rvr_jcop
04-29 01:26 PM
Hello,
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
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eb3retro
09-15 01:39 PM
Please update your profile.
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
slc_ut
09-02 04:48 PM
I've received this letter from DOL by mail. I think this is in response to the fax that i sent through IV a while ago. I am posting the contents of the letter here.
U.S. Department of Labor
Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Aug 28 2006
<My name here>
<My address here>
Dear Mr. <My name here> :
Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.
We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.
Sincerely,
<Signature here>
William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification
U.S. Department of Labor
Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Aug 28 2006
<My name here>
<My address here>
Dear Mr. <My name here> :
Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.
We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.
Sincerely,
<Signature here>
William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification
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franklin
06-26 10:22 AM
That is not entirely true. Websites like Indymedia are NOT the same as the Fox News Network. This organization is the new equivalent of MoveOn.org.
When I have taken the effort to tell people the real issues at hand with the legal immigration reform needed, they DO CARE.
Indymedia is effectively a news blog run by an organization with liberal, activiist sensibilities.
We must remain open minded and creative when thinking of other avenues to spread the word. A very quick look at the site and they show TREMENDOUS support for immigration rights.
When I have taken the effort to tell people the real issues at hand with the legal immigration reform needed, they DO CARE.
Indymedia is effectively a news blog run by an organization with liberal, activiist sensibilities.
We must remain open minded and creative when thinking of other avenues to spread the word. A very quick look at the site and they show TREMENDOUS support for immigration rights.
more...
gc_kaavaali
05-07 12:19 PM
Gurus ?? any idea ???
patriot01
09-25 02:20 AM
I am kind of in the same situation...But, I don't know if the status means what it says.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.
Thanks in advance.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.
Thanks in advance.
more...
anoop4real
11-23 02:13 AM
Hi,
My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.
Thanks,
-Anoop
My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.
Thanks,
-Anoop
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raysaikat
07-27 08:04 PM
Does it mean that if she graduates before the I-485 is approved, she cannot work? Or can she accept employment on the green card EAD even though the I-140/I-485 are pending. What will be her status during that period?
By filing I-485, she is no longer in F-1 status; she is in AOS. I believe that she cannot get OPT. She can work without any restriction by using her EAD (as long as it is valid).
By filing I-485, she is no longer in F-1 status; she is in AOS. I believe that she cannot get OPT. She can work without any restriction by using her EAD (as long as it is valid).
more...
sushilup
10-23 09:09 AM
anyone????????????????
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shreekhand
02-22 09:33 AM
:) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.
more...
neeidd
11-10 04:03 PM
Could you check and see if your subscription has expired.
Where do I look for that in my profile?
Thanks
Where do I look for that in my profile?
Thanks
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when
06-22 03:38 PM
Hi theshiningsun
I am interested in applying for the EB5 visa as well.
I need one advice from you though, which financial institution are you using to bring you funds over?
I would, please , like to have some refferals
Thank You
Regards
when
I am interested in applying for the EB5 visa as well.
I need one advice from you though, which financial institution are you using to bring you funds over?
I would, please , like to have some refferals
Thank You
Regards
when
more...
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immigration1111
08-12 10:51 PM
Could anyone please respond to this???
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jonty_11
07-24 05:20 PM
I am not sure if Attorney is allowed to sign on place where it says : "APPLICANT"
u may have to give written permission/Notarized for that...
By signing Form G28, u are only authorizing the attorney to represent u in this case...not sign for u.
u may have to give written permission/Notarized for that...
By signing Form G28, u are only authorizing the attorney to represent u in this case...not sign for u.
more...
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bhagat69
04-23 12:24 PM
My employer is refusing to give me EB3 I-140 copy so I am stuck. Can I not port from EB3 with old employer to EB2 with new employer without copy of EB3 I-140 COPY.. It is a huge firm and they say it's against company policy to give me even a photocopy of the document, please advise.
Also, I am not planning to quit the old firm just file a new EB2 labour with new firm. I do not have copy of old I-140 for EB3, is there anyway I can still port my PD from EB3 to EB2. I do not want my old employer to find out about this. Is this possible ?
