whattodo21
05-03 10:24 AM
Right.
But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.
Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.
Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward
catch 22 both ways! One way or the other we are joined at the hip to the Hispanic community.
But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.
Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.
Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward
catch 22 both ways! One way or the other we are joined at the hip to the Hispanic community.
wallpaper My Glow by Jennifer Lopez
Munna Bhai
12-17 10:03 AM
The letter does not say anything. It just says that your I-485 is denied.
It does not give nay reason. It does not even say to appeal..
Thanks
uscis should tell you why?? contact uscis or your attorney. What is your gut feeling? Why it might got denied. What is your PD etc.
It does not give nay reason. It does not even say to appeal..
Thanks
uscis should tell you why?? contact uscis or your attorney. What is your gut feeling? Why it might got denied. What is your PD etc.
meridiani.planum
04-17 08:38 PM
The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.
It is always good to wait till the new application is approved, and the approval notice has been received.
just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.
I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)
It is always good to wait till the new application is approved, and the approval notice has been received.
just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.
I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)
2011 Jennifer Lopez and husband,
mbartosik
09-05 09:09 PM
So how about a fax campaign in favor.
That should not be too distracting from rally preparations.
Specifically we should highlight support for the increase in greencards. Other provision in STRIVE may have more enemies. Lou Dobbs is already all over it.
That should not be too distracting from rally preparations.
Specifically we should highlight support for the increase in greencards. Other provision in STRIVE may have more enemies. Lou Dobbs is already all over it.
more...
arc
06-17 04:44 PM
Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
You mean AR11 would take care of AC21? I am confused the AR11 is for change of address? How would it work if one's residential address is still the same but employer has changed...do you still file AR11 and you are covered under AC21?
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
You mean AR11 would take care of AC21? I am confused the AR11 is for change of address? How would it work if one's residential address is still the same but employer has changed...do you still file AR11 and you are covered under AC21?
psk79
05-30 12:20 AM
My few cents.. I was well aware of this situation from my past.. When you first filed h1 with A in 2006 and got approved, it doesn't mean anything unless u started the job with A. So that 'overridden' stuff is WRONG.
Basically u could continue with univ. as along as ur h1 is with them is valid.. then when u tried to transfer that old employerA's h1 to B, u are in GOOD status as u r working with the univ. However, the reason for using A is only to show uscis that u were counted against the CAP once before and u don't need cap for this new employment with B.
Since the problem here is with B, you better get some more info on why it was denied. See if they can appeal or something.. I didn't know that employer has to be qualified? Do they mean this company doesn't have enough revenue to support u or something?
Also there are different opinions on using employer A's h1 to transfer without actually working with A. Half the people say its not possible as u never worked for A and the other half say its fine as u were counted in CAP. B should have told you to wait until ur H1 was approved as this is a weird situation.
Anyway, since u already left univ, u can try to go back to univ or atleast start with A. Once u go out of the country and get the visa stamped, you should be clear of any out of status issues I believe.
Basically u could continue with univ. as along as ur h1 is with them is valid.. then when u tried to transfer that old employerA's h1 to B, u are in GOOD status as u r working with the univ. However, the reason for using A is only to show uscis that u were counted against the CAP once before and u don't need cap for this new employment with B.
Since the problem here is with B, you better get some more info on why it was denied. See if they can appeal or something.. I didn't know that employer has to be qualified? Do they mean this company doesn't have enough revenue to support u or something?
Also there are different opinions on using employer A's h1 to transfer without actually working with A. Half the people say its not possible as u never worked for A and the other half say its fine as u were counted in CAP. B should have told you to wait until ur H1 was approved as this is a weird situation.
Anyway, since u already left univ, u can try to go back to univ or atleast start with A. Once u go out of the country and get the visa stamped, you should be clear of any out of status issues I believe.
more...
gc_chahiye
02-17 09:41 PM
U r absolutely wrong. No matter how many years u had on ur H1B, but if u switch over to EAD, ur H1B is history. It just cannot be revived. If u r so in deeply love with H1B, then u will need to reapply and fall under the regular annual quota ...
can you post a link to some website to back up that statement?
From what I know if you were counted under the H1 quota in the last 6 years, you can get off H1 go to EAD and come back to H1 without the need of a new petiton and annual quotas etc:
http://www.shusterman.com/h1bfaqaila.html
2. Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?
If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.
can you post a link to some website to back up that statement?
From what I know if you were counted under the H1 quota in the last 6 years, you can get off H1 go to EAD and come back to H1 without the need of a new petiton and annual quotas etc:
http://www.shusterman.com/h1bfaqaila.html
2. Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?
If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.
2010 Jennifer Lopez Body
bestofall
09-16 03:29 PM
I will be travelling to India for 3 week trip and will be coming back on Oct 12 ( My current AP expires on Oct 30 2008).
Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card
My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa
Iam with same employer for 6 years and continue with them till I have card in hand :)
whay do you guys advise
Please advise !
Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card
My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa
Iam with same employer for 6 years and continue with them till I have card in hand :)
whay do you guys advise
Please advise !
more...
HV000
11-16 06:43 PM
That is exactly what the senate has been doing. And the House too.
Naming post offices, designating and recognizing festivals, naming courthouses and writing checks to run the government.
