dtekkedil
07-05 02:21 PM
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
My guess is that this was done by the Bush Govt! So that there would be an outcry and he can get his CIR bill back into the senate. I hope it works!
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
My guess is that this was done by the Bush Govt! So that there would be an outcry and he can get his CIR bill back into the senate. I hope it works!
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calaway42
10-20 02:18 AM
gosh!! you experts!! what do i need to learn to be able to graphic design like you guys!?!? help!~:P
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coolngood4u80
02-07 11:13 AM
Please share about the discussion. Unfortunately I am unable to watch it due to proxy firewall.
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arpu31
11-17 01:03 PM
I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.
Thx
Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?
Arpu
Thx
Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?
Arpu
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rkat
12-13 02:31 PM
My sincere advice - if u are here currently on a visa then forget about applying for GC..! Complete your education and get ur degree. Then - PACK UR BAGS AND GO TO ANOTHER COUNTRY OR just go back home.! This GC is bussiness is honestly not worth it anymore.!! Sorry if i sound frustrated or disheartening but I'm only being practical & realistic.!
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vpgreencard
07-30 09:46 PM
The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.
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go_guy123
01-11 09:47 AM
The second part also sounds pretty reasonable to me:
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.
This PAV would be issued upon successful completion of an application process that would involve the following:
1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.
The Permanent Administrative Visa would carry with it the following authorizations:
1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;
The Permanent Administrative Visa would carry with it the following prohibitions:
1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.
A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:
1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.
This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.
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RDB
05-06 02:25 AM
Folks,
I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?
I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?
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ilikekilo
09-07 07:56 AM
hey who cares, if thats the case..I will certainly not complain...
who knows something might be brewing up....4 good
who knows something might be brewing up....4 good
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mambarg
08-15 12:15 PM
INS has already issued receipts for July 2nd filer.
IF you are before it , then you have to file again by tomorrow.
Why take risk.
They might have lost application .
Second filing is justified in your case.
IF you are before it , then you have to file again by tomorrow.
Why take risk.
They might have lost application .
Second filing is justified in your case.
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Dhundhun
10-23 01:22 PM
AFAIK, oneway ticket originating US can't be bought in India. You need to cancel ticket, and buy a return (both way) ticket.
Usually tickets bought in India is cheaper - so there are these restrictions.
It is possible to buy a ticket from US for a journey originationg from India. Airlines passes instruction and Tickets are issues in India.
Rules might have changed, but this was latest information from my side.
Usually tickets bought in India is cheaper - so there are these restrictions.
It is possible to buy a ticket from US for a journey originationg from India. Airlines passes instruction and Tickets are issues in India.
Rules might have changed, but this was latest information from my side.
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desi3933
05-19 03:30 PM
.... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
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vaishalikumar
08-05 09:33 PM
Who gets the AP (Advance parole) document from USCIS , candidate or lawyer who filed it ?
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01-27 01:32 PM
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wandmaker
08-17 02:14 AM
Thanks for the valuable inputs.
Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.
If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.
If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
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illusions
03-12 10:23 AM
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
Congrats, yup i have seen others with the same in some forums where the online status shows pending but the case is approved.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
Congrats, yup i have seen others with the same in some forums where the online status shows pending but the case is approved.
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shishya
09-02 01:30 PM
Heh. Sure I updated both at USPS AND at USCIS -- and yes I had my Alien # and the receipt number (I got married after I applied for 485 -- so waiting for dates to become current again EB2-May06 to add her).
Question: did you update your new home mailing address online at USPS (Postal website) or using USCIS (Change address) at the time of updating your new mailing address? Initially you do receive a confirmation # when you fillout first part of online application then later you would see additional links at the bottom of page where it would ask for "are there any pending application" somthing like that...
If you did update using UCSIS website then did you enter your A# (that is if you have already applied for EAD/I-485 then you should have a A#) along with your pending receipt numbers?
I did change my home address for 4 times now in the past 2 years and everytime when updated using USCIS, I promptly received individual letters notification/confirmation for each family members (pending cases) that address was sucessfully updated.
Just a thought!!
If you
Question: did you update your new home mailing address online at USPS (Postal website) or using USCIS (Change address) at the time of updating your new mailing address? Initially you do receive a confirmation # when you fillout first part of online application then later you would see additional links at the bottom of page where it would ask for "are there any pending application" somthing like that...
If you did update using UCSIS website then did you enter your A# (that is if you have already applied for EAD/I-485 then you should have a A#) along with your pending receipt numbers?
I did change my home address for 4 times now in the past 2 years and everytime when updated using USCIS, I promptly received individual letters notification/confirmation for each family members (pending cases) that address was sucessfully updated.
Just a thought!!
If you
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acsouza
03-18 05:08 PM
Hi Euclid,
I am in the exact same situation you were.
It seems to me that Ann is correct.
Did it work out for you?
Thank you,
Allan
I am in the exact same situation you were.
It seems to me that Ann is correct.
Did it work out for you?
Thank you,
Allan
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micofrost
07-15 01:54 PM
Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
sathishav
03-07 09:51 AM
Once you I140 is approved, you lock the PD. Only time you lose it is, if USCIS cancels it for fraud.
Else, layoff or revocation does not matter. You just have to start another new PERM again.
Else, layoff or revocation does not matter. You just have to start another new PERM again.
ikass
05-29 08:18 AM
Hello IV members and leadership team,
I applaud you all for your time and effort in addressing issues that concern our eligibility to work legally and mutually benefit from this country. As we strive to get CIR passed, which has been elusive for years and still struggling at various levels, I was wondering why can`t we work to get small wins. I would like to mention four known ideas that we can push forward and that I believe can be accomplished via small amendments:
1) Temporarily remove Per country quota for Employment -Based Green Card
2) Do not count dependents towards numerical visa count
3) Issue EAD to candidates who have I-140 approved and renew it until Green Card number becomes available.
4) Do not tie EAD to specific company or wait six months in a position to change jobs
This four things can have a quick impact and give us all a temporary relief.
We can try and build advocacy effort to get this done. Especially for the June 7th and 8th advocacy days.
"SMALL CHANGE BIG IMPACT"
Thanks,
Giri
I applaud you all for your time and effort in addressing issues that concern our eligibility to work legally and mutually benefit from this country. As we strive to get CIR passed, which has been elusive for years and still struggling at various levels, I was wondering why can`t we work to get small wins. I would like to mention four known ideas that we can push forward and that I believe can be accomplished via small amendments:
1) Temporarily remove Per country quota for Employment -Based Green Card
2) Do not count dependents towards numerical visa count
3) Issue EAD to candidates who have I-140 approved and renew it until Green Card number becomes available.
4) Do not tie EAD to specific company or wait six months in a position to change jobs
This four things can have a quick impact and give us all a temporary relief.
We can try and build advocacy effort to get this done. Especially for the June 7th and 8th advocacy days.
"SMALL CHANGE BIG IMPACT"
Thanks,
Giri
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