mhtanim
10-08 06:13 PM
Interesting question! Logically, as soon as a H4 holder starts using EAD the H4 becomes invalid. As long as the primary is in valid H1B status, the dependent should be able get back to H4 status even if the 485 is denied.
However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?
However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?
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gc03
12-08 08:58 AM
Senator Judd Gregg (R-NH) 3rd-term Republican from New Hampshire.
Contact Information
Web Site: gregg.senate.gov
Washington Office:
393 Russell Senate Office Building
Washington, D.C. 20510-2904
Phone: (202) 224-3324
Fax: (202) 224-4952
Main District Office:
125 N. Main St.
Concord, NH 03301
Phone: (603) 225-7115
*************************
Senator John E. Sununu (R-NH) 1st-term Republican from New Hampshire.
Contact Information
Web Site: sununu.senate.gov
E-mail: mailbox@sununu.senate.gov
Washington Office:
111 Russell Senate Office Building
Washington, D.C. 20510-2903
Phone: (202) 224-2841
Fax: (202) 228-4131
Main District Office:
1589 Elm St., Ste. 3
Manchester, NH 03101
Phone: (603) 647-7500
Fax: (603) 647-9352
*************************
Representative Charles Bass (R-NH 2nd) 6th-term Republican from New Hampshire.
Contact Information
Web Site: www.house.gov/bass
E-mail: cbass@mail.house.gov
Washington Office:
2421 Rayburn House Office Building
Washington, D.C. 20515-2902
Phone: (202) 225-5206
Fax: (202) 225-2946
Main District Office:
142 N. Main St.
Concord, NH 03301
Phone: (603) 226-0249
Fax: (603) 226-0476
=========================
Just called all 3 senators and asked to Support the High-Skilled Immigrant Interim Relief Act of 2006
Very EASY.
Contact Information
Web Site: gregg.senate.gov
Washington Office:
393 Russell Senate Office Building
Washington, D.C. 20510-2904
Phone: (202) 224-3324
Fax: (202) 224-4952
Main District Office:
125 N. Main St.
Concord, NH 03301
Phone: (603) 225-7115
*************************
Senator John E. Sununu (R-NH) 1st-term Republican from New Hampshire.
Contact Information
Web Site: sununu.senate.gov
E-mail: mailbox@sununu.senate.gov
Washington Office:
111 Russell Senate Office Building
Washington, D.C. 20510-2903
Phone: (202) 224-2841
Fax: (202) 228-4131
Main District Office:
1589 Elm St., Ste. 3
Manchester, NH 03101
Phone: (603) 647-7500
Fax: (603) 647-9352
*************************
Representative Charles Bass (R-NH 2nd) 6th-term Republican from New Hampshire.
Contact Information
Web Site: www.house.gov/bass
E-mail: cbass@mail.house.gov
Washington Office:
2421 Rayburn House Office Building
Washington, D.C. 20515-2902
Phone: (202) 225-5206
Fax: (202) 225-2946
Main District Office:
142 N. Main St.
Concord, NH 03301
Phone: (603) 226-0249
Fax: (603) 226-0476
=========================
Just called all 3 senators and asked to Support the High-Skilled Immigrant Interim Relief Act of 2006
Very EASY.
BharatPremi
07-12 04:34 PM
I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.
This (besides labor backlog) spoils the FIFO for GCs.
Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.
DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.
However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.
FBI delays is the prime reason for this fiasco.
BTW my AOS is pending due to indefinite background check delay.
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
This (besides labor backlog) spoils the FIFO for GCs.
Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.
DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.
However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.
FBI delays is the prime reason for this fiasco.
BTW my AOS is pending due to indefinite background check delay.
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
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qualified_trash
12-03 06:53 AM
If the old 140 is revoked, according to the law, you are not allowed to get an extension based on it
this is only true if the revocation is due to fraud. if not, the PD is yours to keep.
this is only true if the revocation is due to fraud. if not, the PD is yours to keep.
more...
americandesi
06-06 07:08 PM
The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
saileshdude
05-14 10:18 AM
Mishras,
Can you complete your profile and mention what is your PD , service center, etc. Also can you scan and post the exact copy of the RFE you received. You can take out all the personal info like your receipt number,name but keep the wordings of the RFE intact.
That would help people here to help you.
Can you complete your profile and mention what is your PD , service center, etc. Also can you scan and post the exact copy of the RFE you received. You can take out all the personal info like your receipt number,name but keep the wordings of the RFE intact.
That would help people here to help you.
more...
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FrankZulu
08-12 04:26 PM
As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.
Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?
Good morning XXXXXXXXXXX,
Re: I-485s <Applicant Name>
I have conversed with those in charge of these cases.
The United States Citizenship and Immigration Services (USCIS) is
committed to adjudicating immigration benefits in a timely, efficient
manner that ensures public safety and national security.
