Martes, Hunyo 14, 2011

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  • vamsi_poondla
    09-21 03:18 PM
    Employer cannot revoke I-140 application after 180 days of filling I-485. No matter what the scenario is.

    Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS




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  • sku
    02-25 01:53 PM
    This is the News Letter That I got from my attorney.
    -----------------------------------------------------------------
    TARP Restricts H-1B Hiring for Funds Recipients

    The Troubled Assets Relief Program (TARP) recently signed into law by President Obama places strict limits on recipients of funds or certain Federal Reserve loans that want to hire high-skilled workers under the H-1B visa program for a period of two years. TARP fund recipients include certain financial institutions as well as infrastructure, energy, and automobile companies. The bill subjects recipients of TARP funds to the same rules that an "H-1B dependent" employer must follow when it sponsors a new H-1B worker. (An H-1B dependent employer is one that has 15% or more H-1B workers in the employer's total full-time workforce.) These rules include:


    � The employer cannot displace any similarly-employed U.S. worker with an H-1B worker within 90 days before or after applying for H-1B status for a new employee.


    � The employer cannot place any H-1B worker at an outside worksite unless that employer first makes a "bona fide" inquiry as to whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.


    � The employer has to take good faith steps to recruit U.S. workers for the job opening, at wages at least equal to those offered to the H-1B worker. The employer must offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker.


    TARP contains provisions that may effectively limit recipients of TARP funds and Federal Reserve loans from sponsoring new H-1B workers. While H-1B dependency rules do not normally apply to H-1B workers earning at least $60,000 annually or possessing a Master's degree, these exemptions are not available to the TARP/Federal Reserve loan recipients.


    The exact language of the bill states that the above requirements apply to "new employees" sponsored for H-1B status. While additional guidance may be issued from the Department of Labor, the plain language of the bill suggests that a company filing an H-1B petition on behalf of a current employee who is working with the company under F-1 Optional Practical Training, TN status, or some other work visa, should not be subject to the "H-1B dependent" rules. Similarly, the additional restrictions should not apply to petitions for extension of H-1B status for a current employee. However, an employer filing an H-1B change of employer petition for a new employee likely would be subject to these requirements.


    The House-Senate Conference Committee removed a provision from the stimulus proposal that would have required recipients of TARP funds to enroll and participate in the E-Verify online employment eligibility verification program, as well as a provision that would have renewed the currently voluntary E-Verify program for an additional five years. E-Verify is currently set to expire in March 2009.

    Effective Date of New Form I-9 Delayed Until April 3, 2009

    The Department of Homeland Security (DHS) is extending the effective date of its new Form I-9 from February 2, 2009 to April 3, 2009. The new Form I-9 updates the list of documents acceptable for employment eligibility verification. The temporary extension will provide DHS with an opportunity for further consideration of this rule. DHS also is extending the comment period for this rule for 30 days.

    Rising Unemployment May Affect PERM Processing

    In a recent meeting between the Department of Labor (DOL) and representatives of the American Immigration Lawyers Association, DOL stated that rising unemployment may affect the processing of certain PERM labor certification applications. DOL is trying to integrate labor market information from various sources, such as WARN Act notices, to determine the availability of U.S. workers in areas affected by significant layoffs. DOL cited the position of Financial Analyst located in New York City as an example of a particular occupation and location where there might be qualified U.S. workers available due to recent financial industry layoffs. DOL may require employers sponsoring PERM applications for such positions to undergo "supervised recruitment" in cases where the available data indicates that there may be available U.S. workers.

    Supervised recruitment is a variation of the standard PERM procedure by which applicants for a position that is the subject of a PERM application submit their resumes directly to the DOL for initial review by DOL staff. The DOL forwards to employers the resumes of applicants that it deems qualified for the position. Employers are required to interview the applicants forwarded by DOL to determine whether the applicants are in fact qualified. To date, when DOL has issued supervised recruitment notices, more than half the cases have been withdrawn by the employer.


    E-Verify Start Date for Federal Contractors Extended

    U.S. Citizenship and Immigration Services (USCIS) announced that Federal contractors and subcontractors can delay implementation of the use of the Department of Homeland Security's ("DHS") E-Verify system. E-Verify is a government run on-line system that combines DHS data with records from the Social Security Administration to determine whether a new hire is eligible to work in the U.S. The final rule was to have become effective on January 15, 2009, but now will not take effect until May 21, 2009. Once effective, E-Verify will become mandatory for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. Contracts for less than $100,000 or for commercially available off-the-shelf items are exempt from this rule. Once E-Verify becomes effective on May 21, 2009, companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States

    US VISIT Expanded to Include Lawful Permanent Residents

    The Department of Homeland Security (DHS) recently published a rule expanding the population of foreign nationals subject to the United States Visitor and Immigrant Status Indicator Technology Program ("US-VISIT") to include U.S. permanent residents. US-VISIT will apply to all permanent residents entering or exiting from an air or seaport. Permanent residents entering through land ports of entry, however, will be required to provide fingerprints only if they are referred to secondary inspection.


    Under US-VISIT, foreign nationals entering the United States provide "biometrics" (fingerprints scan and digital photograph) when passing through U.S. immigration. The biometric information collected upon entry is compared to the information collected at the time that the foreign national was originally issued a visa or Permanent Resident Card ("Green Card"). The biometric information is also compared to a criminal records database to confirm that a person is admissible to the United States. Permanent residents with criminal convictions traveling outside of the U.S. should be reminded that they are likely to be detected at entry and they should be prepared to present evidence regarding their admissibility.




