kevinkris
09-23 02:33 PM
I think they touched our cases but i think they cannot give any result as there are no visa numbers left..
Lets hope for the best in last 6 working days !!!
Lets hope for the best in last 6 working days !!!
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srinivas72
02-03 09:53 AM
Some please respond about my status...
JunRN
09-25 12:48 PM
Consult another lawyer, a reputable one.
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snathan
02-17 11:28 PM
You are in H-1 status now as you applied for COS from H4 to H-1. So I am not sure if going for H4 stamping is still an option for you. I will let others weighin on this one.
Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1
I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.
So check with attorney.
Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1
I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.
So check with attorney.
more...
rangaswamy
02-26 07:17 PM
She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.
I think F1 has more advantages unless you have 485 filed (in which case i dont know what happens!)
As an F1 student, you can work on campus, this will ensure an SSN/credit history etc etc.
Most important, she can accept scholarship and internship offers through the course.
The path to getting a h1b visa becomes easier as the masters students have a separate quota and also one year OPT.
I think tution waiver will only apply if she has been independent in the last 365 days which she is not if she is on h4 visa.
Also, some senior members informed me that you can change from H4 to F1 by applying for I 539, which the school would assist you in doing. In this case i think stamping is not necessary unless you leave the country.
DISCLAIMER: all of the above information is based on other posts and some articles outside IV.
I think F1 has more advantages unless you have 485 filed (in which case i dont know what happens!)
As an F1 student, you can work on campus, this will ensure an SSN/credit history etc etc.
Most important, she can accept scholarship and internship offers through the course.
The path to getting a h1b visa becomes easier as the masters students have a separate quota and also one year OPT.
I think tution waiver will only apply if she has been independent in the last 365 days which she is not if she is on h4 visa.
Also, some senior members informed me that you can change from H4 to F1 by applying for I 539, which the school would assist you in doing. In this case i think stamping is not necessary unless you leave the country.
DISCLAIMER: all of the above information is based on other posts and some articles outside IV.
psaxena
06-03 06:00 PM
Nothing gonna happen, USCIS will come to know that you are jobless and you will be deported the next day..
Why the heck dun you hire a lawyer or just get a 30 min consultation from any lawyer.
Stop these fake ID...I know who the hell are you. and You know me very well.
Hi All,
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
Why the heck dun you hire a lawyer or just get a 30 min consultation from any lawyer.
Stop these fake ID...I know who the hell are you. and You know me very well.
Hi All,
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
more...
Wendyzhu77
02-11 10:26 AM
What do you mean "that is easily offset by EB-CP "?
You should know, Family Based immigration is really the backbone of immigration in current systems, much more people get FB than EB. Also, Employment through CP is really an anormalty in EB, since EB basically requires you to be physically present in this country, so almost bars the possibility of CP. Yes, it is leagal, but not really practical. So, the number of people seeking FB 485 is way much larger than number of people seeking 485 CP.
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Decemb er07.pdf
I know it includes FB application but that is easily offset by EB-CP also seeking visa numbers.
So the wait time is really very long for July 2007 filers with later PD.
You should know, Family Based immigration is really the backbone of immigration in current systems, much more people get FB than EB. Also, Employment through CP is really an anormalty in EB, since EB basically requires you to be physically present in this country, so almost bars the possibility of CP. Yes, it is leagal, but not really practical. So, the number of people seeking FB 485 is way much larger than number of people seeking 485 CP.
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Decemb er07.pdf
I know it includes FB application but that is easily offset by EB-CP also seeking visa numbers.
So the wait time is really very long for July 2007 filers with later PD.
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nogcyet
10-30 04:07 PM
My FP was done on 09/21 and there is no LUD neither on my I-140 nor I-485 which is pending. Concurrently filed both I-140 and I-485 on July 2nd.
more...
kishdam
10-18 05:08 PM
My employer is not giving me copy of Labour certificate. I know all numbers. Do I need a copy of AC21
I'm not an expert but thru these forums got the understanding that you dont need a copy of labor cert (if you have its even better). Most employers dont share that anyway - except maybe the desi consulting companies (we may not like them but sometimes for GC purposes I feel that they are ideal companies - atleast they understand what we are talking about).
Regarding I140 - I am not sure but saw conficting opinions - some thought its OK even without a copy of this one too but some suggested its better to get one. In any case having the case numbers would help I guess.
Is I485 receipt may be needed.
I'm not an expert but thru these forums got the understanding that you dont need a copy of labor cert (if you have its even better). Most employers dont share that anyway - except maybe the desi consulting companies (we may not like them but sometimes for GC purposes I feel that they are ideal companies - atleast they understand what we are talking about).
Regarding I140 - I am not sure but saw conficting opinions - some thought its OK even without a copy of this one too but some suggested its better to get one. In any case having the case numbers would help I guess.
