gimme_GC2006
01-05 11:22 AM
any predictions for Feb 2009 :D:D
wallpaper Jun 14, 2011 · Natalie Portman
bigboy007
11-23 09:59 AM
do we need a UK visa even if we have a valid stamped US passport?
nope... but what do you mean by "Stamped US Passport"
nope... but what do you mean by "Stamped US Passport"
JazzByTheBay
08-21 11:25 AM
I filed at TSC, transferred to CSC, receipted, transferred to NSC - so not exactly the same situation. Interesting to note your case filed on 7/27/07 is being processed.
Mine was filed on 06/30/2007
RD: 07/02/2007.
USCIS says they're processing by ND ("when it was entered... ").
Signs of life @NSC, nevertheless.... :)
jazz
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
Mine was filed on 06/30/2007
RD: 07/02/2007.
USCIS says they're processing by ND ("when it was entered... ").
Signs of life @NSC, nevertheless.... :)
jazz
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
2011 The presentation of the new
meridiani.planum
07-19 03:20 AM
Thank you Ganguteli and Elaine for your responses.
It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.
Thank you once again for your replies.
good to hear that it worked out ok in your case!
One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]
It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.
Thank you once again for your replies.
good to hear that it worked out ok in your case!
One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]
more...
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.
wizpal
02-26 09:55 AM
She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.
more...
Blog Feeds
08-31 09:40 AM
USCIS has released a new interim memo which clarified the method of analysis by USCIS officers that they must use in adjudicating Form I-140, Immigrant Petition for Alien Workers, filed for 1) Alien of Extraordinary Ability EB1A cases; 2) Outstanding Professor or Researcher EB1B cases; and 3) Alien of Exceptional Ability EB2 cases. The requirements for these types of I-140 petitions have not changed but this new method of evaluating the merits of cases may adversely impact those applying for immigration in these categories. This interim memo is a response to the U.S. 9th Circuit Court of Appeals decision in Kazarian v. USCIS on March 4, 2010. In the Kazarian ruling, the court held that USCIS was being too strict in deciding EB1A petitions by requiring extensive citation evidence and specific types of peer review work in order to meet the EB1A criteria. However, the court did rule that USCIS could consider evidence such as extensive citations in making a final merits review of the case to determine whether an alien is at the very top of his or her field.
In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.
For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.
New Evaluation Process For EB1B Cases
For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.
Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.
More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)
In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.
For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.
New Evaluation Process For EB1B Cases
For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.
Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.
More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)
2010 Genre of movie: Sci-Fi/Fantasy
desi3933
02-26 11:14 PM
Thank you for your reply. The scenario would be...if my husband loses his H1B due to a layoff, etc, then I would lose my H4 status. In that case, will I still be able to enter the US on a B1/B2 as it was initially valid till 2013.
No.
___________________
Not a legal advice.
No.
___________________
Not a legal advice.
more...
anda007
07-11 12:18 PM
I thank the idea of initiating and going about this so quickly. But if the IV or the majority of them here decide that they are going to hold rallies in San Jose/DC area, then I would not be able to participate since I don't see much representation in Denver/Boulder area.
I would appreciate that IV and/or its core members support the concept of sending more flowers/letters/cards etc.
Nothing of this kind is overdoing here.
Send Cards/Letters and more flowers
Keep the momentum going. This is not a one time affair
Anand Sharma
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
I would appreciate that IV and/or its core members support the concept of sending more flowers/letters/cards etc.
Nothing of this kind is overdoing here.
Send Cards/Letters and more flowers
Keep the momentum going. This is not a one time affair
Anand Sharma
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
hair Thor Movie banner
Ramba
07-25 04:40 PM
Very easy. No need to file new 485 or CP. Interfile, by sending the copy of new 140 approval notice to your pending 485. Requset them to consider your latest approved Eb2-140 as a underlying immigrart visa petition for your pending 485. Ofcourse, you need a latest employment offer letter from the original sponser when requesting the change.
However, this may require aggressive follow up with USCIS.
However, this may require aggressive follow up with USCIS.
more...
sw33t
07-26 01:03 PM
I am in!
