2011年6月9日 星期四

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  • a_dips_1999
    06-16 05:39 PM
    Hi,
    I applied for my Perm on March 11, 2008. I haven't heard back from DOL yet. Can my employer send a letter to the congress man to enquire about this case. Is there a format for such a letter.

    any help/feed back is appreciated

    thank you
    Dips




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  • fionaapple20
    11-27 03:56 PM
    My questions that I posted in a similar thread:

    - Can one be unemployed and just wait out the 180 days before invoking AC21? Can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?

    - Can one transfer to another employer on H1 (but let USCIS know after 180 days have elapsed)? Can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?




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  • irrational
    04-04 11:33 AM
    Folks,
    Here is some update. Hopefully, someone might find this useful.

    Today (4/4/2008) I took an InfoPass appointment in Dallas:
    The lady at the window said, the case is in TSC and that particular office(Local Office???) has not recieved the file yet. So she asked me to write a letter to TSC.

    I thought I would call the TSC first and see if I can get a quicker response:

    I called the TSC using the key combo (Thanks guys)
    The agent was helpful:
    - The Notice which was returned was the Reciept Notices..It seems those will not be resent, so I should not worry about it.
    - My Wife's address was still wrong on the file, I recorrected it. This is after I got a confirmation in the mail :confused: :( -- Is there anyway we/Lawyer can confirm it ?
    - Our Finger Print Notices are initiated but not yet scheduled by the local ASC. We'll get notices once the FPs are scheduled (What does this mean???)

    Key Combo used:
    1-800-375-5283
    1 -> 2 -> 2 -> 6 -> 1 .. Application Number .. 1 -> 1 -> 3 -> 4

    If the message something like, "No agents are available at TSC.. trasfering to NSC" hangup and try again.


    Hope this helps someone else too.




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  • comstar8199
    08-25 09:34 PM
    You plan on going to wmu? (depending on your age)

    Maybe, I may end up going to Umich. Still have one more year to decide...



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  • anu_t
    05-13 04:53 PM
    His position requires Masters Degree

    The thing about EB2 is , "The job description needs to be specific." I have a experience that , lawyer gets scared when the job description is vague.
    just "masters degree required" is sometimes not enough.




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  • Templarian
    11-11 12:48 PM
    Where are the winners posted? It's already 11th !
    Remember the time zones. The contested only ended 7 hours ago (think I did that math right).

    Plus voting just started for the Judges. They will submit their votes for the top entries (usually top 10) and then the community will vote in the poll shortly after.



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  • sukhwinderd
    08-22 02:54 PM
    http://www.immigrationportal.com/archive/index.php/t-135211.html




    Date

    Motor Vehicle Commission
    RSS Site Name
    RSS Site Address


    I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.

    I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).

    Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).

    I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:

    Legal & Regulatory Affairs Unit
    Motor Vehicle Commission
    PO Box 162
    Trenton, NJ 08666-0162



    Sincerely,



    Signature of
    individual certifying
    the information

    Print Name & Title


    i picked this from another web site. but it does work especially when you have legal details.
    8 CFR 274a.12(b)(20),

    also, as i said your lawyer might have to call there supervisor, they might not listen to you.




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  • crazydesi
    09-03 07:36 PM
    AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)

    This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.

    If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
    ------------------------------------------

    http://aila.org/RecentPosting/RecentPostingList.aspx



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  • vallabhu
    05-29 10:21 PM
    Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status

    try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.




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  • gcpool
    08-29 09:12 PM
    On the application for renewal for EAD (online) there is question

    Current Immigration Status:

    IF a person is working on EAD so what should be selected.
    There is nothing that is close to saying (Pending I-485 or AOS)

