desi3933
09-05 01:23 PM
I am sorry if this has been asked 100 times before and would appreciate if someone can provide a linky.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gaps in dates for various APs.
**** Not a legal advise ****
____________________________________
Proud Indian-American and Legal Immigrant
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gaps in dates for various APs.
**** Not a legal advise ****
____________________________________
Proud Indian-American and Legal Immigrant
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dealsnet
11-04 09:46 AM
Why you are giving news about illegal immigration. IV is for legal immigrants.
Don't confuse this issue with ANTI-IMMIGRANTS.
Don't confuse this issue with ANTI-IMMIGRANTS.
Abhishika
12-13 06:32 AM
Hi All,
For the 140 appln we see that all service centers except TSC takes more than 6 months. TSC has a processing time frame of 6 months for 140
where as NSC and CSC says they are processing 140 of Sep/jan 2006.
We pay same fee for USCIS at all offices. This is a descrimination based on
USCIS location. If 140 is approved and 485 is pending we have flexibility of changing the jobs.
(ie if you had applied at NSC, then u will not get this flexibility)
Most of the guys who applied at TSC during July 07 got the approval of 140 where as NSC and CSC are still processing 2006.
(Mine was filed at TSC and on the 5th month got transferred to NSC.
Now should it follow 6months of TSC processing time or go to the storage cabin and wait till the processing date at NSC comes to current?)
So should we complain to ombudsman, to make the processing time similar at all the offices. If there is a difference of one months is OK but not more than one month.
I would like to hear everyones opinion especially those who stuck at NSC and CSC.
Thank You
Abhishika
For the 140 appln we see that all service centers except TSC takes more than 6 months. TSC has a processing time frame of 6 months for 140
where as NSC and CSC says they are processing 140 of Sep/jan 2006.
We pay same fee for USCIS at all offices. This is a descrimination based on
USCIS location. If 140 is approved and 485 is pending we have flexibility of changing the jobs.
(ie if you had applied at NSC, then u will not get this flexibility)
Most of the guys who applied at TSC during July 07 got the approval of 140 where as NSC and CSC are still processing 2006.
(Mine was filed at TSC and on the 5th month got transferred to NSC.
Now should it follow 6months of TSC processing time or go to the storage cabin and wait till the processing date at NSC comes to current?)
So should we complain to ombudsman, to make the processing time similar at all the offices. If there is a difference of one months is OK but not more than one month.
I would like to hear everyones opinion especially those who stuck at NSC and CSC.
Thank You
Abhishika
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Blog Feeds
11-08 03:30 PM
Delaware Immigration Lawyer Blog Has Just Posted the Following:
The EB-5 Immigrant Investors Program is recently extended to September 30, 2012. The statutory requiments of the EB-5 visa are burdensom. Approximately only about 1,000 people a year have immigrated in this category -- just one-tenth of the visa available.
For the regular program, the enterprise must (1) be one in which the person has invested at least $1 million (or at least $500,000 if investing in a targeted employment area), (2) benefit the U.S. economy and (3) create full-time employment for at least 10 U.S. workers.
A business can be used for employment-creation classification by more than one investor, provide that each investor has invested the required amount and the creation of 10 full-time jobs may be attributable to each investor.
The investor is required to enter the U.S. to engage in a new commercial enterprise, i.e., the investor must maintain more than a purely passive role in the new enterprise, and he or she must either be involved in the day-to-day managerial control of the commercial enterprise or manage it through policy formulation.
USCIS does not require retention of employees until a reasonalbe time after conditional visa is issued. Normally, a comprehensive business plan supporting the need for 10 employees within the next two years is acceptable.
The procedure to apply begins with submitting initial evidence with an I-526 petition. If the I-526 petition is approved, the investor becomes a conditional resident for two years. After the two years, the investor has to file an I-829 to remove the condition. It must be accompanied by evidence that the individual has invested or was in the process of investing the required captial, and the investment has created 10 full-time jobs.https://blogger.googleusercontent.com/tracker/1142140030762969806-6519671685318254492?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/eb-5-immigrant-investors.html)
The EB-5 Immigrant Investors Program is recently extended to September 30, 2012. The statutory requiments of the EB-5 visa are burdensom. Approximately only about 1,000 people a year have immigrated in this category -- just one-tenth of the visa available.
For the regular program, the enterprise must (1) be one in which the person has invested at least $1 million (or at least $500,000 if investing in a targeted employment area), (2) benefit the U.S. economy and (3) create full-time employment for at least 10 U.S. workers.
A business can be used for employment-creation classification by more than one investor, provide that each investor has invested the required amount and the creation of 10 full-time jobs may be attributable to each investor.
The investor is required to enter the U.S. to engage in a new commercial enterprise, i.e., the investor must maintain more than a purely passive role in the new enterprise, and he or she must either be involved in the day-to-day managerial control of the commercial enterprise or manage it through policy formulation.
USCIS does not require retention of employees until a reasonalbe time after conditional visa is issued. Normally, a comprehensive business plan supporting the need for 10 employees within the next two years is acceptable.
