7 Haziran 2011 Salı

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  • snathan
    05-04 01:45 PM
    Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D

    When the employe and employer are two different entity...why can not?

    I will have a very good employer- employe relationship...:D




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  • Murthy
    05-07 08:10 PM
    The Beacon (http://blog.uscis.gov/)

    Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.

    1) Combine EAD and AP into one document and issue for 3 years.

    USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.

    2) Allow people with approved immigrant petition to file an I-485.

    The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.

    3) Do not count the dependents against visa numbers.

    The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.

    4) Publish all the backlog data including that of district offices.

    USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.

    5) Publish visa numbers that have been used to date in the current year.

    Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
    Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
    They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.




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  • mambarg
    07-24 07:08 PM
    My attorney uses Fedex and we get receipts on time.
    I would recommend to use Fedex instead of UPS.




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  • seekerofpeace
    09-05 12:01 AM
    I saw in one of the threads : someone's CPO welcome status changed to "Approval notice sent" after couple of days....

    Strange r the ways of USCIS

    SoP



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  • a_yaja
    10-12 08:44 PM
    Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.

    please advice ...

    Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.

    Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.




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  • pani_6
    01-27 04:33 PM
    This is the time Guys...Please contribute..dont think...just Do it as Nike says!
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  • alien2006
    08-07 03:05 PM
    Prevailing wage for EB2 as of latest information i have is $83,200
    Hope this helps.

    Okay that is so vague. Wages depend on the location of job, type of job, etc.




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    09-06 10:11 PM
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  • sanbaj
    07-25 04:22 PM
    GC_Wait2002,

    I see your situation. I have recently got my I140 Interfiling approved. My case was simple EB2 to EB2 with the same company. As your EB2 I140 is approved now, but EB3 I140 is still pending. therefore, I am not sure you can Interfile. Logically, you should be able to as in Interfiling one is just requesting to conider another approved I140 and that is exactly what you will do. Check with your lawyer or the lawyer thread on IV. I wrote the text of the document which my lawyer filed at: http://immigrationvoice.org/forum/showthread.php?p=233421#poststop. You or your lawyer can use that to draft your letter.

    Please consult a Interfile cases experienced Lawyer to make sure that the right thing is done at the right time.

    Best of Luck.




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  • gauravster
    04-22 11:07 AM
    What I say should not be construed as any form of legal advice but based on what I know I list the following things.

    1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
    2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
    3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.

    Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.

    I hope this helps.

    Cheers,
    Gaurav

    Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).

    Do I need to "change" job within my company?

    Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?



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  • mikemeyers
    05-11 05:18 PM
    here is another questions I need to ask, if anyone can plz get them answered it will be great.

    1. There was I-94 attached which was also lost. Recently, we transferred H-4 to different comany, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?




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  • bipin
    03-18 04:51 PM
    LCA wage is $60K. For the current company it is Ok since I worked only for 8 months. But my concern is W2 with $50K in CA bay area will definitely raise a red flag when it comes to any further encounter with USICS (H1 extn/Labor/I-140/AOS/Consulate stamping). I will need to do a lot of explanation. I�m trying to avoid all that with a $60K W2.

    What is the wage mentioned on LCA for the H1 ? Is it more then 50K?



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  • sanju
    04-19 10:59 PM
    can someone tell me (PM if you dont want it on a pubic board) what went wrong with SKIL Bill last year? Where did it fail (senate/house?) did it just get dropped, or went up for vote and did not make it?

    Googling around, and am not able to find anything...


    Nothing went wrong with SKIL bill. Neither did SKIL bill fail. We computer programmers think that the world is built around Boolean logic 1/0, true/false, pass/fail, right/wrong. In politics most of the stuff is "in-between".

    Every year many bills get introduced and only a small faction (less than 2%) are taken up for discussion/vote in the congress. Some bills pass in one house and are not taken up in the second house of the congress. Some bill pass both houses but they do not go to conference committee. A bill could be termed as “failed” if it has been voted down a majority vote in at least one house of the congress.

    Last year (just like this year) key lawmakers wanted to pass a comprehensive immigration reform bill which means, everything related to immigration subject will be done in one bill. So SKIL bill was introduced but it could not be scheduled for discussion and vote in the congress. ‘Introducing” a bill simply means that a bill was registered with the one house of the congress and a bill number was allocated to that bill, that’s it. It is then the job of the majority leader in the Senate and Speaker of the House to put the bill in the calendar/schedule for discussions and, up or down vote. SKIL bill was never put on the schedule of either of the two chambers of the congress. Most articles suggested that if the SKIL bill was put on schedule all by itself, this bill would have easily passed with the majority vote. But key lawmakers did not want a separate bill for each category. They want a comprehensive bill which includes reforming employment based, nurses, family based, diversity lottery, refuges, undocumented and anything “immigration” under the sun. That is why SKIL was never discussed and voted on the floor of the congress. SKIL bill was made of the comprehensive immigration bill S.2611 that passed the Senate last year. So SKIL bill was passed by the Senate. Then there were drastic differences between the House and Senate version of the immigration bill. House version of the immigration bill border wall and enforcement only bill and House majority leadership was not ready to do any negotiations on the bill passed by the Senate. By July-August of 2006, Republican leadership decided to use “immigration” as an election platform to energize their base. So they did not want to take up a bill to fix the problem. Republican leadership in the House wanted the issue to be there so that they would go back to their base and scare voters with the “illegal alien” election platform. So in the end nothing happened. After the elections, after Republicans lost the majority in the House and the Senate, Republicans lost the need/leadership to address the immigration issue and Democrats announced to address this in the 110th Congress so that they could take up the credit for solving the problem. So for all practical purposes, nothing actually happened on immigration issue or SKIL bill.

