gk_2000
08-28 02:22 AM
There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!
Maybe false hope for your situation, but for a lot of us it means getting freedom via ac21
Maybe false hope for your situation, but for a lot of us it means getting freedom via ac21
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optimystic
04-22 03:49 PM
I-485 could be from family based, EB1 and ROW categories. I dont all these became Unavailable on July 2nd. Also you are right, USCIS didnt reject applications even though they came in between July 2nd and 17th.
That particular date of July 11 at NSC is for EB I-485 !
That particular date of July 11 at NSC is for EB I-485 !
chanduv23
12-16 10:59 AM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.
Lets make a list of DMVs not accepting pending 485 as valid form.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.
Lets make a list of DMVs not accepting pending 485 as valid form.
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makemygc
08-03 10:34 PM
maybe they meant 07/1/2007
See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
injrav
03-25 01:51 PM
gap between your company A exit date and the date they withdrew your I140?
As per law,, they should not do it for 6 months old approved I140 ?
As per law,, they should not do it for 6 months old approved I140 ?
more...
vxg
08-31 12:11 PM
I am also in the same boat. I am Aug 2007 filer. I got an interview at local office on Feb 2009 to check on my vaccination papers.. They told me my papers will be at their office until the dates become current, and that they will issue Finger print notice before apprving the case(when the date become current) that as my FP was close to expiry then. They gave me a letter that said only contact them 30 days after the dates become current. I havent got the FP notice yet. Not sure if I should contact the local office.
I suggest call the service center (texas or nebraska) where your case is as cases are approved by TSC or NSC not by field offices.
I suggest call the service center (texas or nebraska) where your case is as cases are approved by TSC or NSC not by field offices.
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chanduv23
12-08 05:29 PM
Come on folks - please contribute towards the efforts
more...
krishmunn
03-04 12:24 PM
I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
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KanME
11-14 09:30 PM
The December bulletin is extremely frustrating.
Does anyone suggest another DC rally or another media campaign could bring some attention to our plight? I am up for either/both.
Super..if you are all charged up join your state chapter today and brainstorm with your peers and lets fight this together..but first things first JOIN YOUR CHAPTER..
Does anyone suggest another DC rally or another media campaign could bring some attention to our plight? I am up for either/both.
Super..if you are all charged up join your state chapter today and brainstorm with your peers and lets fight this together..but first things first JOIN YOUR CHAPTER..
more...
atlfp
04-08 03:22 PM
Legal immigration IS all about competitiveness. Why there is an EB based immigration category at all? It's primary because they want to be able retain talent. As such, one of the strong argument for the current EB situation will be that if they do not do it, this country's competitiveness edge will diminish. This is the truth and I think most law maker is able to understand that.
remember that PACE bill is not primarily about legal immigration .. it is about US S&T competitiveness .. what is to say that the anti-immigration guys wont make the pitch that immigration issues should be kept out of such a bill, as they did with S1932 ? Agreed PACE act in its current form is favorable to us, but there is no gaurantee all our provisions will go through unopposed ... rest assured the likes of numbersUSA are as busy as we are.
remember that PACE bill is not primarily about legal immigration .. it is about US S&T competitiveness .. what is to say that the anti-immigration guys wont make the pitch that immigration issues should be kept out of such a bill, as they did with S1932 ? Agreed PACE act in its current form is favorable to us, but there is no gaurantee all our provisions will go through unopposed ... rest assured the likes of numbersUSA are as busy as we are.
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Since1997
07-20 01:08 PM
From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs ...
1. Year Cap: 140000 (for EB)
2. India Limit: 7% = 9800 ONLY
3 Now imagine how many years it will take to cover up the number like 750000.
==========================
Originally Posted by andy garcia
Last year the top 5 countries in EB got all these visas:
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
==============================
1. Year Cap: 140000 (for EB)
2. India Limit: 7% = 9800 ONLY
3 Now imagine how many years it will take to cover up the number like 750000.
==========================
Originally Posted by andy garcia
Last year the top 5 countries in EB got all these visas:
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
==============================
more...
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pbojja
11-06 10:03 AM
Hi
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
I got couple of weird updates in November one on my EAD and other on 140 which was apporved in 2006 .