Toward that end, USCIS requires extensive background checks for every
application or petition it adjudicates. While background checks for
most applications or petitions are completed quickly, a small percentage
of cases involve unresolved background check issues that result in
adjudication delays.
Background checks involve more than just the initial submission of and
response related to biographical information and fingerprints. When
checks and/or a review of an administrative record reveal an issue
potentially impacting an applicant's eligibility for the requested
immigration benefit, further inquiry is needed. The inquiry may include
an additional interview and/or the need to contact another agency for
updates or more comprehensive information. If it is determined that an
outside agency possesses relevant information about a case, USCIS
requests such information for review. Upon gathering and assessing all
available information, USCIS then adjudicates the application as
expeditiously as possible.
We have checked into your constituent's case and have been assured that
the agency is aware of your inquiry, and is monitoring progress related
to it. However, unresolved issues in your constituent's case require
thorough review before a decision can be rendered. Unfortunately, we
cannot speculate as to when this review process will be completed.
We realize that your constituent may feel frustrated by delays related
to his or her case. As an agency, we must weigh individual
inconvenience against the broader concerns of public safety and national
security.
We hope this information and assurance are helpful. If we may be of
assistance in the future, please let us know.
I hope this information is helpful to you. At this time I am closing the
inquiry on this matter.
Thank you,
<Officer Name>
Immigration Services Officer
NSC Congressional Unit
I have tried multiple sources and following is the response:
* SR (july 19th): No response Yet
* IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
* Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
* Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
* InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.
To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?
Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?
Good morning XXXXXXXXXXX,
Re: I-485s <Applicant Name>
I have conversed with those in charge of these cases.
The United States Citizenship and Immigration Services (USCIS) is
committed to adjudicating immigration benefits in a timely, efficient
manner that ensures public safety and national security.
Toward that end, USCIS requires extensive background checks for every
application or petition it adjudicates. While background checks for
most applications or petitions are completed quickly, a small percentage
of cases involve unresolved background check issues that result in
adjudication delays.
Background checks involve more than just the initial submission of and
response related to biographical information and fingerprints. When
checks and/or a review of an administrative record reveal an issue
potentially impacting an applicant's eligibility for the requested
immigration benefit, further inquiry is needed. The inquiry may include
an additional interview and/or the need to contact another agency for
updates or more comprehensive information. If it is determined that an
outside agency possesses relevant information about a case, USCIS
requests such information for review. Upon gathering and assessing all
available information, USCIS then adjudicates the application as
expeditiously as possible.
We have checked into your constituent's case and have been assured that
the agency is aware of your inquiry, and is monitoring progress related
to it. However, unresolved issues in your constituent's case require
thorough review before a decision can be rendered. Unfortunately, we
cannot speculate as to when this review process will be completed.
We realize that your constituent may feel frustrated by delays related
to his or her case. As an agency, we must weigh individual
inconvenience against the broader concerns of public safety and national
security.
We hope this information and assurance are helpful. If we may be of
assistance in the future, please let us know.
I hope this information is helpful to you. At this time I am closing the
inquiry on this matter.
Thank you,
<Officer Name>
Immigration Services Officer
NSC Congressional Unit
I have tried multiple sources and following is the response:
* SR (july 19th): No response Yet
* IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
* Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
* Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
* InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.
To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?
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pmpforgc
02-26 12:05 PM
hi
Just wanted to know if some one like me who have masters or more (phD) in Engineering and have backgorund in bioprocessing or food processing as well as research and academics . What may be the best IT options.
Reason I am asking is with current PhD and Academic jobs it is lot less pay (say in around 50 K). So wanted to explore other option if some how get laid off or fired one day which may be comming soon in a year or so.
though I had not done any programmming any day, I did little bit in my bachelors and at that time I thought I can do it well. But than really never had chance to work on programming stuff, as worked more with applied engineering in bio and food area.
thanks for input.
Just wanted to know if some one like me who have masters or more (phD) in Engineering and have backgorund in bioprocessing or food processing as well as research and academics . What may be the best IT options.
Reason I am asking is with current PhD and Academic jobs it is lot less pay (say in around 50 K). So wanted to explore other option if some how get laid off or fired one day which may be comming soon in a year or so.
though I had not done any programmming any day, I did little bit in my bachelors and at that time I thought I can do it well. But than really never had chance to work on programming stuff, as worked more with applied engineering in bio and food area.
thanks for input.
more...
saketkapur
10-14 06:05 PM
I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.
Not a lawyer. This is not a legal advice.
I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......
My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.
Not a lawyer. This is not a legal advice.
I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......
My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.
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GoneSouth
09-07 12:45 PM
But how did you manage to justify that you have enough knowledge/experience for that job. Did you use any particular course material or project work or anything of that kind against some one who applied for your ad ?
