Canadianindian
07-06 11:25 AM
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
This is what I asked:
Can the USCIS explain the mental, physical and financial trauma caused to 400,000 LEGAL immigrants. This illegal and reckless actions by the USCIS needs immediate attention by the law makers.
What is USCIS doing to address this 300 million dollar fiasco. We need some response and justice. Please help (www.immigrationvoice.org)
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
This is what I asked:
Can the USCIS explain the mental, physical and financial trauma caused to 400,000 LEGAL immigrants. This illegal and reckless actions by the USCIS needs immediate attention by the law makers.
What is USCIS doing to address this 300 million dollar fiasco. We need some response and justice. Please help (www.immigrationvoice.org)
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deepakjain
01-08 01:21 PM
deepakjain:thanks for the latest info on this.
Little clarification required, what do you mean "delivered the next day betn 4:30-5:00". You mean one can collect it the next day in the evening?
jkm2282, sorry for hajacking your post. Any updates from your side?
You have the option of collecting your passport over the VFS counter in mumbai, and the passport is delivered between 4:30 to 5:00 PM on the next day of your interview.
The best way to get your passport is to call VFS office in mumbai between 8:30 to 2:00 PM any day 022-66547600, quote your passport number, the VFS helpdesk should be able to tell you if they have received your passport from the US consulate or not.
If the VFS personal says over the phone that they have your passport with them then you can collect the same from the VFS office.
Another option to track passport is to SMS - "VISA{space}US{Space} "passport number.
Regards,
Deepak
Little clarification required, what do you mean "delivered the next day betn 4:30-5:00". You mean one can collect it the next day in the evening?
jkm2282, sorry for hajacking your post. Any updates from your side?
You have the option of collecting your passport over the VFS counter in mumbai, and the passport is delivered between 4:30 to 5:00 PM on the next day of your interview.
The best way to get your passport is to call VFS office in mumbai between 8:30 to 2:00 PM any day 022-66547600, quote your passport number, the VFS helpdesk should be able to tell you if they have received your passport from the US consulate or not.
If the VFS personal says over the phone that they have your passport with them then you can collect the same from the VFS office.
Another option to track passport is to SMS - "VISA{space}US{Space} "passport number.
Regards,
Deepak
cleopatra
02-07 10:57 AM
We did check that. What we wanted was I.T project manager, but it got classified as CIS Manager.
We cannot change the job from Project manager to Computer systems analysts.
I am going to be promoted as Project manager, so we need to get a PM role.
Is there anyone who got "Project Manager" in EB2 classification?
We cannot change the job from Project manager to Computer systems analysts.
I am going to be promoted as Project manager, so we need to get a PM role.
Is there anyone who got "Project Manager" in EB2 classification?
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ngopikrishnan
04-06 08:09 AM
sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.
Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.
3 Year Extension Statute under AC21 �104(c)
�104(c) One-Time Protection Under Per Country Ceiling.
Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–
1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and
2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:
The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:
(a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.
Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.
1. Procedure for processing “one-time protection” benefits
In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.
The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.
Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.
III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT
Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).
Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).
Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.
P.S.
1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf
2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Please take the above info with a grain of salt and consult your lawyer!!!
Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.
3 Year Extension Statute under AC21 �104(c)
�104(c) One-Time Protection Under Per Country Ceiling.
Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–
1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and
2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:
The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:
(a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.
Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.
1. Procedure for processing “one-time protection” benefits
In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.
The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.
Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.
III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT
Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).
Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).
Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.
P.S.
1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf
2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Please take the above info with a grain of salt and consult your lawyer!!!
more...
wellwishergc
07-11 12:27 PM
^^^^^^
carbon
12-30 08:15 PM
Hi,
I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.
My PD is June 2005 and I-140 approved on July 2006. I am thinking of
changing my job. I am puzzling about the following questions:
1. Can I change the job and use my 3 year extension for the next job?
2. Can I keep my PD of June 2005 if my current employer doesn't revoke
my I-140 ?
3. If I apply for GC again with new employer and get my I-140 approved , can
I keep getting 3 year extensions on that job ?
PLEASE HELP!.
Thank you,
I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.
My PD is June 2005 and I-140 approved on July 2006. I am thinking of
changing my job. I am puzzling about the following questions:
1. Can I change the job and use my 3 year extension for the next job?
2. Can I keep my PD of June 2005 if my current employer doesn't revoke
my I-140 ?
3. If I apply for GC again with new employer and get my I-140 approved , can
I keep getting 3 year extensions on that job ?
PLEASE HELP!.
Thank you,
more...
shana04
02-01 09:42 AM
I used Rajiv Khanna and Amarnath Gowda(www.gowda.com). They both were good and will provide satisfactory service.
This gave me extra level of satisfaction.
This gave me extra level of satisfaction.
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vhd999
02-04 06:27 PM
I guess it does not matter...I have sent USPS envelops.
more...
anilsal
05-12 08:17 AM
Documents are usually lost and replaced (via duplicates).
Just ensure that you scan the docs into PDFs or something like that (Most of the new home printers have this option). When a need comes, just print the PDF.
Just ensure that you scan the docs into PDFs or something like that (Most of the new home printers have this option). When a need comes, just print the PDF.
