logiclife
08-27 12:09 PM
And they say why Albert Pinto "Plassey" is an angry man?
My current H1 is expiring soon. My 3 year H1 extension is pending. I had receipt notice but NJ DMV at Wayne refused to accept that. My current License is valid only till the middle of the next month.
Any body in the same boat? What shall I do?
A growing number of states now refuse to issue driver's license beyond the validity of I-94. that means that until your H1 extension is approved, you wont get it, because the new I-94 with new dates will come only after your extension is approved.
Now, in Arizona, they accept receipt of H1. In Nevada they dont. Other states have other rules. I know only about these 2.
You can upgrade your H1 to premium filling out a form and it will get approved in 7-10 days. Your employer should bear the expense of premium filing because the employer procrastinate and delay filing of extensions even though its possible to file extension 6 months ahead of expiration date. That procrastination should cost the employer or the lawyer, whoever caused the delay.
You cant blame DMVs for asking for latest I-94. That is the only way they can make sure they are not issuing driver's license to those who overstayed their visas and became illegals. The blame here lies at the feet of employers and lawyers who delay filing extension till the last moment. USCIS gives H1 extension in usually 3-4 months. If everyone filed 6 months ahead of expiry, there is no problem.
Sometimes the government does all it can, and it is possible to avoid all pain if right things are done. But people never easily admit their own mistakes of procrastination and then blame USCIS. USCIS and DMVs of states are totally ok on this issue, in my opinion.
My current H1 is expiring soon. My 3 year H1 extension is pending. I had receipt notice but NJ DMV at Wayne refused to accept that. My current License is valid only till the middle of the next month.
Any body in the same boat? What shall I do?
A growing number of states now refuse to issue driver's license beyond the validity of I-94. that means that until your H1 extension is approved, you wont get it, because the new I-94 with new dates will come only after your extension is approved.
Now, in Arizona, they accept receipt of H1. In Nevada they dont. Other states have other rules. I know only about these 2.
You can upgrade your H1 to premium filling out a form and it will get approved in 7-10 days. Your employer should bear the expense of premium filing because the employer procrastinate and delay filing of extensions even though its possible to file extension 6 months ahead of expiration date. That procrastination should cost the employer or the lawyer, whoever caused the delay.
You cant blame DMVs for asking for latest I-94. That is the only way they can make sure they are not issuing driver's license to those who overstayed their visas and became illegals. The blame here lies at the feet of employers and lawyers who delay filing extension till the last moment. USCIS gives H1 extension in usually 3-4 months. If everyone filed 6 months ahead of expiry, there is no problem.
Sometimes the government does all it can, and it is possible to avoid all pain if right things are done. But people never easily admit their own mistakes of procrastination and then blame USCIS. USCIS and DMVs of states are totally ok on this issue, in my opinion.
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mchatrvd
07-31 11:58 AM
I can understand cases where dates are current. But how they decide on cases which might have "visas available in coming months"? Do they know beforehand the movement of dates for coming months? or does that mean they continue pre-adjudicating cases in an order (probably by Priority Date)?
getgreensoon1
05-06 09:33 AM
Come on.. we are not talking about hiring.. No company is waiting in line to hire anybody coming out from Aspen University with Masters Degree.
What we are talking here is whether One holding 3 yr bachelors Degree from India be eligible to apply under EB-2 category after completing Masters Degree from an accredited university.
If the PERM Job description says " Masters Degree"
GO home and stand in front of a mirror and ask yourself if your 3 year degree and a masters bought for 4k will get you a greencard in eb2.
What we are talking here is whether One holding 3 yr bachelors Degree from India be eligible to apply under EB-2 category after completing Masters Degree from an accredited university.
If the PERM Job description says " Masters Degree"
GO home and stand in front of a mirror and ask yourself if your 3 year degree and a masters bought for 4k will get you a greencard in eb2.
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mpadapa
10-05 04:39 PM
The person was checking his option for the return journey (after the happy hr)
Its always good to have a designated driver:D
You dont need to take a cab to come over to the place..
Beleive me friend .. Its a nice walk from Time Square to Maya Lounge... Probably 15 minutes..
Just go to google maps and you will be fine..
Its always good to have a designated driver:D
You dont need to take a cab to come over to the place..
Beleive me friend .. Its a nice walk from Time Square to Maya Lounge... Probably 15 minutes..
