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08-02 07:20 PM
Recently an undated USCIS draft memorandum surfaced. The Memo was offering administrative relief options to promote family unity, foster economic growth, achieve significant process improvements, and reduce the threat of removal for certain individuals present in the United States without authorization. Here is the entire memo for our readers to view:
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
Shortly after the memo leaked to the public the Immigration service had this to say:
�Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�
What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.
More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
Shortly after the memo leaked to the public the Immigration service had this to say:
�Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�
What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.
More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)
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eilsoe
09-28 12:54 PM
because digital drawing with the mouse is f****** hard...
nless u have a toned down piece of lineart beneath.. i'd love to own a wacom... it'd make things alot easier...
nless u have a toned down piece of lineart beneath.. i'd love to own a wacom... it'd make things alot easier...
pappu
04-19 02:19 PM
uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.
Sorry to hear that you waited for 2 years due to name check.
This is a very big hell hole for people when they apply for 485.
90% people who apply for 485 are lucky to not face this.
There are just so many issues we face in our immigration process and cause us pain. Our efforts in the upcoming immigration debate will help this issue. There are provisions like doing the entire 485 processing within 6 months we need to protect. Please join us and support us so that we can all get rid of our immigration sufferings.
Sorry to hear that you waited for 2 years due to name check.
This is a very big hell hole for people when they apply for 485.
90% people who apply for 485 are lucky to not face this.
There are just so many issues we face in our immigration process and cause us pain. Our efforts in the upcoming immigration debate will help this issue. There are provisions like doing the entire 485 processing within 6 months we need to protect. Please join us and support us so that we can all get rid of our immigration sufferings.
2011 Taylor Swift once remarked
krishnam70
05-04 06:39 PM
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
Employer is legally bound to pay for you fare. Get a quote from any airline agent and present the same to your employer for the fare. They are bound to cut you check for the amount or whatever is the cheapest fare (if they can find one for you). If this does not happen then report the employer to USCIS/DOL immediately so that you get a time bound response if you have plans to leave the country.
-cheers
kris
Plz reply me soon
Thanks
Employer is legally bound to pay for you fare. Get a quote from any airline agent and present the same to your employer for the fare. They are bound to cut you check for the amount or whatever is the cheapest fare (if they can find one for you). If this does not happen then report the employer to USCIS/DOL immediately so that you get a time bound response if you have plans to leave the country.
-cheers
kris
more...
vat
11-06 09:59 AM
Hello folks !
Let me present my case before you all.
I came to US on H1B visa in 2004 and then my previous visa expired in 2006 and I have extended that visa but do not have it stamped on my passport as because I have not left USA during this period.
Now, I have changed a job 3 montsh back and my new employer is doing the H1B transfer which is in process. I have received the "receipt number" but yet to get the documents back from USCIS.
At this time, is it possible for me to switch to another job without having the papers from USCIS on the basis of the receipt number alone ? Or do I wait for the papers to come back from USCIS before I can think of switching another job ?
An early response is appreciated...
Thanks
Let me present my case before you all.
I came to US on H1B visa in 2004 and then my previous visa expired in 2006 and I have extended that visa but do not have it stamped on my passport as because I have not left USA during this period.
Now, I have changed a job 3 montsh back and my new employer is doing the H1B transfer which is in process. I have received the "receipt number" but yet to get the documents back from USCIS.
At this time, is it possible for me to switch to another job without having the papers from USCIS on the basis of the receipt number alone ? Or do I wait for the papers to come back from USCIS before I can think of switching another job ?
An early response is appreciated...
Thanks
LegalIndianInUSA
09-11 10:29 PM
http://www.uslawnet.com/Englishhome/News/messages/234.htm
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
more...
smuggymba
05-16 12:35 PM
Hi,
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
u can leave and come back on H1 with new stamping..no problemo.
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
u can leave and come back on H1 with new stamping..no problemo.
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Ann Ruben
04-23 06:39 PM
This depends on the quid pro quo for the equity shares. Are they being given to you in exchange for a passive capital investment in the company or as compensation for work you have performed or are performing?
more...
sixburgh
08-04 09:31 PM
I am also in a similar boat, see my thread at http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599399-sharing-experience-h1-stamping-in-india-while-485-pending.html
Can a lawyer please comment on this?
Does using an H1 stamp to re-enter USA create any issues with my pending 485?
I do have an AP in hand too.
I too am working for the same employer who are helping me keep my H1 while 485 is pending.
Can a lawyer please comment on this?
Does using an H1 stamp to re-enter USA create any issues with my pending 485?
I do have an AP in hand too.
I too am working for the same employer who are helping me keep my H1 while 485 is pending.
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Matloob
08-30 02:28 PM
Please help me out here.