1. Immigration Reform: cant do.
2. Ending the war : cant do.
3. Reducing healthcare costs, reforming healthcare: cant do.
4. Upcoming social security deficit : cant do.
5. Budget deficits reduction : cant do.
Next week, senate is going to do following things:
1. Pass a resolution stating that it is the sense of the senate that sky is usually blue in color but on cloudier days, it tends to be green.
2. Pass a resolution that water is wet and fire is hot.
3. Pass a resolution that the building of Capitol is White is color, December is the last month of the year and the White House is also white in color.
4. Take a break, eat peanut-butter and jelly sandwich, play in swings outside the senate building and then take a little afternoon nap. A little fight between Democrats and Republicans on getting equal time on swings and equal time with possession of soccer ball and baseball bat.
5. Afternoon post-nap, easy-going session, name a few more post offices, praise the troops, criticize the war, praise the troops again, criticize the war again.
6. Pass a resolution of Holi, Bhai-Dooj, Kadwa-Chowth etc.
Good one!! Its high time they ALSO recognize our plight and pass a resolution on our "alien" presence here!!
Naming post offices, designating and recognizing festivals, naming courthouses and writing checks to run the government.
1. Immigration Reform: cant do.
2. Ending the war : cant do.
3. Reducing healthcare costs, reforming healthcare: cant do.
4. Upcoming social security deficit : cant do.
5. Budget deficits reduction : cant do.
Next week, senate is going to do following things:
1. Pass a resolution stating that it is the sense of the senate that sky is usually blue in color but on cloudier days, it tends to be green.
2. Pass a resolution that water is wet and fire is hot.
3. Pass a resolution that the building of Capitol is White is color, December is the last month of the year and the White House is also white in color.
4. Take a break, eat peanut-butter and jelly sandwich, play in swings outside the senate building and then take a little afternoon nap. A little fight between Democrats and Republicans on getting equal time on swings and equal time with possession of soccer ball and baseball bat.
5. Afternoon post-nap, easy-going session, name a few more post offices, praise the troops, criticize the war, praise the troops again, criticize the war again.
6. Pass a resolution of Holi, Bhai-Dooj, Kadwa-Chowth etc.
Good one!! Its high time they ALSO recognize our plight and pass a resolution on our "alien" presence here!!
hair Jennifer Lopez gives one of
akhilmahajan
05-14 10:10 AM
Any more updates from the texas service center for the approval of I140.............. i am still waiting for mine....... been more then 2 months now..........
more...
alien2006
07-11 07:54 AM
Well i just sent a message to my lawyer and this is the reply i received.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Yes your lawyer is correct. You count towards the cap only once.
On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Yes your lawyer is correct. You count towards the cap only once.
On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.
hot Jennifer Lopez Twins First
karan2004m
09-15 12:12 AM
Dude,
I am planning to travel on AP first time. Can you pls reply:-
1. What all documents are required apart from AP to re-enter US?
2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?
If you can, pls reply..
Thanks
K
I am planning to travel on AP first time. Can you pls reply:-
1. What all documents are required apart from AP to re-enter US?
2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?
If you can, pls reply..
Thanks
K
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house Lopez and husband, Marc
sundarpn
07-20 11:19 PM
Wont' redirection of US Mail work to forward these?
tattoo Like Jennifer Lopez twins.
cbpds
09-15 02:07 PM
he is enjoying two types of freedom now :P
Enjoy the freedom!
Enjoy the freedom!
more...
pictures Jennifer Lopez#39;s Twins!
lazycis
12-22 08:48 AM
Appreciate all of your valuable inputs.
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
Check "Date received" field on the I-485 receipt notice. Do you have it? That's the date you should be using to count 180 days. Notice date does not really matter.
You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
Check "Date received" field on the I-485 receipt notice. Do you have it? That's the date you should be using to count 180 days. Notice date does not really matter.
You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.
dresses Jennifer Lopez and her twins
thamizhan
07-18 10:47 AM
Another one...
http://www.sun-sentinel.com/sfl-flbgreencard0718nbjul18,0,1655633.story?coll=sofla _tab01_layout
http://flprogressive.blogspot.com/2007/07/now-this-is-news.html
http://www.sun-sentinel.com/sfl-flbgreencard0718nbjul18,0,1655633.story?coll=sofla _tab01_layout
http://flprogressive.blogspot.com/2007/07/now-this-is-news.html
more...
makeup Jennifer Lopez $6 million for
friend99
10-09 09:08 PM
I talked to the customer first and she escalated the call to second officer, So I think that is IO! is it right?
girlfriend Jennifer Lopez loves her some
DyersEve
10-21 01:28 AM
Alright......something like this?
http://teamnerd.tripod.com/random/images3.txt
http://teamnerd.tripod.com/random/images3.txt
hairstyles Jennifer Lopez Is Almost as
glosrfc
01-02 05:44 PM
Are you considering actually creating something in AS1?
:)
I already have something in AS1 that fits the guidelines of this competition perfectly!
:)
I already have something in AS1 that fits the guidelines of this competition perfectly!
coopheal
01-26 10:28 AM
Good movement. Looks like USCIS going work.
bzuccaro
11-08 05:23 PM
SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
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