Just go to google maps and you will be fine..
pappu
05-10 09:42 AM
2007 DC Rally Blog
Immigration Voice rally in DC - Live updates (http://dcrally.blogspot.com/)
----------
Full Page color ad in Roll Call
http://immigrationvoice.org/media/forums/iv/rollcal3a.pdf
Immigration Voice rally in DC - Live updates (http://dcrally.blogspot.com/)
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Full Page color ad in Roll Call
http://immigrationvoice.org/media/forums/iv/rollcal3a.pdf
dealsnet
10-11 12:25 AM
Patriotism is depends upon individual thinking. My friend's uncle is a former army officer from India and he is in the USA for 35 years. Participated in 1971 war. But he didn't become US citizen. I asked why, he told me he took the oath to serve India and fight for her whenever there is a requirement. So he want to keep his oath. If he want to become US citizen he need to break the oath and take a oath to fight for USA, even if against India. He is not a RSS or VHP person. He is a christian (for your info).
So patriotism is not by speech or blogging from USA. It is by action. How many people help poor people in India ?. Most members here want to become US citizen. Only complaint is the delay. So love your counry of birth and love the country giving opportunities.
Can you please provide us any link or legal constitutional document from any legal organization in India and USA which states that Patriotic Indian ( For the sake of argument Indian) should not apply for US Green Card ( Permanent residency)? Or for that matter can you legally proove that not applying for US GC is the barometer of patriotism towards India for an Indian?
Do you have any reading comprehension capabilities?
Read the first sentence of following link and let me know what do you comprehend?
Your lesson for US immigration starts from here.
USCIS - Green Card (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Best Luck.
So patriotism is not by speech or blogging from USA. It is by action. How many people help poor people in India ?. Most members here want to become US citizen. Only complaint is the delay. So love your counry of birth and love the country giving opportunities.
Can you please provide us any link or legal constitutional document from any legal organization in India and USA which states that Patriotic Indian ( For the sake of argument Indian) should not apply for US Green Card ( Permanent residency)? Or for that matter can you legally proove that not applying for US GC is the barometer of patriotism towards India for an Indian?
Do you have any reading comprehension capabilities?
Read the first sentence of following link and let me know what do you comprehend?
Your lesson for US immigration starts from here.
USCIS - Green Card (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Best Luck.
chanduv23
10-04 05:07 PM
Your Commitment is Amazing !
I hope people from NJ/NY members will join me to support you
Thanks !
Yes, things have improved now in the chapter - we have extremely dedicated members - and we are all buddies - there is a new energy in this chapter.
The Tri State area has a huge potential and we must tap it.
Thanks for your support. Please help me bump this thread :)
If 50+ people make it to Maya - we will ask the manager to give 3 for 1 happy hour :)
I hope people from NJ/NY members will join me to support you
Thanks !
Yes, things have improved now in the chapter - we have extremely dedicated members - and we are all buddies - there is a new energy in this chapter.
The Tri State area has a huge potential and we must tap it.
Thanks for your support. Please help me bump this thread :)
If 50+ people make it to Maya - we will ask the manager to give 3 for 1 happy hour :)
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wellwishergc
01-18 08:10 AM
I was trying to donate some additional money. Got an error. Please check the error. I have also urged my colleagues to contribute.
eb3retro
10-14 07:24 AM
which service center did you apply? and what was the recd date?
Anybody received rfe? We received rfe on photos and was replied on 09/27.. No reply yet.
Anybody knows how long it take to receive approval after rfe reply..
Anybody received rfe? We received rfe on photos and was replied on 09/27.. No reply yet.
Anybody knows how long it take to receive approval after rfe reply..
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TheOmbudsman
10-17 05:33 PM
Desibechara,
I am very sorry. I know exactly what you have been through. My wife also experienced a very complicated pregnancy. My baby *nearly* was born prematurily. Then Thanks God that did not happen. I felt all the pain because my wife was kept flat on bed rest for 4 months.
To make things more complicated, the doctors made an apparent mistake and mixed two type of incompatible medicines which made her develop fluids in her lungs. She was transferred to another hospital, in which a young doctor, an intern, believed she had developed a blood clot on her lung ! She was submitted to several exams to determine that was not a blood clot.
The bill for all that ? $40,000+. If I had to pay that on my own, I would be in bad shape.
In this country is dog eat dog, rat eat rat. It is about money. I am still happier here than in Canada though. That varies from individual to individual though.
