Thursday, June 9, 2011

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  • continuedProgress
    07-31 11:27 AM
    I'm taking chances as well..... switching to EAD on day 10, if not earlier.
    If probable causes of AOS denial aren't discussed elsewhere, maybe some one knowledgeable can throw some light on the subject.





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  • rayoflight
    12-21 01:51 PM
    Thanks all for your replies.





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  • bobzibub
    10-06 01:27 PM
    Attempting to get USCIS to post a page like that would be like squeezing blood from a stone.

    Example: When AILA asked USCIS whether moonlighting on an 485 derived EAD voids your H1-B (when you also keep your main job) seven months ago, they "take it under advice" but haven't bothered to answer the question. I've asked my lawyers and they are unwilling to say either way because they think USCIS could rule on it some day.

    Leadership. They've heard of it.





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  • srkamath
    07-16 05:39 PM
    Is there offered salary criteria associated with this category?
    Yes, salary offered MUST be greater than the wage requirement for that position as determined by DOL. You can also find out the min wage requirement yourself. First determine the minimum requirements of the position for edu and exp, supervisory etc, then calculate the SVP level (specific vocational preparation i think) SVP will be in the 6 to 10 range. From the DOL website, find the SVP to wage level correlation for your occupation, wage levels are I, II, III, IV. Generally, EB2 positions will end up with SVP of at least 7 to 8 depending on occupation, when most often is at least Level II and over for wage.

    Clear as mud??, i hope i have explained it well ...



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  • manfrmind
    11-03 05:42 PM
    Do you guys think this 2008 election will have any impact on the immigration process?





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  • Leo07
    12-03 04:44 PM
    DREAM ACT is very much a moral issue. Doing the right thing for innocent kids, who had no say in their fate until this date. All must support DREAM with heart & soul.

    While doing "Right" thing, we must be very careful to NOT penalize the people who are legally standing in line. These Legal immigrants and their kids who had already waited 10 years in line could become illegal any day.These kids who are here legally will need another DREAM act 2 or 3 years from now. ONLY RECAPTURE can save the "Right" thing from being the true Right or justice for ALL.

    Why do we need Recapture more than DREAM ACT or with DREAM ACT?

    What makes recapture an important issue as mush as DREAM ACT issue?

    Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.

    I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?



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  • Rajeev
    08-11 08:22 AM
    does it have any impact, if a lot of people vote this bill on this site?
    Also, there is no time lines on when its going to be set for voting in House.

    It will definitely have an impact, but surprisingly very few persons are interested in pursuing this.





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  • chanduv23
    10-09 05:34 PM
    ^^^^^^^^^^^^



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  • bobzibub
    10-06 01:27 PM
    Attempting to get USCIS to post a page like that would be like squeezing blood from a stone.

    Example: When AILA asked USCIS whether moonlighting on an 485 derived EAD voids your H1-B (when you also keep your main job) seven months ago, they "take it under advice" but haven't bothered to answer the question. I've asked my lawyers and they are unwilling to say either way because they think USCIS could rule on it some day.

    Leadership. They've heard of it.





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  • gcwanted101
    09-01 03:35 PM
    Google G639 (http://www.uscis.gov/files/form/g-639.pdf) form for the pdf version. Here, it's already done. Just click on the link it will take you to the form you need to request the information. Fill it completely in as much details as possible and then get it notarized for your signature at a bank. Once notarized, mail the form out to the address shown on the form.

    My personal experience:
    I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
    Hey harrydr, Thanks for the information.
    I know about G639 form though.
    I just wanted clarify that USCIS do provide copy of approved 140 even if there is no 485 application associated with it.
    Because what I have hears was “140 is employer petition USCIS never going to provide it to employee”.
    But thanks a lot harrydr.



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  • Imm_Exploited
    07-30 11:00 AM
    I am not an expert on this situation, but here is my $0.02 since most of us should have been once on F1 and then moved on to H1 and then to GC:

    1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.

    2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).

    3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?

    IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.

    Sincerely - IE





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  • Leo07
    12-03 04:44 PM
    DREAM ACT is very much a moral issue. Doing the right thing for innocent kids, who had no say in their fate until this date. All must support DREAM with heart & soul.

    While doing "Right" thing, we must be very careful to NOT penalize the people who are legally standing in line. These Legal immigrants and their kids who had already waited 10 years in line could become illegal any day.These kids who are here legally will need another DREAM act 2 or 3 years from now. ONLY RECAPTURE can save the "Right" thing from being the true Right or justice for ALL.

    Why do we need Recapture more than DREAM ACT or with DREAM ACT?

    What makes recapture an important issue as mush as DREAM ACT issue?

    Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.

    I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?



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  • pappu
    10-16 04:06 PM
    IV core/pappu,
    You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.

    This effort was done by me and some other members of IV. If you would like to contribute pls go ahead and send emails. All Indian student associations are listed on http://www.garamchai.com/indassc.htm
    YOu can use the tool on
    invite your friends page
    http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
    to send emails
    or use the template on
    http://immigrationvoice.org/index.php?option=com_content&task=category&sectionid=4&id=13&Itemid=36
    resources page - send to a friend letter.

    if you can find a listing of all chineese /international student associations, pls post it on this thread for everyone.
    Thanks for helping and taking action on your suggestion.





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  • satya1234
    03-26 01:11 PM
    Hello,

    I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that

    " An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".

    New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

    As i can work only 240 days from my I94 expiry date, i can't work after July 2010
    so am planning to go to India to attend the embassy as soon as possible.

    Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.

    Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
    clearance is done. I am in fix what to do??.

    Any help is appreciated.

    Thanks in Advance,
    Satya.



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  • eb3_nepa
    07-20 03:49 PM
    Hello Gurus,

    I have a question about H1 and L1.

    Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.

    I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.

    So the plan is:
    1) KEEP the original H1B
    2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
    3) Apply for an L2 for my wife and get her work permit/SSN.

    Now my questions are:

    1) Is this possible AT ALL?
    2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
    3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?

    Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.





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  • hibworker
    07-15 05:37 PM
    Hand in all I-94 that are in your possession since last entry in to US.



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  • hebron
    06-21 12:23 PM
    suggestions? ^^^^^^^





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  • babu123
    06-15 02:00 PM
    You can also get a letter from your collegue that worked with that company with all ur job duties mentioned. That serves your purpose I guess.





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  • martinvisalaw
    03-18 03:30 PM
    Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.

    It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.





    ksurjan
    10-05 01:30 PM
    Folks,
    Who receives the AP approval? lawyer or the beneficiary?





    sr77
    09-26 08:32 PM
    Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).

    That said, don't wait for USCIS. Be proactive and do all you can. I would suggest

    1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
    2. Open an SR.
    3. Do the above for your dependents if any.
    4. Make infopass (you have already done this).
    5. Contact local congress man/woman.
    6. Send mail to CIS Ombudsman
    7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.

    (more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)

    Good luck.

    Thanks for the advice. I appreciate your insight.

    I am going all in now.

    1. I will call the Customer Service Line tomorrow.

    2. I already got the InfoPass for 10/6

    3. The letter for my senator is drafted. It will be sent tomorrow.

    4. Finally, an email to the Ombudsman has been sent.

    Hopefully, there is be some movement.



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