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  • srkamath
    07-16 09:09 AM
    IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.

    If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.





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  • kurtz_wolfgang
    08-15 01:30 PM
    Probably because Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC and people are getting ahead of some one who are there in line for 6-8 years.\

    I am NOT the one who gave you red. I never give anyone red even if i don't like the post..

    I will just give you my "green"

    Thanks SKD.....I appreciate your green.

    Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC.
    >> I agree with that, but it was not intended. Actually when I applied for substitute labor, I didnt know what was the importance of GC. I applied within 15 days, of my arrival in usa, since my employer asked me to (for financial purpose). I woe the day I signed the papers. My life has been (worse than hell) at the mercy of my employer. I came here temporary, thinking will enjoy life here in USA for a few years. You don't have such issues in Europe.





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  • saimrathi
    07-03 11:41 AM
    Dont tell me you never take vacation ;-) If that is true, I will hire you.

    Please hire me.. since you are all set yourself... Lets be practical.. I think contacting the media should be your top priority.. I have done it already, why dont u use your precious time there...





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  • anilsal
    08-03 12:49 AM
    Very well said. We need legislation and for that to happen, grass roots efforts from IV to end this retrogression.

    Now get back to becoming a contributing member plus supporting IV efforts by opening/joining your state chapter and meeting local law makers.



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  • kris04
    11-25 08:06 PM
    Hello,

    I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.

    Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.

    My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
    Will this trigger an RFE?

    Please advise.

    This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.


    Good Luck

    HTH

    kris





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  • vinnysuru
    08-31 10:11 AM
    Hi Guys, After I read the murthy bulletin article on EAD's I was glad to see a possibility for applying for interim EAD after 75 days. But since then I have done a lot more research and couldn't find anything related to this anywhere. I live in Wisconsin and the only way we can get help from Milwaukee field office is by going through infopass online to set up an appointment. And it still mentions that if it has been past 90 days then you can request an interim EAD. I would really like to see some more info on the 75 day recommendation. Also, does anybody know what all you need to take with you to get interim EAD.

    Do you need original receipt notices or will copies do? I am sure you need a photo id!! What else? Thanks



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  • gg_ny
    08-30 11:54 AM
    qualified_trash is correct: call your lawyer and discuss with him or her.

    The point to note is this: When you apply for extension, you send your current i-94 copy. After sending the application in, when you travel, you get new i-94 and a new stamp in your passport. After you come back, you get your extension approved. Say you go to get your visa stamped based on your extension approval: if the consular is an astute observer, the fact that you travelled while your petition is pending will become obvious, which may lead to problems. USCIS assumes that you would not be travelling but doesn't USUALLY pause to check it with you. That is the job for the consulars who give you the stamp or those at the port of entry. Most probably, you might be asked to give copies of all the past i-94. In the case of ASHISMAITY it would be interesting to know whether that person got the stamp updated. Of course, the answer is going to add to your confusion unless you ask your lawyer.





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  • admesystems
    01-10 07:15 PM
    I485 through Marriage pending for NC.
    I was out of status more than a year when I got married.

    Can I apply for advance parole?

    Does anyone know anything about it?



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  • saibaba
    03-31 02:21 PM
    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?





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  • gjoe
    03-10 06:15 AM
    Some of you have been receiving the USCIS response about your FOIA request.

    (3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)

    Thanks,
    XXXXX

    Category, Country of Birth/Nationality should not be optional because this is a very important data which DOS has been using in their killer app to come up with the VISA bulletine every month. This is something they should provide along with the other data you have requested. If officially DHS don't have this information then DOS has to answer an FOIA request to clarify on how they arrive at the magic number in the visa bulletine.



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  • LCtank
    05-19 01:53 AM
    To be honest I don't like the title, but it's good to have our voices heard loudly, anyway.





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  • martinvisalaw
    03-17 11:50 AM
    1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved? No, not legally. You cannot base the 485 on a job offer that no longer exists. If there is a chance that Co. A will rehire you in the same position, and they will provide a letter saying that, you could file. However, there really must be an intention to be in that position when the 485 is approved or you are committing fraud.

    2. What are the documents needed from employer A, if I want apply I-485?
    See previous answer.

    3. All my friends telling me, I can apply I-485, Is it true?
    See previous answer.



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  • sdrblr
    09-21 10:41 AM
    Quick question... Do you know why your H1 extension was rejected(denied). If the reason is client letter, why and how do you think it will be approved with a new company when they will have to get the same letter from the same client. How different will be your situation.

    If the reason is not for client letter, then ignore the above question.


    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble





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  • kartikiran
    07-31 02:12 PM
    u guyz r funny.
    :)
    Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
    http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
    They will have to put just one warning.
    "Beware: Once you start the ride....
    Only luckiest of you will be able to get out safely.
    Most of you will be on this ride which has an endless loop.
    Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.

    And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
    "



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  • mbartosik
    03-28 01:29 PM
    until today my I485 was 60 days outside the processing times.
    Now it is not.
    I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.

    Things that caused Nebraska to move back:

    Transfers from Texas Service Center
    180 day name check rule
    Some categories moving forward in VB, and they had not been doing pre-adjudication.
    They are trying to make processing dates reflect reality (and reduce service requests)

    The only logical thing was to move the processing date back, if only to reduce the service requests coming in.

    I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.

    This is some sign of some LIMITED attempt to process as FIFO for receipt date.





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  • needhelp!
    05-15 06:22 PM
    co-sponsor = confirmed support, so thats what we want.



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  • vin13
    01-16 10:24 AM
    Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).

    You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.

    Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.





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  • alapkd
    09-01 01:49 AM
    good but sad article, thanks for posting.





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  • pash02
    05-26 11:37 AM
    Thanks to IV core members, QGA, senators and their staff.
    Kudos to Immigration Voice!





    tinku01
    07-16 02:56 PM
    Hi,
    My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare

    Please let me know if PCC is must from US consulate only





    go_guy123
    03-12 10:05 PM
    There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?

    Add says -->
    Attention H1B, F1s, L1s
    To difficult to get USA green Card?
    Canadian Green Card helps you stay in USA Legally
    You do not need to move to Canada
    Get a Canadian Green card as a Back-up

    Linky --> http://www.maple-immigration.com/ad_index_en.htm

    :confused:
    Ria

    where is the ad in sulekha ?
    can you post the link ?



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