Devils_Advocate
04-08 11:46 AM
Reliable information from my friend's lawyer says that the cap for this year is NOT reached in the 1st one week. I think this means all applications filed in first week will be processed.
Congratulations to all those who applied and hope their cases get approved
There was really no way it would have gone into a lottery this year, infact the interesting thing is for how long the filing will last this year.
Congratulations to all those who applied and hope their cases get approved
There was really no way it would have gone into a lottery this year, infact the interesting thing is for how long the filing will last this year.
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little_willy
07-22 05:21 AM
Yes. This can be done when applying for I-485. I don't know why, but couple of lawyers I spoke with, recommended this route.
sundarpn
08-06 05:28 PM
If one changes to a new employer after 180 days,
How much support (documentation etc) does he/she need from the ex-employer or the ex-employers attorney?
After 180 days, so I assume I'll have the receipt notice and hopefully EAD and AP (also have I-140 copy).
How much support (documentation etc) does he/she need from the ex-employer or the ex-employers attorney?
After 180 days, so I assume I'll have the receipt notice and hopefully EAD and AP (also have I-140 copy).
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gopi544
06-30 11:35 AM
Thanks for the quick replay,
So it means that if she dose not have the AP with her while she leave US, she can not use it.
Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.
Thanks again for the suggestion.
So it means that if she dose not have the AP with her while she leave US, she can not use it.
Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.
Thanks again for the suggestion.
more...
gc_chahiye
02-08 01:09 PM
This is wrong. If you go out of USA and come back after a gap of 1 year, then only u will get full 6 years. Other wise whatever your status is ( as L1, B1 etc ) that will count into H1 period
As far as I know B1 wont count against H1 time, though L1 will.
L2 and H4 used to count, but they were decoupled at the end of 2006, and time spent in those status dont count against your H1.
As far as I know B1 wont count against H1 time, though L1 will.
L2 and H4 used to count, but they were decoupled at the end of 2006, and time spent in those status dont count against your H1.
the_googly
03-25 05:05 AM
I recently applied and got my schengen visa. My case was pretty similar to yours. You should be able to use your AP document to apply for visa. They will also request you to show your travel itinerary. I do not see any problems if your return date on the travel itinerary is before your AP expiry date.
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Ann Ruben
05-14 04:27 PM
The most important issue is to insure that any USCIS notices come directly to you. If the RFE was sent to your address, that is a good sign. Technically, the G-28 is only for your legal representative, though sending one in as advised above would do no harm. You might also, or instead, send a letter signed by you and your wife advising that you are no longer represented and asking that all future correspondence be addressed to your home. I would then follow up with the National Customer Service Center to make sure they have correct information.
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rpat1968
09-22 11:05 AM
IV members who have got vague replies to SR request and also encoundered rude behaviour on with USCIS CSR's should share your experiences with whitecollarslave ...
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maximus777
08-13 03:39 PM
What would happen to those in EB3 but havent filed their 485 yet, or prospective EB3 applicants who havent filed for labor yet? Not all jobs or applicants qualify in EB1/EB2 category - to hell with them?? :confused:
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validIV
02-04 12:57 PM
Yea now I see your problem. When I applied for my F-1, my parents had not yet filed their I-140. Yours, on the other hand, has already been approved.
The worst thing that I can think of is changing status to F-1 is denied.
The worst thing that I can think of is changing status to F-1 is denied.
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sampath
04-17 09:21 AM
www.immigration-law.com
04/17/2006: CIS Ombudsman Recommends USCIS Director to Issue Multiple-Year EAD
USCIS has already enacted a regulation that allows the Service Centers to issue multiple-year EAD. However, this regulation has not been implemented by the USCIS because of its impact on the USCIS revenue. The Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads and that if impact on the revenue was the hangup for the failure to implement the published regulation which is a binding rule, the USCIS might consider raising the EAD application filing fees. Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. For instance, the February 2006 monthly immigration statistical report indicates that the total receipts of entire applications and petitions numbered 409,893, out of which EAD applications numbered 100,051, during one month in January 2006. It means one-fourth of total immigrantion benefits applications and petitions were taken by the EAD applications! This reporter strongly and without any reservations supports the Ombudsman's recommendation and justification! This reporter urges Dr. Gonzalez to implement the regulation as soon as possible.
The CIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD. Again, we strongly support this recommendation as well. For the memorandum of the Ombdudsman addressed to the Director of USCIS, please click here.
04/17/2006: CIS Ombudsman Recommends USCIS Director to Issue Multiple-Year EAD
USCIS has already enacted a regulation that allows the Service Centers to issue multiple-year EAD. However, this regulation has not been implemented by the USCIS because of its impact on the USCIS revenue. The Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads and that if impact on the revenue was the hangup for the failure to implement the published regulation which is a binding rule, the USCIS might consider raising the EAD application filing fees. Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. For instance, the February 2006 monthly immigration statistical report indicates that the total receipts of entire applications and petitions numbered 409,893, out of which EAD applications numbered 100,051, during one month in January 2006. It means one-fourth of total immigrantion benefits applications and petitions were taken by the EAD applications! This reporter strongly and without any reservations supports the Ombudsman's recommendation and justification! This reporter urges Dr. Gonzalez to implement the regulation as soon as possible.
The CIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD. Again, we strongly support this recommendation as well. For the memorandum of the Ombdudsman addressed to the Director of USCIS, please click here.