    The options are

    A1"A1: AMBASSADOR, DIPLOMAT
    A2"A2: OTHER DIPLOMATIC OFFICIALS
    A3"A3: ATTENDANTS OF A-1, A-2
    AS"AS: ASYLUM
    ASD"ASD: ASYLUM STATUS DENIED
    AW"AW: RAW APPLIED FOR AT A PORT
    B1"B1: TEMPORARY VISITOR FOR BUSINESS
    B2"B2: TEMPORARY VISITOR FOR PLEASURE
    BE"BE: BERING STRAIT ENTRIES
    C1"C1: ALIEN IN TRANSIT THROUGH U.S.
    C2"C2: ALIEN IN TRANSIT TO UN HQ
    C3"C3: FRN GOV OFF IN TRANSIT THRU US
    C4"C4: TRANSIT WITHOUT A VISA
    CC"CC: CUBAN MASS MIGRATION PROJECT
    CH"CH: PAROLEE (HUMANITARIAN/HQ AUTH)
    CP"CP: PAROLEE (PUBLIC INT/HQ AUTH)
    D1"D1: ALIEN CREW DEPART SAME VESSEL
    D2"D2: ALIEN CREW DEPART OTHER VESSEL
    DA"DA: ADVANCE PAROLE (DISTRICT AUTH)
    DE"DE: PAROLEE (DEFERRED INSPECTION)
    DT"DT: PAROLEE (DISTRICT/POE AUTH)
    E-1 Dependent"E-1 Dependent: SPOUSE/CHILD of E-1
    E-2 Dependent"E-2 Dependent: Spouse/Child of E-2
    E1"E1: TREATY TRADER/SPOUSE/CHILDREN
    E2"E2: TREATY INVESTOR/SPOUSE/CHILD
    EAO"EAO: EMPLOYMENT ADVISORY OPTION
    EWI"EWI: ENTRY WITHOUT INSPECTION
    F1"F1: STUDENT - ACADEMIC
    F2"F2: SPOUSE/CHILD OF F-1
    FUG"FUG: FAMILY UNITY GRANTED
    G1"G1: PRINCIPAL REP. FOREIGN GOVT
    G2"G2: OTHER REP FOREIGN GOVT
    G3"G3: REP NON-RECOGNIZED FOREIGN GOV
    G4"G4: OFFICER/EMPLOYEE INTL. ORG.
    G5"G5: ATTENDANTS OF G1, G2, G3, G4
    GB"GB: VISITOR WITHOUT A VISA 15 DAYS
    GT"GT: VISITOR WITHOUT A VISA 15 DAYS
    H1"H1: ALIEN OF DIST MERIT & ABILITY
    H1A"H1A: REGISTERED NURSE
    H1B"H1B: SPECIALITY OCCUPATION
    H1C"H1C: Nurse Relief
    H2"H2: TEMPORARY LABOR CERTIFICATION
    H2A"H2A: TEMPORARY AGRICULTURAL WORKER
    H2B"H2B: TEMPORARY NON-AG WORKER
    H3"H3: ALIEN TRAINEE
    H3A"H3A: TRAINEE
    H3B"H3B: SPECIAL EDUCATION TRAINING
    H4"H4: SPOUSE/CHILD OF H-1 THRU H-3
    I"I: FOREIGN PRESS
    IMM"IMM: IMMIGRANT
    IN"IN: INDEFINITE PAROLE
    J1"J1: EXCHANGE VISITOR
    J2"J2: SPOUSE/CHILD OF J-1
    K1"K1: ALIEN FIANCE(E) OF USC
    K2"K2: CHILD OF K1
    K3"K3: SPOUSE OF USC
    K4"K4: CHILD OF USC
    L1"L1: INTRA-COMPANY TRANSFEREE
    L1A"L1A: MANAGER OR EXECUTIVE
    L1B"L1B: SPECIALIZED KNOWLEDGE ALIEN
    L2"L2: SPOUSE/CHILD OF L-1
    LZ"LZ: BLANKET L PETITION
    M1"M1: STUDENT - VOCATIONAL/NON-ACAD.
    M2"M2: SPOUSE/CHILD OF M-1
