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Friday, June 10, 2011

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  • ivuser9
    04-09 04:05 PM
    I think we can be on one visa at any given point of time. either use EAD or H1B.. gurus please clarify

    :confused:





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  • looivy
    08-06 12:55 AM
    What is Sessions smoking?





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  • smuggymba
    11-22 07:22 PM
    have a US visa stamped and has not expired, they will not let you board a plane to UK.

    If you have GC, then there is no need for transit visa. If you are on AP, then you will need transit visa.

    I think in the 50s and 60s, an Indian passport holder could enter the UK based on holding a commonwealth passport. Wonder why that policy changed? ;)

    do we need a UK visa even if we have a valid stamped US passport?





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  • darshan1226
    02-12 10:25 PM
    Hello all,

    Is there a law that grant green card for a person who's been in the States legally for more than 10 years?

    Thanks



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  • qtoask
    07-11 01:03 AM
    Its support of every single person who has the heart made it possible... You can pat on your back!!!


    English_August : well done co-ordinating...I salute you guys!





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  • bp333
    11-04 10:14 AM
    Hi, my 485 was rejected initially for "misisng or incorrect fee", per the rejection notice my attorney refiled the app. When refiling the app he sent two checks, one for old fee and the other to make up the difference for new fee. So, USCIS has an option to choose. Now, the Supervisor is insisting us to show evidence of a check being sent (or cashed) in the first place. The Supervisor has asked my attorney to take the time he needs and respond via fax once he's done reconciling. Now, that all the applications have been processed, my attorney has been able to reconcile the check register and confirm that they missed to send the check with my application. He is planning on writing an aplology letter to the Supervisor, do you folks think that Sprvr might receipt the app or reject ?

    Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.

    If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.



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  • bkn96
    11-24 01:20 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..





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  • vkmurthy260
    08-28 07:20 AM
    Hi ,

    My wife's name was wrong in the EAD card we got recently , my attorney doesnt want to fix this , we called USCIS and they have asked to sent a new 765 along with old form having the name right ( jus to proove its not our fault ) and the EAD card . Should we send the supporting documents any similar experiences ??


    Thanks



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  • vandanaverdia
    10-30 11:39 AM
    bump





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  • gemini23
    11-20 01:37 PM
    can anyone answer my question above.

    since a copy of current I-797 is needed for renewing EAD, is it mandatory to keep renewing H1 even if i want to just work on EAD?

    does anyone know for sure that a copy of CURRENT and VALID I-797 is needed for EAD renewal?



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  • javaconsultant
    04-30 02:35 AM
    Guys,

    I am not 100 % sure if one can change employer after approved I-140.
    But this is what I checked with lawyer --

    -- Can transfer H-1 to new employer and can file new labor with new PD. Also can pursue your GC from old employer as long as he doesn't revokes it since GC is for future job.

    -- Can simultaneously pursue GC from both employers if previous employer does not revoke it.

    Also one sticking point ....H-1 extension with new employer if you are on 7th or 8th or 9th year extension... not sure how does it work....this check with a lawyer.......





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  • Prashanthi
    05-12 03:03 PM
    I would not worry about it at this point, this seems to be an internal matter, cases are often transferred to other service centers for speedy processing, sometimes it could be an error also, whatever this might be, this is not something you have control over. If the I-140 becomes overdue you should have your employer call or write to the service center.



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  • return_to_india
    09-16 02:06 PM
    Hi Guys!

    By law how many days one is required to stay with sponsor after GC approval in EB2? What documents we will need to prove to USCIS at Citizenship interview to prove that we stayed with sponsor for "required" time.

    Thanks,

    Raj

    Employment based GC is for permanent employment with the sponsoring employer. I don't know if law gives a lesser period of time of association. But in practice, i have seen many people quoting '6 months' of minimum stay. Some attorneys quote 2 years stay.





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  • chanduv23
    01-14 05:06 PM
    Hi All,

    I have a question and this is regarding my husband.
    We have filed our 485 and have got our EADs and AP's. Our 180 days will be over by jan end.

    My husband works for Company (A) as a consultant. He is placed at a Client (C) and there is another consulting company (B) in between. Client (C) is a direct client of Company (B). The relationship is like A -> B -> C.

    My husband wants to join the Company (B), and keeps on working for the same client (C).

    Has anyone done something similar to this and can anyone share any legal issue with this. I will really appreciate if someone can guide us more.

    Thanks

    A lot of people want to do this and have done it in past. Depends on the relationship between A and B. B would definitely prefer to have you on rolls because no one likes to deal with additional layers. Look into contract issues and obligations before you make the leap.



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  • keepwalking
    05-14 05:41 PM
    Thank You

    Texas





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  • jscris
    July 18th, 2004, 10:41 AM
    Welcome, Brandon! As you can see already, you'll get a lot of help from the great group here.
    Janet



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  • Venkat_175
    04-06 03:40 PM
    Hi,

    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me Permanent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.

    Regards,
    Venkat.





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  • gauravsh
    05-04 01:23 PM
    :) when you are in India, you are NOT on H1B status.
    So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
    The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.

    So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.

    But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.

    Thank you sir!!





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  • 485Mbe4001
    10-24 03:16 PM
    there is a link for questions on her CNN show at
    http://www.cnn.com/feedback/forms/form5.html?6

    last month i had emailed questions to Edward Kennedy and Jack Reid as a part of yahoo talk to the power. They were not picked up. It seems that the questions should be related to the topic that is given in advance. If they decide to question some one on a toic specifically on immigration reform, then your questions might move forward.

    Maybe if we get in touch with her we can convince her to initiate such a discussion.

    Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.





    Blog Feeds
    08-31 09:40 AM
    USCIS has released a new interim memo which clarified the method of analysis by USCIS officers that they must use in adjudicating Form I-140, Immigrant Petition for Alien Workers, filed for 1) Alien of Extraordinary Ability EB1A cases; 2) Outstanding Professor or Researcher EB1B cases; and 3) Alien of Exceptional Ability EB2 cases. The requirements for these types of I-140 petitions have not changed but this new method of evaluating the merits of cases may adversely impact those applying for immigration in these categories. This interim memo is a response to the U.S. 9th Circuit Court of Appeals decision in Kazarian v. USCIS on March 4, 2010. In the Kazarian ruling, the court held that USCIS was being too strict in deciding EB1A petitions by requiring extensive citation evidence and specific types of peer review work in order to meet the EB1A criteria. However, the court did rule that USCIS could consider evidence such as extensive citations in making a final merits review of the case to determine whether an alien is at the very top of his or her field.

    In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.

    For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;

    8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

    9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;

    10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

    After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.

    New Evaluation Process For EB1B Cases

    For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.

    Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.




    More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)





    Leo07
    02-01 04:02 PM
    Multiple submissions will do more damage than good. That's my opinion anyways, I feel that it takes credibility away from our cause.

    Thanks for completing the survey!