Friday, June 10, 2011

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  • fittan
    07-16 09:54 AM
    Guys,
    I am not here to spread rumor or give false hope...but I came across this article in WSJ. It says that the USCIS may allow some earlier July filer....I don't have an account so I cannot read the whole article.

    http://online.wsj.com/article/SB118455917060167397-search.html?KEYWORDS=uscis&COLLECTION=wsjie/6month

    Fittan





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  • eb3India
    04-09 12:47 PM
    President Bush is talking about CIR in Arizona, before the talk on MSNBC there was interesting discussion on whatz coming for CIR

    itz that time again guys I see this as a kickoff from whitehouse on STRIVE and immigration reform,

    will update here as it goes by,





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  • kk_2000
    11-06 08:54 PM
    Hi,

    We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".

    Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".

    Can you please share your experience?

    Thanks,
    KK





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  • paskal
    12-14 12:41 AM
    Hi all,

    Between this thread and the main chapter thread, we have now accumulated a handful of members, looks like we are all set to be an active chapter!
    couple of things:

    1. IV IL chapter has invited us to their conference call, please check the thread called "Members in MN" under the IV agenda forum, if anyone can participate and report back here it would be great.

    2. Conference Call: Anyone have dates or times in mind? btw pappu, question for you: does iv have a way of facilitating these calls?

    Looking forward to hearing from you all, together we will surely achieve our objectives...

    Puneet



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  • casinoroyale
    01-31 02:18 PM
    Ok, this is a tough'ie.

    You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).

    That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.

    Consult a lawyer before you take any step.

    Thanks.





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  • f_b_2007
    07-19 11:35 AM
    Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??

    tnx.



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  • dannyvn
    06-27 12:21 PM
    sameet ... if you had used AP to enter the country then you are on EAD.. isn't it?





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  • f_b_2007
    07-19 11:35 AM
    Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??

    tnx.



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  • sathishav
    03-01 02:07 PM
    If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.

    I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.


    http://www.myvisajobs.com/Document/YatesMay05.pdf

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?

    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
    485 that has been pending for 180 days or more, the following procedures should
    be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
    it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If additional evidence is necessary to resolve a material post-filing
    issue such as ability to pay, an RFE can be sent to try to resolve the
    issue. When a response is received, and if the petition is approvable,
    follow the procedures in part A above.





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  • logiclife
    06-02 05:35 PM
    IV on Bay Area TV - FOX-2 (KTVU)

    Pratik Dakwala of Immigration Voice was interviewed by KTVU, a local Fox affiliate of San Francisco Bay area. The name of the interviewer was Priya David.
    The program will be telecast between 5PM and 6PM Pacific standard time and the interview is about 5-6 minutes long.

    Dont live in Bay area:
    If you dont live in San Francisco/San Jose area, you can see the link that they would upload on website : http://www.ktvu.com/index.html. We will post the link here once available.

    If you live in San Francisco/Bay area:
    This will be probably available only in Bay Area and nearby areas where they can have KTVU Fox-2. The good thing is, since this is a local channel, I dont think you need cable to see this. However, if you do have cable I am sure you can see it, but then I am not sure whether it will be channel 2 or some other channel.

    This is one more media coverage event in the series of events that has helped immigration voice highlight the problems of legal employment-based immigrants. Other media stories that covered Immigration Voice can be found here(also a menu item on home page): IV in the News (http://www.immigrationvoice.org/index.php?option=com_weblinks&catid=19&Itemid=27)



    Thanks.



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  • deardar
    09-29 01:39 PM
    Thank you





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  • chanduv23
    09-14 11:46 AM
    IF YOU STILL NOT ABLE TO DECIDE FOR NO REASON -

    DEAR FRIENDS - LYING LOW AND HOPING FOR SITUATIONS TO IMPROVE HAVE NEVER WORKED.

