Saturday, June 18, 2011

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  • rolrblade
    04-03 11:55 AM
    18.
    Regulations
    Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
    Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.

    I wonder what the AC21 rule revision is going to be?





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  • WillIBLucky
    12-11 01:17 PM
    Yes I wont be surprised if they come up after 2 years saying "all applicants who already have approved i-140(and retrogressed) should refile to verification and should be filed in "Premium Processing Only"......Hmm thats a juicy amount for the administration.





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  • mirchiseth
    06-17 12:19 AM
    Update: I got the fingerprinting or ASC notice for both of us. So it seems things are moving.





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  • lazycis
    12-14 08:15 AM
    There is a clear guideline and it's written in the INA (Tiitle 8 USC 1153). You are correct that is goes from EB1-EB2-EB3 and that unused numbers are lost at the end:
    http://www.law.cornell.edu/uscode/html/uscode08/usc_sup_01_8_10_12_20_II_30_I.html

    (b) Preference allocation for employment-based immigrants
    Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
    (1) Priority workers
    Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
    (A) Aliens with extraordinary ability
    An alien is described in this subparagraph if�
    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
    (iii) the alien�s entry into the United States will substantially benefit prospectively the United States.
    (B) Outstanding professors and researchers
    An alien is described in this subparagraph if�
    (i) the alien is recognized internationally as outstanding in a specific academic area,
    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
    (iii) the alien seeks to enter the United States�
    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or
    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
    (C) Certain multinational executives and managers
    An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien�s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
    (B) Waiver of job offer
    (i) National interest waiver Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien�s services in the sciences, arts, professions, or business be sought by an employer in the United States.
    (ii) Physicians working in shortage areas or veterans facilities
    (I) In general The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if�
    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician�s work in such an area or at such facility was in the public interest.
    (II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 1154 (b) of this title, and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 1255 of this title, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 1101 (a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
    (III) Statutory construction Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 1154 (a) of this title, or the filing of an application for adjustment of status under section 1255 of this title, by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
    (IV) Effective date The requirements of this subsection do not affect waivers on behalf of alien physicians approved under subsection (b)(2)(B) of this section before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under subsection (b)(2)(B) of this section prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to subsection (b)(2)(B) of this section except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 1101 (a)(15)(J) of this title) before a visa can be issued to the alien under section 1154 (b) of this title or the status of the alien is adjusted to permanent resident under section 1255 of this title.
    (C) Determination of exceptional ability
    In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
    (3) Skilled workers, professionals, and other workers
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    (i) Skilled workers Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
    (ii) Professionals Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
    (iii) Other workers Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
    (B) Limitation on other workers
    Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
    (C) Labor certification required
    An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182 (a)(5)(A) of this title.



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  • sac-r-ten
    06-22 10:27 AM
    nothing in advice/suggestion, just wishing you good luck with your endeavour.





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  • vijaysammeta
    08-07 03:38 PM
    Could someone live in the US on a H4 visa and work remotely for a canadian company, travel back and forth for business, all the while maintaining the H4 in the US? Of course the work in Canada would be based on a temporaray work status in Canada. What legal hassles would this create if any? Any comments. This may be a useful scenario for spouses stuck on H4 due to retrogression (no EAD, finished 6 years on H status). Anyone care to comment?



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  • Life2Live
    07-12 02:53 PM
    One of my friend got EAD 2 year back even though his priority date was not came. Ofcourse this was even b4 this mess created USCIS. He was still using his H1 till couple months back, he is afraid of USCIS may roll back his EAD since PD is not yet reached.

    I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.

    I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....

    Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D





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  • rajenk
    03-24 07:04 PM
    I also did switch job back in July 08. Immediately after the switch the new company had sent all documents necessary for AC21 with the help of their lawyer. USCIS have reviewed my application in October and in February for pre-adjudication. How I am sure about that is because in Feb my wife got an RFE for Medical and mine was fine. Unless the primary is fine they will not touch dependent.

    So here is what you should do.

