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09-01 10:00 AM
Hunton Immigration and Nationality Law Blog Has Just Posted the Following:
The U.S. Department of State has confirmed that contractors on a pre-approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf)at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct. The audits are creating significant delays for petition-based visa applicants at embassies worldwide.
Auditors may make a "cold call" to the U.S. employer who filed the petition, asking about the company's activities, location, employees, shareholders, etc., and may also review the company's website or use Google Earth to confirm the existence of a facility in the location specified on the petition. Contractors may also ask employers about the beneficiaries of these petitions -- the foreign nationals whom the employer wishes to employ (or continue employing) in nonimmigrant status.
Following verification, the contractors will create new "base petitioner records" in the KCC's Petition Information Management Service (PIMS) database. Until KCC verifies the petitions and updates these records, no consular officer at a U.S. embassy abroad may issue a petition-based visa to an applicant. Consular officers are also instructed to question visa applicants further in order to determine if the beneficiary information in the updated PIMS record is correct and complete.
Any adverse information the KCC contractor learns during an audit call may lead to denial of a beneficiary's visa application, even based on a previously approved petition, and may also affect the approvability of future petitions. Therefore, a U.S. employer who receives such a call should contact immigration counsel prior to providing any information so that (a) the auditor's name and credentials can be compared against the approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf); (b) counsel can be present on the call; (c) the employer can prepare adequately by reviewing the petition; and (d) the call can be documented appropriately.
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The U.S. Department of State has confirmed that contractors on a pre-approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf)at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct. The audits are creating significant delays for petition-based visa applicants at embassies worldwide.
Auditors may make a "cold call" to the U.S. employer who filed the petition, asking about the company's activities, location, employees, shareholders, etc., and may also review the company's website or use Google Earth to confirm the existence of a facility in the location specified on the petition. Contractors may also ask employers about the beneficiaries of these petitions -- the foreign nationals whom the employer wishes to employ (or continue employing) in nonimmigrant status.
Following verification, the contractors will create new "base petitioner records" in the KCC's Petition Information Management Service (PIMS) database. Until KCC verifies the petitions and updates these records, no consular officer at a U.S. embassy abroad may issue a petition-based visa to an applicant. Consular officers are also instructed to question visa applicants further in order to determine if the beneficiary information in the updated PIMS record is correct and complete.
Any adverse information the KCC contractor learns during an audit call may lead to denial of a beneficiary's visa application, even based on a previously approved petition, and may also affect the approvability of future petitions. Therefore, a U.S. employer who receives such a call should contact immigration counsel prior to providing any information so that (a) the auditor's name and credentials can be compared against the approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf); (b) counsel can be present on the call; (c) the employer can prepare adequately by reviewing the petition; and (d) the call can be documented appropriately.
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Sideliner
06-15 03:16 PM
Hi Folks,
It is crunch time! I have 15 days left to get an H1B 3 yr. extension (since PD is current EB3 India, my H1 expires July 30th), so I need to decide whether I should file I-140 in Premium Processing.
How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere!
Thanks & Regards!
I got mine approved exactly in 3 days. It took 2 weeks actually a copy of the approval notice after that.
It is crunch time! I have 15 days left to get an H1B 3 yr. extension (since PD is current EB3 India, my H1 expires July 30th), so I need to decide whether I should file I-140 in Premium Processing.
How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere!
Thanks & Regards!
I got mine approved exactly in 3 days. It took 2 weeks actually a copy of the approval notice after that.
aamchimumbai
02-04 09:40 AM
Folks,
This message is for people who left US before AP was approved.
My wife left for India in Nov'08. Although, we received letter from USCIS that her AP application was approved there was a glitch in their system because we received a RFE after she left. Anyways. We responded to her RFE for photos and we received her approved AP in Dec'08. I left US after I received her AP.
At the POE (Newark, NJ) the IO did ask us questions about my work, her visa status, etc. nothing major. The IO only requested for my passport/AP and for my wife her H4/AP/passport. We were then taken to a separate area and asked to wait. There were two IOs looking at our passport/AP. BTW, we both don't have H1 and H4 visas stamped in our passport. To his satisfaction, he stamped AOS on our I94 cards. The I94 expiration was one year from the date of entry. To my surprise, he gave both AP copies to me. Anyways.
I wanted to share this experience because there are ton of people wondering what to do if they need to travel and they don't have approved AP in hand.
Hope this helps. Let me know if you have any questions.
This message is for people who left US before AP was approved.
