smartboy75
07-17 07:25 PM
Hi All
As the dates become current, I see a lot of people asking the same questions again and again....why can't people do a little search on the forumn before posting repeated questions already asked before ..For eg: Filling i-485 and presence in US or filling without the help of lawyers....
I mean come on guys..we call ourselves highly skilled labours and don't even have the skill to find out answers to common questions by searching the forumns???? I am really begining to doubt the IQ of some cause if not how do u explain it...
DON'T GET ME WRONG....ACT SMART
As the dates become current, I see a lot of people asking the same questions again and again....why can't people do a little search on the forumn before posting repeated questions already asked before ..For eg: Filling i-485 and presence in US or filling without the help of lawyers....
I mean come on guys..we call ourselves highly skilled labours and don't even have the skill to find out answers to common questions by searching the forumns???? I am really begining to doubt the IQ of some cause if not how do u explain it...
DON'T GET ME WRONG....ACT SMART
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sayantan76
12-09 09:14 PM
We did send lot of requests (letters) to Senate/House reps to include recapture and legal kids into dream act. But of no use. I think its simply waste of doing such campaigns.
i am not an expert on how campaigns should be run on Capitol Hill but was meeting some highly successful senior lobbyists today (on a completely different topic) and got a chance to take a close look at how they influence legislative activity and direction.......the big lesson i learnt is that while it is important to present a macro picture to lawmakers (how legal immigration is beneficial to US economy etc etc) - what often makes the difference between an actual favorable vote and a mere sympathetic reaction is whether we can demonstrate the positive impact of the legislative vote on each lawmaker's specific reelection probability and popularity in their district:
1. showing benefit to their particular constituents (e.g your district has XX legal immigrants who constitute XX% of the tax base and if they got GCs - say, 10% would start companies in their communities and create say, 1000 new jobs within 2 years)
2. localized polling results (e.g. XX% of your voters support timely GCs to legal immigrants)
i am not an expert on how campaigns should be run on Capitol Hill but was meeting some highly successful senior lobbyists today (on a completely different topic) and got a chance to take a close look at how they influence legislative activity and direction.......the big lesson i learnt is that while it is important to present a macro picture to lawmakers (how legal immigration is beneficial to US economy etc etc) - what often makes the difference between an actual favorable vote and a mere sympathetic reaction is whether we can demonstrate the positive impact of the legislative vote on each lawmaker's specific reelection probability and popularity in their district:
1. showing benefit to their particular constituents (e.g your district has XX legal immigrants who constitute XX% of the tax base and if they got GCs - say, 10% would start companies in their communities and create say, 1000 new jobs within 2 years)
2. localized polling results (e.g. XX% of your voters support timely GCs to legal immigrants)
tabletpc
08-23 02:53 PM
Based on the information you know about immigration and discsion u have been having with frinds ,attorneys, websites..etc. What do you think about the probability of I-140 premium starting date...!!!
I guess 485 getting current does not help much without getting i-140 approved.
I guess 485 getting current does not help much without getting i-140 approved.
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dallasmbs
07-17 05:40 PM
USCIS Announces Revised Processing Procedures for
Adjustment of Status Applications
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).
From Greg Siskind
Adjustment of Status Applications
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).
From Greg Siskind
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amsgc
08-22 10:05 PM
You had some numbers there, are they not good anymore?
Msg deleted
Msg deleted
dealsnet
04-06 02:11 PM
You can see many denials for 3 year degree people in various forums including IV.
I have one copy of the denial of my friend in hand. (AAO appeal in progress)
It is 3+1+2=6, still they denied for EB2.
Before 3 year degree people go with some notorious evaluators (you know who) and get evaluated with professor letter (pay $500 to $1000). What they will do is 'find and replace' option in microsoft word file template to change the candidates name and issue a 200 page opinion letter. (all candidates will get same letter, only change in name and university).
Now this is not flying with USCIS.
So we can see increase in the denials.
Could you please share source/link for your assertion?
.
I have one copy of the denial of my friend in hand. (AAO appeal in progress)
It is 3+1+2=6, still they denied for EB2.
Before 3 year degree people go with some notorious evaluators (you know who) and get evaluated with professor letter (pay $500 to $1000). What they will do is 'find and replace' option in microsoft word file template to change the candidates name and issue a 200 page opinion letter. (all candidates will get same letter, only change in name and university).
Now this is not flying with USCIS.
So we can see increase in the denials.
Could you please share source/link for your assertion?
.
more...
desi3933
07-09 08:06 AM
LCA at 485 level should not be considered and that could be the reason u never heard of one .....
