royus77
06-20 04:54 PM
Yes. You can go for H1b stamping even though you applied for 485 . Not sure above your 2 ns Question
surge
02-12 07:17 AM
Hi everyone.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
ssnd03
03-04 02:57 PM
Finally some sanity on FBI Namecheck from the DHS head honcho Michael Chertoff. He is now saying things which everybody has been screaming for the last three four years. I have highlighted those. But it does take that long for wheels to turn even in the most liberal democracy.
Question: Mr. Secretary, you had, at the very beginning, laid out some great progress that's been made in terms of preventing bad people from getting in. And part of the Homeland Security mission, which is a challenging one, is that while you are responsible for protecting against bad things, you're also responsible for facilitating good things. And be that the flow of people, in this case, USCIS is responsible for that for the department. They've begun a $3.5 billion transformation. And I'm hoping you could speak to that in two ways. What's your concept of success in that, in terms of the national security part of it, the operational excellence part of it, and customer service part of it?
Secretary Chertoff: Three -- two main things. One is, we have to move from a paper-based system to a totally electronically-based system. We still have too much paper, and it's hard to track, it's hard to manage, and it takes a lot of time.
The second piece is, I want to rebuild -- re-engineer the system in a couple of ways. One is, and the most urgent, is to deal with the background check problem. It just takes way too long for the Bureau to complete background checks for a small but a significant number of people. The majority of people -- you know, if the name doesn't pop up on anything in the -- it's pretty quick. But for a small number -- but still significant, and certainly to the individual, significant -- if their name crops up and it's an older case, and it's in a file somewhere, someone has got to hunt it down. And to be perfectly honest, that is not a top priority job for an agent, is to go through an old paper record sitting in a warehouse.
Looking forward as we go electronically, and as the Bureau goes electronically, that problem will diminish. But looking backwards we have to re-engineer the system to be a little tougher. And one of the things we did, for example, with the green cards was we said, for background checks that took longer than six months, we would give you a green card, and then if it turned out the background check later revealed a problem, we would take the green card away.
Now why did we do that -- because I got criticized, �Oh, you're sacrificing national security.� Here's why. First of all, if you haven't been -- if it's going to take longer than six months, it's clear that you're not on a Terrorist Watch List, you haven't been convicted of a crime, you haven't been indicted for a crime. In other words, most of the major things you would worry about -- it's a very easy thing to determine whether you've had a problem or not. What you're not going to get in that six months is the guy whose name came up in a file somewhere. And the vast majority of those are benign mentions.
Secondly, you're here. If you're going to do something bad, you're still here legally. The green card -- it's not like we're bringing you in from overseas. So if you think about it logically, the risk of giving you the green card with the understanding that it can be pulled away if something turns up, it's a minimal risk. It's a minimal, marginal risk. Whereas the customer service value of giving someone the green card is high. That's an example of trying to be more cost-benefit in the system.
See
http://www.aila.org/content/default.aspx?docid=24818
Question: Mr. Secretary, you had, at the very beginning, laid out some great progress that's been made in terms of preventing bad people from getting in. And part of the Homeland Security mission, which is a challenging one, is that while you are responsible for protecting against bad things, you're also responsible for facilitating good things. And be that the flow of people, in this case, USCIS is responsible for that for the department. They've begun a $3.5 billion transformation. And I'm hoping you could speak to that in two ways. What's your concept of success in that, in terms of the national security part of it, the operational excellence part of it, and customer service part of it?
Secretary Chertoff: Three -- two main things. One is, we have to move from a paper-based system to a totally electronically-based system. We still have too much paper, and it's hard to track, it's hard to manage, and it takes a lot of time.
The second piece is, I want to rebuild -- re-engineer the system in a couple of ways. One is, and the most urgent, is to deal with the background check problem. It just takes way too long for the Bureau to complete background checks for a small but a significant number of people. The majority of people -- you know, if the name doesn't pop up on anything in the -- it's pretty quick. But for a small number -- but still significant, and certainly to the individual, significant -- if their name crops up and it's an older case, and it's in a file somewhere, someone has got to hunt it down. And to be perfectly honest, that is not a top priority job for an agent, is to go through an old paper record sitting in a warehouse.
