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chinna2003

03-11 05:21 PM

This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.

Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.

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nirdlalegcade

02-26 12:34 AM

Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!

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vsrinir

09-16 03:03 PM

Pray God!!!

It Is More Important!!!!!!

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justAnotherFile

07-11 10:16 PM

what makes sense?

it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.

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anandrajesh

05-04 01:59 PM

Hi Madhuri,

Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.

Any help is greatly appreciated.

You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.

I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.

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pappu

08-10 10:30 AM

Please fill out this form to help us assist you with the lawmaker meetings.

http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36

http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36


Please make sure to put complete and correct details for us to verify you and help you with this action item.
Thanks
IV Team

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samsu

03-22 08:31 AM

Hi,

My Situation is very similar to above mentioned and I would appreciate if someone can give comments.

My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.

I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.

Also, my old employer will most likely not revoke 140.

Thanks,
Sam

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desi3933

07-20 04:29 PM

My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.

about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.

You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.

>> If you don't have a valid H1 and no EAD, you are out of status

Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.

_____________________
Not a legal advice.

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cal_dood

12-10 04:17 PM

Babson FastTrack MBA (http://cmweb.babson.edu/MBA/progrms/fasttrack.aspx) is a very good blended learning program if you are in the New England or Portland, OR area.

Please share the information on various Master degrees that you have done/doing/planning to do along with the University/school name and website information...

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good idea

09-13 07:59 PM

Common guys we need to make some thing better for EB3 folks.
I can feel optimism in your message but the reality is only (better) change (from candidate prospective) in rules can make things better...

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chanduv23

11-20 12:25 PM

This is just believe and what I think is something will be good for EB community. Specially those who has MS or Higer degree from USA. It can be tough for employee of small consulting companies. But that is Reform.

Ultimately they will hike H1b quota with some tight regulations so who ever is genuine can use it.

I know some people are saying that CIS wont be able to process all app and we have to suffer from Illegal people's filling. but if they add , recapture some visa for us in their CIR bill then dates will be current for us for some 1-2 years for sure and we can go to CP route and get green card thing done. I am 100 % sure that illegal people will not go to CP route. and CP route is very quick when dates are current.

only one thing I see if CIR passes.. Lawers.. they will be busy with illegal people and will not look at us because I am sure their fees will be higher than our straight cases and they want it desparetly than us. so lawer may not give attention to your case..

Hmmmm - laws are generally framed with generic thumb rules. They cannot be addressed to specific stuff. Visass and restrictions are based on needs and demands and not moods and whims. If USA needs software engineers, then they frame laws to get software engineers - they do not target consulting companies - remember it is we who have issues with consulting companies and it is upto those having issues to deal with them

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furiouspride

08-13 08:18 PM

I have heard for short term consulting projects, they are supposed to provide the duration of a project and say, it is for 3 months, h1 gets approved for 3 months

Next project, get a new h1, so, if you add that up, they can collect 600 Mil
and the client will most likely go belly up :D

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pappu

03-06 05:47 PM

Pankaj, can you organize the conf call and start activities. Others will join and help you.

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pappu

07-14 01:50 PM

This link didn't work for me either.

try

photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif

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Colony#39;s Cakes: My Little Pony

LONGGCQUE

11-06 05:01 PM

Thanks for sharing. This appears to be a good measure for us, if it happens.

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simple1

02-15 11:37 AM

I have the same query:

Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.

Experts please advice.

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MatsP

June 7th, 2005, 02:21 AM

These are all good suggestions and translate well from my film days. I also read that, whereas in b&w the adage was expose for the shadows and develop (or print) for highlights, in digital it is the reverse - expose to preserve detail in the highlights and then use your curves in RAW to fix the shadows where you want them. So I'll have to put all that to work this week / weekend. If the flowers stay around, that is.

Yeah, that seems like a reasonable approach. The b&w film is probably much more tolerant to overexposure than the sensor, same as colour film, you can overexpose several stops, and as long as you compensate in the printing phase. Not so with digital cameras, they can tolerate only a very mild case of overexposure. In RAW it's a little bit more tolerant than if you use JPG in the camera, but only because the most fine details in the highlight is lost when converting from internal RAW pixels to 8-bit pixels for the JPG. Also consider that the lost information is actually just the last few bits, so when multiplied up to show a decent image, you'd still get a pretty sketchy result.

I'd also like to concur with Josh about the sensitivity: the range that the sensor can accept intense light is pretty much the same for all DSLR's for the same generation. You'll just have to live with it, compensate for it and wait for the next generation of sensors that are more tolerant... ;-)

--
Mats

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hopeful08

04-21 12:29 PM

Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.

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pappu

05-14 08:41 AM

Good Morning.

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desi3933

07-19 11:35 AM

Hello IV Members,

I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.

My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.

Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.

Thanks.

You are ok.

Your wife had 180 days to file her I-485 after your approval. And that has been already filed. So no need to worry.

And, Congratulations for your I-485 approval. Welcome to the GC club.