Anyone else?
Anyone else?
hot New Movie Releases DVD
immiguy
07-18 04:28 PM
Thanks.. and i am taking the chance and guessing that eb2+ march 2005 is better than eb2 + july 2007..
more...
house Natalie Portman Welcomes A
GCBy3000
07-16 12:43 PM
When did you file your 485? Why dont you update your singnature with your information? Thanks.
My PD is Sept 2005, EB2-NIW.
My PD is Sept 2005, EB2-NIW.
tattoo Natalie Portman#39;s new sex
needgc1712
06-03 05:36 PM
Hi All,
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
more...
pictures Natalie Portman,
reddy_h
08-02 01:25 PM
I don't think so but check with the issuer. Sometimes they might tell.
dresses Sure, Natalie Portman did
newbie2020
10-05 11:40 AM
Yes if someone followed closely on EB3Chinese website you would notice they filed a class action suit and still going back n forth with USCIS on that. I would certainly appreciate the Transparency of EB3Chinese on money being spent on lawsuit as well as taking lead on filing a lawsuit.
If they win the lawsuit you can expect 100s more from chinese/indians/ROW etc
Transparency brings more clarity and more donors ofcourse as the donors know where their money is being spent.
If they win the lawsuit you can expect 100s more from chinese/indians/ROW etc
Transparency brings more clarity and more donors ofcourse as the donors know where their money is being spent.
more...
makeup Natalie Portman New Movie
spicy_guy
10-21 06:42 PM
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
girlfriend Natalie Portman as Jane Foster
GCKaIntezar
05-22 08:45 AM
Sounds like a great positive move with Patton Boggs
I don't think that I appreciate your sarcasm. First and foremost, you gotta understand that there are NO guarantees in life. Can sen Kennedy or the majority leader gurantee that the bill can pass? No.
Even the president can't guarantee that the bill will be passed.
We can give our best shot and hope for the best.
Therefore I'd request that you please refrain from spreading negative energy around and focus on the current action items.
I don't think that I appreciate your sarcasm. First and foremost, you gotta understand that there are NO guarantees in life. Can sen Kennedy or the majority leader gurantee that the bill can pass? No.
Even the president can't guarantee that the bill will be passed.
We can give our best shot and hope for the best.
Therefore I'd request that you please refrain from spreading negative energy around and focus on the current action items.
hairstyles New! The Help One Sheet Movie
speddi
12-09 12:35 PM
As long as you are still doing S/W related job, don't worry about VB , C# or Java etc ...I myself used AC21 rule to change the job and got GC in September.. I know a lot of ppl got GC after using AC21. Most of the ppl, I know (including me) did not inform USCIS about AC21. Ron Gotcher was my attorney and according to him, sending AC21 documents might complicate the case. Also, he informed me that AC21 rule is practiced in a very liberal way by the USCIS ... so don't worry ...
Thank you very much. Other than giving the letter with salary,job description and showing that it is a full time position, what support do we need from the new employer?
Thank you very much. Other than giving the letter with salary,job description and showing that it is a full time position, what support do we need from the new employer?
RNGC
02-12 10:03 AM
How about we greet Obama on President's day ?
Lets all send a Congratulations greeting card on the President day and mention "ImmigrationVoice.org" . Its not too late to do this. If they receive 1000s of these cards, defenitely IV will be take notice....
Admins - Is this a good idea, can we make this a action item ?
Lets all send a Congratulations greeting card on the President day and mention "ImmigrationVoice.org" . Its not too late to do this. If they receive 1000s of these cards, defenitely IV will be take notice....
Admins - Is this a good idea, can we make this a action item ?
Dhundhun
06-26 01:02 PM
If you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485
No. FP for EAD is catagory 2, FP for I485 is catagory 3. I have not seen any LUD on I485 for getting FP for EAD.
As suggested by "mittal_a" it should be due to AC21 or some other routine stuff.
No. FP for EAD is catagory 2, FP for I485 is catagory 3. I have not seen any LUD on I485 for getting FP for EAD.
As suggested by "mittal_a" it should be due to AC21 or some other routine stuff.