schrodinger
08-10 11:13 PM
This is def not right...I checked out the 'News' section (see link below) on the website which published the bulletin...how come they have published only the Sept bulletin and NOT any other month's bulletin....
Pederson Immigration Law Group, P.C. - News (http://www.usvisainfo.com/content/category/1/1/31/)
Pederson Immigration Law Group, P.C. - News (http://www.usvisainfo.com/content/category/1/1/31/)
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freedom_fighter
07-02 01:37 PM
New Traps for Aliens Filing for a Green Card (http://www.rreeves.com/articles/immigration_en_10575.php)
chanduv23
02-23 02:11 PM
Chandu, my question is not whether HR dept can handle it properly or not.
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
EAD IS NOT A STATUS. EAD is given because you filed 485 and you are pending AOS, so you are permitted to stay till a decision has been made
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
EAD IS NOT A STATUS. EAD is given because you filed 485 and you are pending AOS, so you are permitted to stay till a decision has been made
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lacrossegc
07-20 05:39 PM
Dude .... before you start bashing Dems ... they did NOT vote against the amendment.... they voted against the Budget Act waiver, Thanks best_mode for your clarification ... it makes sense ..
Just wait.
Once I become the citizen I will work on defeating these Senators that voted against SKIL.
If you met any of these senators and at that time they showed hollow symapthy to you, it is time to go and meet them and hold their feet to the fire. Tell them how they lied to you and how you are disappointed.
Just wait.
Once I become the citizen I will work on defeating these Senators that voted against SKIL.
If you met any of these senators and at that time they showed hollow symapthy to you, it is time to go and meet them and hold their feet to the fire. Tell them how they lied to you and how you are disappointed.
more...
eb3_nepa
10-10 04:49 PM
Here is what I dont understand..
245(i) cases are supposed to be hindering forward movement of EB3 cases because of Apr 2001 deadline. I would guess that majority of those cases are from Mexico (I am sure there are some from India as well). Now if that is true, then how come Mexico dates have moved to the month of May 2001 while India EB3 is stuck in April 2001 for the last so many months?
Just wondering..
This question has been bugging the HECK out of me as well. I mean the only way this makes sense is if 245(i) + EB3 for India >> 245(i) for Mexico. Now from all that i have read/heard/seen, it seems like 245(i) is the major hurdle. Then how is it that EB3 India is stuck and everyone else is moving? The above equation must mean that there is a SIGNIFICANT number of 245(i) cases from India as well. Any thoughts anyone? :confused:
245(i) cases are supposed to be hindering forward movement of EB3 cases because of Apr 2001 deadline. I would guess that majority of those cases are from Mexico (I am sure there are some from India as well). Now if that is true, then how come Mexico dates have moved to the month of May 2001 while India EB3 is stuck in April 2001 for the last so many months?
Just wondering..
This question has been bugging the HECK out of me as well. I mean the only way this makes sense is if 245(i) + EB3 for India >> 245(i) for Mexico. Now from all that i have read/heard/seen, it seems like 245(i) is the major hurdle. Then how is it that EB3 India is stuck and everyone else is moving? The above equation must mean that there is a SIGNIFICANT number of 245(i) cases from India as well. Any thoughts anyone? :confused:
srt57
02-09 07:32 PM
The requirements for the position shouldn't exceed SVP time levels for the job zone to which the position code belongs - that's all I know. If the position code falls under zone IV or V you can require MS.
I still don't understand how BS+5 qualifies for EB2. If the position code falls is in zone V, BS+5 (7 years of SVP) would be a "normal" requirement, but isn't EB2 only for people with advanced degrees AND positions that require the advanced degree?
I agree with your reasoning. BS+5 seems excessive for EB2 purposes. However, my lawyer also said it is acceptable if the position was a senior level one, eg. Sr Software Engineer. I don't quite understand how she arrived to that conclusion, that's why I'm asking on this forum in the hope that some of the folks on here who have had their PERM labor certification approved under EB2 even though their occupations were Jobzone 4 or SVP 7 <8 would share their experience and stories.
I still don't understand how BS+5 qualifies for EB2. If the position code falls is in zone V, BS+5 (7 years of SVP) would be a "normal" requirement, but isn't EB2 only for people with advanced degrees AND positions that require the advanced degree?