    1. Contact your current company lawyers.
    2. Educate them what AC21 is, I guess there was an updated AC21 Memo in May 08. My lawyer included the whole memo highlighting the clause under which I am eligible to switch job (Same or similar , I was a Senior Software Engineer, now I am Software Engineer IV, each company has its own classification).

    3. Submit EVL (Employment Verification Letter) from your current employer.

    4. Submit a letter explaining your eligibility for AC21.

    *****Very important******

    5. Submit a G28 (Change of representation) for you and all your dependents. Along with that submit the AC21 documents only then the AC21 documents will reach your file. The same is recommended by attorney Murthy.

    *****Very important******

    <EDIT>

    Forgot your RFE in the first submission. You can include all of these as a RFE response.

    </EDIT>


    You should be all fine then. In my experience and what people had seen it is best to report it.

    Good luck.:)



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  • kriskris
    04-05 11:55 PM
    My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.

    After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.

    What could be the reason for this RFE? Is it common?

    Did you move to a different state?





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  • Lasantha
    11-07 02:09 PM
    Dude !!

    FYI,

    France <> Europe

    Thanks for sharing your deep rooted pessimism, though

    Keep up with your mission.. it helps :D

    Cheers

    I think he was only trying to help. No need to be mean.



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  • rani77
    02-07 11:52 AM
    My employer applied in PP and it was approved. details are give below.

    Date of mailing -1/23( i presume must have used Fedex overnight)
    Date of recipt/acknowledgement- 1/24
    Date of approval- 2/4( online)
    Date of approval email sent - 2/4

    The only hitch was that they applied for 3 years extension based on 140 approval and even thougt 485 is filed the PD is not current,but got approval for 1 year only . The problem here i think is that i am completing 5 years oh H1B in feb 2008 so they extended only for 1 year till feb 2009 . Anyway that what you get when u ask your HR to file rather than have an attorney file ot handle the case. I had requested them to have an attorney handle the case but they gave me assurances that they will handle it and will do it in PP. Now i am sure they are repenting as i dont expect my GC approval for next 2 ot 3 years and now they got to shell out 1500 buck for extension every year or atleast for the next year when they retry for a 3 year extension in feb 2009.i had a word with my HR she said she is going to inquire with USCIS and discuss the case with attorney on what ground they offered one year extension and not 3 year





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  • kdprasad
    07-10 09:19 PM
    My Guess is that NSC is already holding them up and only TX started rejecting the first day filers hence USCIS HQ ordered TX only to hold them.



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  • Ram_C
    03-03 03:37 PM
    How long is it taking for renewing passport at San Francisco?

    I submitted my passport renewal application by hand on 25th Feb, and got a pickup date of 17th Mar.
    looks like SFO is bit slow in processing passport renewals.





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  • GCplease
    07-19 11:22 AM
    GCPlease - I am also in the same boat! RFE not yet received but looks like it could be for the photos. Its been over 8 days now. I did not get a notice for biometrics. It could be because we did our 485 biometrics just 8 months ago. Perhaps they will just use that.

    Should I just send the photos in and see what happens without waiting for the actual RFE? Where did you send the photos? Same address as the docs that you sent?

    Thanks,

    gchopes



    wait for 15 days since USCIS said they sent you the rfe. After that you can call uscis at the # they have in the EAD Receipt they sent you, and you can open a Service Request for non delivery of the RFE. There is a 15 day rule. if you call earlier, they are not gonna entertain you. I got my RFE after 3 days I opened the SR.

    But call immediately after the 15 days because the time limit for you to send the rfe is 33 days and this clock starts from the time they say they have sent you the rfe (which you may have recived in an email notification or the online status). They did not extend this time period for me due to non-delivey.

    The RFE they sent had the address we need to send the response. I think it was a different address.

    The above said information is based on my experience. It may be be different with each case. you know how uscis is. just use it as a guideline.



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  • GCapplicant
    06-15 05:09 PM
    Hi guys,
    You can even go to Newark : Dr. Saurabh C. Patel, Universal Industrial Clinic
    168 Edison Place, Newark, NJ 07105
    (973) 344-2929

    They charged 375

    Walk in -It took 3 hours.