In my particular case, I used equivalent education + experience (i.e., BS +5) and had the necessary skills from prior work experience. If you are truly MS+0, presumably you'd have to show coursework or similar. If you absolutely have to use your work experience to support your labor certification (e.g., because your course work isn't distinct enough), then you'll have to switch employers and have the new employer submit the LC.
you can mention in your employment letter that you've been working since 2 years and could attach an experience letter from them to highlight the fact.. This is definitely doable and lawyer should have correct format to do this... No, you can't do that. Experience gained while working at an employer cannot be used to support the labor certification for that same employer.
In my particular case, I used equivalent education + experience (i.e., BS +5) and had the necessary skills from prior work experience. If you are truly MS+0, presumably you'd have to show coursework or similar. If you absolutely have to use your work experience to support your labor certification (e.g., because your course work isn't distinct enough), then you'll have to switch employers and have the new employer submit the LC.
you can mention in your employment letter that you've been working since 2 years and could attach an experience letter from them to highlight the fact.. This is definitely doable and lawyer should have correct format to do this... No, you can't do that. Experience gained while working at an employer cannot be used to support the labor certification for that same employer.
more...
go_guy123
01-20 12:24 PM
Short pass plays
WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)
Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.
The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.
There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.
- JZ
Rightly said all "Comprehensive" are a recipe for failures.
WEST COAST OFFENSE OVERVIEW (http://www.westcoastoffense.com/overview.htm)
Obama needs to stop Congress from doing the big comprehensive things and focus them on smaller and faster laws that help americans.
The current healthcare, climate change, immigration reform should be broken up in dozens of smaller bills. They will either pass or he can paint the republicans as siding with the Insurance companies to block access to healthcare for people with pre-existing conditions for example.
There are lots of parts in Healthcare, Energy, CIS, etc, that can pass right now and he should take a lead on that. Otherwise the base that voted for him in 2008 is not going to turn up in 2010.
- JZ
Rightly said all "Comprehensive" are a recipe for failures.
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Rockford
07-17 02:44 PM
--
I couldn't help post a reply. I was trying not to add to the buzy server traffic.
Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.
Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.
You will be proved biggest idiot when what you believe today is turned out to be wrong tomorrow. Who are you , a thread czar ?
If you don't like it, just move on.
That was an excerpt from some one then, but now I believe things are going south. Just don't make judgments about others without knowing every thing.
I couldn't help post a reply. I was trying not to add to the buzy server traffic.
Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.
Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.
You will be proved biggest idiot when what you believe today is turned out to be wrong tomorrow. Who are you , a thread czar ?
If you don't like it, just move on.
That was an excerpt from some one then, but now I believe things are going south. Just don't make judgments about others without knowing every thing.
more...
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jonty_11
11-02 10:51 AM
Folks,
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
GCisLottery,
Please read posts carefully, as nelsonagn has pointed out..
Please don't give wrong information so authoritatively :)
Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.
If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.
Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).
Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.
GCisLottery,
Please read posts carefully, as nelsonagn has pointed out..
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tnite
02-18 01:23 PM
Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
To deduct these expenses you need to itemize your deductions and for the year 2008 the new standard deduction is $10,900 for married couples filing a joint return , $5,450 for singles and married individuals filing separately and $8,000 for heads of household. link (http://www.irs.gov/newsroom/article/0,,id=174876,00.html)
The most important question you have to ask yourself is "Is your itemized deductions more than the $10,900"? If yes then go ahead and itemize it, otherwise you're well off using standardized.
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
To deduct these expenses you need to itemize your deductions and for the year 2008 the new standard deduction is $10,900 for married couples filing a joint return , $5,450 for singles and married individuals filing separately and $8,000 for heads of household. link (http://www.irs.gov/newsroom/article/0,,id=174876,00.html)
The most important question you have to ask yourself is "Is your itemized deductions more than the $10,900"? If yes then go ahead and itemize it, otherwise you're well off using standardized.
more...
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fuzzy logic
07-01 12:47 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
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laborpains
03-17 10:03 PM
First check with the school if they will allow you to attend on EAD. I'll like to know what you finally decide. I was in a similar situation 3 yrs back and decided to go part-time instead. Finished the program and my gc is still pending :(
Hope things work out well for you.
Hope things work out well for you.
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xmmx10
11-19 12:16 PM
Damn...I saw it was Apr 2007 for NSC and when I rechecked its back to Oct bulletin. What the hey...
For Nebraska:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
For Texas:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
Summary for I485:
Nebraska has processed most applications that it has had for 7 months (filed on or before April 14 2007).
Texas has processed most applications that it has had for 6 months.
Since 6 months is the target, Texas can be considered to be caught up, and Nebraska will likely have caught up next month.
