gatsat
10-08 03:23 PM
No. Is there any way to get it delayed till my marriage ?
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panky72
06-20 02:28 PM
I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
You can travel on H-1 without I-485 receipt according to new USCIS rule but for travel on AP you still need the receipt for 485.
http://www.murthy.com/news/n_firule.html
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
You can travel on H-1 without I-485 receipt according to new USCIS rule but for travel on AP you still need the receipt for 485.
http://www.murthy.com/news/n_firule.html
desi3933
06-23 12:38 PM
Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more
A
This is correct.
However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.
The only requirement is the other I-140 must be approved and active
and it must belong to same beneficiary.
Not a legal advice.
A
This is correct.
However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.
The only requirement is the other I-140 must be approved and active
and it must belong to same beneficiary.
Not a legal advice.
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ghost
02-07 03:13 PM
Hi
I clicked on the link provided but unfortunately I was not able to watch the video, can you please share what was concluded at the end of the session, any measures that they plan to take?
Thx
It's a long discussion but the summary in the last 2-3 mins suggests that
a) the temporary worker visas issue should not be tied to backlog reduction issue
b) other countries like canada and australia have already changed their immigration policies for high-skilled immigrants and US is falling behind
c) that the US government needs to provide clarity on the GC process one way or the other instead of keeping us in limbo
d) interesting observation by canadian economics lady professor - clearing the immigration backlog is the only immigration reform that is needed for US economy.
You've to understand that this is just a panel discussion and they can only make recommendations for execution by the politicians...they themselves cannot take any measures to resolve the issues.
Next steps are for us to support IV Advocacy (see separate threads for the April Advocacy) and lobby hard for the necessary legislative changes...this is a good presentation that can be used to to lobby for a piecemeal legislation/amendment for legal immigrant backlog reduction!
I clicked on the link provided but unfortunately I was not able to watch the video, can you please share what was concluded at the end of the session, any measures that they plan to take?
Thx
It's a long discussion but the summary in the last 2-3 mins suggests that
a) the temporary worker visas issue should not be tied to backlog reduction issue
b) other countries like canada and australia have already changed their immigration policies for high-skilled immigrants and US is falling behind
c) that the US government needs to provide clarity on the GC process one way or the other instead of keeping us in limbo
d) interesting observation by canadian economics lady professor - clearing the immigration backlog is the only immigration reform that is needed for US economy.
You've to understand that this is just a panel discussion and they can only make recommendations for execution by the politicians...they themselves cannot take any measures to resolve the issues.
Next steps are for us to support IV Advocacy (see separate threads for the April Advocacy) and lobby hard for the necessary legislative changes...this is a good presentation that can be used to to lobby for a piecemeal legislation/amendment for legal immigrant backlog reduction!
more...
md2003
11-19 10:53 AM
Does it required 6 months pay stub (till Dec 29th -- for July 2nd files) or after 180 days we can move to any company whether you have last month pay stub or not. Generally most of the companies hold 15 days amount.
bhasky25
10-11 03:56 PM
Thanks for replying... Appreciate it ....
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
more...
sam_hoosier
12-14 10:35 AM
Munnabhai,
I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.
Why are you HOPING to get rejected ? :D
But if you expect to get rejected, you should get a new case ready and file as soon as you know for sure that the first one ha been rejected.
I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.
Why are you HOPING to get rejected ? :D
But if you expect to get rejected, you should get a new case ready and file as soon as you know for sure that the first one ha been rejected.
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rameshvaid
05-26 04:59 PM
I was in the same situation last month. I live in minnesota had 485 receipt from july 2007, EAD for myself but no EAD for wife, so i wished the 485 will do. DMV said the same crap that since 485 has no expiration date, they only accept 485 that is not older than 6 months old (with the wild assumption that any 485 is approved or denied within 6 months). I got infopass appointment with USCIS, got letter that my case is still pending, and they laughed in DMV saying they know my case is still pending, they have some kind of access to USCIS database. After a lot of arguing and going up to managers in DMV, they agreed to give me and wife 6 months driving license and told me you have to find another immigration document next time (meaning apply for EAD for urself and wife)
Sorry if this does not help you much.