Looking forward as we go electronically, and as the Bureau goes electronically, that problem will diminish. But looking backwards we have to re-engineer the system to be a little tougher. And one of the things we did, for example, with the green cards was we said, for background checks that took longer than six months, we would give you a green card, and then if it turned out the background check later revealed a problem, we would take the green card away.
Now why did we do that -- because I got criticized, �Oh, you're sacrificing national security.� Here's why. First of all, if you haven't been -- if it's going to take longer than six months, it's clear that you're not on a Terrorist Watch List, you haven't been convicted of a crime, you haven't been indicted for a crime. In other words, most of the major things you would worry about -- it's a very easy thing to determine whether you've had a problem or not. What you're not going to get in that six months is the guy whose name came up in a file somewhere. And the vast majority of those are benign mentions.
Secondly, you're here. If you're going to do something bad, you're still here legally. The green card -- it's not like we're bringing you in from overseas. So if you think about it logically, the risk of giving you the green card with the understanding that it can be pulled away if something turns up, it's a minimal risk. It's a minimal, marginal risk. Whereas the customer service value of giving someone the green card is high. That's an example of trying to be more cost-benefit in the system.
See
http://www.aila.org/content/default.aspx?docid=24818
H1bslave
11-14 10:27 AM
At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.
Well, are you sure I would need to work for this "future employer" for 6 months?
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
Well, are you sure I would need to work for this "future employer" for 6 months?
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
more...
gc_kaavaali
11-14 10:36 AM
After six months can i do H1 transfer with some other company...just want to be on H1 until i get GC (though it is not practical now because it takes years to get GC)...
godbless
06-29 11:28 AM
Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.
more...
pratikgr
08-09 08:55 AM
Hey ..You could take GMAT training or something from Kaplan which issues F-1 Visa for 3 months which is the duration of the course. 20 hours of mandatory attendence is there per week and you cannot work during that time....but you are covered legally. First get an F-1 and then apply for a H-1. I did this in 2004.
Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?
Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.
Yes marriage is another option, but only 50% is in my hand for this option.
Please please guys, get me some way out of this situation.
Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.
Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?
Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.
Yes marriage is another option, but only 50% is in my hand for this option.
Please please guys, get me some way out of this situation.
Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.
plassey
07-23 10:41 PM
I think, he should run for his life from his in laws now...:)
with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)
with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)
more...
green_world
02-13 08:59 PM
I-485?? save $$ join IV
Steve Mitchell
February 2nd, 2004, 11:22 PM
Here are the compatable lenses from the spec sheet:
Compatible Lenses
1) DX Nikkor : All functions supported
2) Type G or D AF Nikkor : All functions supported 3) Micro Nikkor 85 mm F2.8D : All functions supported except autofocus and some exposure modes 4) Other AF Nikkor*2 : All functions supported except 3D colour matrix metering, i-TTL balanced fill-fl ash for digital SLR
5) AI-P Nikkor : All functions supported except 3D colour matrix metering, i-TTL balanced fill-flash for digital SLR, and autofocus
6) Non-CPU : Can be used in exposure mode M, but exposure meter does not function; electronic range finder can be used if maximum aperture is f/5.6 or faster *1 IX Nikkor lenses can not be used; *2 Excluding lenses for F3AF
Not sure about the flash...maybe StevenT will see this and help you out. Also, not sure if you've seen the full official spec sheet, but here it is. Click here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=121).
Hi,
From an old time NIkon user with of all cameras the N70 (sort of ironic). I currently own a canon dig camera (s50) and I have found the need for a better optical zoom range, and stronger flash.
Almost bought the new canon rebel, but since I own some nikon equipment, and heard about d70, I held off.
So, the questions:;;
1) Will I be able to use my Nikon AF Nikkor 35-80mm lens?
2) How about my Sigma 70-300mm apo macro for nikon?
3) I also have sb26 nikon flash?
Are these all usable? WIll I be giving up functionality with these lenses or flash? Obviously, I'm more willing to spend 1k on the camera if I can utilize my current investment in my lenses and flash.
