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  • linray
    06-14 12:38 PM
    Bolt,
    Could you please update this post? Per the post, I got some points:
    1. Your H1B extension denied and your I-94 card is expired
    2. You filed H1B transfer again using premium processing
    3. You got approval

    Did you get a new I-94 card since your I-94 is expired?
    Do you need to leave the USA for stamp?





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  • dpp
    02-06 09:01 PM
    Whenever the H1 is transferred, H4 also has to be transferred.





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  • Cheetah5
    01-28 12:03 AM
    Hi,..
    My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
    Reason - travel language in the notice of filing but not on form 9089.

    Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?

    As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
    thanks,..





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  • dexter
    12-16 01:37 PM
    Hi All,

    My perm application was denied and the resson for denial is -
    "The newspaper used by the employer to advertise the job opportunity per the mandatory recruitment step provisions is not a newspaper of general circulation in the area of intended employment which has a Sunday circulation"

    Once we received the denial, the attorney found out that he made a mistake in the perm application and the news paper mentioned in the perm application was not the news paper in which the advertisement was placed. Now they are filing an appeal to reverse the certifying officers decision. Also the news paper mentioned the perm application is a valid news paper for the area of intended employment. The attorney is submitting evidence to the same.

    As I am in the 6th year of my H1b, what are my options? I was out of the country for 88 days in the last 5 years and can use it for H1B recapture.

    Would it make sense for me to ask my employer to file for a new perm application or should I wait for the appeal's decision.

    Thank you your help.



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  • GCwaitforever
    09-28 02:33 PM
    Once retrogression starts, I-485 processing is held for all cases with priority date after the cut-off date.

    Even if your priority is current, I-485 will not be processed until you clear FBI name check and other security checks (and also I-140 in case of concurrent processing).

    If you believe you cleared name check process from FBI, and only processing of I-140 is holding your I-485, then switching to I-140 premium processing makes sense.

    You could try premium I-140 process and hope for name check to be cleared in time so that your I-485 is processed before retrogression kicks in.





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  • bandya
    04-28 03:30 PM
    Second contribution of $200. Contributed $400 till now.
    Comon guys we can do it - $100 from 500 of the 3000+ members would get us to our immediate goal!!!



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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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  • sunil68
    04-04 04:26 PM
    .



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  • anai
    09-18 10:31 AM
    Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.

    1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?

    2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.

    Thanks to the two other posters, for their informative replies.

    Here's a follow up. I just called USCIS to discover the following:
    About two years ago, we moved and filed AR-11s. The address in their system shows a mix of old and new for me (whereas the address is right for my dear wife). And my card was sent to this incorrect address. What should happen next is that the card will be returned to them and then get mailed out again, but this time with the correct address. What will happen in reality is anybody's guess.

    Updating here in case this is helpful to anyone else.

    By now I am so used to having a constant 'green card concern' gnawing on a corner of the mind. We've probably grown so fond of each other over the years that even after 485 approval, it lingers on.





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  • willwin
    06-30 02:03 PM
    Pappu,

    Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?

    Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.

    I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?

    Correct me if I was wrong.



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  • desi485
    01-08 04:29 PM
    Does the cover-letter you included while filing your 485 include your job duties?
    thats basically what you need, to make sure your new duties/position are inline with what was decribed in the LC.

    We have a company lawyer. Only thing I have is 485 receipts, FP notice, EAD and AP.

    Nothing has been shared with us till I-140 approval.

    Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.

    I still doubt that USCIS will expect me to have these documents.

    Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?

    I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???





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  • freddy22
    04-24 03:52 PM
    My son is in custody and I am bonding him out this week;
    ICE charged him deportable as a Aggrevated Felon becuase ;
    He had a PETTY LARCENY in 2009 (misdemeanor) - orginal sentance to 60 days weekend intermittent jail and 3 years probation;
    He violated probation and was given a year of weekends by the judge;
    Now ICE are charging him as a AF saying he is deportable because his record shows 365 sentance for the petty larceny!!!
    I an others disagree and that 'a year of weekends' is NOT a sentance of a year or a suspended year;
    Any case files or history anyone - your answers are welcomed!