The procedure to apply begins with submitting initial evidence with an I-526 petition. If the I-526 petition is approved, the investor becomes a conditional resident for two years. After the two years, the investor has to file an I-829 to remove the condition. It must be accompanied by evidence that the individual has invested or was in the process of investing the required captial, and the investment has created 10 full-time jobs.https://blogger.googleusercontent.com/tracker/1142140030762969806-6519671685318254492?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/eb-5-immigrant-investors.html)
more...
smdfarooq
06-01 02:20 PM
Dear Friends,
I am some one might have gone through this situation. I tried to look for old post but couldn't find it.. Anyways
I have an Advance payrol, I went for Stamping at Chennai US counslate. They sent for Name check verification(Security Clearence). I have been living in US since 2000 and travelled back and forth many times and got visa stamped many times and they kept my passport and upon mailing they will send my passport.
My question is Can I use Advance Payrol while my H1B stamping case is sent for Name verification(security Clearence)..Please let me know any one has use AP in this case
Your response would be highly appritated
Thanks
Farooq
I am some one might have gone through this situation. I tried to look for old post but couldn't find it.. Anyways
I have an Advance payrol, I went for Stamping at Chennai US counslate. They sent for Name check verification(Security Clearence). I have been living in US since 2000 and travelled back and forth many times and got visa stamped many times and they kept my passport and upon mailing they will send my passport.
My question is Can I use Advance Payrol while my H1B stamping case is sent for Name verification(security Clearence)..Please let me know any one has use AP in this case
Your response would be highly appritated
Thanks
Farooq
dskhabra
07-27 08:49 AM
Your change of status will come under 65K cap..and if the cap is not increased (lets still hope for the best) then it's going to be lottery again and it's your luck to be selected in the lottery. because of lottery you can not plan a lot of things..
more...
vdixit
07-23 07:29 PM
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
THis was published sometime today. THis may answer a lot of questions people may have.
THis was published sometime today. THis may answer a lot of questions people may have.
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dellmunna
04-21 10:30 AM
hi gurus
I am not getting paid equivalent to what is there in my LC. Is there any
problem to get approval of my I-458?
EB3 INDIA
I-140 pending
I-458/EAD July filer
EAD RD Sep-07
I-458 pending
I am not getting paid equivalent to what is there in my LC. Is there any
problem to get approval of my I-458?
EB3 INDIA
I-140 pending
I-458/EAD July filer
EAD RD Sep-07
I-458 pending
more...
karan36
11-08 02:59 PM
Approved Asylum in 06. Applied for GC in 07, still pending and received this letter a few days back.
Your case is on hold because you appear to be inadmissible under ?212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security?s discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case."
My question is - I am married to a US Citizen, and have a child(yes I know I should have applied thru her- but did'nt) Can I apply for another GC thru wife.
Will my Work permit be renewed once it expires.
Thanks
Your case is on hold because you appear to be inadmissible under ?212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security?s discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case."
My question is - I am married to a US Citizen, and have a child(yes I know I should have applied thru her- but did'nt) Can I apply for another GC thru wife.
Will my Work permit be renewed once it expires.
Thanks
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abcka111
05-14 01:35 AM
Any help from an attorney would be appreciated
more...
shreekhand
09-18 12:39 PM
It all depends on their background check and security requirements.
As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).
As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).
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SH2009
06-10 09:04 PM
Current employer A, H1B cap-exempt and in 2nd year. Both H1B and attached I-94 will expire on 7/5/2009.
New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.
I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.
One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.
Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?
The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?
New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.
I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.
One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.
Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?
The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?
more...
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gcslave
07-08 05:30 PM
I didn't get an email, but I checked my case status online and it has changed to Decision today. Waiting to get the snail mail. Hopefully, it will move to card production ordered soon. My wife has a FP appt on Jul 15, so I wasn't expecting to get approval before that, but I guess sometimes the surprises are pleasant.
PD - Mar 21, 2005
PD - Mar 21, 2005
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praneet
08-19 10:12 PM
Hi there,
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
more...
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hourglass
03-02 01:22 PM
looks like there at least 3 ;)
i think only four ..Comeon SoCal Folks join in..
rkotamurthy, franklin, 485Mbe4001 and hourglass.
i think only four ..Comeon SoCal Folks join in..
rkotamurthy, franklin, 485Mbe4001 and hourglass.
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somegchuh
06-19 12:29 PM
yesterday the NSC date for I-485 was Mar 01. 2007. Today its back to Sep 06. Man, these are total mind games!
more...
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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 ?
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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va_dude
09-24 04:20 PM
The choice is pretty clear - apply for your GC (labor).
That way atleast you are in the system and have a PD.
Later on you might have some options to switch from Eb3 to Eb2 with the same or a different employer. Also if uscis manages to clear most of the backlog by end of 2010, then your wait won't be as bad as it has been for folks waiting since 2003.
And maybe even the possibility of a CIR bill next year will speed things up for you.
So the way i see it, things really cannot get any worse for you. So just apply.
That way atleast you are in the system and have a PD.
Later on you might have some options to switch from Eb3 to Eb2 with the same or a different employer. Also if uscis manages to clear most of the backlog by end of 2010, then your wait won't be as bad as it has been for folks waiting since 2003.
And maybe even the possibility of a CIR bill next year will speed things up for you.
So the way i see it, things really cannot get any worse for you. So just apply.
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needhelp!
10-12 05:48 PM
in less than 23 hours
hpandey
08-04 08:57 AM
I got my physical EAD card but my online status still says pending. Don't know what's going on at USCIS now.
baldev.thakur
05-18 04:50 PM
My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?
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