waiting_4_gc
07-18 06:48 PM
Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.
Its going to be another lawsuit :confused:
Its going to be another lawsuit :confused:
wallpaper Pitt, Jennifer Aniston
pa_arora
06-13 03:31 PM
Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
The main reason apart from stated ones above - "FBI new name check 6 month policy". Lot of old people which were struck up with name check from long time are getting cleared now.
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
The main reason apart from stated ones above - "FBI new name check 6 month policy". Lot of old people which were struck up with name check from long time are getting cleared now.
ivar
02-04 05:39 PM
Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)
Okay, Is there anyone who has filed for PERM appeal after refusal and got PERM approved after appeal.
Thx,
R.
Okay, Is there anyone who has filed for PERM appeal after refusal and got PERM approved after appeal.
Thx,
R.
2011 Magazine insists hat Jennifer
Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
more...
dpp
11-17 09:48 AM
House bill passed long back, but there are very few differences between Senate and House bills. They have to reconcile.
dhirajs98
07-12 01:24 PM
Hello Friends,
I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.
Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.
If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?
My question is
With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion
The current labor belongs you b/c I-140 has been approved. Secure your current approved LC and I-140 documents and then move on to the new employer's pay roll.
All the best ...
I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.
Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.
If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?
My question is
With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion
The current labor belongs you b/c I-140 has been approved. Secure your current approved LC and I-140 documents and then move on to the new employer's pay roll.
All the best ...
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bobzibub
01-11 10:36 AM
Use dice.ca monster.ca or workopolus.com or something.
It is true that the US will be heading for quite difficult times ahead.
They've just posted a $T1.2 deficit and that is pre-Obama infrastructure program. They may have to deflate the dollar in order to pay it off as the countries that normally buy US treasuries are experiencing their own crunches. The financial bailout has the affect of being a huge wealth transfer from the middle class to the wealthy where there already is growing income inequality. Plus the Iraq war costs muchos dineros. In summary, I am bearish about the US economy, dollar, and future prospects over the next decades. Some economists say that the Bush (Jr.) years cost the economy (If I remember correctly) around T$9. A staggering amount.
Canada has her fiscal house in order if not political house in order. (There will likely be yet another election in the next few months.). Canada has been posting government surpluses provincially and federally in the last decade or so, so Canada is prepared for what will likely be a mild recession. (The belief is that they'll be out of recession 2nd half 2009) Plus the banking system was not allowed to go leverage wonky like down here. So there is no big bailout, and no big financial issues. There are some credit issues but I believe that they are spillover from the US. Canada has buttressed the banks but to place them on an even keel with bailed out US banks. Scotia bank, for example, has rejected the efforts saying they're not needed.
Wages are lower and taxes are higher but if you have a family it may be beneficial because daycare and other child related expenses are subsidized. I think it is 9 or 12 months paid maternity leave, for example.
Job market is pretty tough. Though there is likely more unemployment now in the US due to differences of measurement.
Pick your poison!
It is true that the US will be heading for quite difficult times ahead.
They've just posted a $T1.2 deficit and that is pre-Obama infrastructure program. They may have to deflate the dollar in order to pay it off as the countries that normally buy US treasuries are experiencing their own crunches. The financial bailout has the affect of being a huge wealth transfer from the middle class to the wealthy where there already is growing income inequality. Plus the Iraq war costs muchos dineros. In summary, I am bearish about the US economy, dollar, and future prospects over the next decades. Some economists say that the Bush (Jr.) years cost the economy (If I remember correctly) around T$9. A staggering amount.
Canada has her fiscal house in order if not political house in order. (There will likely be yet another election in the next few months.). Canada has been posting government surpluses provincially and federally in the last decade or so, so Canada is prepared for what will likely be a mild recession. (The belief is that they'll be out of recession 2nd half 2009) Plus the banking system was not allowed to go leverage wonky like down here. So there is no big bailout, and no big financial issues. There are some credit issues but I believe that they are spillover from the US. Canada has buttressed the banks but to place them on an even keel with bailed out US banks. Scotia bank, for example, has rejected the efforts saying they're not needed.
Wages are lower and taxes are higher but if you have a family it may be beneficial because daycare and other child related expenses are subsidized. I think it is 9 or 12 months paid maternity leave, for example.