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sbabunle
11-17 09:26 AM
Way to Go India!!!!
Jai Hinddd!!!!
Jai Hinddd!!!!
more...
lskreddy
07-02 04:36 PM
I said they decided to process EB2 140s over EB3 140s because there were more approvable cases in the former set. I did not say they are approving 140s based on PD.
I didn't imply that you were saying that USCIS is approving based on PD's. I agree with your statement in full that they processed EB2 I140's to utilize the visa numbers.
But, approving that are not eligible for those visa numbers (like mine) are also happening in abundance and that to me is just weird. It is prioritizing one application over another for no apparent reason.
I have no complaints as I benefitted from it but on the other hand it makes me fume as my other has been pending forever.
I didn't imply that you were saying that USCIS is approving based on PD's. I agree with your statement in full that they processed EB2 I140's to utilize the visa numbers.
But, approving that are not eligible for those visa numbers (like mine) are also happening in abundance and that to me is just weird. It is prioritizing one application over another for no apparent reason.
I have no complaints as I benefitted from it but on the other hand it makes me fume as my other has been pending forever.
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desibechara
09-22 07:48 PM
hi:
I am not on I140 now but in my situation ( whenever that comes, if that comes!)..I have been working for my current emplyer for 7 years and if I were to file I140 tomorrow :) ..am I supposed to look & get the job experience from soebody I worked around 7 years ago...they don't even remember me!
my situation- labor filed Oct 2001( after 9/11 happened, I could have applied earlier but for my stupidity!)..(my attorney filed in EB3 ..and I do not know why..)..and I am stuck in the mud now...
please let me know...because I will have to really folow up on them..
Sandeep
I am not on I140 now but in my situation ( whenever that comes, if that comes!)..I have been working for my current emplyer for 7 years and if I were to file I140 tomorrow :) ..am I supposed to look & get the job experience from soebody I worked around 7 years ago...they don't even remember me!
my situation- labor filed Oct 2001( after 9/11 happened, I could have applied earlier but for my stupidity!)..(my attorney filed in EB3 ..and I do not know why..)..and I am stuck in the mud now...
please let me know...because I will have to really folow up on them..
Sandeep
more...
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vivache
11-06 03:26 PM
Does bad credit history or defaults affect getting a job?
Any ideas?
Any ideas?
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devikas81
09-09 07:08 PM
Pls. update ur case once you receive any action from USCIS,
I have similar case like you, pls. email me at vmt0606@yahoo.com,
Thanking You,
I have similar case like you, pls. email me at vmt0606@yahoo.com,
Thanking You,
more...
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sts_seeker
07-05 05:09 PM
Hey guys,
See guys, My original LC was approved with PD of 2003 from this same company but I-140 was denied due to A2p and now is in appeal. This lc sub is from other worker with lower salary and he left the company 3 yrs ago and I am still working here. It's not like a desi consultancy where they sell approved labor, hold your h1 so you can't transfer your h1, get pay cut and put innocent people's status in jeopardy and create problem for everyone else who want to do LC sub in a honest way. It's a genuine LC substitution and I want to do it as long as the law allow me to do that.
I am also fraustrated with USCIS messed up policy of doing whatever they want and hopefully something will work out for all of us in good way!
thanks
See guys, My original LC was approved with PD of 2003 from this same company but I-140 was denied due to A2p and now is in appeal. This lc sub is from other worker with lower salary and he left the company 3 yrs ago and I am still working here. It's not like a desi consultancy where they sell approved labor, hold your h1 so you can't transfer your h1, get pay cut and put innocent people's status in jeopardy and create problem for everyone else who want to do LC sub in a honest way. It's a genuine LC substitution and I want to do it as long as the law allow me to do that.
I am also fraustrated with USCIS messed up policy of doing whatever they want and hopefully something will work out for all of us in good way!
thanks
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fromnaija
02-10 10:49 AM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
more...
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svn
05-10 05:02 PM
So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.
That would have been my preference as well - unfortunately I did not have a choice since my company had a RIF and I am now looking for work! Any help on what the status is called (other than jobless!) would be appreciated
That would have been my preference as well - unfortunately I did not have a choice since my company had a RIF and I am now looking for work! Any help on what the status is called (other than jobless!) would be appreciated
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fall2004us
10-26 12:30 PM
I am in the same boat...
I saw LUDs yesterday and day before yesterday on my AP application..
Hope they approve it soon.
I saw LUDs yesterday and day before yesterday on my AP application..
Hope they approve it soon.
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venky08
06-24 12:42 AM
Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.
EB3 (other workers) were unavailable in july 07 bulletin...that does not mean they were stopped accepting applications without notice...Arkbird do you agree on this explanation?:confused:
EB3 (other workers) were unavailable in july 07 bulletin...that does not mean they were stopped accepting applications without notice...Arkbird do you agree on this explanation?:confused:
yestogc
07-07 10:04 PM
How can we know the status of 485, I mean is it pre-adjudicated or not ??
Also what is this POJ method, can you please enlighten.
Also what is this POJ method, can you please enlighten.
chandrajp
06-19 01:18 PM
The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
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