baburob2
04-29 01:05 PM
Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
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rajpatelemail
03-02 12:29 PM
What else we have to see: All tamils , all kannadas, all delhites, all north indians, all beharis, all gujarathis, all punjabis are bastards and cause for every silly/big thing in our lives...
Grow up guys and please do not respond to these threads to increase the fight.
I do not know why IV admins are still keeping those threads...
It is just 1 second work to delete/disable that thread, which will straighten out all the hatemongers to put more flame
Grow up guys and please do not respond to these threads to increase the fight.
I do not know why IV admins are still keeping those threads...
It is just 1 second work to delete/disable that thread, which will straighten out all the hatemongers to put more flame
somegchuh
07-11 06:09 PM
Hi Bose,
so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!
Ah the wonders of govt work...
so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!
Ah the wonders of govt work...
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buehler
02-12 08:28 AM
My wife was also in the same situation. We hired a good Driving Violations lawyer. He reduced it to a no points 'Reckless Driving' ticket. It did increase our insurance premiums but no other effect.
more...
NANO3
11-10 09:56 PM
i don't see any stamps :stare:
Blog Feeds
03-29 07:50 AM
Released: March 17, 2011
WASHINGTON�In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.
USCIS understands that a natural disaster can affect an individual�s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:
The grant of an application for change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
Re-parole of individuals granted parole by USCIS;
Extension of certain grants of advance parole, and expedited processing of advance parole requests;
Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);
Expedited employment authorization where appropriate; and
Assistance to LPRs stranded overseas without immigration documents such as Green Cards. USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office.
Visitors traveling under the Visa Waiver Program may visit a USCIS local office (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e39c0b89284a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e39c0b89284a3210VgnVCM100000b92ca60a RCRD) for assistance. Japanese nationals who are at a U.S. airport may contact the U.S. Customs and Border Protection office there.
For more information on USCIS humanitarian programs, visit www.uscis.gov (http://www.uscis.gov/) or call the National Customer Service Center at 1-800-375-5283.
Last updated:03/17/2011
More... (http://ashwinsharma.com/2011/03/21/uscis-reminds-japanese-nationals-impacted-by-recent-disaster.aspx?ref=rss)
WASHINGTON�In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.
USCIS understands that a natural disaster can affect an individual�s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:
The grant of an application for change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
Re-parole of individuals granted parole by USCIS;
Extension of certain grants of advance parole, and expedited processing of advance parole requests;
Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);
Expedited employment authorization where appropriate; and
Assistance to LPRs stranded overseas without immigration documents such as Green Cards. USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office.
Visitors traveling under the Visa Waiver Program may visit a USCIS local office (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e39c0b89284a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e39c0b89284a3210VgnVCM100000b92ca60a RCRD) for assistance. Japanese nationals who are at a U.S. airport may contact the U.S. Customs and Border Protection office there.
For more information on USCIS humanitarian programs, visit www.uscis.gov (http://www.uscis.gov/) or call the National Customer Service Center at 1-800-375-5283.
Last updated:03/17/2011
More... (http://ashwinsharma.com/2011/03/21/uscis-reminds-japanese-nationals-impacted-by-recent-disaster.aspx?ref=rss)
more...
rollercoaster
03-24 01:04 PM
Hi all,
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
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psnycgirl
03-08 05:24 PM
Yes, I do get a separate approval notice every time.
We did speak to our lawyer today and she thinks its not a big deal and its ok to travel. So we are thinking of going ahead with our plans!
We did speak to our lawyer today and she thinks its not a big deal and its ok to travel. So we are thinking of going ahead with our plans!
more...
LookingForGC
06-29 05:20 PM
The question looks good to me, i am also looking for the answer. Hope someone will give right answer for this.
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Mirage_GC
06-23 05:18 PM
I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
more...
WAIT_FOR_EVER_GC
08-24 10:05 AM
Any chances of Chances of Reconsidering this MEMO in the near future?
Economy my friend. This will not happen soon.
Economy my friend. This will not happen soon.
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balakishore
02-08 12:44 PM
I think any non-H1 (including H4) stay wont count. You will have full 6 yrs on H1 visa.
This is wrong. If you go out of USA and come back after a gap of 1 year, then only u will get full 6 years. Other wise whatever your status is ( as L1, B1 etc ) that will count into H1 period
This is wrong. If you go out of USA and come back after a gap of 1 year, then only u will get full 6 years. Other wise whatever your status is ( as L1, B1 etc ) that will count into H1 period
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gcnirvana
06-03 08:29 PM
I e-filed yesterday and the address came as USCIS Nebraska Service Center, as expected. My 485 is pending there and my previous EAD was also from NSC.