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
more...
bodhi_tree
02-21 10:55 AM
I am looking to accept a new full time position on H1b with a company other than my current employer. My current employer has offered me to continue with them on a partime basis with a concurrent H1 and I am looking to convert my current full time H1 into a part-time H1 and get the new company to file a new concurrent H1 petition for me for full time. There is no change in title or job description.
My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.
Would appreciate if someone knowledgeable would comment.
My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.
Would appreciate if someone knowledgeable would comment.
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aioros
06-14 09:05 PM
oh but that's half the point! i don't wanna hide it, i wanna expose it! :)
more...
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waitnwatch
10-04 01:44 PM
Just curious. Do you know of any reason why he might make way for someone else?
Or any reason why the next guy will be better than this gentleman. How about Sensenbrenner for Speaker? Think before you ask for your wishes may just come true.
Or any reason why the next guy will be better than this gentleman. How about Sensenbrenner for Speaker? Think before you ask for your wishes may just come true.
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sabgau
03-14 03:10 PM
Sorry to hijack your thread but I didnt want to start multiple threads on the same issue, along similar lines where can I find the actual law on H1B portability on I 140.
I have a offer but the immigration dept of the company says it cannot be done so I need to send them some documentation.
thanks
I have a offer but the immigration dept of the company says it cannot be done so I need to send them some documentation.
thanks
more...
pictures Taylor Swift (AP Photo)
gcgonewild
02-13 05:38 PM
My colleague's spouse was detained and questioned for 2 hours at EWR.
If you changed jobs, be sure to give the new set of docs. Give all the docs just the same as you (on H1) would. Including Recent paystubs and new employment letter.
This is getting way too far..
If they have a beef with H1s, they should take it with H1s.
If you changed jobs, be sure to give the new set of docs. Give all the docs just the same as you (on H1) would. Including Recent paystubs and new employment letter.
This is getting way too far..
If they have a beef with H1s, they should take it with H1s.
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mkiv
03-24 12:58 PM
Totally irrelevant to this forum. Administrator please review this thread.
I know this is irrelevant in a way but see it from a different angle for one moment. There is no other forum where you can get any information about these H1 employers who are playing games using retrogression. This is the only forum where most of the people on H1 are related to some desi consulting company and can share their experiences which would help other people who are in huge pain due to the unfair practices of their existing employers.
I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.
I know this is irrelevant in a way but see it from a different angle for one moment. There is no other forum where you can get any information about these H1 employers who are playing games using retrogression. This is the only forum where most of the people on H1 are related to some desi consulting company and can share their experiences which would help other people who are in huge pain due to the unfair practices of their existing employers.
I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.
more...
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yabadaba
04-22 01:17 PM
It means you are on your way to Greenland very soon!
Good luck
no it doesnt....check on ..there are so many people getting consecutive luds...but then they dont get approvals. in the end it means that its a new lud. someone accessed your case and the lud was either because some accessed it or it was a system generated lud.
i hope that eb2-june03-dude gets his green soon...but the lud doesnt mean anything
Good luck
no it doesnt....check on ..there are so many people getting consecutive luds...but then they dont get approvals. in the end it means that its a new lud. someone accessed your case and the lud was either because some accessed it or it was a system generated lud.
i hope that eb2-june03-dude gets his green soon...but the lud doesnt mean anything
girlfriend the infamous Taylor Swift
gc_on_demand
01-08 02:47 PM
Nothing positive? Check this out:
http://immigrationvoice.org/forum/showthread.php?t=22242
There were those who got their I-140 cleared under EB2 and were practically jumping with joy at the door closing behind them. Some were even taking credit for the move :)
Generally it doesnot help to stop line behind you. But here in USCIS world that may help as people from 2006 got GC before people from 2004-5 . If no people from 2006 were there may be 2004- 05 people may have got their card.
but if new administration makes USCIS to more productive ,closing door behind any one will not help.
http://immigrationvoice.org/forum/showthread.php?t=22242
There were those who got their I-140 cleared under EB2 and were practically jumping with joy at the door closing behind them. Some were even taking credit for the move :)
Generally it doesnot help to stop line behind you. But here in USCIS world that may help as people from 2006 got GC before people from 2004-5 . If no people from 2006 were there may be 2004- 05 people may have got their card.
but if new administration makes USCIS to more productive ,closing door behind any one will not help.
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TheCanadian
11-13 04:26 AM
Looks good to me :thumb:.
chintals
10-22 01:39 PM
My application is sent to NSC -> TSC -> VSC. I-485 is transferred back to TSC while AP and EAD are pending at VSC.
Details in signature.
Details in signature.
njboy
10-16 01:33 PM
Unless you serve in Armed Forces
Arkbird,
You cant get into the armed forces without a GC
Arkbird,
You cant get into the armed forces without a GC
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