My wife left for India in Nov'08. Although, we received letter from USCIS that her AP application was approved there was a glitch in their system because we received a RFE after she left. Anyways. We responded to her RFE for photos and we received her approved AP in Dec'08. I left US after I received her AP.
At the POE (Newark, NJ) the IO did ask us questions about my work, her visa status, etc. nothing major. The IO only requested for my passport/AP and for my wife her H4/AP/passport. We were then taken to a separate area and asked to wait. There were two IOs looking at our passport/AP. BTW, we both don't have H1 and H4 visas stamped in our passport. To his satisfaction, he stamped AOS on our I94 cards. The I94 expiration was one year from the date of entry. To my surprise, he gave both AP copies to me. Anyways.
I wanted to share this experience because there are ton of people wondering what to do if they need to travel and they don't have approved AP in hand.
Hope this helps. Let me know if you have any questions.
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eilsoe
10-20 03:01 PM
vts: It's that simple yes! :) I just made 2 cameras and placed them just like two eyes, then rendered each camera view...
Really simple... :)
Really simple... :)
more...
WeShallOvercome
07-12 01:37 PM
They might accept the application but send in an RFE with a request to pay the difference ;)
muralip
09-11 07:51 PM
my visit to india will have any impact on my I-485/EAD processing..?
more...
pooch
09-04 12:52 AM
I heard that GC is for a future position. If this is the case, can labor, I-140 and I-485 be filed for a person and this person join the company after labor, I-140 and I-485 have been approved? The person will join the same position mentioned in the labor cert with salary >= the labor petition.
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drirshad
01-25 09:17 PM
All fees and other infor for EAD & AP renewal online
http://www.uscis.gov/portal/site/usc...00d1f1d6a1RCRD
http://www.uscis.gov/portal/site/usc...00d1f1d6a1RCRD
more...
zeusjerry
03-26 01:30 PM
Hello Mates & Buddies,
I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
But at this year end I am also planning to take my Australian Citizenship.
So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?
And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).
Thank in advance !!!
Always,
Nirms
Are you planning to shift the H1 to a different citizenship for retrogression based issues ?? if so, i dont think there would be any advantage as Green Card Quota's are based on "Country of Birth" and not citizenship..
I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
But at this year end I am also planning to take my Australian Citizenship.
So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?
And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).
Thank in advance !!!
Always,
Nirms
Are you planning to shift the H1 to a different citizenship for retrogression based issues ?? if so, i dont think there would be any advantage as Green Card Quota's are based on "Country of Birth" and not citizenship..
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dealsnet
05-10 12:36 PM
You need to go out for 365 days to reset your H1B clock.
You can stay here on F1/H4.
You can stay here on F1/H4.
more...
next
07-27 12:34 PM
I changed mine a couple of months ago, I did not receive any RFE.
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sertasheep
07-01 10:36 AM
As far as I recollect, the Murthy article was about the spouse(dependent) receiving a GC (as part of a derivative spousal application) when his/her spouse(primary beneficiary)'s PD or her PD was not yet current.
Primary beneficiary had not received the GC, but spouse received it in error. May be that's diff from the situation where the primary beneficiary himself/herself receives the GC while the PD is not current.
Primary beneficiary had not received the GC, but spouse received it in error. May be that's diff from the situation where the primary beneficiary himself/herself receives the GC while the PD is not current.
more...
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gman
08-19 07:19 AM
Is tourist visa same as business visa for Canada? Live in the US, i-485 pending with Valid EAD and have valid tourist visa. I need to visit one of my company's client for a few days. DO i need a separate visa or should tourist visa do? What do i say at the border crossing?
Sorry if this is not the right forum.
Thanks!
Sorry if this is not the right forum.
Thanks!
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ValleyCoolie
02-14 06:20 PM
Here is my suggestion:
Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.
If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).
Hope this helps.
Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.
If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).
Hope this helps.
more...
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jessy-james
03-26 03:44 PM
I have got my EAD, and my application was filed in EB3, 2005 in perm.
With the kind of speed USCIS is working with, I fear I would never get my GC.
Whereas My brother is a Citizen. Can it be possible that he files family based GC for me ?
I have read that for family based applications they regard the priority date as date of filing I-130.
If I do so, will my current process be wiped off ?
what are the repurcussions.
Please advice.
With the kind of speed USCIS is working with, I fear I would never get my GC.
Whereas My brother is a Citizen. Can it be possible that he files family based GC for me ?
I have read that for family based applications they regard the priority date as date of filing I-130.