    POLICIES CHANGES CAN HAPPEN ONLY IF YOU WANT TO MAKE THEM HAPPEN

    REMEMBER - WE ARE ALL HERE WORKING HARD AND CONTRIBUTING TO THE COUNTRY. WE DEFINITELY NEED FAIRNESS IN THE PROCESS AND THATS WHY ARE ARE STANDING UP FOR OURSELVES.

    IF WE DONT DO WHAT WE AARE DDOING

    (1) LOU DOBBS WILL LABEL US AS LABOURERS FROM THIRD WORLD COUNTRY
    (2) WE CONTINUE TO HIDE BEHIND CLOSETS AND THE NATION WOOULD NEVER KNOW THAT WE EXIST THOUGH WE CONTRIBUTE
    (3) ANTI IMMIGRANTS WILL THINK THAT WE DO NOT HAVE COOPERAATION AND WILL INFLUENCE POLICY DECISIONS - THE JULY FIASCO IS AN EXAMPLE
    (4) EMPLOYERS WILL CONTINUE TO GOUGE VISAS AND BRAIN DRAAIN WILL CONTINUE
    (5) JOBS WILL MOVE OUT OF THE US

    DO WE STILL WANT TO BE LIKE THAT?

    LETS ALL STAND UP FOR OURSELVES.

    LETS ALL SHOW OUR FACES IN DC.

    LETS ALL UNITE FOR A CAUSE.

    YOU - YES YOU CHANGE YOUR STANCE, AND FOLLOW YOUR HEART.



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  • waitingmygc
    09-08 01:32 PM
    Permfiling,

    Your response to this post is harsh/mean.

    Can you give a single reason why not these guys shouldn't port or stick with their EB-2 priority date?

    We should wish EB-3 dates also move and the guys get their GC before porting EB-3 to EB-2, otherwise EB-2 will retrogress (that�s the truth) and those are eligible to port will do it.

    Frostrated,
    It seems you missed the step of porting while filing I-140 (EB-2). Now, ask your attorney about the options.





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  • glus
    11-20 06:50 PM
    Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE

    Extract from the instructions of I 131 form
    If you travel before the advance parole document is issued, your application will be deemed abandoned if:
    A. You depart from the United States; or
    B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.


    - good luck
    kris
    Kris,
    Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.

    Regards,



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  • quizzer
    08-10 12:48 PM
    I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
    In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
    Please advise me urgently on this matter
    :(


    Is it new H1b or transfer?

    Thanks





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  • ajkastar
    07-27 01:35 PM
    Receipt date was Aug 2004, RFE - required both parents names in birth certificate or affidavit will do, employer information was missing.



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  • seaken75
    10-31 08:41 PM
    Hi all,

    Need your help and experience in this!

    I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.

    I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.

    Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?

    Please advice.

    Thanks!





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  • ashwin_27
    12-09 02:36 PM
    From all the updates and information shared so far, it seems pretty clear that if the DREAM Act fails, it will make it extremely difficult, politically, for any EB or non-EB related immigration legislation (piecemeal or otherwise) to be introduced in Congress over the coming two years. So irrespective of whether visa recapture is a part of this bill or not (and we know that it is NOT), what happens to DREAM is very important from an overall strategy point of view.

    I am just interpreting what is out there.

    Brothers, i just want to know why we are happy with this DREAM thing or i am missing something. why do we care about this?

    Please tell me if it has something for us.

    Thanks

    MC





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  • EB3_SEP04
    07-16 04:40 PM
    No it is the same company

    First of all congrats!

    My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021

    http://www.onetcodeconnector.org/ccreport/15-1021.00

    The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.

    Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).





    wandmaker
    06-19 08:04 AM
    This document is mandatory - why don't you either ask your lawyer for a copy or call up USCIS and explain the case. Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.

    Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.

    irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.





    hebron
    06-22 01:39 PM
    Hi,
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


    Thanks,
    Sunil


    Hi Sunil,
    I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.

    I am not sure if my experience helps you or not, but please check with your attorney.



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