Dakota Newfie
03-27 09:18 AM
My immigration attorney said it was OK for my wife to "volunteer" as long as the work was "volunteer", i.e. something a US citizen could "volunteer" to do.
She volunteered to work at a local library and it was a good diversion until they set a schedule for her and removed a job posting in the same library - then it became both a question of her being exploited and taking a job away from a US citizen, so she had to give it up. So, the lessen is, if it is truly volunteer work, then your spouse should be able to set his/her own schedule; if the schedule is set for him/her, then it becomes a problem.
She volunteered to work at a local library and it was a good diversion until they set a schedule for her and removed a job posting in the same library - then it became both a question of her being exploited and taking a job away from a US citizen, so she had to give it up. So, the lessen is, if it is truly volunteer work, then your spouse should be able to set his/her own schedule; if the schedule is set for him/her, then it becomes a problem.
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eb2india
07-13 09:47 AM
Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june
This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.
This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.
frostrated
06-25 01:17 PM
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
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gapala
04-22 10:59 PM
Thanks every one for your inputs. I been swinging on tis for a while now and after seeing your inputs, I made up my mind not to pursue this.
I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.
Thanks again.
I am glad, member's comments helped you. All said and done. What is the right thing to do now? Expose "this company" as you call them..
Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..
I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.
Thanks again.
I am glad, member's comments helped you. All said and done. What is the right thing to do now? Expose "this company" as you call them..
Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..
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bajrangbali
06-07 01:52 PM
Thanks Chandu! Reasons to relocate are family and weather. At this point, I've a decent job in Chicago. Do you think this may be the right time to relocate to an Atlanta area given the economic climate....Also, how r the overall job prospects..
I agree 100% with jthomas above...moving from a secured job is not advisable in this market..I lived in Atlanta for a few years recently and can shed some light on the place..
Even if you have a secured job/contract, it would take a while to get into the new work environment and unless you are absolutely undisposable, you would be on the list of maybe's being a new-hire.
I will leave the job judgement upto you..
Regarding the place..
I moved from chicago to atlanta as well...the place is quite warm and not too hot like dallas...greener and more relaxed..
Again this depends on your job, dunwoody is a better place..it is in north suburbs..unlike chicago, you can drive downtown to work if you are working downtown...and also unlike chicago most companies in downtown have their own parking and you dont have to pay extra..
Rent is cheap..I used to rent a townhome in chicago suburbs for 1500$ and I can get a townhome in downtown atlanta for 1000$..you can calculate from that..
though I lived downtown atlanta for a while..i strongly suggest if you have family to avoid living in downtown..it is not safe and not a place for kids and family to relax and roam around...
I dont know how long you lived in chicago..but once you move you will definitely miss the vibrant life of chicago...atleast i did..lot of indian restaurants in atlanta but none of them are decent...
positives: weather, cost of living
negatives: avg. city life, lesser job opportunities(compared to chicago)
I am not sure which way my suggestions tilt above..just a disclaimer..i lived in chicago for ~6yrs and absoutely love the place...that might have clouded my judgement a bit..but you can take what suits you from it...
good luck and plan wisely!!
I agree 100% with jthomas above...moving from a secured job is not advisable in this market..I lived in Atlanta for a few years recently and can shed some light on the place..
Even if you have a secured job/contract, it would take a while to get into the new work environment and unless you are absolutely undisposable, you would be on the list of maybe's being a new-hire.
I will leave the job judgement upto you..
Regarding the place..
I moved from chicago to atlanta as well...the place is quite warm and not too hot like dallas...greener and more relaxed..
Again this depends on your job, dunwoody is a better place..it is in north suburbs..unlike chicago, you can drive downtown to work if you are working downtown...and also unlike chicago most companies in downtown have their own parking and you dont have to pay extra..
Rent is cheap..I used to rent a townhome in chicago suburbs for 1500$ and I can get a townhome in downtown atlanta for 1000$..you can calculate from that..
though I lived downtown atlanta for a while..i strongly suggest if you have family to avoid living in downtown..it is not safe and not a place for kids and family to relax and roam around...
