Ann Ruben
01-08 11:26 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
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rsrikant
11-02 12:34 PM
See signature for details:
can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..
thanks,
srikanth
can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..
thanks,
srikanth
ps57002
10-17 10:00 PM
Hi Ps57002 good to see you here.
I saw you in . I was h12GC in .
My case also similar:
PERM Applied - 04/24/2007 - EB3.
Perm Approved - 08/14/2007.
I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
Received USCIS on 08/17/2007.
Waiting for Receipts.
Don't know whether it will be accepted or will get an RFE.
Hey keep me posted on your status.
I can be reached at sudhakar226@yahoo.com or 862-754-8326.
Good Luck.
UPDATE:
My checks cashed today, got receipts from back of checks...have 4 different receipt numbers, used it to check on uscis...
my concerns..
case was sent to nebraska though should've been texas as employer is in NY, so thought it would be transfered...it wasn't. it shows at nebraska
4 different receipt numbers show 1 case for 140, 1 case for AP, and 2 cases for 485???? 2????... NO EAD. (my check for 485/ead were one check though in it's memo part i put 485/ead). what should i do? now my ead will be delayed cause i have no case for that.
they can't reject a case after cashing checks, right???? i mean they can ask for RFE esp for my missing labor hard copy approval, but not reject. why cash in first place then??? right???
I hope you hear something soon too...keep me updated.
I saw you in . I was h12GC in .
My case also similar:
PERM Applied - 04/24/2007 - EB3.
Perm Approved - 08/14/2007.
I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
Received USCIS on 08/17/2007.
Waiting for Receipts.
Don't know whether it will be accepted or will get an RFE.
Hey keep me posted on your status.
I can be reached at sudhakar226@yahoo.com or 862-754-8326.
Good Luck.
UPDATE:
My checks cashed today, got receipts from back of checks...have 4 different receipt numbers, used it to check on uscis...
my concerns..
case was sent to nebraska though should've been texas as employer is in NY, so thought it would be transfered...it wasn't. it shows at nebraska
4 different receipt numbers show 1 case for 140, 1 case for AP, and 2 cases for 485???? 2????... NO EAD. (my check for 485/ead were one check though in it's memo part i put 485/ead). what should i do? now my ead will be delayed cause i have no case for that.
they can't reject a case after cashing checks, right???? i mean they can ask for RFE esp for my missing labor hard copy approval, but not reject. why cash in first place then??? right???
I hope you hear something soon too...keep me updated.
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shahzaib616
05-17 06:41 PM
I have posted this in another thread within this forum, however because of the numerous amount of questions and answers posted on that thread, I fear that my post will be overlooked or unconsidered. Thus, I have reposted it as its own thread.
Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
For everyone else, please read below for my story/question.
"Before I begin with my question, allow me to give you a brief overview of my case:
In the year 2000, I initially filed for Labor Certification.
In 2004, I received approval of my application for Employment Authorization (I-765).
In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.
Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?
Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)
Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!
Sincerely,
Shahzaib"
Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
For everyone else, please read below for my story/question.
"Before I begin with my question, allow me to give you a brief overview of my case:
In the year 2000, I initially filed for Labor Certification.
In 2004, I received approval of my application for Employment Authorization (I-765).
In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.
Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?
Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)
Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!
Sincerely,
Shahzaib"
more...
samcam
05-19 01:42 PM
Welcome to our newest member, NBA
pappu
11-17 12:30 PM
Bump
more...
imh1b
07-29 02:21 PM
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
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Tshelar
09-09 07:56 AM
I am not sure if any reputed lawyer is going to be able help. The fact that you agreed that you worked in a gas station when you were not suppose to causes a problem for a lawyer make a case. I am hoping one of the lawyers on this forum would be able to guide you on this.
Good luck
Good luck
more...
smartboy75
09-28 06:48 PM
Hi All
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
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EndlessWait
12-06 07:35 AM
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
more...
pappu
02-17 11:40 AM
we worked on this op-ed article and Nitin did exceptional hard work and we can see the results here -
Hindustan Times Article about Discriminatory Amendment
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=ViewsSectionPage&id=26183b7b-d7fe-4db4-a081-f54262ab1fd7&MatchID1=4924&TeamID1=4&TeamID2=2&MatchType1=1&SeriesID1=1244&PrimaryID=4924&Headline=Anti-immigrant+song
OR
http://immigrationvoice.org/forum/showthread.php?t=23776&page=1000
We encourage all members to send us op-ed articles and will do our best to get them published in the media.