Good luck to you.
H1b humane-hear my story..it cannot be as inhuman as it can be..(i have written the story in one of the forums before also..)
My PD-Oct 2001..Eb3..My wife RIR-almost making it thru I140when all hell broke loose in our lives...my wife was pregnant and because of stupid gynaecologist..she ended up in hospital with complicated premature preganancy..guess what..as if it was not bad enough..her company got acquired just when she was admitted in hospital...imagine wondering about health insurance when she was kept to bed rest with no mobility allowed..we filed for insurance by mistake..which said that 20% in patient.....we were so shaken that even human resource did not advise us..guess what..baby was born..and it was surmised that baby will have long stay in hosiptal...2-3 months(eventually it was 4 months!)..somwhere around the first month..I realized that her insurance..will rip me off..I called right at the end of the first month..and tried several times to put my wife and baby on my insurance so that i don't end up paying 20%..it was lot of efforts until I found some desi in Blue cross insurance who put the whole family from the first initial month..when normally people get the policy for the following month at that time.
one down --and then another came..my wife was called to her office from hospital saying that..since there was lot of work in her office..she could come for some days..guess what..she went back..thinking..she could finish work and then take extended leave....guess what..she was laid off..and with baby in hospital..and lay off..plus a rush to change her status to H4 visa..imagine the workload.....finally got her status changed..to h4 visa..with GC and labor in trash...
I was so disgusted..that I started writing to Governor Shwarzenegger' office..who put me with Senator Diane Fienstein..and of course labor secretory Chao..after all the correspondings..all I got was my D number listed from Dallas..their sympathies...ALL I WROTE to them..Hey I want to change jobs because in those days I was commuting between LA to San Diego..where my baby was hospitalized...I wanted to be with my baby..and not work..but it was not possible..if I did..then I could get out of status...I even wrote to Department of Homeland security...and got no reply...they don't care..I ahve to be illegal to get sympathies..I guess!
Situation was bad..finally baby was out of hospital and I weathered all with help of Almighty...and now I am so disgusted with system..that I am moving to vancouver...
But I have another pleasant surprise..my boss wants me to work from vancouver and visit office once in a month...I don't know...whether it is possible...stay in vancouver and visit LA for 2 weeks and then go back and still maintain H1 status..
what do you say..after all the stress!
DB
I am very sorry. I know exactly what you have been through. My wife also experienced a very complicated pregnancy. My baby *nearly* was born prematurily. Then Thanks God that did not happen. I felt all the pain because my wife was kept flat on bed rest for 4 months.
To make things more complicated, the doctors made an apparent mistake and mixed two type of incompatible medicines which made her develop fluids in her lungs. She was transferred to another hospital, in which a young doctor, an intern, believed she had developed a blood clot on her lung ! She was submitted to several exams to determine that was not a blood clot.
The bill for all that ? $40,000+. If I had to pay that on my own, I would be in bad shape.
In this country is dog eat dog, rat eat rat. It is about money. I am still happier here than in Canada though. That varies from individual to individual though.
Good luck to you.
H1b humane-hear my story..it cannot be as inhuman as it can be..(i have written the story in one of the forums before also..)
My PD-Oct 2001..Eb3..My wife RIR-almost making it thru I140when all hell broke loose in our lives...my wife was pregnant and because of stupid gynaecologist..she ended up in hospital with complicated premature preganancy..guess what..as if it was not bad enough..her company got acquired just when she was admitted in hospital...imagine wondering about health insurance when she was kept to bed rest with no mobility allowed..we filed for insurance by mistake..which said that 20% in patient.....we were so shaken that even human resource did not advise us..guess what..baby was born..and it was surmised that baby will have long stay in hosiptal...2-3 months(eventually it was 4 months!)..somwhere around the first month..I realized that her insurance..will rip me off..I called right at the end of the first month..and tried several times to put my wife and baby on my insurance so that i don't end up paying 20%..it was lot of efforts until I found some desi in Blue cross insurance who put the whole family from the first initial month..when normally people get the policy for the following month at that time.
one down --and then another came..my wife was called to her office from hospital saying that..since there was lot of work in her office..she could come for some days..guess what..she went back..thinking..she could finish work and then take extended leave....guess what..she was laid off..and with baby in hospital..and lay off..plus a rush to change her status to H4 visa..imagine the workload.....finally got her status changed..to h4 visa..with GC and labor in trash...