For I485 that makes the visa bulletin the main issue.
For Nebraska:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
For Texas:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
Summary for I485:
Nebraska has processed most applications that it has had for 7 months (filed on or before April 14 2007).
Texas has processed most applications that it has had for 6 months.
Since 6 months is the target, Texas can be considered to be caught up, and Nebraska will likely have caught up next month.
For I485 that makes the visa bulletin the main issue.
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meridiani.planum
07-12 08:37 AM
I would suggest you push your application for premium processing for I-140 so that it would be approved in 30 days time now. Because you are in the 6th year of H1 you can do it. So in 30 days if you have 140 approved then you would know whether your priorty date is recaptured then go for I485 before 08-08-08 Sep bulletin date?
double-check with lawyer about the I-140 premium processing. My understanding is that you wont qualify for it since your PD is Feb 2008, and 6th year ends in March 2009. So come march 2009 you are eligible for 1 year h1 extension as your LC would be 365 days old. The current qualifying rule for I-140 premium processing indicates that its only for people who have no other way of getting an H1 extension (meaning LC is <365 days old at the point of expiry of current H1)
double-check with lawyer about the I-140 premium processing. My understanding is that you wont qualify for it since your PD is Feb 2008, and 6th year ends in March 2009. So come march 2009 you are eligible for 1 year h1 extension as your LC would be 365 days old. The current qualifying rule for I-140 premium processing indicates that its only for people who have no other way of getting an H1 extension (meaning LC is <365 days old at the point of expiry of current H1)
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delax
07-16 01:21 PM
this post is a great example of diplomatically writing a lot and actually saying nothing ... way to go!
I beg to disagree - I think if you read between the lines it is quite clear that potential solutions are being discussed. A solution may be announced but NOT within the 24 hrs that we all are expecting. It may lead to a deadlock in which case the lawsuit would be one of our recourse.
I think we all got a little carried away by the 24HR time frame from Core.
I beg to disagree - I think if you read between the lines it is quite clear that potential solutions are being discussed. A solution may be announced but NOT within the 24 hrs that we all are expecting. It may lead to a deadlock in which case the lawsuit would be one of our recourse.
I think we all got a little carried away by the 24HR time frame from Core.
BPforGC
10-15 12:28 PM
1. It goes to the mail room and stamped on the date it was received.
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
2. Goes through tagging, "A" number will be assigned, bar code and a cover sheet will be attached.
3. All of your pending petitions such as I-140s, priority date information, finger prints, name check, chargability country information will be loaded into your A-file.
4. USCIS has a system of tracking the A-files of the pending 485s and picks those who satisfies all these conditions for adjudication.
a) I-140 must be approved and no inconsistencies should be found related to your employer letter, residence, etc.
b) Priority date must be current otherwise VISA number file cannot be requested. The date when USCIS got your 485 matters very little here. Guys who sent their 485 after you may get ahead of you.
c) Your finger prints must be there along with medicals. Namecheck may be waived if you are past 180 days.
d) Then, if everything is fine, your file will be allocated to an Officer. Wait! it did not go to him yet. It may take upto 30 days for your file to go to the officer. By that time if priority date goes backward, you are back to square one.
e) Once it reaches the officer's desk, he can take upto 2 weeks to adjudicate it. When he enters your information, A-number and if VISA number is not available, it goes back to "pending VISA number availability" status. You are out of luck. Fortunately, USCIS can track these kind of cases separately and as soon as VISA numbers are available and priority date is current, they will adjudicate your 485.
Its like the flow chart for a COBAL the program, if 'yes' got to step 4, at step 4 "if answer is 'no', go back to step 1 and start over". Its an unending loop and if you can manage 4-5 'yes', you get your card.
So, many things can go wrong for people from India and China due to retrogression and adjudication of 485 is a matter of luck even if your priority date is current. A single issue can derail the whole process. It is also upto officer's discretion if he considers some information not complete and issue a RFE.
Its a messed up system. In my case, USCIS agreed that my work is on national interest and greatly benefit the country and my I-140 was approved under EB2-NIW. However, being from India, I need to wait another 5 years to get my green card. How ridiculous?
God save us.
---------------------------------------------------------------
All at NSC
EB1-EA: I-140 (4/3/2007; RFE-9/2/2008; pending)
EB2-NIW: I-140 (4/4/2007)- approved 8/7/2008
I-485 : 7/24/2007 - Pending
----------------------------------------------------------------
mmanurker
04-13 01:54 PM
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.
I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...
here is the old link from murthy.com:
MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)
here is another one:
MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)
LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.
About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.
Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
Bottom line seek legal advice from attorneys.
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.
I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...
here is the old link from murthy.com:
MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)
here is another one:
MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)
LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.
About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.
Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
Bottom line seek legal advice from attorneys.
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