meridiani.planum
10-09 09:44 PM
E. EMPLOYMENT PREFERENCE VISA AVAILABILITY
The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.
:) Even if USCIS says that they cant predict future cut-off dates, its not going to slow down the prediction-pundits on IV. Soon we'll have a thread out for December Visa Bulletin prediction!!
The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.
:) Even if USCIS says that they cant predict future cut-off dates, its not going to slow down the prediction-pundits on IV. Soon we'll have a thread out for December Visa Bulletin prediction!!
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srikondoji
08-10 11:43 AM
>>This is true. That said, if you transfer from one office/department to >>another office/department within the same employer, you can count the 5 >>years experience as long as these two offices/departments are using two >>different Tax Id for your W-2. This is what our lawyers told us.
Wow. This is news to me?
How can an employee get two different tax-ids if he is shifting departments and still is in same country?
Thanks for the info. This piece of info few months ago would have made my life.
Wow. This is news to me?
How can an employee get two different tax-ids if he is shifting departments and still is in same country?
Thanks for the info. This piece of info few months ago would have made my life.
admin
04-03 07:11 AM
jinger,
If we ask for everything, we will end up with nothing. If we do not focus on a certain set of issues, we're just setting ourselves for failure. It is not that we're misleading others either. We've always been very open about our goals. We never claimed that we're going to represent every immigrant's wishes.
While what GCwaitforever, has asked is for a very good reason, we're right now focussed on bringing the maximum good to the maximum number of our members.
If we ask for everything, we will end up with nothing. If we do not focus on a certain set of issues, we're just setting ourselves for failure. It is not that we're misleading others either. We've always been very open about our goals. We never claimed that we're going to represent every immigrant's wishes.
While what GCwaitforever, has asked is for a very good reason, we're right now focussed on bringing the maximum good to the maximum number of our members.
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reddymjm
02-23 04:58 PM
I have same issue for the last and last but one items.
more...
Leo07
02-01 04:02 PM
Multiple submissions will do more damage than good. That's my opinion anyways, I feel that it takes credibility away from our cause.
Thanks for completing the survey!
Thanks for completing the survey!
IVLageRaho
09-23 04:40 PM
Hello,
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.
The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.
I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.
Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?
Thanks for your help.
I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.
on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.
on the same day I type a covering letter in think blue color paper - mentioning .
ATTN: CRU Supervisor - Case Improperly Rejected for Fees.
And I explained in the covering letter the amount of the fees paid and the date the case was received.
When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.
I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.
Best of luck
See the question number three answer by murthy -
http://www.murthy.com/news/n_faqrec.html
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.
The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.
I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.
Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?
Thanks for your help.
I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.
on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.
on the same day I type a covering letter in think blue color paper - mentioning .
ATTN: CRU Supervisor - Case Improperly Rejected for Fees.
And I explained in the covering letter the amount of the fees paid and the date the case was received.
When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.
I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.
Best of luck
See the question number three answer by murthy -
http://www.murthy.com/news/n_faqrec.html
more...
icecolor
09-12 09:00 AM
Send the link to this thread to your employer and let him know that he cannot even pull a small hair from your head.
For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
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gc_seeker_ks
04-13 04:33 PM
This bill proposes H1B quota increase over next couple of years and exemption of advance degree holders from EB immigrant numbers. Helpful for sure if passed.
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jy1021
02-15 08:53 AM
yes, you can. I did it last summer. the first officer at the border did not know the rule and said we could not enter, then an older officer came and said we could. they let us in with expired visa but approved h-1b extension notice
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gimme Green!!
01-02 03:43 PM
Thanks Sam
Yes, as per the new guidelines time spent on H4 does not count towards H1.
Yes, as per the new guidelines time spent on H4 does not count towards H1.
more...
drirshad
04-21 08:40 AM
http://hammondlawgroup.blogspot.com/
Thursday, April 19, 2007
Crystal ball gazing
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes�
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June timeframe. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
Thursday, April 19, 2007
Crystal ball gazing
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes�
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June timeframe. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
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yorstruly
07-19 03:07 PM
Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.
...
:D
Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :confused:
And yes, I am totally new to IV. The way it has been effective, I will surely contribute... :)
...
:D
Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :confused:
And yes, I am totally new to IV. The way it has been effective, I will surely contribute... :)
more...
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tabletpc
09-24 10:43 AM
But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
I am single but still I would say Family based visias should be given first preference over employmeent. They need it more than us. Think about the seperated family. GC is not stopping u from working right...?? But GC for familys separated is stopping them from living together.
I am single but still I would say Family based visias should be given first preference over employmeent. They need it more than us. Think about the seperated family. GC is not stopping u from working right...?? But GC for familys separated is stopping them from living together.
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sarasuva
01-30 12:25 AM
Hi,
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
more...
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Blog Feeds
06-03 03:40 PM
WASHINGTON � U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:
been granted Temporary Protected Status (TPS);
a pending application for adjustment of status to lawful permanent resident;
a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
a pending asylum application; or
a pending application for legalization.*
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.
Advance Parole is permission to reenter the United States after traveling abroad.* Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.* By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.* Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.*
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.* Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.* For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links)*and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.* Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.* Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.*
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.** Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.*
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.* For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.* Such individuals are encouraged to review USCIS� Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS� Customer Service Center at 1-800-375-5283.
More... (http://ashwinsharma.com/2009/06/03/uscis-reminds-applicants-for-adjustment-of-status-asylum-legalization-and-tps-beneficiaries-to-obtain-advance-parole-before-traveling-abroad.aspx?ref=rss)
been granted Temporary Protected Status (TPS);
a pending application for adjustment of status to lawful permanent resident;
a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
a pending asylum application; or
a pending application for legalization.*
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.
Advance Parole is permission to reenter the United States after traveling abroad.* Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.* By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.* Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.*
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.* Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.* For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links)*and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.* Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.* Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.*
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.** Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.*
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.* For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.* Such individuals are encouraged to review USCIS� Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS� Customer Service Center at 1-800-375-5283.
More... (http://ashwinsharma.com/2009/06/03/uscis-reminds-applicants-for-adjustment-of-status-asylum-legalization-and-tps-beneficiaries-to-obtain-advance-parole-before-traveling-abroad.aspx?ref=rss)
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snathan
04-28 05:40 PM
Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
more...
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gcpadmavyuh
09-21 03:58 PM
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
employer can revoke the I-140 at any time. If you have crossed 180 days since filing I-485, the revocation does not effect your I-485 approval.
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bpratap
02-04 03:36 PM
My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
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sanju_dba
11-11 02:17 PM
Thanks for your help, by the time I start the business it should be around 6 months, hoping there will be no problem in near future as adviced, Im planning to go head & start the business. Once again thanks for all your support.
6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.
6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.
pthoko
08-04 04:27 PM
The thing is that re-entry using AP does not wipe out previous out-of-status issue as per the 245(k) memo
bigboy007
08-14 11:04 PM
if your application is ready to get a visa you will get it , we cant force USCIS to do some things neither its a defined process that application SHOULD be preadjudicated its like a best practice
I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?
I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?
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