I was so disgusted..that I started writing to Governor Shwarzenegger' office..who put me with Senator Diane Fienstein..and of course labor secretory Chao..after all the correspondings..all I got was my D number listed from Dallas..their sympathies...ALL I WROTE to them..Hey I want to change jobs because in those days I was commuting between LA to San Diego..where my baby was hospitalized...I wanted to be with my baby..and not work..but it was not possible..if I did..then I could get out of status...I even wrote to Department of Homeland security...and got no reply...they don't care..I ahve to be illegal to get sympathies..I guess!
Situation was bad..finally baby was out of hospital and I weathered all with help of Almighty...and now I am so disgusted with system..that I am moving to vancouver...
But I have another pleasant surprise..my boss wants me to work from vancouver and visit office once in a month...I don't know...whether it is possible...stay in vancouver and visit LA for 2 weeks and then go back and still maintain H1 status..
what do you say..after all the stress!
DB
EBX-Man
05-06 11:02 AM
gc_rip,srisri007,
Instead of asking people on this forum i would say it is a question which needs to be addressed to the education evaluations people. They are the best persons to provide you with proper advice and guidance.
Instead of asking people on this forum i would say it is a question which needs to be addressed to the education evaluations people. They are the best persons to provide you with proper advice and guidance.
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casinoroyale
07-01 04:28 PM
Hi
I have a I131 (AP) renewal question. My first original AP was issued on Nov/2007. I understand that it expires in 1 year( I do not have the AP doc right in front of me right now). Also I traveled to Mexico in May 08 using AP and was stamped on AP as paroled until May 2009.
Is there a 120 day rule to file AP renewal (like the one for EAD)? Do I need to file for renewal of AP now (120 day before) or close to May 2009? I have filed for EAD renewal 1 month back and am still waiting for approval, will it cause any problems if I file for renewal while EAD renewal is pending?
120 days before expiration of AP not what is stamped as paroled until.
EAD renewal will not interfere with AP renewal.
I have a I131 (AP) renewal question. My first original AP was issued on Nov/2007. I understand that it expires in 1 year( I do not have the AP doc right in front of me right now). Also I traveled to Mexico in May 08 using AP and was stamped on AP as paroled until May 2009.
Is there a 120 day rule to file AP renewal (like the one for EAD)? Do I need to file for renewal of AP now (120 day before) or close to May 2009? I have filed for EAD renewal 1 month back and am still waiting for approval, will it cause any problems if I file for renewal while EAD renewal is pending?
120 days before expiration of AP not what is stamped as paroled until.
EAD renewal will not interfere with AP renewal.
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jsb
03-19 03:32 PM
We could not even pool $10K for FOIA. For lobbying, one needs lots and lots of money in the range of 100K -200K. What can IV do? Can you explain what you mean by "something'? if all of us EB3's can pool 100K, then we can request IV to do "SOMETHING". Hope every one understands this.
How is anybody sure that by spending 5K or 10K, you will get what you are looking for? Just because somebody quoted 5K fee for such an information (which may be their standard response to such custom information extraction requests), it does not mean it can be readily found. If it were that easy, USCIS/DOS would be using it. The fact remains that PD related information does not exist other than in physical paper applications/files related with LC, I-140 and I-485. There is nothing on the system based on PD's. Don't we see it in guesswork used for advancing and retrogressing PD's. Note that for most immigration applcations PD's do not play any role. Only when at adjudication time, birth country is noted to be India/China, the officer has to check PD with respect to current cutoff dates. Systems are not designed for handling any processings based on PD's, so quick access to such information is not available - with a fee or without a fee
How is anybody sure that by spending 5K or 10K, you will get what you are looking for? Just because somebody quoted 5K fee for such an information (which may be their standard response to such custom information extraction requests), it does not mean it can be readily found. If it were that easy, USCIS/DOS would be using it. The fact remains that PD related information does not exist other than in physical paper applications/files related with LC, I-140 and I-485. There is nothing on the system based on PD's. Don't we see it in guesswork used for advancing and retrogressing PD's. Note that for most immigration applcations PD's do not play any role. Only when at adjudication time, birth country is noted to be India/China, the officer has to check PD with respect to current cutoff dates. Systems are not designed for handling any processings based on PD's, so quick access to such information is not available - with a fee or without a fee
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diptam
05-31 11:11 AM
Guys -
Dont lose "Hope". Its the most audacious word. I left the country in May 2009 with frustration , anger and the fact that whenever I was finding a contract in that tough times peoples were even NOT interviewing me the moment they heard that I'm a "H". They dont want to hear if I have EAD or my GC is going on - PERIOD. The vendors and contacts who loved me ( because they ripped high billing from me in 2000-2009) even started ignoring me.