    ML"ML: PAROLEE-MEDICAL, LEGAL, HUMAN
    N8"N8: PARENT OF SPEC IMMIGRANT CHILD
    N9"N9: SPOUSE/CHILD OF N8
    NATO-1"NATO-1: PRINCIPAL REP. OF NATO MEMBER
    NATO-2"NATO-2: OTHER REP. OF NATO MEMBER
    NATO-3"NATO-3: CLERICAL STAFF FOR N-1, N-2
    NATO-4"NATO-4: OFFICIALS OF NATO_ION
    NATO-5"NATO-5: EXPERTS EMPLOYED BY NATO
    NATO-6"NATO-6: CIVILIAN COMPONENT OF NATO
    NATO-7"NATO-7: ATTENDANTS OF N-1 THROUGH N-6
    O1"O1: ALIEN W/EXTRAORDINARY ABILITY
    O1A"O1A: EXTRAORDINARY ALIEN - NON-ARTS
    O1B"O1B: EXTRAORDINARY ALIEN IN ARTS
    O2"O2: ACCOMPANYING ALIEN TO O1
    O3"O3: SPOUSE/CHILD OF O-1, O-2
    OP"OP: PAROLEE (OVERSEAS AUTHORIZED)
    P1"P1: ATHLETE OR ENTERTAINER
    P1A"P1A: ALIEN WITH ATHLETIC EVENT
    P1B"P1B: ALIEN WITH ENTERTAINMENT GROUP
    P1S"P1S: SUPPORT PERSON OF P-1
    P2"P2: EXHANGE ARTIST/ENTERTAINER
    P2S"P2S: SUPPORT PERSON OF P-2
    P3"P3: UNIQUE PGM ARTIST/ENTERTAINER
    P3S"P3S: SUPPORT PERSON OF P-3
    P4"P4: SPOUSE/CHILD OF P-1, P-2, P-3
    PAR"PAR: PAROLEE
    PI"PI: PACIFIC ISLANDER
    Q1"Q1: INTL CULTURAL XCHG VISITORS
    Q2"Q2: IRISH PEACE PROCESS PARTICPNTS
    Q3"Q3: SPOUSE/CHILD OF Q2
    R1"R1: RELIGIOUS OCCUPATION
    R2"R2: SPOUSE/CHILD OF R-1
    RE"RE: REFUGEE
    RE5"RE5: HAITIAN W/GRANTED REFUGEE STAT
    RW"RW: RAW APPLIED FOR AT A US CO
    S1"S1: SPECIAL AGRICULTURAL WORKER
    S2"S2: SPECIAL AGRICULTURAL WORKER
    S5"S5: INFORMANT OF CRIMINAL ORGANIZATION INFORMATION
    S6"S6: INFORMANT OF TERRORISM INFORMATION
    S9"S9: EMERGENCY FARM WORKER
    SDF"SDF: SUSPECTED DOCUMENT FRAUD
    ST"ST: STOWAWAY
    T1"T1: VICTIM OF SEVERE FORM OF TRAFK
    T2"T2: SPOUSE OF T1
    T3"T3: CHILD OF T1
    T4"T4: PARENT OF T1
    TB"TB: SPOUSE OR CHILD OF CAN. FR
    TC"TC: CANADIAN FREE TRADE AGREEMENT
    TD"TD: NAFTA DEPENDENT
    TN1"TN1: NAFTA PRINCIPAL (CANADA)
    TN2"TN2: NAFTA PRINCIPAL (MEXICO)
    TPS A-12"TPS A-12: APPROVED FOR TPS ON FORM I-821
    TWO"TWO: TRANSIT WITHOUT A VISA
    U1"U1: VICTIM OF CRIMINAL ACTIVITY
    U2"U2: SPOUSE OF U1
    U3"U3: CHILD OF U1
    U4"U4: PARENT OF U1
    UN"UN: UNKNOWN
    V1"V1: SPOUSE OF LPR
    V2"V2: CHILD OF LPR
    V3"V3: DEPENDANTS OF V1 OR V2
    WB"WB: VISITOR FOR BUSINESS - VWPP
    WD"WD: WITHDRAWL (I-275)
    WI"WI: WITHOUT INSPECTION
    WT"WT: VISITOR FOR PLEASURE - VWPP



