Friday, July 1, 2011

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  • Blog Feeds
    09-09 07:30 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.

    What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.

    In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf





    More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)





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  • intelarv
    07-29 06:16 PM
    Thnx...





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  • rajsenthil
    05-22 11:38 AM
    I too got the soft lud's on May 21 for all of my 485. There is no change in the current status. Could that be FPs are sent or just a regular batch update? I don't know.





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  • NELLAIKUMAR
    08-22 02:14 PM
    I thought carrying the old US passport along with the new US passport and PIO card would be sufficient. Anyone else with the same understanding????



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  • new_phd
    04-14 02:40 PM
    Congrats IKapildev! This has got to be one of the speediest approvals!! Great start to the new year for u!!
    All the best!





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  • oliTwist
    12-12 05:24 PM
    There was another thread on this change.gov already and we posted some of our stories in there. This I think will work and can be done by all sceptics here.There is no harm in writing abt your story and get their attention to our plight.



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  • miaj
    01-30 11:20 AM
    please sign the petition to resolve 212(a)(3)(B) issue @
    Please Fix the Material Support Bar - 212(a)(3)(B) | | (http://www..com/2/2819/please-fix-matrial-support-bar-212-3-b/)
    Thank you





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  • sodh
    07-27 05:54 PM
    If I'am not wrong the interview will be in whichever state you are.



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  • lvinaykumar
    04-11 05:25 PM
    if that is true. then some ppl i know are in trouble. Where did you find this information....





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  • eadguru
    10-04 11:34 AM
    My self and my wife both are on H1B. Both are working for different companies.

    I filled I 485, EAD and AP through my company, for my self and my wife.

    Questions:
    1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

    2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.

    Your help will be really appreciated. :)

    EadGuru



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  • grupak
    07-02 10:19 AM
    Do I have give all I-94s cards on departure from US or only the one attached to the passport? Of course all are having the same number.

    Thanks in advance for your replies.

    I made copies, clipped them together and handed to the airline agent. Unlike in the past, airline agents are more aware of and careful about the immigration documents.





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  • WeShallOvercome
    07-23 03:53 PM
    Gurus,

    My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.

    Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?

    Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?

    The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"

    Any one?



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  • wandmaker
    11-27 01:25 PM
    fionaapple20: Safest and clean route is to find an another employer and transfer H1B. Make sure your current employer does not revoke your 140, in case if its not approved. Additionally, it is highly recommended to invoke AC21 after your 140 is approved and 180 days passed.





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  • dealsboy
    08-19 01:38 PM
    Based on the knowledge I have.

    1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?

    If it is a profit based company then you are no more cap exempt. You have to file a new H1B asap.

    2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?

    They have to file a new H1B for you.

    3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application

    GC is for future employment. When they apply for Prevailing wage they have to apply based on your 2011 position (Hospitalist/Teaching Hospitalist/ Primary care doctor). They can file your GC now.



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  • jase21
    01-12 04:06 AM
    Ok. Thanks.





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  • beautifulMind
    04-22 01:50 PM
    PERM prewailing wage determination EB2

    Position 15-1034

    My university is applying for a new perm application for eb2. I work for a university

    Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem

    Is thisgoing to be ok ?



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  • superdesi
    09-15 04:00 PM
    From my understanding the I-140 acceptance criteria for EB2 through labor certification, EB2 through NIW, and EB1 are completely different. You may have to redo the entire application process for EB-1(recommendations etc).





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  • awi_ok
    02-19 09:19 AM
    Hello,

    The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.

    Hope this helps.

    Thank you so much for the response.

    T.





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  • kumaabh
    01-12 06:35 PM
    Gurus,
    Please advice. THis is urgent. Here is my situation.

    I worked for a very big technology company. My PERM is approved EB2 PD 03/07, I-140 approved, 485 pending since July2007. I have an EAD card that is valid until 07/2010. It was my company's policy to renew H1B even if I have an EAD card. An extension was applied in September 2008 for my H1B that expired on November 30,2008. Unfortunately, USCIS denied it in error because they said the filing fee was not correct. This was done in error by USCIS and the attorney hired by my company replied to me on December 30h saying that it will be corrected by them. Now on January 08th, 2009 after the H1B denial, my company informed me that i was being laid off with severence pay until April of 2009. Also, the HR person told me that they wont revoke I-140.
    What are my options now?
    Can i transfer H1B to a new company as i dont want to use my EAD and continue on H1B. If yes, how much time do i have?
    Please please help. I am very tensed.





    xbohdpukc
    08-05 11:31 AM
    as long as both PDs are current they will start to process an application with the earliest RD first.





    cbadari99
    11-11 09:56 PM
    3.5 cm x 3.5 cm is the specified size that I found in CGI Houston website



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  • Raj Iyer
    09-13 01:02 PM
    My advice would be not to work.





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  • PD_Dec2002
    03-07 12:42 AM
    Hi,

    Have a question on EAD/H1b. I am joining a new company using AC21 and EAD. Lets say after few months if INS denies my GC application then will I be able to transfer my h1b. Basically I got the info that I can re-capture my unused period of H1b out of 6 years. Is that true ?

    Thanks.

    I don't know if the following information is applicable if the GC is denied.

    Last year, my friend started working on an EAD (after his H-1B visa expired). Unfortunately, he did not get his renewal EAD in hand before the expiry of the current EAD, so the lawyer submitted a H-1B petition to use the unused portion (India vacations for him, but basically any time when you were outside the US) from his old H-1B so my friend could continue working. If I remember well, it was applied under Premium Processing, but I know for sure that it definitely came through. But so did his EAD card...on the day his current EAD expired.