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  • jsb
    10-29 01:56 PM
    [QUOTE=PDOCT05;189726]It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)
    QUOTE]

    Wish you all the best. It is too late to learn that one should not leave everything to the lawyers. Accuracy of info, signatures, etc. need to be thoroughly checked by us, the filers. Lawyer is doing this work for several people, and they want to spend least time on each. We, understanding the impact, are prepared to spend little extra time for checking thoroughly.

    What tactical explanation is he going to give? May be he should say that it was signed but USCIS guy did not see it. Or, ink was bad, and evaporated, etc. "Fogot" will be difficult to make them accept.




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  • furiouspride
    04-24 09:50 PM
    thanks for your help it was hardly worth pressing the keys to let me know the word drr is used by people....yawn
    Yeah, thought maybe your 'son' was worth a few keystrokes ;)



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  • hazishak
    08-01 09:28 AM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone??????????? and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
    hello .....somebody ans meeeeeeeeeeeeee




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  • northstar1
    07-26 12:05 PM
    Over 150000 employees. It's a fortune 20



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  • san3297
    03-23 08:34 AM
    Hi,
    I currently have a lowtraffic website with no ads.I am planning to add some adds like googleads,yahoo adwords etc..The thing is i need to give them my ssn while regestering for them and payment check will be made on my personal name.As iam currently on H1 i am in dilemma whether i can take this payments or not.Does anyone aware of dos and donots in this case.Thank you.




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  • champu
    02-18 01:10 PM
    My Indian employer offered me to coninue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..

    No, it is not legal.



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  • axp817
    03-31 02:20 PM
    On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.

    Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.

    In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).

    So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.

    Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.

    Godspeed to all of us.




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  • spdie
    12-27 03:01 PM
    Hello Helper!

    thank you for reading my thread.

    My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.

    1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
    2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
    3. What are the chances of the change-of-status being approved?
    4. If her student visa gets denied, after how many days does my wife have to leave?

    Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals



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  • gcnotfiledyet
    02-24 04:35 PM
    i have given blood probably 10-12 times.
    Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
    outside US to a country that still has widesspread malaria.
    India and most Southeast asian coutries among such countries is one such issues.

    Please dont spread incorrect information.
    I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.

    This country is one of the most independent and free countries on face of earth.

    Texcan,

    There are lot of places which will not take blood if you have not stayed here for 5years. It generally takes 5years for any antigens to get out of system. So some places have rule of thumb for 5years. Now when you are immigrant from India, it is taken for granted to question your length of stay.

    There are lot of places which will accept blood from everybody for lack of donors and do their own screenings. It depends on funding/urgent need. I am sure there was no intention of denial based on immigration status/race.




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  • eagerr2i
    08-02 07:32 PM
    do you remember the appointment time?

    My wife and son's appointment time was 10.00 and 10.15 AM



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  • Fightwithfate
    03-15 04:05 PM
    Online case status can be confusing and sometimes incorrect. Your employer has paid for premium processing, which entitles them to contact USCIS through dedicated premium processing channels. They respond very quickly on these channels. Urge your employer to contact them, if there are any doubts about the status.

    Hi,

    Thank you for your reply.My employer contacted VSC.They told him that there was an error in the system sometime back but what ever the status is showing in online is the current status and if they require anything they will contact him.
    getting confused again.




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  • continuedProgress
    01-15 10:01 AM
    Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.



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  • summitpointe
    04-09 04:09 PM
    :)




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  • smartboy75
    10-17 03:22 PM
    10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

    The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
    Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
    Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
    Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.

    Source:
    www.immigration-law.com



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  • Sunx_2004
    08-15 11:56 AM
    Here is the situation Mr. Pro-

    I filed my 485 in July 2007 with an approved I 140, My company got aquired in Nov. 2007. They amend my H1B, Recently I come to know that they file new I 140 to indicate new company is sponser of my GC. The new I 140 is still pending.
    Now, I am gettig an offer by another company and that company is ready to transfer H1B. Can I change job while my new I 140 is pending
    What if they withdraw new I 140 after I leave.
    One lawyer which I consulted is saying that you should be fine because your I 485 was filed with an approved I 140...

    Please let me know you thoughts

    Don't Worry, I have been there 3 Times. Since I my start of GC process with the currents company, It has been acquired 3 times , So I am pro in that situation :)




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  • dval_dpal
    09-20 06:18 PM
    raj,

    could you tell me what is your education background....i'm planning to switch to eb2 too...
    your advice will be helpful.

    thanks
    dhaval




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  • jayZinDC
    05-30 03:07 PM
    Is it the receipt number, where did you check it??

    yes, put in u'r receipt # here, it usually takes 24 hrs for online status to show up
    https://egov.uscis.gov/cris/caseStatusSearch.do




    Widget
    06-23 03:53 PM
    Tried to chat but it is not possible to chat now.

    A White House chat on Immigration...

    with Michael P. Jackson
    Deputy Secretary of Homeland Security

    Transcript
    http://www.whitehouse.gov/ask/20060623.html




    bobyal
    05-07 03:56 PM
    Hi,

    It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.

    Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?

    Thanks
    Bob



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