Hindustan Times Article about Discriminatory Amendment
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=ViewsSectionPage&id=26183b7b-d7fe-4db4-a081-f54262ab1fd7&MatchID1=4924&TeamID1=4&TeamID2=2&MatchType1=1&SeriesID1=1244&PrimaryID=4924&Headline=Anti-immigrant+song
OR
http://immigrationvoice.org/forum/showthread.php?t=23776&page=1000
We encourage all members to send us op-ed articles and will do our best to get them published in the media.
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bestia
07-14 06:41 PM
You can also see how Europe's disintegrated political structure allows it to send far more than the 9800 limit.
What's that suppose to mean?
What's that suppose to mean?
more...
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vverma17
08-19 06:44 PM
Jingi I might not be able to help you, but I am also expecting RFE for my wife. Just anxious to know what was you RD and at which Service center.
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va_labor2002
08-23 10:31 AM
SKIL Bill will resolve lot of our issues. There are lot of people supporting this BILL. And, many Big companies are behind this BILL. Still, this Bill is stuck in the congress for many months. Why ? What is happening with this Bill ? We don't know the future of this Bill ? It is in a Black box now !
But,we have to do something to pass this BILL. What options we have ?
What IV is doing now to push this Bill ? IV has done an excellent job in CIR
bill in the senate.
I suggest everybody to post their ideas and comments to this thread. I appreciate your valuable comments and brilliant ideas.
Thank you.
But,we have to do something to pass this BILL. What options we have ?
What IV is doing now to push this Bill ? IV has done an excellent job in CIR
bill in the senate.
I suggest everybody to post their ideas and comments to this thread. I appreciate your valuable comments and brilliant ideas.
Thank you.
more...
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adde72
07-17 06:03 PM
I agree.. The flower campaign shouldn't be taken for granted.. let it just be special.. Thank you cards adn notes will be the best..
Agreed. Its should remain in History for USCIS july VB fiasco
Agreed. Its should remain in History for USCIS july VB fiasco
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eastindia
04-26 02:14 PM
Why did we all come to USA?
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
more...
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kirupa
07-27 02:59 PM
Ah - glad you found the answer. I was thinking that because ShowDialog is a modal dialog, it may be blocking any operations that are going on in the background. I failed to realize that OpenFileDialog does not have a non-modal Show method which displays the dialog without forcing it to have all of the app's attention.
:)
:)
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ImmiRam
09-13 04:57 PM
I am sure you are well aquinted with IV and EB process.
You proudly keep profile incomplete....
Post a "noval" idea about law suit in first few posts (most likely you have another IV handle too).....
....
still wondering why you are so "famous"....
The rudeness some of the members display here amazez me...Yes, my profile is incomplete, but I still went ahead and made donation...not that I a, bragging but it speaks about commitment. Since my profile is incomplete, it gives you right to be Rude ? And why cannot I post about lawsuits in first few posts ? I dont get what you are trying to convey. Am I missing something here? I thought we are all professionals here, guess I am wrong.
You proudly keep profile incomplete....
Post a "noval" idea about law suit in first few posts (most likely you have another IV handle too).....
....
still wondering why you are so "famous"....
The rudeness some of the members display here amazez me...Yes, my profile is incomplete, but I still went ahead and made donation...not that I a, bragging but it speaks about commitment. Since my profile is incomplete, it gives you right to be Rude ? And why cannot I post about lawsuits in first few posts ? I dont get what you are trying to convey. Am I missing something here? I thought we are all professionals here, guess I am wrong.
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funny
10-08 03:46 PM
Good news....Very bold move by Indian Govt.
dallasdude
04-08 03:07 PM
There is nothing wrong with the OP's question. The response from couple of wiseguys is jsut flat out annoying. My only concern with the cruise is to wait for a while until the economy rebounds.
kondur_007
02-23 07:11 PM
Well, in the middle of negative comments, I have something positive to add here.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
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