mdmd10
08-27 05:03 PM
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
I believe the answer to that would be a 'No'.
If your spouse is claiming AOS benefits as a derivative by virtue of being your spouse then that would be the legal claim for those benefits.
However, the divorce would suppress that legal claim and as such there would be no way for the spouse to apply for those benefits as a derivative.
I believe the answer to that would be a 'No'.
If your spouse is claiming AOS benefits as a derivative by virtue of being your spouse then that would be the legal claim for those benefits.
However, the divorce would suppress that legal claim and as such there would be no way for the spouse to apply for those benefits as a derivative.
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waitin_toolong
09-22 12:46 PM
Yes, You Green Card would evaporate after 3 months. Do not take 50% cut!
what do you base this on
what do you base this on
andhrawala
09-22 10:01 AM
I applied my EAD in Nebraska as OH falls under it's jurisdiction and got my approval in 2 weeks. Thought of sharing so that some one may find this information useful.
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
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ndny
08-06 03:01 PM
Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
more...
cableching
07-16 01:15 PM
Hello,
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
I recently came back on AP through Atlanta. I have changed the employers and have not applied for AC21. In secondary inspections, I was asked about where I work and who sponsored it? I did tell the sponsor as my old employer and for where I work gave current employer's name. It should not be problem entering thru AP. Another person with AP was not even asked any questions and they just stamped it and gave it back.
Also the they were discussing about the combined card for EAD and AP, when they would implement it so that they do not have to stamp and enter the information at several places for AP.
This guy was even strange that, when I gave him two copies of AP, he gave one back and said he needs only one. He just took a copy of it after entering and stamping it.
Strange are the ways they behave. When I entered thru Chicago using AP last year, the officer was praising me for giving him two copies and did not even send me for secondary inspection, as everyone before was only giving him one copy and they were searching their bags for the second copy????
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
I recently came back on AP through Atlanta. I have changed the employers and have not applied for AC21. In secondary inspections, I was asked about where I work and who sponsored it? I did tell the sponsor as my old employer and for where I work gave current employer's name. It should not be problem entering thru AP. Another person with AP was not even asked any questions and they just stamped it and gave it back.
Also the they were discussing about the combined card for EAD and AP, when they would implement it so that they do not have to stamp and enter the information at several places for AP.
This guy was even strange that, when I gave him two copies of AP, he gave one back and said he needs only one. He just took a copy of it after entering and stamping it.
Strange are the ways they behave. When I entered thru Chicago using AP last year, the officer was praising me for giving him two copies and did not even send me for secondary inspection, as everyone before was only giving him one copy and they were searching their bags for the second copy????
TomPlate
03-07 10:41 AM
hello;
Here are my details.
1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead
the qn is -->
1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.
can you give ur opinion regd the above qns? thanks
The important question you have is about marrying girl?
Stay in h1b and get your spouse h4 after marriage.
When you do not have h1b there is no way to bring her.
I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.
Here are my details.
1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead
the qn is -->
1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.
can you give ur opinion regd the above qns? thanks
The important question you have is about marrying girl?
Stay in h1b and get your spouse h4 after marriage.
When you do not have h1b there is no way to bring her.
I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.
more...
desi3933
07-10 09:29 PM
Any inputs on what to provide to HR or atleast how to explain that visa is not required, is appreciated.
Thanks.
Take printout of this page
USCIS - Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
.
Thanks.
Take printout of this page
USCIS - Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
.
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desi3933
02-23 03:23 PM
If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.
This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.
_________________
Not a legal advice
This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.
_________________
Not a legal advice
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saimrathi
07-07 10:33 PM
So more ppl can be informed... Its not spamming.. ;)
Why you are spamming all the thread with the same message. We already have two thread for this video
Why you are spamming all the thread with the same message. We already have two thread for this video
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stucklabor
03-16 12:09 PM
Is filing for 485 to get EAD etc really fraud? I mean it is their JOB to weed out the priority dates that are not current :). Besides if anyone is at fault it is the immigration lawyers.
Eb3_nepa, read my post closely; read the report as well, and then post again.
I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.