Job market is pretty tough. Though there is likely more unemployment now in the US due to differences of measurement.
Pick your poison!
2010 Angelina Jolie began seeing
visves
06-18 02:37 PM
With the new fee structure, you would not have to pay USCIS every year to renew your interim benefits (EAD/AP). This would be most helpful if you are from a retrogressed country and don't expect adjudication any time soon. But, I am not sure what disadvantage you would have if you wait and file on July 30 instead of July 1...obviously there would be a ton of people before you. Personally, I am not sure how everything would play out and if the benefits outweigh the risks.
Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
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gsc999
04-20 12:58 PM
oh my sad soul do not live where there's no peace.[/B]
---
Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!
Btw, I have made a note of your singing abilities and definitely call you for a conference call after we discover that we were all singing songs when instead, we should have been ringing our congress reps for support for our bills.
Please Stop singing the blues and START Ringing(calling) the congress reps.
---
Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!
Btw, I have made a note of your singing abilities and definitely call you for a conference call after we discover that we were all singing songs when instead, we should have been ringing our congress reps for support for our bills.
Please Stop singing the blues and START Ringing(calling) the congress reps.
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gondalguru
07-26 06:56 PM
superdude,
I did change the title. I apologise about the original title which i accept was ambiguous.
however, I was not making any assumption.
if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"
No need to worry. Keep all the documents - paystubs - visa stamps etc since your last entry. Thats all uscis asks.
I did change the title. I apologise about the original title which i accept was ambiguous.
however, I was not making any assumption.
if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"
No need to worry. Keep all the documents - paystubs - visa stamps etc since your last entry. Thats all uscis asks.
more...
rajuram
01-25 06:48 PM
//\\
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pooja_34
10-17 09:33 PM
We never had to tell the IO to do anything. They knew what to do.
But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.
But we never had that problem to deal with.
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.
But we never had that problem to deal with.
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
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gsc999
09-21 07:00 PM
Thanks! guys.....All in the same boat then....Screwed.....
---
Harish, you now know the "problem."
People here at Immigration Voice (IV) are trying to solve that problem by lobbying the Senate and Congress directly. Welcome to IV. Everybody is a volunteer, please spread the word among other H1Bs/ F1s and other potential employment based immigrants about this grassroot effort.
---
Harish, you now know the "problem."
People here at Immigration Voice (IV) are trying to solve that problem by lobbying the Senate and Congress directly. Welcome to IV. Everybody is a volunteer, please spread the word among other H1Bs/ F1s and other potential employment based immigrants about this grassroot effort.
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HV000
11-02 09:59 PM
According to OH Law's website:
11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!
One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.
11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!
One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.
more...
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deardar
02-08 08:20 AM
Who are comming from USA ,did have particular consulate to attend.
How long have you been in usa ?
Is this your first time revalidation ?
How long have you been in usa ?
Is this your first time revalidation ?
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Jaime
09-18 10:16 PM
We saw many toddlers and older kids! Brave little ones!!!
By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!
By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!
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AGC4ME
01-12 07:05 PM
Can the period for which PD was not current be taken into account while counting the wait period?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you.
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you.
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Rolling_Flood
09-22 09:33 PM
bump
Anyone got a generic response to an I-485 Service Request that "your case is awaiting standard security checks required for everyone who applies for this immigration benefit"?
More importantly, did anyone get an approval for their I-485 after being stuck in such a check?
Thanks much.
Anyone got a generic response to an I-485 Service Request that "your case is awaiting standard security checks required for everyone who applies for this immigration benefit"?
More importantly, did anyone get an approval for their I-485 after being stuck in such a check?
Thanks much.
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ivamember
01-25 04:55 PM
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
reachinus
07-14 12:14 PM
Receipt Number: lin0720551219
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
HereIComeGC
04-22 03:47 PM
its good to see data like this after a while...if nothing else...it provides a snapshot of where we are.
Yes. That was exactly my intent. Good to refresh where we have been. Its intersting to note that for most of 2006 - dates did not move much and stayed around Jan 2003. So, presumably most of the cases prior to Jan 2003 would have been cleared.
Yes. That was exactly my intent. Good to refresh where we have been. Its intersting to note that for most of 2006 - dates did not move much and stayed around Jan 2003. So, presumably most of the cases prior to Jan 2003 would have been cleared.