visshy
09-29 05:08 PM
Card production ordered on 28th ! After infopass, faxing documents, contacting congressman twice, ombudsman....finally it was approved on 28th ...4 days b4 the expiry phew
Nagireddi
09-02 09:37 PM
Any updates or idea on what happened on August 31st senate judiciary meeting on SKIL bill? PLease let us know IV members.
ngopikrishnan
07-30 11:03 AM
I would go with the FAQ released on July 23 (since it is the latest) instead of the Direct Filing update released on June 21.
Where was your I-140 applied (if it is not concurrent with 485)?
Also, Q6 says the following:
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center.
Do NOT split hairs! You are okay!
P.S.: BTW, are you working for Cognizant?
Where was your I-140 applied (if it is not concurrent with 485)?
Also, Q6 says the following:
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center.
Do NOT split hairs! You are okay!
P.S.: BTW, are you working for Cognizant?
GoneSouth
08-20 01:25 PM
I would just wait out the 6 months for AC21 to kick in, then go to work for a reputable company. There's no need to sign on with a dicey consulting shop once you've got your EAD and AC21 is in play.
Also, I believe the AC21 "same or similar job" constraint is more flexible than you're thinking. As long as you stay within the same o*net category (e.g., programmer or systems analyst or whatever), you should be fine. USCIS doesn't care whether you're a java programmer or a .net programmer. (But I am not a lawyer, you may want to clear any potential new job with a qualified attorney).
Also, I believe the AC21 "same or similar job" constraint is more flexible than you're thinking. As long as you stay within the same o*net category (e.g., programmer or systems analyst or whatever), you should be fine. USCIS doesn't care whether you're a java programmer or a .net programmer. (But I am not a lawyer, you may want to clear any potential new job with a qualified attorney).
more...
kvranand
08-18 04:19 PM
This process will extended the life of H1's by another 3 years for those who are in their 6th year of H1 with priority dates in their 6th year. :)
crsna
12-21 09:26 AM
Hello, I live in Indianapolis and i would like to be a part of the Indiana Group. Please count me in whenever you are meeting
more...
surya.kant
06-19 01:16 PM
Hi,
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
martinvisalaw
06-26 05:18 PM
My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...
Even though you entered using AP, you might be able to extend your nonimmigrant status. As the prior answer says, this is not necessary but many employees like to have it in case the AOS is denied for any reason.
It is also useful because if your EAD expires and you have not received a new one, you cannot work even if a new application is pending. On the other hand, if your H-1B (for example) has expired but the company timely filed an extension, you can keep working while the extension is pending.
Even though you entered using AP, you might be able to extend your nonimmigrant status. As the prior answer says, this is not necessary but many employees like to have it in case the AOS is denied for any reason.
It is also useful because if your EAD expires and you have not received a new one, you cannot work even if a new application is pending. On the other hand, if your H-1B (for example) has expired but the company timely filed an extension, you can keep working while the extension is pending.
more...
dilvahabilyeha
08-09 01:53 PM
Hi All,
Now there are 3 possibilities for "alien receipt number" that is supposed
to be written behind my photos to be included with I-485:
-1- the filed i-140 receipt number
-2- a number that appears in i-140 approved letter
-3- the A# from my F1-OPT-EAD (this is called "alien registration number for sure")
Any more clarifications on which one of the above three is actually "alien receipt number"?
Thank you so much!
Mtsaha
:) I wonder if you have all of them different. if I am filing myself I'll use the latest one. but I have a lawyer, I'll ask her to decide, that's what I am paying her rt. What about you?
Now there are 3 possibilities for "alien receipt number" that is supposed
to be written behind my photos to be included with I-485:
-1- the filed i-140 receipt number
-2- a number that appears in i-140 approved letter
-3- the A# from my F1-OPT-EAD (this is called "alien registration number for sure")
Any more clarifications on which one of the above three is actually "alien receipt number"?
Thank you so much!
Mtsaha
:) I wonder if you have all of them different. if I am filing myself I'll use the latest one. but I have a lawyer, I'll ask her to decide, that's what I am paying her rt. What about you?
HRPRO
02-10 09:29 AM
Dude Really?
LA and Bay Area in the same county?
LA and Bay Area in the same county?
more...
morchu
05-02 08:56 PM
It looks like I replied you sometime back.
Your best bet is to file another premium H1B showing all the background and your second I-140. Also attach a clear letter quoting the specific sections of immigration act. Time is critical here, and I am not sure how long the MTR for an H1 will take.
Hi Attorney,Senior People, Gurus,
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good
Your best bet is to file another premium H1B showing all the background and your second I-140. Also attach a clear letter quoting the specific sections of immigration act. Time is critical here, and I am not sure how long the MTR for an H1 will take.
Hi Attorney,Senior People, Gurus,
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good
sunshine2007
08-27 04:57 PM
Sad to see this friend. I dont think it affects principal candidate's processing but dependant's processing may be in trouble.
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
more...
dummgelauft
09-11 08:36 AM
Thanks dummgelauft
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
just make sure that you allow sufficient time for you h1b processing. these can take upto 120 days.
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
just make sure that you allow sufficient time for you h1b processing. these can take upto 120 days.
poorslumdog
10-12 12:26 PM
Hi Guys,
I understand that there are antis here...but it doesnt mean that everyone is anti and even real issue needs to be avoided. Ron hira and Simple1 just became paraniod. I would appreciate if anyone has any proper info...
I understand that there are antis here...but it doesnt mean that everyone is anti and even real issue needs to be avoided. Ron hira and Simple1 just became paraniod. I would appreciate if anyone has any proper info...
more...
insbaby
08-15 08:21 AM
How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.
Because 2006 is CURRENT.
You probably have to wait for your YEAR to become CURRENT.
Because 2006 is CURRENT.
You probably have to wait for your YEAR to become CURRENT.
PresidentO
02-07 12:37 PM
Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?
Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.
Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.
more...
sb724
07-31 04:14 PM
Hi All,
I am also in same situation.
No reply either from employer or attorney.
Calling them , sending emails but no response, getting frustation.
Last mondy employer told that my case get submit before last Friday.
But still now no confirmation from them that whether they filed or not?
Do not understanding how to deal this.
Please advise me.
I am also in same situation.
No reply either from employer or attorney.
Calling them , sending emails but no response, getting frustation.
Last mondy employer told that my case get submit before last Friday.
But still now no confirmation from them that whether they filed or not?
Do not understanding how to deal this.
Please advise me.
satishtr
04-23 09:29 AM
Passage of Immigration reform in the senate was not at all a problem, they have passed it more then once before. It is the house that rejected all of them. No wonder pelosi dosn't want any of it :), but again she is a strong women who passed health care reform... There is more probablity of this thing going through if the house passed the resolution first, just like the other legislation.
abhijitp
07-25 01:54 PM
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
I would file a separate I-485 and I-140 for this other LC. Experts, what say?
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
I would file a separate I-485 and I-140 for this other LC. Experts, what say?
alterego
11-02 03:42 PM
Dear President Elect _______
Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.
As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.
I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.
Respectfully,
Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.
As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.
I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.
Respectfully,
immi_enthu
06-04 09:40 AM
Hello,
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
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