Also, I am not planning to quit the old firm just file a new EB2 labour with new firm. I do not have copy of old I-140 for EB3, is there anyway I can still port my PD from EB3 to EB2. I do not want my old employer to find out about this. Is this possible ?
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ravi98
06-25 11:24 AM
For members doing the Calculations..............
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
more...
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h1techSlave
11-04 10:36 AM
Largest proportion of Tennesseans wants illegals to leave the country (43%). Another 22% says, "such individuals should be allowed to stay in their jobs, but only as temporary guest workers ineligible for U.S. citizenship".
Only 29% says "such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship".
An interesting survey showing 51% of voters in one of America's most politically conservative states favor legalizing illegally present immigrants in one form or another:Tennesseans appear ambivalent about how best to deal with illegal immigrants currently working in the United States. The largest proportion (43 percent) says such illegal immigrants should be required to leave their jobs and leave the country. But the next largest proportion (29 percent) takes the opposite view, saying such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship. Finally, another 22 percent say such individuals should be allowed to...
More... (http://blogs.ilw.com/gregsiskind/2009/11/most-tennessee-voters-favor-legalization-of-illegally-present-immigrants.html)
Only 29% says "such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship".
An interesting survey showing 51% of voters in one of America's most politically conservative states favor legalizing illegally present immigrants in one form or another:Tennesseans appear ambivalent about how best to deal with illegal immigrants currently working in the United States. The largest proportion (43 percent) says such illegal immigrants should be required to leave their jobs and leave the country. But the next largest proportion (29 percent) takes the opposite view, saying such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship. Finally, another 22 percent say such individuals should be allowed to...
More... (http://blogs.ilw.com/gregsiskind/2009/11/most-tennessee-voters-favor-legalization-of-illegally-present-immigrants.html)
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GoGetGC
02-19 09:49 AM
Hello,
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
Can you please suggest if i can file now or is there really a timeframe before we file?
Sorry forgot to mention, I have approved I140.
Thanks for your time and suggestion!
GoGetGC
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
Can you please suggest if i can file now or is there really a timeframe before we file?
Sorry forgot to mention, I have approved I140.
Thanks for your time and suggestion!
GoGetGC
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cr125rider
04-24 10:37 PM
That one is cool!
gckidhamal
02-28 06:59 PM
Hi guys,
My PD is current and my I-140 approved. I received below RFE on my pending I-485 related to my name listed differently on documents.
RFE words are listed below.
NAME DIFFERENCE:
Submit documentary evidence to establish that Pravin Bhalla, Pravinkumar Bhalla and Praveenkumar Bhalla are the same person. The most persuasive evidence is photo identification in each name. If the last name is different due to marriage, submit the marriage certificate. Note: Affidavits will not be considered primary evidence.
I don't have a lawyer for my I-485. Any help on how to answer this REF will be great help.
Thank you in advance for your response.
My PD is current and my I-140 approved. I received below RFE on my pending I-485 related to my name listed differently on documents.
RFE words are listed below.
NAME DIFFERENCE:
Submit documentary evidence to establish that Pravin Bhalla, Pravinkumar Bhalla and Praveenkumar Bhalla are the same person. The most persuasive evidence is photo identification in each name. If the last name is different due to marriage, submit the marriage certificate. Note: Affidavits will not be considered primary evidence.
I don't have a lawyer for my I-485. Any help on how to answer this REF will be great help.
Thank you in advance for your response.
lorebarba27
07-30 02:33 PM
I saw in some forums that the O�Net Code was revised down grading the Specific Vocational Preparation level of most IT jobs to greater than 2 years and up to and including 4 years.
In this way, I read that the key to apply under EB2 is only being �Research� : research into fundamental computer and information science.
Can I be a Software Engineer/Researcher?
Please advise, I am lost
Thank you
In this way, I read that the key to apply under EB2 is only being �Research� : research into fundamental computer and information science.
Can I be a Software Engineer/Researcher?
Please advise, I am lost
Thank you