transpass
07-22 11:16 PM
You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.
As far as I-9 form goes, it is my understanding that it is not filed with any agency. The form is retained by the employer only.
As far as I-9 form goes, it is my understanding that it is not filed with any agency. The form is retained by the employer only.
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Jaime
05-31 01:43 PM
I work for a big company and I know where a lot of the H1B people congregate for lunch and I posted the IV poster there
rpat1968
07-15 08:16 PM
Why blame USCIS when you classify yourself as EB3!
Your profile says you are EB3. I hope it was put by you not by USCIS.
May be your I-140 was also for EB3, a misclassification by you. Do you remember?
Don't just post without knowing the facts. See my response I posted.
Your profile says you are EB3. I hope it was put by you not by USCIS.
May be your I-140 was also for EB3, a misclassification by you. Do you remember?
Don't just post without knowing the facts. See my response I posted.
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ramus
07-04 03:47 PM
Good finding...
Please post this on http://immigrationvoice.org/forum/showthread.php?t=5994&page=21
Please post this on http://immigrationvoice.org/forum/showthread.php?t=5994&page=21
more...
nc14
07-13 07:46 AM
I did it some time back. It was linked on murthy.com. So, I think it is legit and anything for Congresswoman Lofgren (Champion of our cause).
pappu
01-27 02:03 PM
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
Congrats.
After Greencard, you can actually do a lot more to help this community. We are looking for such GC holder people within IV that are interested in political advocacy. If you would like to get active contact IV.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
Congrats.
After Greencard, you can actually do a lot more to help this community. We are looking for such GC holder people within IV that are interested in political advocacy. If you would like to get active contact IV.
more...
Adam
08-20 03:52 PM
That's really good too! Man, we're gonna have to have a seperate contest just for owl smilies :lol:
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morchu
05-04 02:42 PM
No the H1B doesn't become INVALID.
You just may not be eligible for another extension.
All:
What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?
You just may not be eligible for another extension.
All:
What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?
more...
coolmanasip
06-18 09:54 PM
Bachelors+5yrs is also fine for EB2----- As per my lawyer at the time of my filing....EB2 requires either MS or BS+yrs.....
I agree with the earlier post....look at how it was advertized.....in my case, we did only MS since I had MS and did not have 5 yrs then...so the advertisement said only MS as requirement....
If your advertisement does not require MS, then this should be solved by a simple letter explaining the same......If by mistake it says only MS then the RFE is right in asking for MS certificate....however if the advertisement said either MS or BS+5 yrs ...you are covered......
Another important question is did you have 5 yrs when your labor was filed...becos that justifies ur EB2.....
Thanks....
I agree with the earlier post....look at how it was advertized.....in my case, we did only MS since I had MS and did not have 5 yrs then...so the advertisement said only MS as requirement....
If your advertisement does not require MS, then this should be solved by a simple letter explaining the same......If by mistake it says only MS then the RFE is right in asking for MS certificate....however if the advertisement said either MS or BS+5 yrs ...you are covered......
Another important question is did you have 5 yrs when your labor was filed...becos that justifies ur EB2.....
Thanks....
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Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
more...
510picker
November 30th, 2008, 06:41 PM
Owen, when did you go over to the dark side? :eek:
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starving_dog
09-01 09:39 AM
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
more...
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godbless
02-23 02:37 PM
Pappu, please post such tit bits (of your choice) at regular intervals. Thanks.
As you must have learnt by now, we have 97% babies who need a feeding bottle at regular intervals.
Thank you MOM!!!!!! Make sure that the bottle is not empty.
As you must have learnt by now, we have 97% babies who need a feeding bottle at regular intervals.
Thank you MOM!!!!!! Make sure that the bottle is not empty.
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gparr
July 18th, 2004, 07:41 AM
My apologies if everyone is sick of looking at my flower images. This bloom is from what we call spider plants. They're a unique very open bloom with just a few petals and long stamens/anthers. Separating out one bloom and getting enough DOF proved very difficult to impossible. Would appreciate any suggestions.
Gary
http://www.dphoto.us/forumphotos/data/500/153spiderplant2.jpg
http://www.dphoto.us/forumphotos/data/500/153spiderplant.jpg
Gary
http://www.dphoto.us/forumphotos/data/500/153spiderplant2.jpg
http://www.dphoto.us/forumphotos/data/500/153spiderplant.jpg
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freddy22
04-24 03:52 PM
My son is in custody and I am bonding him out this week;
ICE charged him deportable as a Aggrevated Felon becuase ;
He had a PETTY LARCENY in 2009 (misdemeanor) - orginal sentance to 60 days weekend intermittent jail and 3 years probation;
He violated probation and was given a year of weekends by the judge;
Now ICE are charging him as a AF saying he is deportable because his record shows 365 sentance for the petty larceny!!!
I an others disagree and that 'a year of weekends' is NOT a sentance of a year or a suspended year;
Any case files or history anyone - your answers are welcomed!
ICE charged him deportable as a Aggrevated Felon becuase ;
He had a PETTY LARCENY in 2009 (misdemeanor) - orginal sentance to 60 days weekend intermittent jail and 3 years probation;
He violated probation and was given a year of weekends by the judge;
Now ICE are charging him as a AF saying he is deportable because his record shows 365 sentance for the petty larceny!!!
I an others disagree and that 'a year of weekends' is NOT a sentance of a year or a suspended year;
Any case files or history anyone - your answers are welcomed!
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imh1b
04-19 09:06 AM
Can the agent pay your salary as per market rate?
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anandrajesh
12-07 03:37 PM
Answers to the best of my knowledge. Read my Disclaimer at the end...
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
-- Yes. You can do that and explain the consular officer abt the need for new passport
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
-- Stamping in one of the ppt is enough. You need to carry both of your passports wherever you go. In my case i went for my stamping last month and my passport is expiring Aug 07. I have my 3 year stamping on my ppt.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
-- One appt for both of u is enough. There is provision to add upto 10 applicants of the same family in 1 appt slot.
3) Will appointment be available in Feb or we r too late ?
-- They have opened it up in all embassies. You will get it.
Try the link https://www.vfs-usa.co.in/Home.aspx to get an estimate.
Feel free to ask me for any more qns.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
-- Yes. You can do that and explain the consular officer abt the need for new passport
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
-- Stamping in one of the ppt is enough. You need to carry both of your passports wherever you go. In my case i went for my stamping last month and my passport is expiring Aug 07. I have my 3 year stamping on my ppt.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
-- One appt for both of u is enough. There is provision to add upto 10 applicants of the same family in 1 appt slot.
3) Will appointment be available in Feb or we r too late ?
-- They have opened it up in all embassies. You will get it.
Try the link https://www.vfs-usa.co.in/Home.aspx to get an estimate.
Feel free to ask me for any more qns.
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nlalchandani
01-11 11:55 AM
My wife has her name changed in the local county (Judge's order and a name change certificate)
She may start a job on EAD (has maiden name)..
Any clues on the process to make similar change in EAD, AP +passport (We would travel soon too), Pending 485 (so that her GC approval comes with the new name)
Has someone changed names for EAD, AP, 485..
She may start a job on EAD (has maiden name)..
Any clues on the process to make similar change in EAD, AP +passport (We would travel soon too), Pending 485 (so that her GC approval comes with the new name)
Has someone changed names for EAD, AP, 485..
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venkat80
08-09 01:14 PM
Uscis = I Sucs
Rolling_Flood
09-22 10:11 PM
bump!!!!!
bump
bump
masaternyc
01-13 07:34 PM
I think USCIS should substitute permanent labor not the date to be fair, because substituting date makes an individual jump the line.
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