Thanks
Craig
Compatible Lenses
1) DX Nikkor : All functions supported
2) Type G or D AF Nikkor : All functions supported 3) Micro Nikkor 85 mm F2.8D : All functions supported except autofocus and some exposure modes 4) Other AF Nikkor*2 : All functions supported except 3D colour matrix metering, i-TTL balanced fill-fl ash for digital SLR
5) AI-P Nikkor : All functions supported except 3D colour matrix metering, i-TTL balanced fill-flash for digital SLR, and autofocus
6) Non-CPU : Can be used in exposure mode M, but exposure meter does not function; electronic range finder can be used if maximum aperture is f/5.6 or faster *1 IX Nikkor lenses can not be used; *2 Excluding lenses for F3AF
Not sure about the flash...maybe StevenT will see this and help you out. Also, not sure if you've seen the full official spec sheet, but here it is. Click here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=121).
Hi,
From an old time NIkon user with of all cameras the N70 (sort of ironic). I currently own a canon dig camera (s50) and I have found the need for a better optical zoom range, and stronger flash.
Almost bought the new canon rebel, but since I own some nikon equipment, and heard about d70, I held off.
So, the questions:;;
1) Will I be able to use my Nikon AF Nikkor 35-80mm lens?
2) How about my Sigma 70-300mm apo macro for nikon?
3) I also have sb26 nikon flash?
Are these all usable? WIll I be giving up functionality with these lenses or flash? Obviously, I'm more willing to spend 1k on the camera if I can utilize my current investment in my lenses and flash.
Thanks
Craig
more...
americandesi
08-11 05:39 PM
That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
garfield
10-07 07:47 PM
Thanks for your response... appreciate it!
more...
green_card_curious
03-08 10:17 AM
This is EXACTLY the confusion. My case is explained below:
1. I am on H1-B - havent used my EAD yet
2. My wife has and is currently using her EAD though
3. We filed I-140 (NIW) and I-485, concurrently for both of us in July 2007.
So what happens to our I-485's and her EAD? My attorney says she should be alright (legally and work eligibility wise) till we appeal and get the final decision. But we are hearing different things at these forums. So really not sure...
Ideas? Suggestions? Examples?
Thanks,
1. I am on H1-B - havent used my EAD yet
2. My wife has and is currently using her EAD though
3. We filed I-140 (NIW) and I-485, concurrently for both of us in July 2007.
So what happens to our I-485's and her EAD? My attorney says she should be alright (legally and work eligibility wise) till we appeal and get the final decision. But we are hearing different things at these forums. So really not sure...
Ideas? Suggestions? Examples?
Thanks,
GCFISH
09-26 05:00 PM
I am a july 2nd filer, just called the call center, call got transferred to 2nd level rep. She looked in the system and it's not in their system yet. And she couldn't advise any thing when I asked her what is the next step.
more...
GCWarrior
04-16 02:57 PM
Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?
Thanks
Thanks
raamskl
07-07 12:40 PM
Done..
Good luck to ur son.
Good luck to ur son.
more...
qualified_trash
11-15 09:08 AM
I head that Backlog centers is allowing people to convert their applications from TR to RIR. Can I know whats the process. I can ask my lawyer to do that
I am sorry but you seem to be confused. Your post says that the RIR provision in your app was rejected and your labor app has been put in the TR queue (traditional recruitment). now you are asking if you can convert to RIR again??
how will they let you convert when they specifically rejected the RIR?? I suggest you speak with a lawyer, and, understand this process completely before taking any further steps.
I am sorry but you seem to be confused. Your post says that the RIR provision in your app was rejected and your labor app has been put in the TR queue (traditional recruitment). now you are asking if you can convert to RIR again??
how will they let you convert when they specifically rejected the RIR?? I suggest you speak with a lawyer, and, understand this process completely before taking any further steps.
atul555
07-30 08:15 PM
It will progress all the way to 2002 Nov - Dec by Oct visa bulletin and keep progressing to 2003 or 2004 beginning by end of fiscal year 2010. The basis of this calculation is part visa number usage analysis, and part hope :) let's see how it pans out.
greencard_fever
01-14 01:43 PM
Enjoy the freedom..congrats!!
sunny1000
03-23 01:55 PM
smuggymba,
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
Ask your lawyer if you can get the I-94 corrected Nunc Pro Tunc.
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
Good luck to you.
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
Ask your lawyer if you can get the I-94 corrected Nunc Pro Tunc.
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
Good luck to you.
eilsoe
10-03 01:48 PM
I have a feeling this could get evil...
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