gcdreamer05
04-17 01:17 PM
Yes, absolutely.
Hi Attorney Aruben,
Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?
This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.
If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.
We really appreciate your time and effort for replying to our questions on this forum.
Thanks.
Hi Attorney Aruben,
Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?
This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.
If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.
We really appreciate your time and effort for replying to our questions on this forum.
Thanks.
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kaisersose
07-27 02:54 PM
What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.
The job order will contain the job description. This will be in the Labor Application. Usually when a 140 is being applied, the employer will provide you the job order and tell you to ensure your experience letters are in line with the Job order.
You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.
The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.
The job order will contain the job description. This will be in the Labor Application. Usually when a 140 is being applied, the employer will provide you the job order and tell you to ensure your experience letters are in line with the Job order.
You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.
The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.
joeshmoe
09-04 12:44 PM
joeshmoe,
Congratulations on your GC approval. Enjoy the freedom.
Your approval gives us hope in a way that USCIS is approving I-485 cases even though the PD is not current. Am I right?
You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...
Congratulations on your GC approval. Enjoy the freedom.
Your approval gives us hope in a way that USCIS is approving I-485 cases even though the PD is not current. Am I right?
You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...
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bekugc
04-08 06:07 PM
EB3, PD = Apr 2003
by the way on - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
sort by PD is sorting on alphabet of the month rather than year...so to get all the EB3 in 03 you may have to look in all the pages.
by the way on - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
sort by PD is sorting on alphabet of the month rather than year...so to get all the EB3 in 03 you may have to look in all the pages.
more...
Catherine
11-18 12:34 AM
Thank you flresident, I really appreciate the advice. Unfortunately the group I had been getting some help from had to cut a number of services when their funding was cut a couple months ago. All the other help and advice I've received from those quarters has either led to a dead-end or provided me with exactly the kind of conflicting advice I mentioned. Nonetheless, I do thank you for the idea.
I wonder if there are any other ideas out there? Thanks one and all.
I wonder if there are any other ideas out there? Thanks one and all.
chanduv23
09-05 12:58 PM
Strive is our big chance, let us not lose out on this
more...
universalgc
08-10 12:41 PM
Hello All
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
Our company checks address is differant than coporate address. We never had any issue with USCIS regarding the address.
I think people are getting lot of doubts because USCIS not issuing the receipts promptly. , some of the checks do not have address also.
Cheer up people think logically and forget about it. Our company attorney charge the amount based on phone calls and emails also. So Dont bother your attorney, it is a simple matter.
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
Our company checks address is differant than coporate address. We never had any issue with USCIS regarding the address.
I think people are getting lot of doubts because USCIS not issuing the receipts promptly. , some of the checks do not have address also.
Cheer up people think logically and forget about it. Our company attorney charge the amount based on phone calls and emails also. So Dont bother your attorney, it is a simple matter.
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simple1
05-12 03:07 PM
Ok, for this Attorney thread, some one is pouring red on me.
more...
ivuser9
12-02 12:01 PM
What are the docs requested by the VO? Plz update us. I think once you submit all requested docs,your processing will resume
Good luck
Good luck
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kirupa
01-02 08:42 PM
Sure, feel free to. As long as it is something that you did (no 3rd party code, etc.), then it is all good.
:)
:)
more...
vbkris77
04-04 11:09 AM
Can pls add poll to this by month. We atleast know 3 cases..
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senthil1
04-30 11:01 PM
I heard that you can get more updates from IV if you become donor. You can try that.
What is the agenda now?
What is the agenda now?
more...
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rongha_2000
07-11 06:08 PM
This is a very interesting thread. People PLEASE USE THIS LINK and lets all email / send a letter to Mr. President and Mr. Vice President.
IV Core Team, please draft a template so that everyone could use.
Thanks Mihird for finding this link. Great Job!!!
Here is what I sent
***************
So much for illegals and nothing for legals who played by the rules? Is there a hope for us legal immigrants anywhere in sight?
I request you to please look into the case and feel the pain and frustration we go through every day.
Attached is the link
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
*************************
IV Core Team, please draft a template so that everyone could use.
Thanks Mihird for finding this link. Great Job!!!
Here is what I sent
***************
So much for illegals and nothing for legals who played by the rules? Is there a hope for us legal immigrants anywhere in sight?
I request you to please look into the case and feel the pain and frustration we go through every day.
Attached is the link
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
*************************
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psn1975
11-05 08:06 PM
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
more...
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vbkris77
04-13 11:06 PM
Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
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webm
04-08 11:10 AM
Please see my signature for details.
__________________
PD - Oct 1st 2001
140 AD-Sep'2005
I-485 - RD - 2007 June 25th.--TSC
__________________
PD - Oct 1st 2001
140 AD-Sep'2005
I-485 - RD - 2007 June 25th.--TSC
more...
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MYGCBY2010
07-27 04:37 PM
For getting the Copy of my Labor Certificate, Do I still need to submit the FOIA form to USCIS or should it be submitted to different department. Please advise.
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johnggberg
08-03 04:12 PM
based on what happed with july fisco, and 60000 visa getting allocated in june, you must be real close
send the documents promptly
send the documents promptly
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vinabath
03-24 01:56 PM
Now everything is queued..... no more cutting lines.
reno_john
06-08 11:52 AM
Again I say Rest in peace CIR forever. I was never for it
GCMD0203
09-10 02:24 PM
I'm on the same boat.. I-129 & I-539 recd on 7/16 at VSC and LUD of 7/19
Hi,
I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is
Have you ever filed an immigrant petition for any person in this petition?
Last year when I filed for H1 extension I had checked 'NO'
But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'
I will appreciate if you can help me with this.
Thanks,
Hi,
I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is
Have you ever filed an immigrant petition for any person in this petition?
Last year when I filed for H1 extension I had checked 'NO'
But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'
I will appreciate if you can help me with this.
Thanks,