Where was your last EAD and 485 applied and processed at?
Hello All
Has any one else experienced this? From the two posters above (which includes me) EAD and AP efiled applications went to National Benefits Center and generated the receipt numbers starting with MSC?
Please share your experience. Is there any thing to worry in this case?
- ms
Where was your last EAD and 485 applied and processed at?
Hello All
Has any one else experienced this? From the two posters above (which includes me) EAD and AP efiled applications went to National Benefits Center and generated the receipt numbers starting with MSC?
Please share your experience. Is there any thing to worry in this case?
- ms
tattoo Are you a Discount Tire fan?
seaken75
10-04 03:40 PM
I forgot to add another question:
Any July fliers with EAD approved with NSC?
Any July fliers with EAD approved with NSC?
more...
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milind70
08-11 12:56 PM
hello all,
i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.
i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.
thanks
-M:confused:
mail to NSC where you have mailed your application,you might have mailed your 485 to NSC since your 140 was approved from there.
i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.
i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.
thanks
-M:confused:
mail to NSC where you have mailed your application,you might have mailed your 485 to NSC since your 140 was approved from there.
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raysaikat
11-18 12:57 PM
I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
Yes. They are independent.
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed.
You must have advance parole to travel abroad after you have applied for green card. If the green card is approved while you are abroad and you do not have AP, theoretically the green card is considered abandoned.
H1-B VISA is independent of green card. You can obtain an H1-B VISA in a consulate abroad after you have the I-797 (H1-B approval).
What is the best way to be able to travel abroad in these circumstances?
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
Yes. They are independent.
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed.
You must have advance parole to travel abroad after you have applied for green card. If the green card is approved while you are abroad and you do not have AP, theoretically the green card is considered abandoned.
H1-B VISA is independent of green card. You can obtain an H1-B VISA in a consulate abroad after you have the I-797 (H1-B approval).
What is the best way to be able to travel abroad in these circumstances?
more...
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sertasheep
05-27 03:10 PM
.bumping
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rockstart
06-18 12:49 PM
I guess most July filers gave their FP in Oct 2007 so they are due for FP in Jan / Feb 2009. Will they have to fill another form then with $80 biometric fees or will it be free?
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ecgoon
05-27 11:01 AM
Hey, just be confident.. not all people get a chance to go in a place and apply for a job.. besides, if you have all the qualities of an applicant, there is no reason to be shy, rather tell your interviewer on what you can do to be an asset and help the company grows more.:D
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fasterthanlight�
05-10 04:04 PM
Thanks! I'm just wondering why I was the first to think of it. MEh.
inderman
10-10 10:50 AM
Here is some genuine feedback about USCIS customer service:
1. NCSC is unable to provide any inputs on the actual problem... this becomes a bottleneck.
2. Once an SR is created, no further SR can be created for 30 or 45 days...If you really got to know of an issue with your case from an SR that was first created, how and why is their this expectation that you need to wait for 30 days before which you can get back to USCIS for resolving that problem.
3. NO consistency in the answers provided by USCIS... I had an Infopass, call to NCSC and call to NSC within the span of one hour on the same day... The answers i got to the same question was completely different and completely off in some cases... How can candidates continue to wait and work patiently with USCIS if this continues?
4. Infopass appointment does not seem to help... I go and tell the officer about a problem and the officer says not a problem and just wait... the next time i talk to NSC, they tell me to follow up with an infopass.
Please highlight these points in the session in a constructive manner as a means to improve cusotmer service.
Thanks,
1. NCSC is unable to provide any inputs on the actual problem... this becomes a bottleneck.
2. Once an SR is created, no further SR can be created for 30 or 45 days...If you really got to know of an issue with your case from an SR that was first created, how and why is their this expectation that you need to wait for 30 days before which you can get back to USCIS for resolving that problem.
3. NO consistency in the answers provided by USCIS... I had an Infopass, call to NCSC and call to NSC within the span of one hour on the same day... The answers i got to the same question was completely different and completely off in some cases... How can candidates continue to wait and work patiently with USCIS if this continues?
4. Infopass appointment does not seem to help... I go and tell the officer about a problem and the officer says not a problem and just wait... the next time i talk to NSC, they tell me to follow up with an infopass.
Please highlight these points in the session in a constructive manner as a means to improve cusotmer service.
Thanks,