smuggymba
05-11 02:11 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
wallpaper Skoda Octavia VRS 1
Rune
May 31st, 2004, 03:41 PM
Fun series.
However, I can't help but feel slightly envious. The ducks approach me too, but as soon as I whip my camera out they dart away (only to return as soon as the camera is safely tucked back into the bag again).
OTOH, I don't bring duck-food with me... :)
On a more serious note: Aren't you afraid of making them a tad too tame? Won't they become easy prey once the wabbit season is over and duck season starts? (Crispy duck tastes extremely good, but I try to avoid eating duck if I can help it -- they're just too cute! :D)
However, I can't help but feel slightly envious. The ducks approach me too, but as soon as I whip my camera out they dart away (only to return as soon as the camera is safely tucked back into the bag again).
OTOH, I don't bring duck-food with me... :)
On a more serious note: Aren't you afraid of making them a tad too tame? Won't they become easy prey once the wabbit season is over and duck season starts? (Crispy duck tastes extremely good, but I try to avoid eating duck if I can help it -- they're just too cute! :D)
arc
10-25 05:30 PM
^bmp^
2011 view the Skoda Octavia vRS
qplearn
10-17 09:40 AM
It took me 6 days to get my approval and about another week to get the card in the mail. This happened in September of this year and I was registered in the Texas Service Center.
That is assuming that you have gone through your biometrics appointment.
If the Skil bill passes, a lot of people will have their PDs current. At that time, if their 485 processing is complete (according to new guidelines if they show date X/X/XX on the service centers, it means they are done with your processing), I wonder what will happen. When USCIS says, it is done with processing your 485, it may not mean it is done with the name check. So starving dog's name check was also complete by the time they finished processing his/her485.
qplearn
That is assuming that you have gone through your biometrics appointment.
If the Skil bill passes, a lot of people will have their PDs current. At that time, if their 485 processing is complete (according to new guidelines if they show date X/X/XX on the service centers, it means they are done with your processing), I wonder what will happen. When USCIS says, it is done with processing your 485, it may not mean it is done with the name check. So starving dog's name check was also complete by the time they finished processing his/her485.
qplearn
more...
Anil_s
06-28 08:15 PM
Hi,
I came to US on Aug2008 in L1B for company A.My L1B expires in Aug2009.I have a L1 visa for one year only.Meanwhile I had applied for an extension on L1 which got denied.I have got a valid B1 Visa till2018.
Now can I apply for H1B for the year 2009?
Am I eligible to stay in US even after Aug 2009 till I get approval for H1B?
Am I eligible to apply for a Green card in the above situation and have a uninterrupted stay in US?
How will it affect my wife who is in L2B currently?
Regards,
Anil
I came to US on Aug2008 in L1B for company A.My L1B expires in Aug2009.I have a L1 visa for one year only.Meanwhile I had applied for an extension on L1 which got denied.I have got a valid B1 Visa till2018.
Now can I apply for H1B for the year 2009?
Am I eligible to stay in US even after Aug 2009 till I get approval for H1B?
Am I eligible to apply for a Green card in the above situation and have a uninterrupted stay in US?
How will it affect my wife who is in L2B currently?
Regards,
Anil
vallabhu
01-14 12:22 PM
The source is Immigration-law.com
This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.
SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Section 274B (8 U.S.C. 1324b) is amended--
(1) in subsection (a)(5)--
(A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
(B) by moving the text down and to the right 2 ems;
(C) by inserting before such text the following: `(A) IN GENERAL- '; and
(D) by adding at the end the following:
`(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
`(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
(2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
Section 214 is amended--
(1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
(2) by adding at the end the following:
`(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
`(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
`(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
`(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
`(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
`(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.
This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.
SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
Section 274B (8 U.S.C. 1324b) is amended--
(1) in subsection (a)(5)--
(A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
(B) by moving the text down and to the right 2 ems;
(C) by inserting before such text the following: `(A) IN GENERAL- '; and
(D) by adding at the end the following:
`(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
`(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
(2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
Section 214 is amended--
(1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
(2) by adding at the end the following:
`(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
`(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
`(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
`(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
`(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
`(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.
more...
americandesi
03-01 06:56 PM
Don't worry, you will be let in after completing 3 years outside of Canada. But don’t wait till the last moment to make your move
Here's the link from CIC Canada on residency obligation
http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp
If you have been a permanent resident for less than five years then you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.