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
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yabadaba
02-28 01:48 PM
nozerd,
The IB system is offered by many charter schools. These schools are public schools but have been set up through a charter agreed to by the parents. They are public schools managed by parents. You do not have to pay anything for your child to attend one of these (At least in the great state of GA, u dont).
The IB website indicated schools like Jamnabai Narsee in Bombay also offer the IB program.
The IB system is offered by many charter schools. These schools are public schools but have been set up through a charter agreed to by the parents. They are public schools managed by parents. You do not have to pay anything for your child to attend one of these (At least in the great state of GA, u dont).
The IB website indicated schools like Jamnabai Narsee in Bombay also offer the IB program.
more...
thomachan72
03-28 01:51 PM
Portions of DREAM bill introduced in both houses say that children of ilegal immigrants will be allowed pathway to citizenship if;
Have arrived here at the age of 15 or under;
Have lived in the U.S. for at least 5 years;
Graduate from high school;
Serve in the military or attend college for at least two years; and
Have good moral character.
Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.
Have arrived here at the age of 15 or under;
Have lived in the U.S. for at least 5 years;
Graduate from high school;
Serve in the military or attend college for at least two years; and
Have good moral character.
Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.
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whoever
12-13 12:33 PM
Try next time asking a question with all details so you are not misunderstood. It does not seem to me anyone is trying to scare you. What would they get anyway by scaring.
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psaxena
06-25 06:44 PM
......................
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summitpointe
02-29 08:07 AM
If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.
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simple1
10-07 04:03 PM
you can be legally self employed/direct-contractor/consultant (fulltime, same or similar with earnings >= the one in perm) in EAD after Ac21.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
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kondur_007
12-07 03:39 PM
Consular processing itself will happen when date is currentl. However, there is a form that your friend can fill out (which basically moves I 140 from USCIS to another agency which I think is called National visa/benefit center, which in turn sends it to consular post once the date is current.
In other words, your friend will have to get out of 485 line and ask for I 140 to be put in another line (for consular processing) and wait for PD to become current.
During this entire time, the prospective employer should have empty position for the candidate and good faith intention to hire him permanently once he gets is GC. Also, they may send RFE to employer to explain how will he manage for next several years before your friend can join the firm. As long as prospective employer answers all these to their satisfaction, your friend can still get his GC once his PD becomes current (via consular processing).
In other words, your friend will have to get out of 485 line and ask for I 140 to be put in another line (for consular processing) and wait for PD to become current.
During this entire time, the prospective employer should have empty position for the candidate and good faith intention to hire him permanently once he gets is GC. Also, they may send RFE to employer to explain how will he manage for next several years before your friend can join the firm. As long as prospective employer answers all these to their satisfaction, your friend can still get his GC once his PD becomes current (via consular processing).
more...
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linuxra
09-28 07:54 PM
Before i present my RFE I will explaing My GC:
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
immigration forms by phone at 1-800-870-3676.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
immigration forms by phone at 1-800-870-3676.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
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istrategist
03-25 10:13 AM
Thanks h1bworker! I had a call with their immigration lawyers
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
more...
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teky
11-12 05:30 PM
Give atleast 1-2 months for booking the appointment. It was a harrowing experience getting an appointment to the point where my fingers were aching. Also add in time for the Canada visa. We went to Canada consulate in DC for the Visa.
Regards,
Teky.
Regards,
Teky.
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rani77
02-06 12:03 PM
Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.
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swarnapuri
06-05 03:52 PM
laborfd/svdcpa,
People at the following forum are tracking the approvals on an Excel sheet with comprehensive graphs and metrics. Also, Please post your details in the forum for the benefit of the community.
http://www.immigrationportal.com/showthread.php?t=161571&page=227&pp=15
Thanks!
People at the following forum are tracking the approvals on an Excel sheet with comprehensive graphs and metrics. Also, Please post your details in the forum for the benefit of the community.
http://www.immigrationportal.com/showthread.php?t=161571&page=227&pp=15
Thanks!
mjdup
12-14 10:08 PM
I don't know how many people will that invitation allow for the meeting? I can join and we can present some things to the congressman. Please PM me and we can touch base.
thanks,
thanks,
EB3_SEP04
06-30 10:10 AM
Last year it went to california center because of the large no. of applications due to july visa bulletin. You should file to Texas service center because you are in NJ (please read the instructions to verify).
Chantu, you did not understand my question. My question is not about where i should file NOW, but it's about where i filed LAST YEAR. it's about Question # 11.
Chantu, you did not understand my question. My question is not about where i should file NOW, but it's about where i filed LAST YEAR. it's about Question # 11.
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