I dont know how long you lived in chicago..but once you move you will definitely miss the vibrant life of chicago...atleast i did..lot of indian restaurants in atlanta but none of them are decent...
positives: weather, cost of living
negatives: avg. city life, lesser job opportunities(compared to chicago)
I am not sure which way my suggestions tilt above..just a disclaimer..i lived in chicago for ~6yrs and absoutely love the place...that might have clouded my judgement a bit..but you can take what suits you from it...
good luck and plan wisely!!
TeddyKoochu
10-15 08:29 AM
Teddy
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
gc_on_demand - Here are the links from other sites.
From Ron Gotcher's Forum
http://www.immigration-information.com/forums/general-immigration-questions/10321-uscis-considering-permit-pre-filing-i-485-applications-approved-i-140-a.html
I could not find anything on any official site. There are blogs going on all popular immigration sites on this topic.
I believe that since the agencies are thinking about this provision (Even though this has been in the news since a year) has better likelihood of being implemented.
skgs200,aksharan, cbpds the EAD / AP part appears to be disputed nobody is clear on this. Yes there maybe a fee for this but it does bring us a step closer.
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
gc_on_demand - Here are the links from other sites.
From Ron Gotcher's Forum
http://www.immigration-information.com/forums/general-immigration-questions/10321-uscis-considering-permit-pre-filing-i-485-applications-approved-i-140-a.html
I could not find anything on any official site. There are blogs going on all popular immigration sites on this topic.
I believe that since the agencies are thinking about this provision (Even though this has been in the news since a year) has better likelihood of being implemented.
skgs200,aksharan, cbpds the EAD / AP part appears to be disputed nobody is clear on this. Yes there maybe a fee for this but it does bring us a step closer.
more...
53885
08-02 04:00 AM
Here is my prediction.
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
Guys,
Discussing this topic all day will not get you any closer to getting GC.
Though this has been mentioned many times, I will say that the only thing in your hand right now is to take some ACTIONS.
Make sure Congress members hear your voice.
If you have not already check these threads out http://immigrationvoice.org/forum/showthread.php?t=11428
http://immigrationvoice.org/forum/showthread.php?t=10747
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
Guys,
Discussing this topic all day will not get you any closer to getting GC.
Though this has been mentioned many times, I will say that the only thing in your hand right now is to take some ACTIONS.
Make sure Congress members hear your voice.
If you have not already check these threads out http://immigrationvoice.org/forum/showthread.php?t=11428
http://immigrationvoice.org/forum/showthread.php?t=10747
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optimystic
04-21 04:24 PM
hi friends,
even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
any response is appreciated
Load balancing is one of the primary reasons.
even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
any response is appreciated
Load balancing is one of the primary reasons.
more...
smartboy75
05-01 01:11 PM
I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
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sen
10-19 10:54 AM
Some of my friends who used AC21 moved to jobs having salary more than 50% of their current one. All got their GCs approved and didn't have any issues. But from what i read from multiple sites, the salary should never go below the one that's mentioned in LCA.
more...
masti_Gai
10-26 10:22 AM
last year i applied for H1 transfer in the midweek of Oct-05 and got the approval on mid week of Feb-06. :cool:
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Better_Days
06-14 02:18 PM
While some people are taking it very easy, she needs to come to the realization that she is a *suspected* criminal that is being investigated.
DO NOT, UNDER ANY CIRCUMSTANCES, SHOULD SHE TALK TO THE POLICE WITHOUT A LAWYER PRESENT.
Does not matter if she is innocent. Does not matter if she is Mother Teressa. Check below for a lecture on the same topic by a law professor and a police officer,
Law prof and cop agree: never ever ever ever ever ever ever talk to the cops about a crime, even if you're innocent - Boing Boing (http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html)
It is a long lecture. Almost 45 minutes but it can save you a lot of headache one day.
She should be proactive and get a lawyer. Explain to the lawyer the situation with the green card and how a simple arrest record, even if later she is found innocent, can cause problems.
Once this is over, she can sue the jerk that caused her so much grief.
I agree, most of these cases blow over with time but better safe that sorry.
Best of luck.
Hi Friends,
This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.
Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.
My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
We know she is genuine and did not do anything but my question is any problem in green card process?.
How to prove my sister is not commited such kind of activity. Please try to help me on this
Thanks
Ramkrishna
DO NOT, UNDER ANY CIRCUMSTANCES, SHOULD SHE TALK TO THE POLICE WITHOUT A LAWYER PRESENT.