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chaukas
06-18 12:39 AM
I haven't filed 2006 return yet. does it matter ?
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krishmunn
08-10 08:54 AM
First, there is nothing called "sponsoring a visitor visa". You cannot sponsor . Every visitor need to qualify on his/her own.
If you mean sending an invite letter and copy of your H1 to show they are visiting you , it is fine.
If you mean sending I-134 -- Affidavit of Support -- the Affidavit has no legal value. If the visitors do not have enough liquid cash, they can say that you will fund the trip (and you can send your bank statements to prove). Anybody else (like your siblings in home country) can also fund the trip. If they have cash, best is to show that as source of their trip.
If you mean sending an invite letter and copy of your H1 to show they are visiting you , it is fine.
If you mean sending I-134 -- Affidavit of Support -- the Affidavit has no legal value. If the visitors do not have enough liquid cash, they can say that you will fund the trip (and you can send your bank statements to prove). Anybody else (like your siblings in home country) can also fund the trip. If they have cash, best is to show that as source of their trip.
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whitecollarslave
09-22 10:45 AM
I will be going to a USCIS roundtable on customer service on Sept 23.
I am being told that this roundtable is with other USCIS customers facilitated by USCIS staff. From what I know, the focus will be on customer service.
Did anybody else sign up for this?
If you have any comment/feedback/experience related to customer service that you want to share, please contact me.
I am being told that this roundtable is with other USCIS customers facilitated by USCIS staff. From what I know, the focus will be on customer service.
Did anybody else sign up for this?
If you have any comment/feedback/experience related to customer service that you want to share, please contact me.
more...
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Blog Feeds
07-20 04:00 PM
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. As of 07/16/10, USCIS receipted 30,154 petitions, toward the 47,000 beneficiaries target for the second half of the fiscal year. This count includes 28,539 approved and 1,615 pending petitions.
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
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I_need_GC
07-02 09:56 AM
You need to turn in all your I-94 cards, e.g. I-94 below the H1B approval notice, change of status. When you re enter the new I-94 card will have a new number so old ones if you kept would become useless. I would highly recommend that make copies of all your I-94 cards at I-485 they can ask you provide old I-94 cards Have seen cases where this has happened.
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kanshul
01-28 09:57 AM
You should not have any problem. Your status is "AOS" which depends purely on unadjudicated 485 applicaion.
You only need AP if you have to travel to US so you will not ahve any problems.
On the practical side though it is *ALWAYS* advisable to have AP ready in case of an emergency.
You only need AP if you have to travel to US so you will not ahve any problems.
On the practical side though it is *ALWAYS* advisable to have AP ready in case of an emergency.
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crazyghoda
06-18 09:37 AM
If they'd only "fix" the Social Security Card to be more secure, I'm sure you'd reduce much of the illegal employment. the way the SS card is designed right now, anyone could print out as many of these on his home printer.
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gcdreamer05
11-24 04:19 PM
We filed our 485 on July 2nd 2007 at Nebraska office � EB3 � July 7, 2001
- The case was shifted to Texas and we received notices from Texas office with receipt date of August 27.
- Our date is now current however processing at Texas is still stuck at June 27, 2007.
- Does this mean our RD is now 08/27/07 even though it was recd. at Nebraska on 07/02/07??
Unfortunately yes - RD Aug 27, you can confirm this by looking at your receipt notice that you got from your attorney.
- The case was shifted to Texas and we received notices from Texas office with receipt date of August 27.
- Our date is now current however processing at Texas is still stuck at June 27, 2007.
- Does this mean our RD is now 08/27/07 even though it was recd. at Nebraska on 07/02/07??
Unfortunately yes - RD Aug 27, you can confirm this by looking at your receipt notice that you got from your attorney.
lenkasz
01-13 06:46 PM
Hi,
I entered us on J-1 visa, then changed my status here to F-1. I went to school only for one semester, then I had to take off because of pregnancy, and later taking care of newborn twins. So, I had been out of school for 3 semesters. But my international student advisor told me I could still come back now without having to apply for reinstatement.
I don't know how he did it, but he said he had given me some extensions.
Anyway, i would like to travel home (Europe) after next semester. I know I willl have to apply for student visa over there to ba able to come back.
But might there be a problem either with obtaining that visa or here at the airport because I had been out of school for so long and have already kids who are american citizens. Their father is US citizen too, but we can not get married right now, as he is still not divorced.
Thank You
I entered us on J-1 visa, then changed my status here to F-1. I went to school only for one semester, then I had to take off because of pregnancy, and later taking care of newborn twins. So, I had been out of school for 3 semesters. But my international student advisor told me I could still come back now without having to apply for reinstatement.
I don't know how he did it, but he said he had given me some extensions.
Anyway, i would like to travel home (Europe) after next semester. I know I willl have to apply for student visa over there to ba able to come back.
But might there be a problem either with obtaining that visa or here at the airport because I had been out of school for so long and have already kids who are american citizens. Their father is US citizen too, but we can not get married right now, as he is still not divorced.
Thank You
for_gc
06-19 02:12 PM
Its quite likely that we may get some quick relief on alternate vehicles (bills) for minor things like the ability to apply I485 when the visa is not current. We should not count that out ... Not sure what boat you are in but I am waiting for applying my I485.
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