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  • logiclife
    06-20 12:06 PM
    Fellows,

    I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:

    1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?

    2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.

    3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?

    Thanks


    (1) is surely an option if you think your prayers are strong enough. I wouldnt trust prayers when it comes to immigration process.

    About options (2) and (3), its surely a great option. Contact your ex employer and file the greencard thru him. When I say "Thru him" all you need from him is a letter on company letter head from the boss/HR that still intend to hire you when you get your greencard. Other than that, it is possible to do the whole thing by yourself either thru your own lawyer or by doing it yourself. Its not rocket science. If you have a good lawyer, go thru him.

    BEFORE YOUR GC IS APPROVED:

    Also, keep in mind that you dont have to start working for him just because he is filing your 485 based on labor/140 that he sponsored. You can continue working where you are working right now. GC is for future employment. (However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer). Also, one last thing if you go thru this route. You need to maintain good relations with this employer if he files your 485 at least for 180 days after its filed. That's because you need him to write a letter that "yes I intend to hire this guy" should USCIS ask him that again during the intial 180 days. After 180 days have passed, if USCIS asks and sends RFE about "who is going to hire you after getting GC", you can exercise your AC21 option and produce a letter from your current employer (whomever you are working for at the time) that they intend to keep your employed after you get GC.


    AFTER YOUR GC IS APPROVED:

    Now, about having to work for your ex-employer because you filing 485 based on approved labor and 140 that was sponsored by your ex-employer, here is the deal : If 180 days have passed since your 485 is pending and if your greencard is approved after that (after 180 days of 485 filing) then you do not have to go back to your ex-employer. That's because the option of using AC21 portability is available only AFTER 180 days, not before that. Now, if your 485 gets approved in less than 180 days (which is unlikely because they are never that fast and plus the dates have to be current), then YES, you have to go to work for your employer for at least a couple of months as soon as your 485 is approved. However, the chances of the situation coming to that is very unlikely. I dont think anyone is going to get their 485 approved in less than 180 days.




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  • number30
    09-23 02:29 PM
    If she has valid H4 stamping go to Canada and comeback. She can apply as H4. Even illegals are going to schools without any issues. If you stay legally you have to go through all these issues. Which University is this?



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  • razis123
    12-27 11:37 AM
    what if i want to join a company(like Teksystems,GCI,etc,...) on an hourly basis on their W2.What will be my status when an assignment is over and i have to search for another project.




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  • maco
    08-10 11:41 AM
    Emailed my attorney immediately and he said that as long as the checks do not bounce the application is going to be OK.

    It does not matter to the USCIS if the checks do not have the same address as on the I485.

    thats sigh of relief for me.
    My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
    Not sure why attorneys do this



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  • BEC_fog
    04-23 10:55 AM
    Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

    In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

    All the best!!

    I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.


    04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration

    * In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
    * Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!




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  • vin13
    02-09 07:34 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).

    President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.

    There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.

    These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf





    More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)

    If you click the link attached, the article is dated February 11, 2010 and was posted yesterday (February 08, 2010):confused:

    Old news........ Dated for future....:D



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  • delax
    08-05 11:36 AM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;

    While you raise a valid point, I would rather consider that as a donation to USCIS for them to fix their screwed up systems so that they truly follow FIFO and benefit people ready to enter the GC maze down the line.......




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  • EB3_SEP04
    07-16 04:59 PM
    Please see links below:

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC


    :cool:

    When will the next month dates come out ???

    Man, You are all RED, are you a communist? just kidding... :)

    I'm also eagerly waiting for the updates. for EAD texas shows apr 28, i know people who filed in mid june have received EADs, mine has receipt date of July 2nd.




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  • unseenguy
    02-23 01:34 PM
    Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.

    shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.




    looivy
    02-22 02:37 PM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.




    humsuplou
    11-30 02:48 AM
    Hi,
    I am trying to apply for an emergency advanced parole to visit my critically illed granma back home.
    I have a pending I-131 application with the receipt date of Aug 14th. I understand that I can goto my local USCIS office to apply for emergency AP, is that right?
    What document do I need? I have a hospital letter with their letter head. What else do I need? And is there anything specific things that need to be included in the letter?
    Also, is there anyone who has suuceed, or failed to get one with medical emergency of family memeber?
    Any advice/feedback/sharing will be very much appreciated. I have an appointment with the local USCIS on Tuesday.



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