When you land in Canada by October 2009, the immigration officer at POE will determine if you would be able to meet the 730 days requirement at the 5-year mark. If so, he will let you in.
Once you're in, make sure that you don't travel outside of Canada even for a single day for the next 2 years, failing which you will loose your PR instantly.
Also make sure to keep records of your ties with Canada from day one (like house rent receipts, utility bills etc..) cuz you might need those while renewing your PR at the end of the fifth year. Good luck!
Here's the link from CIC Canada on residency obligation
http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp
If you have been a permanent resident for less than five years then you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.
When you land in Canada by October 2009, the immigration officer at POE will determine if you would be able to meet the 730 days requirement at the 5-year mark. If so, he will let you in.
Once you're in, make sure that you don't travel outside of Canada even for a single day for the next 2 years, failing which you will loose your PR instantly.
Also make sure to keep records of your ties with Canada from day one (like house rent receipts, utility bills etc..) cuz you might need those while renewing your PR at the end of the fifth year. Good luck!
2010 2010 Skoda Octavia Facelift RS
plusme
10-19 09:37 AM
Hi,
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
more...
desi3933
03-09 12:01 PM
This is my understanding.
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
You are right.
Employer must pay H-1 employee salary until
1. employee is notified of job termination (or employee resigns)
AND
2. USCIS is notified of such termination by request to cancel the H-1B petition.
______________________
Not a legal advice.
US citizen of Indian origin
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
You are right.
Employer must pay H-1 employee salary until
1. employee is notified of job termination (or employee resigns)
AND
2. USCIS is notified of such termination by request to cancel the H-1B petition.
______________________
Not a legal advice.
US citizen of Indian origin
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vikki76
09-18 03:12 PM
Take infopass, go with your welcome notice, get 551 stamp - it will allow you to travel until you get the physical card. Usually, 551 stamp is valid 1 year from the date of stamping.
I know some people who have traveled using 551 stamp in the past. They had to go through secondary inspection, carried all their docs with them, but everything went fine.
I know some people who have traveled using 551 stamp in the past. They had to go through secondary inspection, carried all their docs with them, but everything went fine.
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PBECVictim
10-07 11:50 AM
Briefly Explain about case PD, Received Date, type of Case. Explain current Priority date, out of process date etc.. whatever suits your case.
After that explain about creating Service Requests, Infopass appointments didn't make any progress.
Google 7001 you can find lot of Descriptions in site for writing Description.
Could you please tell me the reason you mentioed for "Description of your problem".
After that explain about creating Service Requests, Infopass appointments didn't make any progress.
Google 7001 you can find lot of Descriptions in site for writing Description.
Could you please tell me the reason you mentioed for "Description of your problem".
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roseball
04-04 02:32 PM
Thank you very much for your response. Yes we have received a 3yr extension (approval notice). in that case, I am assuming that we would have to go to the US embassy overseas to get H1B and H4 stamped on the passport opon returning back to the usa?
Yes, you will have to go to the US embassy for Visa stamping and use it to re-enter US whenever you travel overseas the next time. Btw, I am assuming you got your H1 extension approval with a I-94 attached. If not, you will have to leave the US immediately and get a visa stamp and re-enter on H1 in order to maintain a valid H1 status and continue to work legally. If you got an I-94 attached with H1 extension approval, then you can continue to stay/work in US as long as your H1 extension is valid. You don't need a VISA stamp unless you travel overseas.
Yes, you will have to go to the US embassy for Visa stamping and use it to re-enter US whenever you travel overseas the next time. Btw, I am assuming you got your H1 extension approval with a I-94 attached. If not, you will have to leave the US immediately and get a visa stamp and re-enter on H1 in order to maintain a valid H1 status and continue to work legally. If you got an I-94 attached with H1 extension approval, then you can continue to stay/work in US as long as your H1 extension is valid. You don't need a VISA stamp unless you travel overseas.