Does not matter if she is innocent. Does not matter if she is Mother Teressa. Check below for a lecture on the same topic by a law professor and a police officer,
Law prof and cop agree: never ever ever ever ever ever ever talk to the cops about a crime, even if you're innocent - Boing Boing (http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html)
It is a long lecture. Almost 45 minutes but it can save you a lot of headache one day.
She should be proactive and get a lawyer. Explain to the lawyer the situation with the green card and how a simple arrest record, even if later she is found innocent, can cause problems.
Once this is over, she can sue the jerk that caused her so much grief.
I agree, most of these cases blow over with time but better safe that sorry.
Best of luck.
Hi Friends,
This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.
Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.
My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
We know she is genuine and did not do anything but my question is any problem in green card process?.
How to prove my sister is not commited such kind of activity. Please try to help me on this
Thanks
Ramkrishna
more...
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maddipati1
02-03 01:50 PM
anyone know if,
Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs )
+ 5 years Experience
qualify for EB2 ?
thanks,
I also have 3 years bachelors. My lawyer told me that EB2 cannot be approved with 3 years bachelors and even if we try we are taking risk of having USCIS dig approved Eb3 labor and I140.
Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs )
+ 5 years Experience
qualify for EB2 ?
thanks,
I also have 3 years bachelors. My lawyer told me that EB2 cannot be approved with 3 years bachelors and even if we try we are taking risk of having USCIS dig approved Eb3 labor and I140.
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jsb
01-27 12:53 PM
Hi,
If anybody has used a lawyer for AC21, please post the lawyer details and their cost.
Thank you.
Question is why do you need a lawyer for AC21. It does not require any action, unless USCIS asks for confirmation of same/similar job offer. In any case, if you choose to take some action, just send copy of new job offer to UCSIC (by your your new employer that they have a job for you when you get your GC). The letter should have job details same/similar to what you were sponsored for.
When lawyers want to do this, they do so only to make some money.
If anybody has used a lawyer for AC21, please post the lawyer details and their cost.
Thank you.
Question is why do you need a lawyer for AC21. It does not require any action, unless USCIS asks for confirmation of same/similar job offer. In any case, if you choose to take some action, just send copy of new job offer to UCSIC (by your your new employer that they have a job for you when you get your GC). The letter should have job details same/similar to what you were sponsored for.
When lawyers want to do this, they do so only to make some money.
more...
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SGP
02-04 02:52 PM
Congrats on your freedom my friend. Fly like an Eagle. I am really happy to see a fellow member break open the shackles which were holding him back. Don't forget us and keep bumping up this thread for people like us.
God Bless.
$$$$$$$$$$$$$Good Afternoon GC$$$$$$$$$$$$$$$
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved
God Bless.
$$$$$$$$$$$$$Good Afternoon GC$$$$$$$$$$$$$$$
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved
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PavanV
04-30 10:29 AM
May be 10% might have become entrepreneurs...? Definitely not everyone has started a 10person or even 1 person company....People are doing good but they just work as programmers or so called project managers...you know its not a big deal to become a Project manager in India..
But 150K entrepreneurs...:p
The rate at which the economy in India is growing, that figure might not be incorrect. Do not underestimate what people can do, times are changing and changing fast, all i can say is, green card ke chakkar mein duniya aage nikal gayi.
But 150K entrepreneurs...:p
The rate at which the economy in India is growing, that figure might not be incorrect. Do not underestimate what people can do, times are changing and changing fast, all i can say is, green card ke chakkar mein duniya aage nikal gayi.
more...
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sundarpn
08-03 06:45 PM
Is the below in bold which mambarg has mentioned true?
I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.
its news to me that 485+180 day rule applied to mere porting of priority date too?
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.
its news to me that 485+180 day rule applied to mere porting of priority date too?
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
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RandyK
07-15 03:18 PM
Congrats!!
EB2 or EB3 ?
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
EB2 or EB3 ?
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
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MetteBB
06-06 02:30 PM
Yeah that green one with the bird is posted twice... giving the greater twice the chance to win :lol: cool if he get's both first and second place :D
hehehe
/mette
hehehe
/mette
ashkam
07-27 03:18 PM
I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.
amsgc
04-02 08:47 PM
I agree, if you have applied for I-485, F1 is not a good idea. I wasn't aware of the OP's GC situation.
Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
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