chanduv23
07-27 03:03 PM
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
In very rare ocassions people get to know that their 485 is preadjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
In very rare ocassions people get to know that their 485 is preadjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
wallpaper Kymco - Like 125.
LostInGCProcess
08-25 12:33 PM
>> even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.
qwert_47
09-26 01:17 AM
Thanks for the advices/suggestions.
The reason my h1b was denied because the consultant showed that I would be working for him instead of working for client. I suspect he didn't respond well for the RFE earlier in the case.
Is it possible to submit a motion for reconsideration by a new employer(when I find one in the next month or so)? To make things worse, I am having a hard time concentrating on possible upcoming interview because of my h1b visa denial. Pls tell me what options do I have if I am made an offer by a private(profit) employer. BTW my master is in comp. engg and I completed my masters in Dec 06.
Its really disheartening to wait one more year to start work along with my increasing debts. Its bad being job-searching-graduated-student in USA with this situation.
TIA
The reason my h1b was denied because the consultant showed that I would be working for him instead of working for client. I suspect he didn't respond well for the RFE earlier in the case.
Is it possible to submit a motion for reconsideration by a new employer(when I find one in the next month or so)? To make things worse, I am having a hard time concentrating on possible upcoming interview because of my h1b visa denial. Pls tell me what options do I have if I am made an offer by a private(profit) employer. BTW my master is in comp. engg and I completed my masters in Dec 06.
Its really disheartening to wait one more year to start work along with my increasing debts. Its bad being job-searching-graduated-student in USA with this situation.
TIA
2011 Like 125 KYMCO CZ, Atv,
Jaime
09-11 04:01 PM
by coming to DC!!!
more...
chaukas
06-22 01:26 PM
Shouldn't the FBI follow the Innocent until proven guilty rule.
If a person is already in the country , then what's the point of holding up their immigration process .
If something is found later on, action can be taken.
If a person is already in the country , then what's the point of holding up their immigration process .
If something is found later on, action can be taken.
carbon
05-18 05:12 PM
Will we be able to find by the end of 2006 wether CIR bill is passed or not ?
more...
skd
01-12 12:48 PM
^^^^
Its' very depressing state, I really feel bad about current state of affairs of economy...
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Its' very depressing state, I really feel bad about current state of affairs of economy...
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
2010 KYMCO LIKE 125 125cc,
kumar1
12-05 11:48 AM
Mita, I am asking you not to paste junk URLs over here!
You can spend your time on TOI...no issues.
I was waiting for someone to spit venom at timesofindia but did not happen till today.
By the way, do you believe in the news from other billion news website? I think most of us visit other websites to verify if the info is correct so that there is no propoganda involved. If you think timesofindia is one of them than don't visit that website but you cannot request others to do the same.
You can spend your time on TOI...no issues.
I was waiting for someone to spit venom at timesofindia but did not happen till today.
By the way, do you believe in the news from other billion news website? I think most of us visit other websites to verify if the info is correct so that there is no propoganda involved. If you think timesofindia is one of them than don't visit that website but you cannot request others to do the same.
more...
kaizersoze
03-21 12:32 PM
just noticed up the thread that there was a conf call held already. pankaj,
could you pls share the details.
could you pls share the details.
hair Kymco Like 125cc White
perm2gc
12-22 06:08 PM
Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
more...
prem_goel
01-13 06:59 PM
Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
And please guide me on things to keep in mind while going for stamping.
Thanks.
Servicio de Informaci�n de Visas de Estados Unidos en M�xico (http://www.usvisa-mexico.com/mex/index.jsp?locale=es_MX)
i didn't remember but it took me 4 seconds after i googled it. Most of the info is available online. Please do try once there too before you post.
And please guide me on things to keep in mind while going for stamping.
Thanks.
