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10-30 12:30 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEitUwfnK4Smqmlpt4wb9PdQ0w-b_sMohSAzlUeWp4szQtKwn7F8BaUUTyRzjn3A_2jLIP5B1ta1969MtGCwMSVsy90xFDYCfz8_AYBD4IHTNEyznTVUtiKYJvTnuqM2usTxpxIBi7xWHw6Q/s320/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEitUwfnK4Smqmlpt4wb9PdQ0w-b_sMohSAzlUeWp4szQtKwn7F8BaUUTyRzjn3A_2jLIP5B1ta1969MtGCwMSVsy90xFDYCfz8_AYBD4IHTNEyznTVUtiKYJvTnuqM2usTxpxIBi7xWHw6Q/s1600-h/uscisLogo.gif)
USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."
The Fact Sheet explains that "public charge" means
an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.
The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":
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, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional 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 School Breakfast Program, and other supplementary and emergency food assistance programs
Housing benefits
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 (such as attending public school), 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)
Non cash benefits under TANF such as subsidized child care or transit subsidies
Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
Unemployment compensation is also not considered for public charge purposes.
https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)
USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."
The Fact Sheet explains that "public charge" means
an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.
The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":
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, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional 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 School Breakfast Program, and other supplementary and emergency food assistance programs
Housing benefits
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 (such as attending public school), 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)
Non cash benefits under TANF such as subsidized child care or transit subsidies
Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
Unemployment compensation is also not considered for public charge purposes.
https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)
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sri1309
01-10 10:51 AM
Hi ALL,
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.Will you start looking at expert atttorneys spending 1000s of $s. Will you have to return back??.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just imagine you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.Will you start looking at expert atttorneys spending 1000s of $s. Will you have to return back??.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just imagine you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
kanta80
04-05 11:39 AM
Thank you very very much, sertasheep. I really appreciate your help.
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uumapathi
08-19 08:59 AM
My wife just got her EAD yesteday and it was for 2 years. I am expecting mine today and I hope it will be for 2 years as well and interestingly, my I140 is still pending.
more...
xyz2005
08-02 01:09 AM
hi:
I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.
I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.
I am getting experience letter from first employer but second employer where I worked for 4 months has no record.
Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.
Please let me know..is that is risky or will come back with RFE?
DB
Well few comments:
- For LC you cannot use your current work exp...it has to be relevant prior one
- Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
- Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
- For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.
Thanks and take care
Best Regards,
I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.
I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.
I am getting experience letter from first employer but second employer where I worked for 4 months has no record.
Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.
Please let me know..is that is risky or will come back with RFE?
DB
Well few comments:
- For LC you cannot use your current work exp...it has to be relevant prior one
- Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
- Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
- For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.
Thanks and take care
Best Regards,
gc@waiting
08-21 06:51 PM
My corporate attorney told me that one is okay as long as one doesn't sya beyond 180 days from expiry without applying for a renewal, so you have 6 months to apply.
Better check with an attorney, but I am sure you are just fine.
Also, we had a 'nunc-pro-tunk' situation, but that kicks in only after 180 days , so I told.
Better check with an attorney, but I am sure you are just fine.
Also, we had a 'nunc-pro-tunk' situation, but that kicks in only after 180 days , so I told.
more...
reachinus
10-02 12:33 PM
If she enters in H4 her H1 is gone. So be sure if she wants to enter in H4.
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raghuram
11-10 12:57 PM
Even though the immigration is the highest priority for all of us on this web site, that is not the same with Mr. President elect. He has to take care of other pressing issues like economy, Iraq war etc. first.
Therefore, I don't think it would be worthwhile to spend our resources for at least 6 more months. Once he settles down in the office and other things start moving, we can try at that time.
Therefore, I don't think it would be worthwhile to spend our resources for at least 6 more months. Once he settles down in the office and other things start moving, we can try at that time.
more...
eilsoe
10-02 01:17 PM
Actually, my secret is a tutorial i downloaded a million yeras ago, I just never tried it because it scared me. :P
The tutorial is nearly impossible to do, because the author doesn't tell you how to make the starting blob...
But i tried to make something in 3dsmax, and worked from there, and this is how it turned out...
The tutorial is nearly impossible to do, because the author doesn't tell you how to make the starting blob...