______________________
Not a legal advice.

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Blog Feeds

09-27 10:50 AM

VIA USCIS.gov


Introduction

U.S. Citizenship and Immigration Services (USCIS) today announced a final rule adjusting fees for immigration applications and petitions. Thefinal rule (http://www.ofr.gov/OFRUpload/OFRData/2010-23725_PI.pdf)follows a period of public comment on a proposed version of the rule, which USCIS published in theFederal Register (http://edocket.access.gpo.gov/2010/pdf/2010-13991.pdf)on June 11, 2010. After encouraging stakeholders to share their input, USCIS considered all 225 comments received. The final rule will increase overall fees by a weighted average of about 10 percent but will not increase the fee for the naturalization application. The rule will also reduce fees for six individual applications and petitions and will expand the availability of fee waivers to new categories. The final rule will be published in the Federal Register September 24, and the adjusted fees will go into effect on November 23, 2010.

USCIS is a primarily fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities. Remaining funds come from appropriations provided annually by Congress. The final fee rule concludes a comprehensive fee review begun in 2009.

USCIS�s Fee-based Budget

Fees account for approximately $2.4 billion of USCIS�s $2.8 billion budget request for fiscal year (FY) 2011. More than two-thirds of the budget supports the adjudication of applications and petitions for immigration benefits at USCIS field offices, service centers, customer service call centers and records facilities. The remainder supports USCIS business transformation efforts and the funding of headquarters program offices.

The adjudication areas supported by fees include the following:


Family-based petitions - facilitating the process for close relatives to immigrate, gain permanent residency, travel and work;
Employment-based petitions - facilitating the process for current and prospective employees to immigrate to or stay in the U.S. temporarily;
Asylum and refugee processing - adjudicating asylum and processing refugees;
Naturalization - adjudicating eligibility for U.S. citizenship;
Special status programs - adjudicating eligibility for U.S. immigration status as a form of humanitarian aid to foreign nationals; and
Document issuance and renewal - verifying eligibility for, producing and issuing immigration documents.
USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS did receive appropriations from Congress and made budget cuts of approximately $160 million, this has not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the final rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.

Highlights of the 2010 Final Fee Rule

The final fee rule will increase the average application and petition fees by approximately 10 percent. In recognition of the unique importance of naturalization, the final fee rule contains no increase in the naturalization application fee.

The final fee rule establishes three new fees for:


Regional center designation under the Immigrant Investor Pilot Program (EB-5);
Individuals seeking civil surgeon designation (with an exemption for certain physicians who examine service members, veterans, and their families at U.S. government facilities); and
Recovery of the USCIS cost of processing immigrant visas granted by the Department of State.
The final fee rule adjusts fees for the premium processing service. This adjustment will ensure that USCIS can continue to modernize as an efficient and effective organization.

The final fee rule reduces fees for six individual applications and petitions:


Petition for Alien Fianc� (Form I-129F);
Application to Extend/Change Nonimmigrant Status (Form I-539);
Application to Adjust Status from Temporary to Permanent Resident (Form I-698);
Application for Family Unity Benefits (Form I-817);
Application for Replacement Naturalization/Citizenship Document (Form N-565); and
Application for Travel Document (Form I-131), when filed for Refugee Travel Document.
The final fee rule eliminates two citizenship-related fees for those service members and veterans of the U.S. armed forces who are eligible to file an Application for Naturalization (Form N-400) with no fee:


Request for Hearing on a Decision in Naturalization Proceedings (Form N-336); and
Application for Certificate of Citizenship (Form N-600).
Lastly, the final fee rule expands the availability of fee waivers to new categories, including:


Individuals seeking humanitarian parole under an Application for Travel Document (Form I-131);
Individuals with any benefit request under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and
Individuals filing a Notice of Appeal or Motion (Form I-290B) following a denial of any application or petition that did not initially require a fee.
Final Rule: Schedule of Fees

The following schedule lists the adjusted fees that will take effect on November 23, 2010, alongside the existing fees in effect until that date:



Form No.

Application/Petition Description

Existing Fees (effective through Nov. 22, 2010

Adjusted Fees (effective beginning Nov. 23, 2010)

I-90 Application to Replace Permanent Resident Card $290 $365 I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129/129CW Petition for a Nonimmigrant Worker $320 $325 I-129F Petition for Alien Fianc�(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-191 Application for Advance Permission to Return to Unrelinquished Domicile $545 $585 I-192 Application for Advance Permission to Enter as Nonimmigrant $545 $585 I-193 Application for Waiver of Passport and/or Visa $545 $585 I-212 Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal $545 $585 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er), or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 $290 I-600/600A

I-800/800A Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of Orphan Petition $670 $720 I-601 Application for Waiver of Ground of Excludability $545 $585 I-612 Application for Waiver of the Foreign Residence Requirement $545 $585 I-687 Application for Status as a Temporary Resident under Sections 245A or 210 of the Immigration and Nationality Act $710 $1,130 I-690 Application for Waiver of Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act $545 $755 I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603) $1,370 $1,020 I-751 Petition to Remove the Conditions of Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105�110) $285 $285 I-907 Request for Premium Processing Service $1,000 $1,225 Civil Surgeon Designation $0 $615 I-924 Application for Regional Center under the Immigrant Investor Pilot Program $0 $6,230 N-300 Application to File Declaration of Intention $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/600K Application for Certification of Citizenship/ Application for Citizenship and Issuance of Certificate under Section 322 $460 $600 Immigrant $0 $165 Biometrics Capturing, Processing, and Storing Biometric Information $80 $85






Last updated:09/23/2010




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