If I do so, will my current process be wiped off ?
what are the repurcussions.
Please advice.
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fromnaija
06-27 01:20 PM
I am in a similar situation. My attorney says I could file.
Can i file for I-485 while my H1-B extension petition is pending?
Should i premium process my H1-B petition before i can be ready to file my I-485 in july?
Thanks
sri
Can i file for I-485 while my H1-B extension petition is pending?
Should i premium process my H1-B petition before i can be ready to file my I-485 in july?
Thanks
sri
more...
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k_usa
07-12 03:48 PM
Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)
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mailmy_gc
10-29 06:24 PM
LOL! Does he mean I-485?
Looks like he is talking about I-140, See another post from jville ..
http://immigrationvoice.org/forum/forum82-ability-to-pay-issues-and-other-140-rfes-etc/1672951-i140-refile-in-eb3.html
Looks like he is talking about I-140, See another post from jville ..
http://immigrationvoice.org/forum/forum82-ability-to-pay-issues-and-other-140-rfes-etc/1672951-i140-refile-in-eb3.html
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shahraj
01-20 08:24 PM
Hi,
When I came into the United States, they documented my fingerprints. Now I want to apply for a reentry permit. Do I still have to pay for the Biometric fee? What exactly is it for?
I would really appreciate any help on the topic.
When I came into the United States, they documented my fingerprints. Now I want to apply for a reentry permit. Do I still have to pay for the Biometric fee? What exactly is it for?
I would really appreciate any help on the topic.
laststraw
04-15 12:26 PM
Here is my estimate on the timeframe:
Prepare job description etc. - 1 to 2 months (depends on company and attorney)
Prevailing Wages - 2 months (this is based on the current centralized processing)
Recruitment Process - 2 to 3 months (depends on company and attorney)
PERM Labor approval - 9 months (if it gets audited, it would take around 2 years)
I140 - 4 months (you can reduce it if you can file premium processing)
I485 - This depends on the EB category & VISA dates - if it is EB3 India, it would probably be 7-10 years or more
I am not trying to be pessimistic. This is based on what I have observed and read. I have been in this country for 10 years on H1B. I am currently waiting for my Prevailing Wages request to be processes (for my 3rd labor application). It is a long process, but as long as you are working for a good company that treats you well, you should be able to endure the pain.
Prepare job description etc. - 1 to 2 months (depends on company and attorney)
Prevailing Wages - 2 months (this is based on the current centralized processing)
Recruitment Process - 2 to 3 months (depends on company and attorney)
PERM Labor approval - 9 months (if it gets audited, it would take around 2 years)
I140 - 4 months (you can reduce it if you can file premium processing)
I485 - This depends on the EB category & VISA dates - if it is EB3 India, it would probably be 7-10 years or more
I am not trying to be pessimistic. This is based on what I have observed and read. I have been in this country for 10 years on H1B. I am currently waiting for my Prevailing Wages request to be processes (for my 3rd labor application). It is a long process, but as long as you are working for a good company that treats you well, you should be able to endure the pain.
akhilmahajan
09-13 07:33 AM
Here is an inspirational song by Mavis Staples to motivate the rally goers. The song and the video are moving. But, some might find the video graphic so, please use discretion.
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
P.S: I can't go as I have a date with the court.
100 lawmakers meetings, several lawmakers speaking at IV events, thousands will march: Immigration Voice has arranged for over 100 meetings with lawmakers to request reform of green card program. These meetings will be between IV members and lawmakers.
In addition to that, several lawmakers are scheduled to speak at rally and related events on 17th and 18th. Thousands of members will march in DC on 18th. This is a cannot-miss event. Bring your cameras and take pictures you can show the naysayers what they will miss.
what else you guys need to express yourself. This is the best platform you can even think off. Everything is being served to you, you just need to make full use of this oppurtunity. If you still think more should be done, please let us know.
Help us to help yourself
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
P.S: I can't go as I have a date with the court.
100 lawmakers meetings, several lawmakers speaking at IV events, thousands will march: Immigration Voice has arranged for over 100 meetings with lawmakers to request reform of green card program. These meetings will be between IV members and lawmakers.
In addition to that, several lawmakers are scheduled to speak at rally and related events on 17th and 18th. Thousands of members will march in DC on 18th. This is a cannot-miss event. Bring your cameras and take pictures you can show the naysayers what they will miss.
what else you guys need to express yourself. This is the best platform you can even think off. Everything is being served to you, you just need to make full use of this oppurtunity. If you still think more should be done, please let us know.
Help us to help yourself
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