I felt harassed that i'm fighting on a "non-level" playing field. Eventually I got something at CA (I live at MA) for 55/hour and on the other hand I got a top notch salary offer from a US born Hardware company's Offshore office at Bangalore, India. They SHIPPED all jobs from US to India. I took that offer because I have my Old parents there at India and missed their company for 9+ yrs ( apart from regular vacations).
However I could not adjust with several things there and ran back here after 10 months and found a truly EB2 job and ported my EB3 Mar 2005 Priority Date to EB2 in less than 1 year - I'm CURRENT ( YAAAYY !!) and Waiting for GC to come any day....
By the way - I'm not M.S from US or any kind of masters degree holder from anywhere. I have a strong B.E degree from one of the Top 10 engineering colleges of India (not I.I.T though) and 11+ yrs US experience and 12+ yrs total IT experience in my kitty.
Nothing is impossible - Wish Best of Luck to all EB3 India guys , you have the ability to turn the game , just play it truthfully and play it smart.
Let me know if anyone needs any help - Email me or PM me.
Regards,
Diptam
EB3 is not working, because we have no hope, not because we all went back or have ported.
Dont lose "Hope". Its the most audacious word. I left the country in May 2009 with frustration , anger and the fact that whenever I was finding a contract in that tough times peoples were even NOT interviewing me the moment they heard that I'm a "H". They dont want to hear if I have EAD or my GC is going on - PERIOD. The vendors and contacts who loved me ( because they ripped high billing from me in 2000-2009) even started ignoring me.
I felt harassed that i'm fighting on a "non-level" playing field. Eventually I got something at CA (I live at MA) for 55/hour and on the other hand I got a top notch salary offer from a US born Hardware company's Offshore office at Bangalore, India. They SHIPPED all jobs from US to India. I took that offer because I have my Old parents there at India and missed their company for 9+ yrs ( apart from regular vacations).
However I could not adjust with several things there and ran back here after 10 months and found a truly EB2 job and ported my EB3 Mar 2005 Priority Date to EB2 in less than 1 year - I'm CURRENT ( YAAAYY !!) and Waiting for GC to come any day....
By the way - I'm not M.S from US or any kind of masters degree holder from anywhere. I have a strong B.E degree from one of the Top 10 engineering colleges of India (not I.I.T though) and 11+ yrs US experience and 12+ yrs total IT experience in my kitty.
Nothing is impossible - Wish Best of Luck to all EB3 India guys , you have the ability to turn the game , just play it truthfully and play it smart.
Let me know if anyone needs any help - Email me or PM me.
Regards,
Diptam
EB3 is not working, because we have no hope, not because we all went back or have ported.
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purplehazea
05-24 04:03 PM
1) AC21 is used for H1B Transfer AND
2) AC21 is use for EAD (485 phase) Job change
This bill is addressing number 1 above NOT number 2. The above scenarios reflect the current system not the future merit based or whatever else. I am assuming a case where an applicant continues under the old system.
If anyone disagrees please substantiate.
2) AC21 is use for EAD (485 phase) Job change
This bill is addressing number 1 above NOT number 2. The above scenarios reflect the current system not the future merit based or whatever else. I am assuming a case where an applicant continues under the old system.
If anyone disagrees please substantiate.
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gcisadawg
05-29 07:21 AM
If America losses us, many of us are already planning to go back to India because of this GC process, they will also lose these kids who are bright future of America.
To me, more than anything, what the immigrant parents bring to the table, is the stable family life that they can provide to their children that is the best of eastern and western values. I hope this run continues and these kids excel in whatever they do.
GCisaDawg
To me, more than anything, what the immigrant parents bring to the table, is the stable family life that they can provide to their children that is the best of eastern and western values. I hope this run continues and these kids excel in whatever they do.
