desi3933
08-28 03:40 PM
internal for who do u work DOS/USCIS u jerk
You must be *so proud* of yourself.
You must be *so proud* of yourself.
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pd_recapturing
06-21 02:29 PM
Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?
Alabaman
09-07 12:20 PM
Please delete this thread... it is off topic and irritating.
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srsga
09-01 04:30 PM
I don't think so...today I got the Card Production Ordered email , after attending the interview at a local office a month ago. My PD is 06/30/2004 . You should be getting it soon, good luck.
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tonyHK12
10-16 10:15 AM
what is the cost for premium processing
$1000
$1000
felix31
12-04 11:09 PM
the scary thing with imm lawyers is that they can mismanage client's case for one reason or another, but the client is the one who gets penalized...
I mean, what's the purpose in hiring a lawyer, if one is expected to know every single nuance of ever changing imm laws...
I mean, what's the purpose in hiring a lawyer, if one is expected to know every single nuance of ever changing imm laws...
more...
inskrish
09-28 12:30 AM
and tiped around $ 100, suddenly he started yelling at me...
Well, probably, you might have underestimated the power of JB, I guess. He got pissed off since you paid just $100. :D
Well, probably, you might have underestimated the power of JB, I guess. He got pissed off since you paid just $100. :D
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dvb123
02-28 07:02 PM
US grants home schooling German family political asylum | World news | The Guardian (http://www.guardian.co.uk/world/2010/jan/27/german-home-schooling-family-asylum)
USCIS goes by the book not by the how dumb the rule is.
USCIS goes by the book not by the how dumb the rule is.
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Miya Maqbool
06-17 03:47 PM
If you have your 140 approved, then if Emp A withdraws may not cause any damage, but if your 140 is not approved and if Emp A withdraws it, certainly cause a big damage.
What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)
Thanks
What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)
Thanks
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gatec77
07-18 05:19 PM
Since his i140 is approved he should be eligible for H1B 3 yrs extension. I think it does not matter even if has changed employer.
more...
fromnaija
11-14 11:47 AM
Unfortunately for renewal and replacement EAD you will have to pay the new fee of $340 and yes your EAD will be valid for only one year.
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makemygc
04-02 09:31 PM
Hi Desiguy786,
I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
more...
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desi3933
01-14 10:57 AM
http://www.cis.ctc.edu/pub/groups/ppmsug/ICvEEHandout.pdf
__________________
Not a legal advice.
__________________
Not a legal advice.
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Prashanthi
05-12 03:03 PM
I would not worry about it at this point, this seems to be an internal matter, cases are often transferred to other service centers for speedy processing, sometimes it could be an error also, whatever this might be, this is not something you have control over. If the I-140 becomes overdue you should have your employer call or write to the service center.
more...
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Legal
07-11 06:19 PM
All I said was stuck could have taken the high road as a moderator and conveyed your concerns politely. I would have respectfully expressed understanding and stop doing whatever I was doing. Instead he keeps sending abusive personal messages.
What kind of moderation is this.
Peace:)
What kind of moderation is this.
Peace:)
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Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
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meridiani.planum
01-08 12:03 AM
Below mentioned points are from the NAFSA Adviser's Manual (2006 release)
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.
P.S: fix the subject, it is too generic...
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.
P.S: fix the subject, it is too generic...
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pathmaker
09-22 08:56 AM
Hello,
Anybody has information to offer for such a case ?
Thanks.
write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM
and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current
Anybody has information to offer for such a case ?
Thanks.
write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM
and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current
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Googler
02-20 08:15 PM
Just food for thought. At this time there are 28600 EB1 visas. Most in the EB1 category are current or pretty close to it.
As a matter of fact, EB-1 annual limit = 28.6% of 140K = 40,040 and it has been current for a while.
As a matter of fact, EB-1 annual limit = 28.6% of 140K = 40,040 and it has been current for a while.
yestogc
05-07 04:49 PM
There are lot of people both ahead and behind you (of course with their own set of prayers), some get RFE's some don't. But yes as of this writing and at least for this year GC journey is going to be hard and very slow.
mzdial
January 20th, 2004, 11:48 PM
What was your shutter speed? I downloaded the image, but all I saw in the exif was some Mac Photoshop CS info..
I'm guessing stopping down that lens (like f/8-11) will probably yield you the best results on that 75-300. I've heard that it's soft on the long end too. Obviously with the available light, your shutter speed is going to have to figured from metering. You said it was sunrise, so I'm guessing your shutter speed was determining how much you could stop down, without needing a tripod and/or having the geese blur cause of motion.
If the 300D's AF is similar to the 10D, it's not the quickest. Don't touch a 1D or you will long to upgrade. :-)
I'm guessing stopping down that lens (like f/8-11) will probably yield you the best results on that 75-300. I've heard that it's soft on the long end too. Obviously with the available light, your shutter speed is going to have to figured from metering. You said it was sunrise, so I'm guessing your shutter speed was determining how much you could stop down, without needing a tripod and/or having the geese blur cause of motion.
If the 300D's AF is similar to the 10D, it's not the quickest. Don't touch a 1D or you will long to upgrade. :-)
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