existing regulations that EAD becomes invalid. So being on H1 gives you an edge. You will not able to extend/transfer H1 but there is no effect on existing approved h1.
Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending. But you will need to go out and get H1 stamped and re-enter. In this particular case, since father was primary applicant he could have sponsored new H1 w/o I-94 and get it stamped and re-enter. Not sure why lawyer did not suggest that.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
Because there are no clear regulations around what happens to H1 if I-485 gets denied. But there are existing regulations that EAD becomes invalid. So being on H1 gives you an edge. You will not able to extend/transfer H1 but there is no effect on existing approved h1.
Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending. But you will need to go out and get H1 stamped and re-enter. In this particular case, since father was primary applicant he could have sponsored new H1 w/o I-94 and get it stamped and re-enter. Not sure why lawyer did not suggest that.
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cbrnet
06-10 02:10 PM
Hi,
I was tested positive with the skin test and by chest x-ray turned out to be negative. Also my family doctor prescribed a medication for 6 months course and I got the letter from the doctor after 6 months confirming the course of medication. The USCIS sent an RFE when they were about to process my I-485 and I sent the letter from the doctor confirming my chest x-ray was negative and the letter supporting the completion of 6 months medication.
Thanks
Kumar
I was tested positive with the skin test and by chest x-ray turned out to be negative. Also my family doctor prescribed a medication for 6 months course and I got the letter from the doctor after 6 months confirming the course of medication. The USCIS sent an RFE when they were about to process my I-485 and I sent the letter from the doctor confirming my chest x-ray was negative and the letter supporting the completion of 6 months medication.
Thanks
Kumar
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abhijitp
07-08 02:06 PM
I'm sorry but why he did not say IV... i'm not trying to offened anybody people from all over are sending as well. it would make it better if he said the legal immigrant community
Given that (I believe) he regularly visits IV and gets information from here, but never wants to give IV the credit for it.
Given that (I believe) he regularly visits IV and gets information from here, but never wants to give IV the credit for it.
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WeShallOvercome
11-08 01:48 PM
I beg to differ - while your general premise is accurate, I know of at least half a dozen people who filed 485 in June 2007 and got appproved over the last two weeks from TX Service Center - I dont think Aug 2006 is a hard date - like many other things with USCIS - they have an irrational passion for NOT applying the FIFO principle and we are expected to digest this irrational passion of theirs with dispassionate rationality.
you are right... Almost everyone who has dealt with USCIS even once in his/her life time, knows that USCIS is the most unpredictable agency in the world...I was just explaining what the dates are 'supposed to mean' according to the rules.
We all know how religiously USCIS follows its own rules.
you are right... Almost everyone who has dealt with USCIS even once in his/her life time, knows that USCIS is the most unpredictable agency in the world...I was just explaining what the dates are 'supposed to mean' according to the rules.
We all know how religiously USCIS follows its own rules.
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pappu
08-20 05:08 PM
Thank you everyone for taking appointments. We are getting good feedback from the recent visits. Please continue this effort.
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maddipati1
02-03 02:27 PM
thank you veni, that is very informative and solid reference.
looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?
BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.
I think it can be, but when the job requirement Bachelor Equivalent+ 5Year then it opens up for a wide range.
You can show BS equivalence by 3 yr degree+1 yr degree or 3yr degree + 2 yr degree.....etc
For additional info Please click here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD) or here (http://www.murthy.com/eb2.html)
looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?
BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.
I think it can be, but when the job requirement Bachelor Equivalent+ 5Year then it opens up for a wide range.
You can show BS equivalence by 3 yr degree+1 yr degree or 3yr degree + 2 yr degree.....etc
For additional info Please click here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD) or here (http://www.murthy.com/eb2.html)
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john2255
07-20 02:44 PM
I am sorry to start a new thread but I feel the following thread is not getting the importance it should get. Everyone please dont miss the following thread. Its a big defeat during our celebrations.
http://immigrationvoice.org/forum/showthread.php?t=10751
Major loss to us Cornyn amendment rejected
http://immigrationvoice.org/forum/showthread.php?t=10751
Major loss to us Cornyn amendment rejected
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kondur_007
03-16 01:13 PM
can someone please give me some advices about this situation?
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
chanduv23
04-08 04:25 PM
Literally anyone is IV. IV is you and me. We are all collectively IV.
A lot of us have done media interviews in past. Some brought in media contacts, some gave media interviews .... so if you are interested, why don't YOU represent IV and contact media personnel.
This was supposed to be addressed to the OP.
A lot of us have done media interviews in past. Some brought in media contacts, some gave media interviews .... so if you are interested, why don't YOU represent IV and contact media personnel.
This was supposed to be addressed to the OP.
go_guy123
01-20 10:29 AM
None of us here has little luck... We were close to CIR this year and now new math is in picture.. Two possibility for CIR in 2010...
(1) Dems will not touch it.
(2) GOP will not support it because people will think Dems passed it and that will help them to win midterm election.
CIR was impossible all along. It was delusional to think such a political hot potato can pass.
Not just my opinion ...but also that of IV board member: Greg Siskind.
The good part is as democratic party losses seats....the CIR lobby weakens and piecemeal will have better chance.
(1) Dems will not touch it.
(2) GOP will not support it because people will think Dems passed it and that will help them to win midterm election.
CIR was impossible all along. It was delusional to think such a political hot potato can pass.
Not just my opinion ...but also that of IV board member: Greg Siskind.
The good part is as democratic party losses seats....the CIR lobby weakens and piecemeal will have better chance.
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