Thursday, June 16, 2011

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  • lsuk
    07-21 07:17 PM
    EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

    "DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

    Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

    This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?





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  • lostinus
    07-17 06:56 PM
    Great job IV team. Congratulations. Thanks a million.

    Contributed $100 today. Pledge to put more in every quarter.





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  • dpp
    04-23 03:59 PM
    There is no Dead zone as such. They accepted all the applications received from July 2nd to Aug 17th. They have taken back the notice that they issued on July 2nd. So, they should accept all applications received in between the above period.


    Yeah I understand the (convoluted!) concept of processing date....And in fact, that definition does not even hold good due to the retrogressions we have been seeing in Processing dates as well which should not be happening as per definition.

    Anyway, I would have expected either a July 2 or July 17th... (skipping the zone in between). A July 11th indicates that they are currently processing some cases with that RD and everything else before that has been atleast 'touched'.

    But as I mentioned in my post, there may be cases filed during that 'dead zone' as well.





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  • Legal
    07-16 08:39 AM
    I am not sure how important the processing dates update, If you look in , there are many approvals whose processing dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?

    It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.



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  • dealsnet
    12-06 07:21 AM
    My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.

    Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).

    If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.

    Thanks





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  • krishnam70
    02-18 12:04 PM
    currently iam working with vsginc they filed my greencard processing through different company axiom
    i applied for 485 and iam past 180 days
    i have never been on axiom payroll
    can anybody tell me can i use ac21 portability ?
    Thanks

    What was your GC filed for? as a future employee? If that is the case does it still constitute a a fraudulent practice? I show the yates memo could be used as a reference if at all this case is denied.

    any suggestion desi?

    cheers
    kris



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  • 99mutd08
    08-11 03:11 PM
    Ghost,

    Loved the video and your message.





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  • ilikekilo
    01-08 04:04 PM
    I think H1B quota should be decreased because lots of people available with no jobs in the market, it looks like survival of fittest, even person with good skill set not getting job immediately due to new new consulting company coming into market doing irregular things like less rates etc etc�����. to survive themselves.


    kinda agree with u on this



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  • kuhelica2000
    10-18 08:58 PM
    Did you have to change your address while you switched jo?. And if you had changed address, did you inform USCIS. I am trying to find out if address chnge is what triggers RFE for job switch. Also were you on H1B or using EAD with previous employer.

    I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.

    Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.

    Good luck.





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  • wahab_be
    02-07 07:13 PM
    UK requires an advance parole while coming back to the US. We recently travelled to India on an expired H1 and H4 visa (I have H1 extention approved but the passport has the old expired visa) via London. We did not had any issues. But while coming back we were re-routed to Frankfurt as we did not had the transit visa.

    I recommend going via Frankfurt. You can double check the transit visa requirements with German Embassy as well.



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  • smartboy75
    11-01 06:18 PM
    And how does this news add any values to our issues here ????





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  • lostinbeta
    10-04 12:20 AM
    Good Luck=)



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  • pappu
    03-29 02:37 PM
    My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..

    If he is ROW EB2 he will get his greencard soon. I485 processing times are reduced to 4 months average per USCIS Director.





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  • saibaba
    12-18 03:51 PM
    You can set up register on the website of USCIS. After you get an account, put in your case receipt #, and you can monitor the progress of the case.


    I did it on 12/06 and it shows the same date since then...

    in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...

    so can I consider that there are no recent LUD's on our 485 apps?

    thanx a lot for the info...



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  • saibaba
    10-01 11:28 AM
    Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.

    Director,
    US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
    P.O. Box 805887
    Chicago, IL 60680-4120

    ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)

    Dear Sir or Madam,

    This application/petition was filed along with the required fees is being returned to me for the following reason.

    Reference: I797C, Notice of Action, Receipt number: xxxx
    Notice date: September 20, 2007

    �Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�

    I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.

    Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:

    FedEx Tracking number xxxx
    Ship (P/U) date Jun 30, 2007
    Delivery date Jul 2, 2007 7:55 AM
    Sign for by: R.WILLIAMS
    Delivered to: Shipping/Receiving
    Service type: FedEx First Overnight
    Packaging type: FedEx Pak
    Number of pieces 1
    Weight: 1.00 lb.

    Shipper Information
    xxx

    Recipient Information
    xxx



    I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.

    Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
    Receipt number: xxxx
    Receipt date: December 11, 2006
    Notice Date: March 9, 2007
    Priority date: October 4, 2006
    Petitioner: xxxx
    Beneficiary: xxxx
    A # xxx
    NEBRASKA SERVICE CENTER.
    I would like to re-submit this application and I am requesting for processing once again.
    Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
    Sincerely,


    xxxx
    Human Resources Manager
    xxxxxxx


    hi there:
    why you are sending it to IL?
    Didn't they mention about return address in the returned package?





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  • krishmunn
    03-04 12:24 PM
    I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).

    I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)

    *******
    655.715 Definitions.

    Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;

    ***

    20 CFR 655.734 (a) (2)

    (2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.

    (b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.


    ****

    Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),

    1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .

    2) When one move to a different Metro (or out of commutable area), a new LCA is required.

    It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.

    Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.



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  • H1B-GC
    09-17 02:42 PM
    2 times I returned back from Intl trips, the officer kept 1 original. I am left with 1 original. I have one intl trip to make before my renewed AP arrives.

    From the discussion, I think the officer will stamp the last original, make a copy and give the original back.

    Have a Photocopy of the AP with a "Copy" Seal on it just in case... I had 2 original AP's and both the Times i travelled international - From Rome and Hyd,India to US , the Immi. Officer gave back the Original with the Stamp on it. you could request the Officer to give back the AP explaining your case. This shouldn't be a matter of concern.





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  • pmat
    01-26 11:16 AM
    RTP... RTP... RTP... very good school districts, affordable housing and good desi community. Also, good amount of jobs in high-tech fields. Location is pretty good - you can drive anywhere from Florida to NY.





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  • davehoover
    06-27 08:36 AM
    what is the Alien Registration Number (A#) for a person on H4, while submitting 485 forms?.

    Should we use the Alien Registration Number (A#) of the Sponcering applicant as the Alien Registration Number of the spouse in all the 485 related forms(g325a, I485 etc) ?





    GKBest
    12-26 06:31 PM
    Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).

    Can you tell me more about your fight with universities in getting an instate tuition under H-4? My son have been a CA resident for the past 7 years and has studied in CA schools. Doesn't this qualify him for an in-state tuition? What documents does he need to present to the university to show that he is qualified?





    NKR
    03-06 04:21 PM
    Guys:
    Everyone is talking EB2....what are the prospects for EB3 - India??

    Is it going to move forward..??

    Good Luck..??
    2002

    Well.. Everybody stopped talking about EB2. It is predicted that EB2 will be unavailable till Oct 2008 and after that nobody knows how EB2 dates are going to move.

    As for EB3, there could be a small movement of 2 to 3 months, I do not think there will be any more movement than that.



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