Eb3_nepa, read my post closely; read the report as well, and then post again.
I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.
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haider420
02-22 03:47 PM
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
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vvpandya
11-06 01:55 PM
I had a LUD on 10/18 and then today the online status says Document mailed to applicant..hope that is it...my recvd date is 7/2 and recpt date is 9/11
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visaspirant
10-22 02:14 PM
Thanks again Elaine, for clearing much of the fog in my mind!
So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?
Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?
So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?
Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?
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shadowbuddy
03-17 12:56 AM
I am sorry to hear that they lost your papers. The same thing happened to me when we were filing our 485 papers in '05. This was just before the EB -2 retrogression....we had to mail in all papers including medicals before sept 30th.
My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.
I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!
Goodluck!
Thanks, we are really going to give it a go. I'll fight as long and as hard as I have to. It sad to think that someone else could make a simple mistake that could result in my wife and I having to leave the country. We love it here. It's our home.
I will keep you all posted as to how it goes over the next couple of weeks.
My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.
I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!
Goodluck!
Thanks, we are really going to give it a go. I'll fight as long and as hard as I have to. It sad to think that someone else could make a simple mistake that could result in my wife and I having to leave the country. We love it here. It's our home.
I will keep you all posted as to how it goes over the next couple of weeks.
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aubGC
03-19 09:24 AM
I think, you need 3 latest paystubs for your H1B transfer to another employer..
Please check with attorney for confirmation...Good Luck to you
Please check with attorney for confirmation...Good Luck to you
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beautifulMind
07-17 11:14 AM
You are in same situation as me as long your job duties for the new position are 50% different from old position you should be ok
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singhv_1980
01-31 07:38 PM
I am planning on taking an interview date in Delhi. I read that for mumbai, you have to drop your docs 1 week prior to your appointment. Can anyone explain the procedure for Delhi, please?
I am still waiting for it to show the availablity. But I got HDFC receipt from India.
Once date is shown- I will apply for non immigrant visa on the website. Now will they ask me to put my petition info (I-797) at this time? Or I will just fill in DS 156 and DS 157 forms??
Once I fill in the forms (with bar code), I will have to take them along in the interview. Is it true?? Or I will have to drop out my docs. at VFS location even for Delhi consulate????
Please help ppl...this stamping ordeal is taking toll on me now...alas! I was born earlier ;):p
I am still waiting for it to show the availablity. But I got HDFC receipt from India.
Once date is shown- I will apply for non immigrant visa on the website. Now will they ask me to put my petition info (I-797) at this time? Or I will just fill in DS 156 and DS 157 forms??
Once I fill in the forms (with bar code), I will have to take them along in the interview. Is it true?? Or I will have to drop out my docs. at VFS location even for Delhi consulate????
Please help ppl...this stamping ordeal is taking toll on me now...alas! I was born earlier ;):p
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sin94
03-08 08:50 PM
Sorry folks did not get to update this discussion as things have dramatically changed in past couple of months
On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.
No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.
Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear
I just hope others do not go through the same harrowing story as mine.
That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient
On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.
No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.
Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear
I just hope others do not go through the same harrowing story as mine.
That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient
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itsmesabby
10-12 04:27 PM
You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.
coolpal
03-20 09:34 AM
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing somthing here.
That is true, and I know a lot of people who did that including my wife in 2006.
pal :)
am I missing somthing here.
That is true, and I know a lot of people who did that including my wife in 2006.
pal :)
eb3_nepa
07-18 09:10 AM
Guys,
IV has FINALLY gotten most of us Through the door. Now we have a 20,000 membership. If everyone of us contributes $10 per month that is $200,000 a month. If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
Guys IV has done its job, now to ensure that we get to the finish line FAST, we need to dig into our pockets and not even very deep!
Common people It is $10 a MONTH
IV has FINALLY gotten most of us Through the door. Now we have a 20,000 membership. If everyone of us contributes $10 per month that is $200,000 a month. If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
Guys IV has done its job, now to ensure that we get to the finish line FAST, we need to dig into our pockets and not even very deep!
Common people It is $10 a MONTH
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