I received my EAD in October but in November they updated my EAD again to approved on Nov XX 2008 , If this is true I should receive one more EAD but I did not.
Again today the status of my approved 2006 I140 changed to approved on Nov 5 th 2008 , I dont know if this is real . I will know in few days if I recieve other approval.
For me I m not worried because both of them are approvals again .. Your case is different but as long as you have your approved 140 you should be ok . But if you do not receive any update in few weeks I would suggest you take info pass appointment and check with them , dont take it easy.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
I got couple of weird updates in November one on my EAD and other on 140 which was apporved in 2006 .
I received my EAD in October but in November they updated my EAD again to approved on Nov XX 2008 , If this is true I should receive one more EAD but I did not.
Again today the status of my approved 2006 I140 changed to approved on Nov 5 th 2008 , I dont know if this is real . I will know in few days if I recieve other approval.
For me I m not worried because both of them are approvals again .. Your case is different but as long as you have your approved 140 you should be ok . But if you do not receive any update in few weeks I would suggest you take info pass appointment and check with them , dont take it easy.
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ilikekilo
04-24 10:46 AM
OK why dont we have that link that shows about bills anymore?? I mean on the home page...was that intentionally removed?
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anilsal
03-21 12:37 AM
Additionally, can your attorneys makes copies of RFE response sent and attach it to the MTR maybe? I do not if that is possible or allowed or will make any difference.
I just learned that from you that there is a 33 day deadline on answering RFEs. What if the mail got lost in transit? How will the applicant/attorneys really know (unless of course you have done the online case status registration).
I just learned that from you that there is a 33 day deadline on answering RFEs. What if the mail got lost in transit? How will the applicant/attorneys really know (unless of course you have done the online case status registration).
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Gravitation
08-24 09:18 PM
I was alarmed to read the title and thought that it might render ac21 useless. But it's all about the merits of the original I-140 which would be the case irrespective of use of ac21.
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joeshmoe
09-04 11:22 AM
Fellows in pain ...
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
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Templarian
08-27 11:16 PM
Double posting bump this thing.
I just noticed we don't have a <3 hmm (to keep it traditional or actually a severed heart is the question).
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pappu
12-15 10:54 AM
You are in a good position.
- hire your own lawyer
- have the lawyer directly talk to your HR. dont confuse HR with websites and all the info. make their job easy by having them just sign the papers for you
- keep a copy of all documents with you that the lawyer files or gets from HR
- hire your own lawyer
- have the lawyer directly talk to your HR. dont confuse HR with websites and all the info. make their job easy by having them just sign the papers for you
- keep a copy of all documents with you that the lawyer files or gets from HR
lskreddy
07-30 10:11 AM
Pappu - I agree with you in totality that it is an opportunity wasted when people focus on the individual issues. But, after listening in on a couple of calls, I find the whole call to be not much of use as they always defer the question with 'we have asked the TSC to find out' or 'that is for the USCIS to answer'.
I appreciate a channel of communication and a watchdog for USCIS activities but when communicating regarding problems with USCIS, I see ombudsman's office as a level of indirection. They seem to identify problems, pass on as a report that gets nowhere or gets partially addressed.
If USCIS took cues and had allowed a conference call with the USCIS leadership directly, or if one of us (could be me but I need some ideas as to how to approach) could do such a thing, we could see far more benefit in gathering more significant problems and getting them answered.
I would rather hear the news from the 'horse's mouth' than listening to someone who barely has an influence. I would gladly stand corrected if history has shown otherwise.
I appreciate a channel of communication and a watchdog for USCIS activities but when communicating regarding problems with USCIS, I see ombudsman's office as a level of indirection. They seem to identify problems, pass on as a report that gets nowhere or gets partially addressed.
If USCIS took cues and had allowed a conference call with the USCIS leadership directly, or if one of us (could be me but I need some ideas as to how to approach) could do such a thing, we could see far more benefit in gathering more significant problems and getting them answered.
I would rather hear the news from the 'horse's mouth' than listening to someone who barely has an influence. I would gladly stand corrected if history has shown otherwise.
Edison99
09-15 12:30 PM
Enjoy the freedom!
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
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