GCisaDawg
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sanju
04-17 02:25 PM
Dear sgorla,
We will all miss you since you are leaving for India soon. It seems that you have figured it all out and know what India needs. Now the next step is, you need to go there to create "Transparent Government", "clean drinking water", "roads" AND "change attitudes", oh! Last one is a biggee. Changing attitudes starts with the person preaching it
Be the change you wish to see in the world ~ Mahatma Gandhi
If we cannot focus on the issues at hand but expect others will do it or IV core will pay from their pocket, then how is your assertion about changing attitudes different from your behavior. No offense meant, I am just trying to understand. Changing attitudes starts with each one of us, not just by talking or writing it for others to follow.
Now let’s get back to real problem at hand. What is the $ rate to Rs. today? I do not want to waste my time going to finance.yahoo.com. Let’s make Iv a one stop shop for all our needs.
Very well said, nozerd. Indians may keep dreaming about INR gaining value against USD. It might actually happen at some point of time, but without the proper infrastructure that it needs, its going nowhere in my opinion.
What India needs is
Transparent Government without any trace of corruption atleast in regular day-to-day life
Clean drinking water, un-interrupted power supply
Roads and neighborhoods without trash pile ups
Change of people's attitude that Govt should do everything for them, but without having to have pay taxes, fee etc.
We will all miss you since you are leaving for India soon. It seems that you have figured it all out and know what India needs. Now the next step is, you need to go there to create "Transparent Government", "clean drinking water", "roads" AND "change attitudes", oh! Last one is a biggee. Changing attitudes starts with the person preaching it
Be the change you wish to see in the world ~ Mahatma Gandhi
If we cannot focus on the issues at hand but expect others will do it or IV core will pay from their pocket, then how is your assertion about changing attitudes different from your behavior. No offense meant, I am just trying to understand. Changing attitudes starts with each one of us, not just by talking or writing it for others to follow.
Now let’s get back to real problem at hand. What is the $ rate to Rs. today? I do not want to waste my time going to finance.yahoo.com. Let’s make Iv a one stop shop for all our needs.
Very well said, nozerd. Indians may keep dreaming about INR gaining value against USD. It might actually happen at some point of time, but without the proper infrastructure that it needs, its going nowhere in my opinion.
What India needs is
Transparent Government without any trace of corruption atleast in regular day-to-day life
Clean drinking water, un-interrupted power supply
Roads and neighborhoods without trash pile ups
Change of people's attitude that Govt should do everything for them, but without having to have pay taxes, fee etc.
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pappu
02-06 08:25 PM
Please send us an email at info at immigrationvoice.org with the details of this denial so that we can look into your case.
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qplearn
11-19 03:56 PM
I got my license renewed till 2013. No issues at all. I am on EAD.
I love NY!
Bottlemani:
Your driver's license in NY EFFECTIVELY expires the day your EAD expires. It will probably show a later date as an official expiration date, but that date is of little use. In red letters they have another date that shows the date of your EAD expiry, which cannot be 2013. That is the date of expiration of your DL. Make sure you get it renewed before it expires.
I have had to renew my DL two times here in NY State because my EAD expired.
I love NY!
Bottlemani:
Your driver's license in NY EFFECTIVELY expires the day your EAD expires. It will probably show a later date as an official expiration date, but that date is of little use. In red letters they have another date that shows the date of your EAD expiry, which cannot be 2013. That is the date of expiration of your DL. Make sure you get it renewed before it expires.
I have had to renew my DL two times here in NY State because my EAD expired.
ars01
07-09 01:32 PM
Popoye,
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
The following is copied directly from a USCIS memorandum:
"If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
(�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation.1 If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment."
Looks like I-140 must be approved to use AC-21.
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
The following is copied directly from a USCIS memorandum:
"If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
(�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation.1 If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment."
Looks like I-140 must be approved to use AC-21.
a.j.2048
02-15 06:32 PM
just a few years back the masters quota would take till aug to fill up , and this time it went in to lottery , i wonder how :rolleyes:
It's not surprising. The EB system is so slow that there is demand from spouses of H holders for H1 either before or after an MS. This is new demand that in earlier years did not exist due to people getting EADs fairly quickly. Also add to that the production of MS degrees by the universities locally and the growth of the economy in this decade. The demand for the H1 are only a symptom of clogged EB system.
It's not surprising. The EB system is so slow that there is demand from spouses of H holders for H1 either before or after an MS. This is new demand that in earlier years did not exist due to people getting EADs fairly quickly. Also add to that the production of MS degrees by the universities locally and the growth of the economy in this decade. The demand for the H1 are only a symptom of clogged EB system.