    This year too, SKIL bill is very unlikely to go anywhere all by itself. We all have to wait for the compressive immigration reform bill to pass or die. No one knows by when comprehensive bill could be considered as dead this year. Several times I have talked with my congressman’s office and they have told me that SKIL could be considered by itself only if key lawmakers know that comprehensive immigration bill is no longer possible. They never fail to add that this is a pure speculation and no one can predict how it will all unroll and we just have to wait for the things to happen in next few months. Sometimes they have also said that if comprehensive bill fails, there may not be any bill till 2009. My congressman’s office did say that we should continue to talk to other lawmakers to tell them about our problems and a need for an immigration bill.

    Hope this answers your question.




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  • sweet_jungle
    10-23 11:52 PM
    [QUOTE=gcobsessed;298830]My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.

    if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.



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  • $eeGrEeN
    08-02 01:38 PM
    Can you please explain further - what you mean by "So, the person intended to cash it cannot. " Does it mean that if you make a request to track the MO thru' PO then USCIS will not be able to encash it.


    Your's is thru' a Bank . My response was regarding a MO thru' USPS.

    I guess that is what the person intended to ask >>>

    "I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank"




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  • tnite
    10-16 01:28 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
    Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
    H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
    As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
    H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    180 days after filing for 1485 provided your I140 was approved.

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
    NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
    Once approved anywhere from 7-30 days you might get the GC by mail.
    I dont know whether there are enough numbers.I won't even speculate.

    - Would I get the fingerprinting notice directly or would my employer receive it?
    You would get a copy of the FP notice.

    - What other formalities would be left after (assuming) 485/765 are approved?
    765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?

    check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
    Goodluck



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  • Canadian_Dream
    07-24 04:58 PM
    I was in the same situation. My application sent on June 8, received June 11 was entered in the system in July second week while my spouse's application was entered in the system today. There seems to be some delay in processing June second week applications, this is just from my observations from various posts and following . Rest assured you will receive the receipt. I was panicked regarding my application whether it is returned or lost or denied.
    When I looked at the I-485 adjudicators manual (available at USCIS website) I found out that all applications are entered in the system even if it is routed be returned back to the applicant for whatever reason. It is simply not possible to not to have an application in the system. So I guess it is matter of time before you will get the receipt. Check with USCIS customer service reps, they are very friendly. If you don't hear anything in another day or two open a service request. This was advised to me by USCIS customer service rep. It usually take 30 days to receive a response but at least you will be assured that someone is looking at it. NSC has issued a notice saying all the applications will be receipted by Aug 01, so wait till then and if you don't hear from them refile the whole thing again as a last resort.

    Hope this helps. Good Luck !!!


    Hi ,

    Our attorney mailed our applications to NSC on 7thJune and thru USPS tracking number, we know it has reached NSC on11th June early morning. Have called NSC 5 times in last 3weeks, but every time, I am told our data is not in the system.... Our attorney is asking us to hold on for some more time, till he hears from his bank if the checks have been encashed??? But till now, no news...

    Kindly let us know, if anybody who have filed at same time and have not yet received any update???

    Thanks in advance!!!!




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  • inskrish
    09-28 12:30 AM
    and tiped around $ 100, suddenly he started yelling at me...


    Well, probably, you might have underestimated the power of JB, I guess. He got pissed off since you paid just $100. :D




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  • xlxoel
    06-04 07:27 PM
    No!

    This was a renewal, I already had one PAROLE.

    When I applied online they asked me not to include any documentation but the old parole document, the specifically said not to include pictures or any other type of document.

    So I just mailed the old PAROLE and got an email saying that an REF was on its way,
    I waited for the letter and they specifically said only to include 2 pictures attached to a yellow document that they sent on the same envelope!

    Now, I'm just waiting to receive my travel permit!
    YES!




    bestia
    07-16 10:58 PM
    Only I-485 is immigrant intent. LC/I-140 - are filed by the employer, it's not 'your' intent. Medical exams don't matter at all.




    GCBy3000
    07-09 10:05 AM
    This is removed from dice now. :D



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