Saturday, June 25, 2011

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  • same_old_guy
    08-16 03:11 PM
    1) The company has to send a letter to USCIS to withdraw the I-129.
    2) It can withdraw at any time before or after approval. In fact it wont matter to you if you never work for the company.
    3) If USCIS rejects it, as in not selected in lottery, you will get back USCIS fee. If you withdraw it there is no refund. In any case, you dont get back lawyer's fee.
    4) Withdraw can be done anytime.
    5) No form. The company has to send a letter in letterhead stating the receipt number, asking to revoke the application.
    6) I dont think USCIS sends any confirmation if H1 is revoked by employer. In any case of H1, you dont have to worry so much. It's all responsibility of the company. It's perfectly valid to have more than 1 H1 at any time.




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  • chennaigc
    11-21 04:27 PM
    I have one question . What about the I-94 which comes with I-797 ? Can we use this as replacement?




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  • sanju_dba
    09-14 01:27 PM
    If you feel IV is our only hope/interpreter, then lets fuel it.
    We all know IV needs funds to operate and to drive our concerns.
    I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
    each ticket may be sold for $10 ,
    $10 x 20,000 tickets = 200k
    100k for IV , 100k can be split to top 10 winners.

    Please take your poll above.

    Experts can add suggestions to help it construct.




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  • lfadgyas
    05-20 09:15 PM
    I�m not a lawyer or attorney or anything official

    -So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.

    -L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;

    I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.

    -After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).

    -Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).

    I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.

    Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.

    Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.

    This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .

    If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
    Good luck



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  • gsiskind
    05-11 09:55 AM
    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.

    With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.

    As for your second question, you should be supplying that documentation with your I-485. If you're filing separately, then note the instruction giving you a choice. One document should not be better than another.

    As for processing times, generally estimate 60 to 90 days on employment cards.

    Regards,

    Greg Siskind

    Gregory Siskind, Attorney at Law
    Siskind Susser - Immigration Lawyers
    Telephone: 800-748-3819 or 901-682-6455
    Fax: 800-684-1267 or 901-339-9604

    Email: gsiskind@visalaw.com
    Web: www.visalaw.com

    Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message.




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  • VA2008
    09-25 11:56 AM
    Great find! I printed and posted it my office.



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  • chem2
    08-29 10:14 PM
    PAR: parolee




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  • BharatPremi
    07-18 04:31 PM
    THE TRUE answer seems to be "Nobody (even USCIS) knows".



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  • dionysus
    01-28 08:31 PM
    I just applied for a PIO card for my daughter. I did not even know that there was any other option available.




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  • sumansk
    09-28 04:44 PM
    Its not ata ll meaningful....I just hate to see no order of processing taking place...still many guys with older filing dates waiting and guys filing as late as a week back gettign their receipts...system any where sucks man..
    GOD REALLY NEED TO BLESS AMERICA....



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  • mnq1979
    05-21 03:10 PM
    You have to get it from your prospective permanant employer. If you have intention of working for your past employer after you get GC, that would be it,
    If you've made decision to work for your current employer on Permanant basis then that would be it..
    It's not good or bad.. just keep it simple

    hmmm well then lets say if i send the letter from my employer who sponsored me for my green card? how long do i have to work for him liek when can i change my employer after gettign GC?




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  • h1bmajdoor
    07-08 10:14 PM
    India govt will not involve in USA internal matters.Idea was floated long back by few members and core team responded to it.

    this is BS.

    The interests of indian citizens resident in the USA (all decent taxpayers) are not being taken care of by the US political system. There is a clear pattern of exploitation by employers and neglect by CIS, FBI and others.

    In this situation, the interests of Indian citizens should be taken up by the Indian parliament. If they want to shy away from their duty, it should be taken up by the UN.



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  • yabadaba
    06-22 02:54 PM
    bump up




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  • singhsa3
    04-30 05:11 PM
    All,
    I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly help me develop a model. I will send this letter over the weekend and also post over here.

    So far I have the following rational (Of course , I will word them properly).

    I have grouped applicants in the following groups
    BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.

    Facts

    1. Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
    Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
    2. Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
    3. FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
    4. Per FLC data, 46,340 ROW PERM applications were certified in FY’06 and 47,251 ROW applications were certified in FY’07.

    Assumptions
    1. Each labor application uses in 2.2 visas.
    2. Based on Fact 1 and Fact 2, let us assumed that in total 180,000 BEC labors were certified between March'05 and Sep'07 by BEC.
    3. Total BEC visas requirements 180,000*2.2= 396,000
    4. NIW applications are negligible.
    5. Retrogressed countries account for 50% of visas used.


    Calculations
    Scenario 1: Visa processing time is Zero
    1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20173
    2. BEC visas issued in FY'07 : 135,459-(47,251+6000)x2.2=18,306
    3. BEC visas remaining as on 10/01/08= 396,000-20,173-18,306= 357,521

    Scenario 2: Visa processing time is one year. Note: it affects only the applications certified within the preceding year.
    1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20,173
    2. BEC visas issued in FY'07 : 135,459-(6000)x2.2=122,259
    3. BEC visas (And NOT labor) remaining as on 10/01/08 = 396,000-122,259= 273,741.

    What it means:
    BEC contained labors from both retrogressed and non-retrogressed countries. Thus, in FY’08 and FY’09 visa consumptions will be attributed to BEC mainly. Once this backlog is cleared, the normal consumption (Supply = Demand) should resume. But it will also mean that there will always be 2-3 years wait.

    Conclusion:
    Suggested Cut-off dates for India as on 10/01/2008: ??? TBD.
    Last update:
    Time 11.32 AM ET , 05/01/08.



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  • va_217
    01-08 01:42 PM
    they even do interviews for them to get the job and pay less to the consultant




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  • Munna Bhai
    12-17 01:47 PM
    Sorry I was away from my computer for a while.

    Thanks for all your help Guys.
    We are talking to Lawyer, Murthy law today.

    It's an employment based.
    This case of I-485 is 2004.
    We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.

    Hope Lawyer comes out with something.

    THank you all
    Great help and moral support from all of you at Immigration VOice.

    Please be prepared..just think of various reason and prepare accordingly.Everything will be fine.



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  • mygc2006
    04-08 11:55 AM
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  • gcformeornot
    04-30 09:21 AM
    out... that's from yesterday....




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  • pasupuleti
    05-11 01:36 PM
    Good Job:). I heard your conversation. Thanks for making our case.




    doubleyou
    05-18 01:22 PM
    Congressional Reply says that the applicant is pending completion of background check. Previous congressional reply was that the name check is completed.

    AILA is not getting any response from USCIS as per the lawyer.

    How to check on the status of background check.




    optimist578
    11-19 09:56 AM
    Hello All,

    I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?

    Can I continue on my EAD? If yes, How?
    If I transfer to F-1, what will happen to my PD, EAD and AP?
    After completion of studies, can I utilize my PD or EAD?


    Please advice!

    I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.



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