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  • sankar_203
    09-25 01:35 PM
    My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?

    You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.

    Please advise.

    I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..




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  • snathan
    03-29 11:57 AM
    I understand that IV needs the money to get things done. But money is not the only thing IV needs. It needs people to volunteer, make calls, meet lawmakers, participate in rallys, general conference calls and start motivating campaigns like the one availing FOIA. If money contributions are the only way for people to be up-to-date about status of IV activities, then what about the people who contribute in other forms?

    IV may get the money needed, but at what cost?

    So what do you suggest as the alternate to get the needed fund...?




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  • gc_on_demand
    05-19 10:18 AM
    bump




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  • DallasBlue
    06-23 11:44 PM
    even if in july bulletin the dates move back, think anyone can file till jul31st.
    The applications will be valid as long as it is post marked before 31st july.

    --disclaimer: not a lawyer



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  • arc
    10-25 05:30 PM
    ^bmp^




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  • myvoice23
    07-31 01:05 PM
    1. When to be there
    not less than 15 min. of your appointment. If go and stand in line, they will send you out.
    2. What documentation to carry.
    Your EAD Receipt, 485 Receipt, Photo ID(TX Licence)
    3. How about parking
    It is open parting and free. you have plenty of parking space.
    4. Any questions (so that I can compile and ask)
    ask for name check status. If not cleared ask for when it was initiated.



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  • permfiling
    07-28 04:08 PM
    I am in the same boat as you, PM ed you, please reply

    Hi,

    First some background.
    EB2I PD is July 2006
    I140 filed Sept. 2006 and approved Oct 2006 with Company A.
    Left Company A and joined Company B in March 2007 (172 days after I140 approved).

    Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)

    While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.

    With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?

    1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
    2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
    3. Get the GC and move back to company A?
    4. Any other options??

    Thanks for your time.




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  • xstal
    01-22 05:18 PM
    See this link http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf
    See Q.18. I think your case is one of the TSC-VSC-TSC or NSC-CSC-NSC transfers. Your attorney needs to follow up with USCIS and USCIS will issue new receipts with the correct receipt dates. Contrary to earlier post, cases are processed per receipt dates, not notice dates. Check your latest 485 receipts for the dates.

    "18.Question: There are I-140 and I-485 cases that were originally filed TSC, then transferred to VSC, then transferred back to TSC 3 months later. As a result of the transfer, the original receipt date was replaced with the date of last transfer which is 3 months behind. This causes such cases behind the current processing dates at TSC. What could TSC do to pull those cases forward in the line of cases waiting for processing to correct the problem?
    Response: Cases should always retain their original receipt date. If you are aware of cases that lost that date because of work flow transfers, please let us know so we can correct the problem."

    per my OP, my physical receipt said my "RECEIPT date" is July 30th.
    but the ONLINE status said "it was RECEIVED on Sept 5th"\

    I was mainly concern about the wording on the online statis "received on..."

    how did you determine I was a NSC-CSC-NSC transfer case from that?
    I am a little confused here.

    thank you very much



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  • gccovet
    06-12 05:30 PM
    Hi All,

    I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.

    Company B has bought Company A. What should I do now?

    1) Do I have to ask them to file a fresh H1?
    2) how would the GC process be transfered to the new company that took over?

    I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.

    Can someone shed some light on this scenario?

    Thanks,
    RC:o

    No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    Note:
    "Letter of Acquirement� would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.

    GCCovet




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  • illinois_alum
    03-06 09:42 AM
    Online application usually warrants a fingerprinting , it's best to apply in paper if that needs to be avoided.

    You may avoid fingerprinting (not so sure on that) by paper filing...but applying is a lot faster and easier. Moreover, even if she has to go for fingerprinting..shouldn't be a big deal...they have ASCs all around...



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  • abhisam
    07-19 03:20 PM
    :D

    Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :rolleyes:

    And yes, I am totally new to IV. The way it has been effective, I will surely contribute...

    Even I had considered the idea of translating the BC myself or getting my friend to do it for me...but my lawyer suggested that BC is a very important document and USCIS is very particular about it. so it would be better if you get it done through a professional agency.




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  • Blog Feeds
    08-31 09:40 AM
    USCIS has released a new interim memo which clarified the method of analysis by USCIS officers that they must use in adjudicating Form I-140, Immigrant Petition for Alien Workers, filed for 1) Alien of Extraordinary Ability EB1A cases; 2) Outstanding Professor or Researcher EB1B cases; and 3) Alien of Exceptional Ability EB2 cases. The requirements for these types of I-140 petitions have not changed but this new method of evaluating the merits of cases may adversely impact those applying for immigration in these categories. This interim memo is a response to the U.S. 9th Circuit Court of Appeals decision in Kazarian v. USCIS on March 4, 2010. In the Kazarian ruling, the court held that USCIS was being too strict in deciding EB1A petitions by requiring extensive citation evidence and specific types of peer review work in order to meet the EB1A criteria. However, the court did rule that USCIS could consider evidence such as extensive citations in making a final merits review of the case to determine whether an alien is at the very top of his or her field.

    In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.

    For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;

    8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

    9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;

    10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

    After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.

    New Evaluation Process For EB1B Cases

    For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.

    Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.




    More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)



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  • manderson
    02-27 08:07 AM
    Came across this article:

    Title: U.S. Immigration Reform Bill Could Pass by July

    http://www2.csoonline.com/blog_view.html?CID=29025

    great find. this really sets a barometer for expectations... atleast personally!




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  • amitjoey
    07-19 02:19 PM
    Hi All,
    Is there a way to get an English translation of my birth ceritificate in the US? I have the original with me and to send it to India and get it done seems like a pretty big deal.

    Can anyone please advise? Requesting transalation from Marathi to English...

    Thanks,
    YT

    Use this one, I USED IT!!. Really good. USCIS Format.
    http://www.online-languagetranslators.com/marathi.htm



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  • ramaonline
    02-08 02:48 PM
    http://www.ilw.com/immigdaily/news/2008,0208-namecheck.pdf




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  • same_old_guy
    06-20 08:28 PM
    I did it few months back for my wife from CGI SFO. You should be fine. There ia one thing though. The I-693 medical exam needs your wife's passport number. You could do that only after you receive the new passport. May cause some delay.



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  • v_javans
    09-10 01:49 PM
    Thanks for the reply Veni001. Can anyone please answer to my second part of question i.e. online degree course.

    Thanks,
    javans




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  • blacktongue
    02-15 01:29 PM
    Some states will still backlogged.




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  • fcres
    07-18 04:10 PM
    Call once again to confirm this news. Some times the reps give conflicting answers.




    capriol
    05-14 04:18 PM
    Dear Folks:
    A few questions on my Advanced Parole filing (with an 485 pending):

    (1) What is the best explanation for Part 7 of the form I-131 which says, "On a seperate sheet of paper, please explain how you qualify for an advance parole document, and what circumstances warrant issuance of an advance parole."

    (2) Approximately how long does the AP approval take, and for how long is the permit valid?
    Thanks.




    dealsnet
    04-19 02:36 PM
    H1B and Employment based GC is for people in speciality fields and for the shortage of US workers for the jobs.
    It is not possible for any jobs on commission basis. PERIOD.
    You can work on OPT.

    Hello,

    I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
    in which class real estate agent falls into, EB1, EB2, EB3 or EB4???

    Thank You for your time.



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