I agree with your reasoning. BS+5 seems excessive for EB2 purposes. However, my lawyer also said it is acceptable if the position was a senior level one, eg. Sr Software Engineer. I don't quite understand how she arrived to that conclusion, that's why I'm asking on this forum in the hope that some of the folks on here who have had their PERM labor certification approved under EB2 even though their occupations were Jobzone 4 or SVP 7 <8 would share their experience and stories.
more...
gc_dedo
09-22 06:00 PM
This is scheduled on 9/24
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
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vinodmp
02-11 11:45 AM
OK. I received the Denial letter today and below is the extract from it.
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
more...
sertha1
06-25 03:04 PM
Did you had the paystubs or the immigration officer did not ask for it?
What did you mentioned at line # 30 and # 38 of DS-156?
How long was your wife out of status? Please respond. I am unable to get the paystubs from the employer. He is not picking up the phone.
One of my Friend's Wife had same issue and She got H4 stamping from her country with out any problem. Visa officer asked paystub/w2's of spouse (H1b holder) and not dependent's and least bother about her previous status. Do not attach her H1b document while applying Visa.
What did you mentioned at line # 30 and # 38 of DS-156?
How long was your wife out of status? Please respond. I am unable to get the paystubs from the employer. He is not picking up the phone.
One of my Friend's Wife had same issue and She got H4 stamping from her country with out any problem. Visa officer asked paystub/w2's of spouse (H1b holder) and not dependent's and least bother about her previous status. Do not attach her H1b document while applying Visa.
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johnggberg
07-18 04:00 PM
dude you dont get this kind of oppertunities again and again, do a register marriage and get her on h4 and apply for 3rd stage
dont miss this oppertunity
dont miss this oppertunity
more...
lost_in_migration
05-15 08:30 AM
/\/\/\
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texanmom
08-15 10:31 AM
From everything I've read before, it is safe to stay with the sponsoring employer for at least 6 mos.
There have to be extenuating circumstances to leave earlier than that, and be prepared to elaborate during the citizenship interview.
There have to be extenuating circumstances to leave earlier than that, and be prepared to elaborate during the citizenship interview.
more...
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gcseeker2002
12-06 12:00 PM
^^^^ bump ^^^^
^^^^ bump ^^^^
^^^^ bump ^^^^
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lakshman.easwaran
07-01 09:46 PM
Does anyone know whether hard copy of Labor approval is required for filing Form 1-140. My Labor status shows certified, but my lawyer is conveying that they have not received my hard copy of approval to process Form I-140 and 485. Can some one tell me if we can take a print out of Labor approval from online status and use it for filing 140.
more...
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pbojja
05-22 04:45 PM
yes, this whole debate is useless anyway, since there's no meaning to those dates, maybe just for extreme cases, that are delayed even beyond the usual unreasonable delay.
If you manage to get your employer to get a SR open for you on the I140, chances are, you'll get your I140 approved before you'll get any response to the SR, since USCIS takes that ridiculous 45 business days to respond.
SR are next to useless , If you ever expereince SR , you will never think about it again
If you manage to get your employer to get a SR open for you on the I140, chances are, you'll get your I140 approved before you'll get any response to the SR, since USCIS takes that ridiculous 45 business days to respond.
SR are next to useless , If you ever expereince SR , you will never think about it again
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EkAurAaya
05-14 05:20 PM
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
more...
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belmontboy
03-19 05:49 PM
I-94 form does not have any such thing.. But DS-156 and 157 might have.. so if the guy goes and does not apply for a visa he shud be fine i think...
The immigration and customs from that airline gives you has.
The immigration and customs from that airline gives you has.
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gc_kaavaali
05-21 01:03 PM
I don't know about that...is it true that i can get interim EAD after 90 days???
cant you get an interim EAD after 90 days...
cant you get an interim EAD after 90 days...
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nc14
09-22 04:16 PM
Let's give it our best shot folks. Please do this for yourself.
Called all, irrespective of support for this bill.
In Tamil, there is a proverb.
" Try to move the mountain by hair. If it succeeds , we moved the mountain.
If not , only .... ".
Keep calling friends. Just throw the stones. Don't worry about the results.
Called all, irrespective of support for this bill.
In Tamil, there is a proverb.
" Try to move the mountain by hair. If it succeeds , we moved the mountain.
If not , only .... ".
Keep calling friends. Just throw the stones. Don't worry about the results.
siravi
10-12 04:53 PM
Are we meeting today?
are you joining us?!
are you joining us?!
bheemi
04-03 10:53 AM
Thanks Admin..I can understand..we can only try ..I am happy that IV is trying..\
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