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  • Refugee_New
    05-30 05:14 PM
    I e-filed my EAD renewal yesterday and got the reciept copy.

    Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?





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  • rajuram
    01-26 07:22 PM
    FYI, I have been in the queue for 6.5 years now. I did write the letter.

    Did your write your letter?

    15 minutes of yout time could save you 6-12 years of waiting!



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  • TamilSelvan
    03-16 12:01 PM
    My wife entered to US with L2 dependent Visa and got SSN# with L2-EAD.Meanwhile we both applied and got H1 by employer A which is valid from OCT 06-SEP 09. Although she has enough experience but her medical condition she never worked and neither has pay-stub/W2. Then both of us never travelled out of US. Meanwhile she went India SEP 08 and stayed 5 months. When I went for vacation I got my H1 stamping and she got H4 stamping at the same time and we are in US. Now she got an offer from employer B and he is willing to do COS H4-H1for her. We checked with Employer A and they haven't revoked her H1b till now.

    Our questions are

    1) Since she doesn't have any paystub/w2, is it possible to do COS?
    2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
    3) How long does it take to complete the COS if done by PP.
    4) How much risk does this case carry/what are the issues she could face?

    Really appreciated your valuable answers

    Thanks in Advance
    TamilSelvan





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  • dpp
    11-17 09:48 AM
    House bill passed long back, but there are very few differences between Senate and House bills. They have to reconcile.



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  • AUG2005GC
    08-27 10:04 PM
    Hi folks,

    Is there any body out here ported eb3 to eb2 from same employer.
    If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.

    Your help is greatly appreciated.

    Many thanks in advance

    its is definitely possible provided your position has new responsibilites preferably management responsibilities in addition to current responsibilites. I applied in EB3 as a programmer and 4 years later with same employer i appied as Project Manager in EB2. I got my date ported and got my GC last month. Hope it helps. Best Luck





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  • mirage
    06-16 09:33 PM
    In my case they made 4-5 attempts before it was delivered...





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  • sayantan76
    06-01 06:57 AM
    Hey dont you think there should be some minim qualifications before you could be filed for as manager, for eg:- MBA or something like that? The so called friend of this guy is not a manager but is going to be made into a manager just for the EB1 purpose. How can they do that. I believe this is a Indian consulting company!!
    I work for one of the largest companies in the world and my company has clear policies on work visas and who qualifies for a managerial visa and who does not! I do have an MBA degree and independently manage a $95 million business portfolio and have a small team as well.

    It is the propensity on part of some companies to stretch the definition of whats allowed and whats not that creates an impression that there is rampant visa fraud and these visas should be done away with/ made more difficult to obtain.





    arunkotte
    07-18 05:51 PM
    Called again to find the same response of Denied.

    The attorney's office is trying to get in touch with USCIS and find more info.

    Meanwhile, planning to use InfoPass to meet with IO.

    Why notice to deny was not sent to me is puzzling me. No RFE's.

    I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).


    Make sure you save a copy of status showing pending today.





    gcwait2007
    07-07 01:38 PM
    I have applied 485 during the july07 fiasco,I got 2 eads and aps,they have not even touched my case since april08.Is my case preadjudicated?

    If you have not yet received any RFE, you are a lucky person and your I-485 application has been filed perfectly. As per USCIS announcements, they have almost completed (99.99%) review of all pending AOS cases and pre-adjudicated most of them. I will presume that your case has been pre-adjudicated and all set to go Green whenever visa number is available.

    One way to find out whether your case been pre-adjudicated is to call USCIS thro POJ method and talk to a IO (not customer service person) and they will be able to tell you.



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