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  • Berkeleybee
    04-13 11:39 PM
    I am inches away from either creating a Therapy sub-forum or asking you lot to take the venting and therapy posts to Immigration Portal.

    Please lets keep IV's forums for constructive conversations about our agenda -- breaking news on legislation, upcoming actions, broadening support for our activities.

    It really shouldn't be Immigration Portal Version 2 where everything and anything goes.



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  • kumarc123
    11-24 10:31 AM
    Listen,
    What difference does it make if it is EB@ or EB3, the point is, we should stand UNITED we all benefit. If the recapture visa bill passes, then we all will benefit.


    Please don't post any more viewpoints stating " I wont fight"

    It is your loss and everyone's . If you choose to step out of IV and fight all by yourself, I wish you all the best.

    We senior members have been fighting for the greater cause, it for you junior members to carry this forward. The foundation of IV has to be strong, it has been strong.

    IV has not patience for people who want to discriminate between EB2 or EB3, we need people who see a broader perspective of things, EB community as a whole.


    If the recapture visa bill passes, think we all will benefit, will we still question about EB2 or EB3.


    Please be wise and be patient, we need everyone to change this system





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  • nfinity
    06-14 04:49 PM
    Are the amendments related to EB relief or visa quota in?





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  • desi3933
    03-18 03:26 PM
    .....
    ....
    Are H1 is Really in a speciality Occupation?
    When we apply 1st time they are asking all the documents which is fine.
    When we apply Extension they are asking all the details with Paystubs,client letter.
    When we apply Transfer they are asking all the details with Paystubs.

    1. Read this pdf. http://www.uscis.gov/files/article/E1eng.pdf This should answer your questions on H-1B
    2. Documents are needed to demonstrate that offered job is of specialty occupation and the beneficiary meets job qualification. It also has checks for employer who is offering H-1B job.
    3. Pay stubs are needed so as to prove that beneficiary is maintaining valid H-1B status when another H-1B petition is filed.
    4. Client Letter is needed so that Employer (petitioner) can demonstrate that the proffered position qualifies as a specialty occupation, or that the petitioner has complied with the terms and conditions of the LCA.


    ....
    Unless theyUSCIS) make a rule like H1 can work for any employer we suffer a lot and feel like slaves which is bad.....

    H-1B is not for any job. The job must meet requirements for H-1B. Read the pdf mentioned above.

    I am sorry that you feel like sl***, but you do have option of changing the job if you don't like current job and you feel like s****.

    Thanks for sharing your "sad" story!


    ________________
    Not a legal advice.





    americandesi
    04-23 02:43 PM
    I think we are confusing multiple issues here. Once the 6 month period is over where the I-140 is approved and the I-485 is pending for 180 days it does NOT matter if the employer revokes the I-140 or not. You are good to go! (Unless ur a classified terrorist or a criminal).



    United Nations is right. Let’s say that there’s an employee with an approved I-140 + pending I-485 who switches his job using AC21 after 180 days. Now there are 2 possibilities here

    1) Employer revokes I-140 (AC21 applicable here)
    2) USCIS revokes I-140 (AC21 not applicable here)

    Employer revokes I-140: In this case unless the employee had filed AC21 papers, I-485 is most likely to be denied as USCIS doesn’t have any record that the beneficiary still has similar or same job offer. Hence its advisable to file AC21 well in advance in such situations.

    USCIS revokes I-140: At times USCIS might revoke a previously approved I-140 if the employer fails the “Ability to pay” test for all pending GC applications. This is more dangerous as the bonafide nature of the previous I-140 approval is in question now. Refer one of my old threads below on this topic.

    http://immigrationvoice.org/forum/showpost.php?p=230209&postcount=9

    Such a situation can be avoided if the employer himself withdraws the I-140’s of ex-employees so that he’s no longer burdened to prove ATP for all pending GC applications.





    GCAmigo
    02-08 09:48 AM
    Does anyone know when March bulletin comes out...
    anyway you can check this link..
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html



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