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bkshres
05-11 01:11 PM
I think as long as she is pending AOS status, she should be fine. But I don't think H4 will be eligible for FAFSA. But if you filed tax jointly and your income is good then she will not get FAFSA funding, HOWEVER, she will get FAFSA loan (subsidized and unsubsidized). Subsidized loan is loan you don't pay interest until you graduate.
During FAFSA application, you need to submit I-94 and it will verify your status I believe. I have seen people getting FAFSA approval for pending AOS without any problem.
I hope this helps. You can get more information from the college she is applying for.
During FAFSA application, you need to submit I-94 and it will verify your status I believe. I have seen people getting FAFSA approval for pending AOS without any problem.
I hope this helps. You can get more information from the college she is applying for.
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ragnarok
07-19 08:05 PM
Sorry, but I am very confused about this.
My family is from S. Korea.
My family is trying to obtain a green card.
Case is Employment Based.
Case Type: Application to adjust to permanent resident status
"Adjustment as direct beneficiary of immigrant petition"
I looked over the papers and the priority date on the sheets is blank.
If you need more information, please ask me.
Thank you.
My family is from S. Korea.
My family is trying to obtain a green card.
Case is Employment Based.
Case Type: Application to adjust to permanent resident status
"Adjustment as direct beneficiary of immigrant petition"
I looked over the papers and the priority date on the sheets is blank.
If you need more information, please ask me.
Thank you.
more...
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nobody
04-28 06:54 AM
cybergold :beam:
dresses Skoda Octavia RS - Interior,
GCD
07-31 11:25 PM
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail her AP approval directly at our home address.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail her AP approval directly at our home address.
more...
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summitpointe
04-27 02:24 PM
Six years in US complete
I-140 approved
Not able to file I-485 because of retrogression
Wife not able to work
Moving around for jobs with family
Cheating Employer
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to plan on good school Child's education
Not able to spend more money on good health insurance
Lot of money spent on H1B Extension and stamping
Sick with the current employer
Don't want my employer to take lot of money in between. Can we switch employer and file a new H1B with new employer.
Do you guys think the retrogression will end soon? frustration everyday.
I-140 approved
Not able to file I-485 because of retrogression
Wife not able to work
Moving around for jobs with family
Cheating Employer
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to plan on good school Child's education
Not able to spend more money on good health insurance
Lot of money spent on H1B Extension and stamping
Sick with the current employer
Don't want my employer to take lot of money in between. Can we switch employer and file a new H1B with new employer.
Do you guys think the retrogression will end soon? frustration everyday.
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hopelessGC
01-21 04:38 PM
The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
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nogc_noproblem
02-15 12:09 PM
Any suggestions...
go_guy123
03-12 01:12 PM
In addition to the above questions:
USICS had stopped the movement of EB2/EB3 dates by not allotting visas and on the other hand they had also added too many restrictions on H1 extension [like valid Purchase Order for all visa extension], no matter you have approved I-140. These days they give H1 extn for only that period of time till PO is valid. That means if the PO is valid for 4 monnths one gets H1 extn for 4 months only and if it 6 mths then extension for only 6 months. This means that after 4,6 months one again has to apply for H1/H4 extensions and again pay all those fees.
This really sucks !!
Is the intention of all these laws is to catch fraud or kick out all immigrants from this country ?
:mad::mad::mad::mad::mad:
Yes, to some extent they do want to end the use of H1B for contract related jobs.
Benching, percentage basis etc were not in H1B rules. Now they are trying to crack down on all that. They are trying to make the H1B-body shopper business model un-viable.
USICS had stopped the movement of EB2/EB3 dates by not allotting visas and on the other hand they had also added too many restrictions on H1 extension [like valid Purchase Order for all visa extension], no matter you have approved I-140. These days they give H1 extn for only that period of time till PO is valid. That means if the PO is valid for 4 monnths one gets H1 extn for 4 months only and if it 6 mths then extension for only 6 months. This means that after 4,6 months one again has to apply for H1/H4 extensions and again pay all those fees.
This really sucks !!
Is the intention of all these laws is to catch fraud or kick out all immigrants from this country ?
:mad::mad::mad::mad::mad:
Yes, to some extent they do want to end the use of H1B for contract related jobs.
Benching, percentage basis etc were not in H1B rules. Now they are trying to crack down on all that. They are trying to make the H1B-body shopper business model un-viable.
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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)
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