But i tried to make something in 3dsmax, and worked from there, and this is how it turned out...
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ushkand
08-14 11:48 AM
I have an LUD of 08/05/2007 on my 2006 approved I-140. I was hoping, like so many of us, that it meant CIS was entering my 485 in the system. But looking at the trend, it seems like CIS may only be gathering data on how many approved I-140 are currently in the system and make projections/plans for future work load etc.
more...
gcfriend65
01-19 07:44 AM
Mine was filed on May 01, 2006 EB-2 and I am still waiting. I has been close to 9 months now. I also logged in an enquiry 35 days ago, but still no reply. Worried as what to do. Do, I convert to Premium?
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smuggymba
08-19 12:56 PM
Put ur head together and tell me is it too difficult to tell where he is from?
Put ur head together and don't speculate. He can be a US citizen, or a UK citizen or a Sri Lankan or a Senegalese.....stop speculating and defending your ridiculous post.
Put ur head together and don't speculate. He can be a US citizen, or a UK citizen or a Sri Lankan or a Senegalese.....stop speculating and defending your ridiculous post.
more...
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sundarpn
11-17 11:33 PM
Another question is when using AC-21 to change jobs via H1b transfer, (or even EAD for that matter)
how does one bring up the topic of AC-21 to the employer?
Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."
(I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)
how does one bring up the topic of AC-21 to the employer?
Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."
(I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)
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boreal
09-21 11:56 AM
I don't agree with more fees for 485 etc ...
They are already taking too much money out of us ...
Then lets just sit tight and hope everything would be done for us without shelling one extra dollar.
Come on guys, we need to see this from the Govt's point of view too. What's in it for them to even begin considering the plight of us??
They are already taking too much money out of us ...
Then lets just sit tight and hope everything would be done for us without shelling one extra dollar.
Come on guys, we need to see this from the Govt's point of view too. What's in it for them to even begin considering the plight of us??
more...
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webm
05-04 08:33 PM
Did anybody had expierence that they missed a appointment for any reason. What to do next? Go to center and request for reschedule or call national service center?
Its a worth to try..give it a shot..take Infopass or call nation server center etc..
Its a worth to try..give it a shot..take Infopass or call nation server center etc..
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thepaew
02-09 01:41 PM
Hello Pappu,
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
more...
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JunRN
05-28 08:18 PM
You can't gain any legal status using your Canadian employment. It's like you're working for a company in your home country and staying in the US. Your home country's company cannot sponsor you for H1 unless they have a branch here in the US. At best, you can stay in the US by using other status like being in H4 and your spouse working as H1. OR if you have a GC.
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morchu
05-05 02:02 PM
Yes. This is probably one of the simplest RFE's to reply. Other members have provided enough details on what to include. Some more documents I can think of are:
Dependent Medical Insurance, Joint Auto Insurance, Joint lease/mortgage agreement (joint residence), flight tickets of vacation trips together.
Dont worry if you dont have "all" of the mentioned documents. I hear that USCIS attaches a barcode sticker for the reply, and having this makes them easier to track your reply.
Dependent Medical Insurance, Joint Auto Insurance, Joint lease/mortgage agreement (joint residence), flight tickets of vacation trips together.
Dont worry if you dont have "all" of the mentioned documents. I hear that USCIS attaches a barcode sticker for the reply, and having this makes them easier to track your reply.
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amitjoey
08-17 03:06 PM
Hello everyone,
Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.
SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?
Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320
According to Murthy: http://www.mURTHY.COM
The package should reach today. Not on monday even if the post mark is 16th.
Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.
SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?
Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320
According to Murthy: http://www.mURTHY.COM
The package should reach today. Not on monday even if the post mark is 16th.
belmontboy
08-14 08:41 PM
Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back) -
he could either be lying or the lawyer screwed up
- Can this actually happen (that RFE doesn't get delivered at all) ?? -
Lawyer gets the RFE. If lawyer screwed it, u can probably report it to bar. If ur employer didnot bother to respond, there is nothing much u can hold against him.
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
you can track ur case online.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
cnag
07-09 10:23 PM
That's true. Priority Mail + Delivery Confirmation.
Can the docs be sent thru Fedex??
Can the docs be sent thru Fedex??
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