go_guy123
05-30 11:56 AM
While doing some ad-hoc research after watching Valkyrie, I discovered this interesting bit of U.S. immigration history and couldn't help but be amazed how nobody seems to know or talk about United States v. Bhagat Singh Thind (http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind).
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Eventually this bill introduced that 7% per country cap
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Eventually this bill introduced that 7% per country cap
widad2020
07-17 05:47 PM
Congrats and Good Luck to all.Thanks
alseethis
08-09 11:24 AM
Let the guy ask. I see a couple of times somebody asking a question, and instead of answering people ask to search at the forum first....
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
ivgclive
05-10 10:22 AM
VB will come today.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
You nailed it my friend.
I have been thinking of it for years.
It has to be discussed very seriously.
Note: Give me your lawyer email id. I will ask him to charge every question you ask, so he does not have to have any clients except you for his living.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
You nailed it my friend.
I have been thinking of it for years.
It has to be discussed very seriously.
Note: Give me your lawyer email id. I will ask him to charge every question you ask, so he does not have to have any clients except you for his living.
more...
gc genie
11-05 01:34 PM
Does AP document come to the attorney or the applicant directly?
Thanks for the info in advance.
Thanks for the info in advance.
dilbert_cal
02-09 11:08 AM
If you have a choice of LOA, you should go ahead and take it.
RFE is not a must - if you do get a RFE, it need not be necessarily for paystubs. You should take LOA, start your job search and try to get a similar position asap and if you do get RFE, you will have a choice of going with AC21 or not depending on your RFE.
Dont think that you will get your GC in a month or so - this process is very unpredictable and the more you be prepared for it, the better it is.
Best of luck and hope you get your GC soon.
RFE is not a must - if you do get a RFE, it need not be necessarily for paystubs. You should take LOA, start your job search and try to get a similar position asap and if you do get RFE, you will have a choice of going with AC21 or not depending on your RFE.
Dont think that you will get your GC in a month or so - this process is very unpredictable and the more you be prepared for it, the better it is.
Best of luck and hope you get your GC soon.
more...
lostinbeta
10-05 03:05 AM
Thank you Syko:)
I love Photoshop. It is the only art program I have. I wish I could afford 3dsmax and/or Adobe Illustrator, but I dont think that is going to be happening anytime soon:(
The Flash in the center is actually an easy effect to come up with without 3dsmax :P
PS: Nice Sig :)
I love Photoshop. It is the only art program I have. I wish I could afford 3dsmax and/or Adobe Illustrator, but I dont think that is going to be happening anytime soon:(
The Flash in the center is actually an easy effect to come up with without 3dsmax :P
PS: Nice Sig :)
sathish_gopalan
07-19 12:27 AM
I am on EAD currently. Priority date is Nov 2004 (EB3).
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
more...
Alabaman
06-16 09:19 AM
I agree. I have been doing this for a while (sending emails to CNN and Fox News) but with no impact... but with many hands on board I think we would get a better chance.
chanduv23
01-09 05:20 PM
Try asking an Attorney and see if your wife can invalidate her h4 status by traveling and re-entering through AP at POE?
A quick trip to Canada can solve this problem?
This is not an advice, as I am not sure if this would work, but talk to a lawyer or as some suggested try another DMV.
A quick trip to Canada can solve this problem?
This is not an advice, as I am not sure if this would work, but talk to a lawyer or as some suggested try another DMV.
more...
hpandey
12-30 09:05 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
I think its risky everywhere Mexico\Canada\India with a one person company. So make sure you have a valid F1 to come back or I would suggest that you wait for some more time so that you have more paystubs \ company has good annual returns so that you have all kind of documentation to show what the officers would ask you .
On a separate note I hope you know about the PIMS rule for visa stamping due to which it might take more time for visa stamping ( they say two days approx. but could be more ) . So if you do decide to go to Mexico plan to stay there appropriately due to this new visa stamping process ( has the PIMS process already begun ?? )
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
I think its risky everywhere Mexico\Canada\India with a one person company. So make sure you have a valid F1 to come back or I would suggest that you wait for some more time so that you have more paystubs \ company has good annual returns so that you have all kind of documentation to show what the officers would ask you .
On a separate note I hope you know about the PIMS rule for visa stamping due to which it might take more time for visa stamping ( they say two days approx. but could be more ) . So if you do decide to go to Mexico plan to stay there appropriately due to this new visa stamping process ( has the PIMS process already begun ?? )
kumar1
07-13 03:08 PM
Good.
more...
gparr
October 24th, 2004, 06:47 PM
Thanks Fred. Very helpful. Other comments appreciated. The white ceramic is an old insulator for an electrified wire that is obviously long ago rusted away. The fence surrounded a holding yard for dairy cattle.
Gary
Gary
dvvb
03-01 02:59 PM
Hi Sathishav, Thanks for the response.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
more...
stucklabor
03-16 12:38 PM
I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
nousername
07-22 07:57 PM
Well said
On a lighter note, you may not even want to prove your legal status. After CIR you'll be in a better position to get adjusted, faster and easier!
On a lighter note, you may not even want to prove your legal status. After CIR you'll be in a better position to get adjusted, faster and easier!
more...
webm
05-21 08:22 PM
Is it 120 business days or just week days?
Its just = 120 in advance from your current EAD expiry..It doesnt matter with business days.
Its just = 120 in advance from your current EAD expiry..It doesnt matter with business days.
cinqsit
09-16 12:37 PM
i read somewhere on the forums that fbi name check and fingerprinting checks are two different checks carried out separately.
fbi name check
http://www.fbi.gov/hq/nationalnamecheck.htm
fbi finger printing
http://www.fbi.gov/hq/cjisd/fprequest.htm
fbi name check
http://www.fbi.gov/hq/nationalnamecheck.htm
fbi finger printing
http://www.fbi.gov/hq/cjisd/fprequest.htm
wandmaker
10-27 05:04 PM
Most of the corporate companies wont ask until you get through the interview. It is ideal to have it on hand so that If they ask you, you should be in a position to provide them.
If you apply for SSN with EAD card, you will receive the SSN card in a week time. In case of H1B, it takes about 4-8 weeks to receive the SSN card on hand.
hi !
Thank you gurus for your quick response .... have one more question in mind ...
Is it a pre-requisite to have SSN before applying for a job ?
thanks
Vinki
If you apply for SSN with EAD card, you will receive the SSN card in a week time. In case of H1B, it takes about 4-8 weeks to receive the SSN card on hand.
hi !
Thank you gurus for your quick response .... have one more question in mind ...
Is it a pre-requisite to have SSN before applying for a job ?
thanks
Vinki
dilbert_cal
07-10 12:17 AM
USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.
Thanks IndianIII - It is always possible that USCIS may check the employment details and in this particular case, since the company is closed, they would want alternate proof that you did work there. They might want an affidavit from your co-worker if possible as well. So, be prepared on those grounds.
Thanks once again IndianIII for contributing to the forums.
Thanks IndianIII - It is always possible that USCIS may check the employment details and in this particular case, since the company is closed, they would want alternate proof that you did work there. They might want an affidavit from your co-worker if possible as well. So, be prepared on those grounds.
Thanks once again IndianIII for contributing to the forums.
luish73
07-21 10:59 AM
This is a 100% partisan vote. Most yes are R most No's are D
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