    Again, I want to reiterate that I don't know how the above scenario plays out if the GC is denied, so do check with a lawyer.

    Regards,
    Jayant





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  • sdrblr
    10-21 11:59 AM
    They dont as long as they stay with in the airport and have connecting flight the same day





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  • vhd999
    05-22 11:51 AM
    Last time I have showed one copy. They have asked for the second one which I did not take with me.

    The POE officer said that USCIS normally sends two copies one for the applicant and one for POE to retain as a proof of entry.

    They also said it is ok if we don't take the second one with us.

    They just took a copy of the first one and kept it for their records.



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  • rameshms
    10-24 02:33 PM
    The RFE was for biographic information of the passport (basically a photo identity matching the name). It appears that my lawyer may have missed sending separate copies of it for each application (485/765/131). Anyway I sent color copies of the passport pages as well as driver license. The status for the application changed to "Response to request for evidence received on 10/09/2007 and processing resumed".

    As far as your FP notices, I have read that others have been able to get the notices after calling the Service Center customer service. You might want to consider that.

    Ramesh

    can u share pl.





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  • jvs
    05-06 02:09 AM
    You need to be present in US at time of applying for the extension and when its approved. Said that in your case I think it would be fine to start H1B extension process after you are back. May be to be safe you can try doing it premium(if company is ready to spend extra money) as it gets done usually in less than a month.



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  • GCHope2011
    02-02 02:59 PM
    Nothing stops you from having a religious marraige.

    You will anyways need a marraige certificate from the civil authorities to prove marriage, even if you hold a religious marraige.





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  • kondur_007
    12-07 09:51 PM
    Search this site for "AC 21" and you will get the detailed answer. :)
    Good Luck.



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  • saps
    01-02 03:43 AM
    Can Gurus please help me with this:

    Where do I mail out the packets for EAD and AP renewal (paper extensions)? Can you please tell me whether the packet should be mailed to a service center where previous EAD and AP were approved or whether it depends on the state I live in?
    Please note, my original EAD, AP and I-485 were sent to NSC which were transferred to TSC internally (by USCIS) and now my I-485 is pending in TSC.

    Any help is appreciated.
    Thanks





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  • miguy
    06-15 12:17 PM
    anyone??



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  • vedicman
    07-09 01:25 PM
    These costs are unavoidable. Just make sure that you go the uscis designated civil surgeon.
    Call all of them that are close to you and ask the price.......





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  • jk999
    02-17 05:52 PM
    It is 90 days without employment on OPT. 10 days of unemployment between two jobs does not count towards the limit. You can also work part-time (20 hrs/week) or as a volunteer to stop the counter.

    I recommend contacting your international department for details. They should be able to guide you depending on how useful/active they are!



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  • silverstone
    06-13 10:47 PM
    Hi

    My PD is Dec 2004 EB2 for a future jon offer. I won't be able to start the job until July 2008 as I am still completing my fellowship. I have read somewhere in the past that I can file I485 for this future job as the dates have now become current. Can anyone confirm this and any idea what is the general recommendation for the duration that I have to stay with this employer once I start the job.





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    06-21 05:10 PM
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  • Steve Mitchell
    November 28th, 2003, 05:48 PM
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  • DDD
    08-17 12:39 PM
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  • vkotval
    04-03 01:34 PM
    I think you should be fine. Apart from this scenario on the other extreme you could start working for the new company with just the receipt number as well. You dont need to wait for the approval to start working for the new company.
    Hello All,

    I am planning to start working for a new company starting June. I was wondering If I can start H1B visa transfer to the new company via premium processing(hopefully will get approved in 2-3 weeks) and continue to work for the current employer and get paid till the end of May, even the though the transfer would have been approved in the end of April.

    Thanks in advance.

    - Googlegc





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  • spdy_mn
    06-14 02:45 PM
    Since there is a mad rush of i485 applications , USCIS is going to do lottery to select applications for approval.Rest of them will be rejected.


    What's the source. If you are trying to pull a prank, then let me the first one to tell you that it is N-O-T-F-U-N-N-Y





    SunnySide
    04-03 04:22 PM
    Recently my I-140 petition for EB2 was denied on educational grounds . The employer opened an MTR/appeal.

    Is it possible to re-file the I-140 petition in EB3 using the same labor certification, while the first I-140 is pending appeal at AAO.





    newbie2020
    04-28 09:43 AM
    Here are few pending immigration bills which have a higher chances of passing in both house and senate. I was looking at some of the bills and noticed when a bill (or a varient )is introduced in both houses simultaneously the chances of that bill passing are higher.

    This may be a good idea for us to try pushing some of the EB related measures if we can
    into these bills. I know someone may say Hey these are family related bills But remember how they add the immigration, healthcare, veteran measures into budget or appropriation bills.....similarly we can try.

    1 . Uniting American Families Act of 2009 (Introduced in Senate)[S.424.IS]
    2 . Uniting American Families Act of 2009 (Introduced in House)[H.R.1024.IH]

    This bill and varient were introduced in both house and senate. Note: It touches the

    SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES This is one item we always talk about removing the country limits......

    The other bills in progress are

    3 . Immigration Fraud Prevention Act of 2009 (Introduced in House)[H.R.1992.IH]
    4 . Immigration Fraud Prevention Act of 2009 (Introduced in Senate)[S.577.IS]

    5 . To amend the Immigration and Nationality Act to exempt surviving spouses of United States citizens from the numerical limitations described in section 201 of such Act. (Introduced in Senate)[S.815.IS]
    6 . To amend the Immigration and Nationality Act to provide for relief to surviving spouses and children. (Introduced in House)[H.R.1870.IH]

    Any thoughts.....



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