old_hat
04-27 09:51 PM
http://www.dhs.gov/journal/leadership/
* USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
* USCIS is issuing employment authorization documents valid for two years, as needed.
* USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.
I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.
Mike Aytes
Acting Deputy Director, USCIS
* USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
* USCIS is issuing employment authorization documents valid for two years, as needed.
* USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.
I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.
Mike Aytes
Acting Deputy Director, USCIS
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morpheus
04-06 12:03 PM
Yes all of us can apply under 218 also but then I am not sure if I will want to wait another 6 years before applying for a green card. Also there is no set category under which these people will be able to apply for their green cards. So at that time, another bill will be needed to carve out a category for them and then they will have to be processed. So it could easily take another 4-5 years before you might get your GC. Also god only knows what kind of restrictions might be placed on the immigrants under this section and once you transfer under that category your existing GC processing will have to be canceled.
If you are in a stable job with limited promotions or raises, I agree the traditional GC route is better if you can make it through. For my career, I would rather have the added flexibility for six years. I do agree it could be very slow though and it is a small extra risk. In my case, I have the option of returning to another visa category if the GC processing didn't work out in the end.
If you are in a stable job with limited promotions or raises, I agree the traditional GC route is better if you can make it through. For my career, I would rather have the added flexibility for six years. I do agree it could be very slow though and it is a small extra risk. In my case, I have the option of returning to another visa category if the GC processing didn't work out in the end.
leo2606
08-03 05:26 PM
about multiple A#s
http://www.murthy.com/mb_pdf/112307_P.html
http://www.murthy.com/mb_pdf/112307_P.html
2011 ztab1
sanju
11-20 11:09 AM
Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
more...
bigboy007
12-10 02:20 PM
I dont know i can try making it "superset" of what my GC Labor is that way it adds to what they have already its a bigger company btw so hassles in these issues are expected but what is the procedure in intimating USCIS many said no it but where does this Employment verification letter come in to picture.
Check with the new company whether they can give an Employment verification letter which matches the roles mentioned in ur labor?
Designation and pay doesnt matter.
What matters is a permanenet job offer letter and duties should match the
labor.
Rajesh Alex
Check with the new company whether they can give an Employment verification letter which matches the roles mentioned in ur labor?
Designation and pay doesnt matter.
What matters is a permanenet job offer letter and duties should match the
labor.
Rajesh Alex
yanj
12-14 12:18 PM
ok
more...
CADude
11-08 01:05 PM
NO,
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
It appears that this 655K includes family based I485 cases too who are in a different queue.
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
It appears that this 655K includes family based I485 cases too who are in a different queue.
2010 Queen Victoria and Napoleon
jthomas
06-10 12:30 PM
we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
more...
perm2gc
12-22 06:08 PM
Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
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nirdlalegcade
02-26 11:52 AM
First of all you have an "If" in your question. So I belive this is for future plan.
Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?
I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?
I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
more...
jbr
02-27 06:55 PM
Not sure if the conference call mentioned in the previous post has already been held. I wouldn't mind joining in future calls. Thanks.
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sandy_anand
10-25 10:56 PM
Will USCIS release updated Pending I-485 numbers as published that they will do every quarter....
To whom is the question directed? :confused:
To whom is the question directed? :confused:
more...
house Queen Victoria
mhtanim
06-08 05:42 PM
I don't live in the tri-state...
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.
As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.
As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.
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chanduv23
01-24 10:39 PM
Come on folks, volunteering and support is the need of the hour - silence is not the solution
more...
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kaisersose
07-27 07:47 PM
Is your question about Approved 140 or Pending 140.
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
Why would your employer do that unless you did something inappropriate?
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
Why would your employer do that unless you did something inappropriate?
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
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BECsufferer
04-19 09:45 AM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
Dude!
You must be badly in lover with her!... I have never heard about a typical Indian dude worrying about to-be-bride's financial distress. Good for both of you love birds! ;)
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
Dude!
You must be badly in lover with her!... I have never heard about a typical Indian dude worrying about to-be-bride's financial distress. Good for both of you love birds! ;)
more...
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eb3_nepa
10-13 03:18 PM
Just Kidding - as long as you are wearing decent clothes no one should reject your visa (which otherwise should have been approved) for wearing a jeans or for not wearing formal dress.
But when someone created a thread for this - let me share "one dress" people shouldn't wear.- this is something you would want to avoid, this was told to me 9yrs back when i first came to this country and appeared for Interview first time.
That dress is - "Red Shirt"
Hope this helps !
Are you serious or kidding?
But when someone created a thread for this - let me share "one dress" people shouldn't wear.- this is something you would want to avoid, this was told to me 9yrs back when i first came to this country and appeared for Interview first time.
That dress is - "Red Shirt"
Hope this helps !
Are you serious or kidding?
girlfriend Queen Victoria
ameryki
02-29 01:50 PM
Receipts usually sends to Attorney, who represent your case, if you signed G-28 form. You only get Notice for FP, Original EAD, AP. So don't worry abt the receipt. It should be with your attroney.
What if the lawyer does not have the receipt notice either? Will I need a copy of the receipt notice or original when applying for EAD/ AP renewal? or can I use any other supporting documents?
What if the lawyer does not have the receipt notice either? Will I need a copy of the receipt notice or original when applying for EAD/ AP renewal? or can I use any other supporting documents?
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sargon
05-11 12:45 PM
You really scared me. My family is supposed to come via Delhi tomorrow. Please refrain from posting such threads.
gc_lover
06-28 03:44 PM
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
It's not funny!
It's not funny!
uma001
07-26 02:30 PM
Go for GC , not career. You can get good career whenever you want, but you cant get GC whenever you want. Once you get GC you can apply for 150k job wherever you want, any company you want. With h1 you cant do that.
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