Is I485 receipt may be needed.
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authrd
07-26 02:09 PM
If they don't specifically ask for all previous I-94 and I-797 to prove lawful presence since first entry, then it's alright I suppose.
more...
boreal
08-24 12:29 AM
Hi, I have 3 yrs exp. as a software engineer. I have a master's degree . In order to be qualified for EB2, which is better to be put on the job ad, BS+5 or MS+2? Based on my understanding:
BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?
MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.
Could you please give me advice on this? I really appreciate that.
Thanks.
Job requirement should not be tailored according to the qualifications of the individual. They should reflect the true nature of the job. Please dont ask such questions here and bring this forum to a disrepute.
BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?
MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.
Could you please give me advice on this? I really appreciate that.
Thanks.
Job requirement should not be tailored according to the qualifications of the individual. They should reflect the true nature of the job. Please dont ask such questions here and bring this forum to a disrepute.
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Blog Feeds
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)
more...
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Berkeleybee
03-27 02:36 PM
Our Hard Quota Memo (in our Resources section) is now posted on the widely read Bender's Immigration Bulletin http://bibdaily.com/index.cgi
Before we created this memo, this fact was not widely known and we are doing our best to get the word out.
best,
Berkeleybee
Before we created this memo, this fact was not widely known and we are doing our best to get the word out.
best,
Berkeleybee
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Charles H. Kuck
12-16 02:16 PM
File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.
Best regards,
Charles
Best regards,
Charles
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va_labor2002
10-25 09:25 AM
Yeah! You are right. I will post one too.
I posted my comment about legal High Skilled immigration.
See my comment #263
I posted my comment about legal High Skilled immigration.
See my comment #263
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smuggymba
05-31 07:25 PM
I am going to apply for a position in Oracle but do not know if it files green card or not. I am reluctant to ask this in the interview.(They may prefer somebody who does not need it) . Also I wonder if there is any wait time for them to file the green card after joining. I posted this because I think some of you might be working for Oracle and might be knowing. Anybody knows the answer , please reply here or send me a private message.
Yes, they do. The timeline after which they file is 1 yr but clarify this after all ur 3 rounds are done with the HR. This is something u can discuss at the end after u have the offer letter in hand.
Yes, they do. The timeline after which they file is 1 yr but clarify this after all ur 3 rounds are done with the HR. This is something u can discuss at the end after u have the offer letter in hand.
more...
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thomachan72
09-14 06:33 AM
Realistically I feel we (i.e. High Skilled Immigrant community) what the Jews went through during WWII at the hands of the Nazis.
Cornered from ALL sides.
Helpless.
Discriminated against (due to our skills and since we are willing to work like dogs, good deal for US employers)
About to be driven out of this country. (H1 expires shortly and no sign of EAD or GC)
And finally about to be MASSACRED. (at the hands of the Obama's of this world)
US is no longer attractive to top immigrant talent that actually made USA what it is today.
Come on peshwa sir, don't blame "top immigrant talent" for what USA is today:D:D:D
Cornered from ALL sides.
Helpless.
Discriminated against (due to our skills and since we are willing to work like dogs, good deal for US employers)
About to be driven out of this country. (H1 expires shortly and no sign of EAD or GC)
And finally about to be MASSACRED. (at the hands of the Obama's of this world)
US is no longer attractive to top immigrant talent that actually made USA what it is today.
Come on peshwa sir, don't blame "top immigrant talent" for what USA is today:D:D:D
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getgc2008
03-05 10:50 PM
Thanks folks. So my present employer will never know when I change lawyers. If I get any RFE's also within the next 3 to 4 months , it will go to the new lawyer.
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pappu
04-09 12:05 PM
Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
Congrats.
You are one of the oldest member. Glad you finally made it before EB3 became unavailable.
I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
Congrats.
You are one of the oldest member. Glad you finally made it before EB3 became unavailable.
msandhu
01-08 05:12 PM
I have traveled twice on same AP since in last 9 months. Once to canada and the other time to India. The immigration office does not look at anything other than your AP and passport. The most they will ask is what do u do and who applied for your green card.
You do not need to worry about anything and can travel freely.
Cheers
MSandhu
You do not need to worry about anything and can travel freely.
Cheers
MSandhu
GCA
07-12 12:25 PM
Barking dogs seldom bite. He is just another Lou Dobbs Please ignore him. There is no way he can change the right to cictizenship for children born in the USA. It is next to impossible since it is a part of the constitution. It is very difficult to change something that is linked to the constitution. So, ignore this "BARKING DOG."
Just on the lighter side...
Definitely not when biting!!!..
So, a barking dog will still bite, but it stops barking just b4 that..:). So the old adage still holds good..
Just on the lighter side...
Definitely not when biting!!!..
So, a barking dog will still bite, but it stops barking just b4 that..:). So the old adage still holds good..
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