Thursday, June 9, 2011

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  • MYGC2008
    07-19 09:17 AM
    07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available

    As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.





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  • shishya
    04-30 12:57 PM
    Why is the issue date matter?

    When was the birth registered? If it says recently, then you should go thru the process.

    If the birth was registered proerly at right time, you will not have problems.

    Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.

    The birth was registered just two months later -- but from what I've been reading the issue date (being so recent) does raise some eyebrows as well. The question posed is ... why haven't you tried to get a 'correct' birth certificate issued so far and only got it issued last month for US immigration purposes.

    To be really safe, our lawyer is requesting we get affidavits sworn as well.





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  • m1801b
    09-11 12:33 AM
    Thanks for all the suggestions. Today, I discussed my option (H-1b extension and PERM) with a local lawyer. He mentioned that:
    1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
    2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
    3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
    4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.

    I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.

    I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.

    Some folks have suggested me to get a consulting from someone from Sheela Murthy.

    Thanks you so much.





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  • raysaikat
    09-02 08:43 AM
    You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.

    So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.

    Thanks....

    This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.

    AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.

    ---------
    I am not a lawyer. Use at your own risk any information given by me.



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  • Dhundhun
    08-13 01:30 PM
    ~~ bump ~~
    (IVans, got four REDs for this thread)





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  • lkapildev
    01-10 04:28 PM
    :) May be you are caught on Name Check process.. Call USCIS and get your namecheck status.

    Also USCIS process is a complete mess, if someone entered you under CHN quota then 2020. I hope that may not be the case as they have accepted your application even your PD 2007. You should be fine, have patience Use AC21 if you are not happy with your employeer. 6 months from approval of I-140 count that and move on.



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  • waitin_toolong
    08-16 05:57 PM
    you dont need to have ssn in hand to start work only EAD. Apply for SSn and the employer will be handed over docs of application, it takes 4-6 weeks to get the card.

    if she already has TIN then do inform irs of the change and paprfile tax returns next year





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  • canmt
    10-26 10:11 AM
    If you have not done this already you are supposed to call the USCIS and update them with your new address apart from sending a AR-11 regarding your address change.

    Call customer service and ask them to give you an update and/or request a copy of your receipt notice. The notice goes to your moron lawyer and it takes about 4/5 business days to get a mail from USCIS once they send it out.

    I hope this helps and good luck on your green card pursuit...



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  • iv_newbie_2007
    09-15 11:38 PM
    Hi,

    My wife has an approved H1 w/ COS starting from Oct 1. Her current status is H4. She wants to continue to maintain her H4 status, so we want to to file for reinstatement of H4 before Oct 1.

    How long does it take for USCIS to approve H4 reinstatement?

    Thanks!





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  • seahawks
    03-11 11:03 PM
    Take copies of your I-94 front and back and then submit them at the airport you board the international flight out of the US. When you come back, you will be filling in a new I-94 based on the latest H1/H4 date which you will show the border officer. (I am only stating this purely when your fly, I don't have experience by land)



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  • Winner
    06-18 03:39 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help

    Cognizant to Wipro? Out of the frying pan, into a fire? :)





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  • sundarpn
    08-03 10:23 AM
    the more important part of my question is...

    "using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)



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  • lordoftherings
    06-26 01:48 PM
    Clause 2 is the correct one, I suppose

    2) Beginning of the next fiscal yr, if you are on EAD status, then you are off the hook





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  • insbaby
    04-30 12:45 PM
    Why is the issue date matter?

    When was the birth registered? If it says recently, then you should go thru the process.

    If the birth was registered proerly at right time, you will not have problems.

    Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.



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  • everonh1
    07-22 12:32 PM
    What is the basis for applying an interim EAD??
    Can anyone who has not received EAD apply after 90 days without any specific reason to be stated??





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  • sledge_hammer
    06-29 12:43 PM
    ^^^^



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  • shana04
    05-18 05:43 PM
    Try Rajaguru Nalliah in Michigan. I hope that helps.

    Thank you very much, I retained an attorney.

    Thanks for you help.





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  • wandmaker
    10-16 04:39 PM
    Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.

    second that





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  • wahwah
    06-03 01:03 AM
    why do you say that the audit is for pending applications only?

    the news article says that they are auditing all PERM applications filed by Fragomen, which means that pending and approved applications will be audited. The article doesn't mention the timeframe either.

    audit is only on pending applications..i dont think it is on certified..

    also they may process fugmon cases fase..hope they dont denied any..

    what is supervised recruitment





    coolpal
    07-23 12:45 PM
    C. UHRMACHER @ 8,26am on July 2

    But... how is this of any significance?

    pal :)





    skv
    07-05 03:54 PM
    Cmon ever since independece we have never been united on any cause. I see threads from Gandhigiri(sending roses)...TO .. "no work on 13th"petition. But cmon look at the responses, e.g. no working day petions had only 75 votes , of which most are scared to put there employer name info. etc.

    75 here 120 there..do you guys really think with these numbers will make our voices heard .. On the other end lot of people are happy about the revision of the July bulletin and yes that includes the ones stuck in BEC (hypocrisy check! ) and the desi employers who perhaps were fasting/praying or something for this to happen... :-)

    Its a number's game. We will never make our voices heard unless we can join hundred of thousands for a cause. I appreciate what IV has attempted to do, but it's an inherent problem with people like us, every one is out there trying to get ahead of the line. If given the choice most would exploit each other to take advantage. I mentioned "desis" perhaps, the problem we face is quite fitting to people from populous nations. I think we are looking at the problem from a very micro level(green card backlog).. The glut in immigration is nothing new and represents similar issues faced in India or China etc.

    I am sounding completely pessimistic, but its the harsh reality. Perhaps we are not tuned to be united, we've been raised, bred to be just competitive and anything else which is a byproduct of competition.

    just my 2 cents.
    pls before anyone starts shouting at my post. Throw the hypocrisy out of the door and then reply.


    It's unfortunate, but that's the reality. History says that "British took advantage of divide and rule concept in India during their rule." If the empherors/kings/people were united, that wouldn't have possible for the British.

    I know their are few people really good, but the numbers aren't good enough. Hope and wish the coming generation wil, change the history. :-)



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