My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??
Sorry if this does not help you much.
My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??
more...
dvb
07-28 02:16 PM
Does anyone know how you can claim social security when you are in India and not a permanent resident or citizen of the US ???
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san3297
11-09 08:05 PM
I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.
College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.
Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.
College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.
Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.
more...
telekinesis
10-20 10:40 PM
Oh shut up, you have a *beep* load of posts. :crazy:
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WeShallOvercome
07-27 02:13 PM
Thanks.
I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
But my attorney said its no use to beat the system and I should wait till october.
I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.
Every day matters as the counter is 180 days. It is like a time bomb clock.
I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.
When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)
I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
But my attorney said its no use to beat the system and I should wait till october.
I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.
Every day matters as the counter is 180 days. It is like a time bomb clock.
I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.
When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)
more...
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waitnwatch
05-17 10:44 PM
That is true. This thing called "special handling" in common parlance is, thank god, not a hot topic of discussion. I hope this clause doesn't get weeded out given the current scenario where they have killed F4. I really wonder if "highly skilled" legal immigrants would ultimately get any benefit out of this bill. Limboland is where many people are - and at the end of the day you still get to live in Limboland and become its citizens by default.
My two cents! :( :(
My two cents! :( :(
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bondgoli007
07-17 03:13 PM
Response from my Fragommen paralegal:
1.Typically how long does DOL take to response to an Audit? Approximately 4 to 7 months.
2.What kind of response can we expect? Will it be an approval or a further Audit? Unknown. We may receive an approval or we may receive a 2nd audit.
3. What % of cases get a further audit after a response is filed to an initial Audit? Every case is different, so can't provide you with a percentage.
I was audited on 6/09 and Fragommen responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
1.Typically how long does DOL take to response to an Audit? Approximately 4 to 7 months.
2.What kind of response can we expect? Will it be an approval or a further Audit? Unknown. We may receive an approval or we may receive a 2nd audit.
3. What % of cases get a further audit after a response is filed to an initial Audit? Every case is different, so can't provide you with a percentage.
I was audited on 6/09 and Fragommen responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
more...
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fromnaija
07-23 02:38 PM
I remember reading somewhere on USCIS website and this forum that FP taken in late 2007 (probably for all July 2007 filers) will last for the duration of AOS application...
This must be for bad FP or for missing FP for self or any family member...
I posted the following at another forum on this topic:
USCIS is developing the Biometrics Storage System (BSS) w hich will allow the re-use of fingerprints and, if an application or petition has not been adjudicated within the fifteen month validity period, USCIS will be able to simply re-submit the stored fingerprints to the FBI, without any involvement of the applicant or petitioner. See 72 FR 17172 (Apr. 6, 2007) (establishing a new system of records).
It is from this link:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52
Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.
DATES: The established system of
records will be effective May 7, 2007
unless comments are received that
result in a contrary determination.
This is from FR 17172 which you can find at:
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172
This must be for bad FP or for missing FP for self or any family member...
I posted the following at another forum on this topic:
USCIS is developing the Biometrics Storage System (BSS) w hich will allow the re-use of fingerprints and, if an application or petition has not been adjudicated within the fifteen month validity period, USCIS will be able to simply re-submit the stored fingerprints to the FBI, without any involvement of the applicant or petitioner. See 72 FR 17172 (Apr. 6, 2007) (establishing a new system of records).
It is from this link:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52
Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.
DATES: The established system of
records will be effective May 7, 2007
unless comments are received that
result in a contrary determination.
This is from FR 17172 which you can find at:
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172
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needhelp!
02-13 10:55 PM
Thanks to all who responded.
more...
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GCOP
04-20 02:47 PM
I recently renewed our passports at Indian Embassy, Washington D.C . I sent 2"X2" size photographs and there was no problem in passport renewal.
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arihant
03-14 04:43 PM
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
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dagabaaj
02-11 12:08 PM
My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.
leonqiu
03-14 12:06 PM
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
vybe3142
07-25 12:03 AM
thanks much, ...
i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.
i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.