Servicio de Informaci�n de Visas de Estados Unidos en M�xico (http://www.usvisa-mexico.com/mex/index.jsp?locale=es_MX)
i didn't remember but it took me 4 seconds after i googled it. Most of the info is available online. Please do try once there too before you post.
hot 2010 Kymco Like 125
nirdlalegcade
02-26 12:37 PM
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
more...
house BARGAIN SALE KYMCO 125CC MONO
agc2005
11-05 05:22 PM
I got EADs for me and my wife, but photos got swaped.
Pineapple,ncgc2005, saro28:
I sopke to customer service rep and she told me to send applications with EAD cards ,photos,a note explaining the problem and no need to send the fees.
Did you guys filed to get corrected the EADs, and did you send new application with EAD and with the Fee or without fees.
Pineapple,ncgc2005, saro28:
I sopke to customer service rep and she told me to send applications with EAD cards ,photos,a note explaining the problem and no need to send the fees.
Did you guys filed to get corrected the EADs, and did you send new application with EAD and with the Fee or without fees.
tattoo Kymco Like 125. Vespa PX 200
BMS1
08-21 07:07 PM
You are saying ur PD was Sec 2005? Mine is Dec 2005. Should I also expect it sometime soon :)?
If it is Dec 2005 you must be from non-retro and going by the many approvals for non-retro, you should certainly expect it soon (especially if other checks are complete)
If it is Dec 2005 you must be from non-retro and going by the many approvals for non-retro, you should certainly expect it soon (especially if other checks are complete)
more...
pictures 2010 Kymco Like 125
myeb2gc
02-24 08:43 PM
Hi myeb2gc ,
You added lot of hope in this H1 extn process but for how long did you got ur H1 extn ?
Hi, i got it for 2 years 10 months, but not 3 years even after having approved 140.But it seems ok...
You added lot of hope in this H1 extn process but for how long did you got ur H1 extn ?
Hi, i got it for 2 years 10 months, but not 3 years even after having approved 140.But it seems ok...
dresses Foto Nr. 1: Kymco Like 125 Roller/Scooter
vidyakulkarni
07-13 11:24 AM
we are highly skilled people. so we should wear business suit , it will give impact.
more...
makeup OTR Kymco Yager GT 125:
quizzer
10-16 09:10 PM
Any EB2 folks with RD prior to Jan 2007 still waiting for approvals?
girlfriend FOTO - Kymco Like 125
chanduv23
03-14 02:43 PM
Not much idea about Australia but you don't want to go Down Under. It's very racist and discriminatory in every aspect. Besides, the accent.... OMG... simply unbearable :mad:
You can get some info from a forum for British expats in oz:
http://britishexpats.com/forum/forumdisplay.php?f=32
All in all Oz is a bigger hell. The only thing good there is the 3 Bs - Beer, Beaches and the Babes. But you better stay away from them because they are not very approachable for the people of color.
I work with a lot of people from OZ, they tell me it is not as bad as it sounds, but then, if we enter their space, the treatment would be different I guess.
Thanks for all the info.
You can get some info from a forum for British expats in oz:
http://britishexpats.com/forum/forumdisplay.php?f=32
All in all Oz is a bigger hell. The only thing good there is the 3 Bs - Beer, Beaches and the Babes. But you better stay away from them because they are not very approachable for the people of color.
I work with a lot of people from OZ, they tell me it is not as bad as it sounds, but then, if we enter their space, the treatment would be different I guess.
Thanks for all the info.
hairstyles Kymco quot;Likequot; 125 Retro Scooter
jungalee43
02-17 09:54 PM
That means his stand is not really tied to any issues surrounding the problem or its solution. It is pure politics. So for us he is another clone of Sen. Sessions. And obviously meeting, letter, flower or for that matter whatever we try is not going to work.
It has been tried, they are not open to talk
It has been tried, they are not open to talk
nayekal
08-18 05:12 PM
Guys,
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
hebbar77
09-20 10:03 PM
Atleast we see the green card at a distant horizon. People who want to start with PERM now are told by a lawyer that it might take a year for PERM alone, and upto 8 years before they see the CARRRRRD.
I just got my EAD. I will assume its my GC.
I just got my EAD. I will assume its my GC.
No comments:
Post a Comment