masterji
11-26 11:44 PM
How can you get original I-129? The petitoner submits that to BCIS. All you can have is a copy. Am I right?
gcpool
03-12 06:29 AM
The above is right. But make sure its applied all over the application. If not the application will be returned to you. Use the above argument in the front and then attach both the I-140s and then mark on the I-140 which is original one and which ones priority date is being used.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
nviren
02-24 01:51 PM
Hi,
In the draft, the countrywise cap is set to 10% of the quota. That's still a big stumbling block for Chinese and Indians.
We should push for getting rid of this countrywise cap.
Another, just a thought. Once they increase the cap and all those changes, so many people will be eligible and apply for 140 & 485. They will become eligible for EAD and AC21. The USCIS will drown in I140 and I485 applications and recurring appls for EADs resulting in huge administrative delays. So the spead gained by legislative action will get lost by backlog due to administrative actions. Classic case of give by one hand and take away by another.
Any thoughts?
nviren
In the draft, the countrywise cap is set to 10% of the quota. That's still a big stumbling block for Chinese and Indians.
We should push for getting rid of this countrywise cap.
Another, just a thought. Once they increase the cap and all those changes, so many people will be eligible and apply for 140 & 485. They will become eligible for EAD and AC21. The USCIS will drown in I140 and I485 applications and recurring appls for EADs resulting in huge administrative delays. So the spead gained by legislative action will get lost by backlog due to administrative actions. Classic case of give by one hand and take away by another.
Any thoughts?
nviren
GCOP
10-21 05:07 PM
I also called the number 202-224-7703. The lady told me that, it is scheduled for hearing this fall and we can check on Website judiciary.senate.gov . She said, usually they post the date, 1 week before the hearing in the committee. She is also told that, she is going to pass on the message for hearing, to the senators.
more...
indyanguy
11-07 08:58 AM
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
Thanks for the detailed reply. In my case, the company's lawyer suggested this option. I have a MS from US, have enough experience and the job profile justifies an EB2 application. Unfortunately, I got stuck with EB3.
I will keep in mind what you suggested and will do more research before taking any action.
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
Thanks for the detailed reply. In my case, the company's lawyer suggested this option. I have a MS from US, have enough experience and the job profile justifies an EB2 application. Unfortunately, I got stuck with EB3.
I will keep in mind what you suggested and will do more research before taking any action.
pmpforgc
12-11 02:12 PM
Hi
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
more...
ambals03
04-29 04:18 PM
Video - Opinion Journal: The Other Immigrants -- Stuart Anderson on high-skilled foreign workers. - WSJ.com (http://online.wsj.com/video/opinion-journal-the-other-immigrants/2DA1C016-C62B-4CE1-88FE-8F4502C9B9C8.html)
little_willy
05-02 12:56 PM
I am in a similar situation. I was offered the job but was later declined in a top 5 fortune company because of this scenario. My 6-yr H1 ends on Sep 2007 and I have a 3-yr extension based on approved I-140 with current employer till Sep 2010. The company attorney that initially offered me the job reasoned that this is a grey area and they are not willing to take the risk. So, bottomline is different immigration lawyers have different opinion on this matter. It is a case of how you read the grey print.
Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.
Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.
more...
nixstor
09-27 01:40 PM
http://marketplace.publicradio.org/am.html
Dont see anything you mentioned about shortage of workers on Marketplace.
It would be great if we can get some support from David Heenan like Richard Florida.
Dont see anything you mentioned about shortage of workers on Marketplace.
It would be great if we can get some support from David Heenan like Richard Florida.
semiGator
01-07 09:38 AM
Not sure if this help, but... http://www.uscis.gov/files/pressrelease/Public.pdf
more...
marty
01-09 01:07 PM
I think the text of the post is missing. I am quoting it from the original post below.
URL: http://immigrationvoice.org/forum/showthread.php?t=23029
We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:
US House of Representatives
https://writerep.house.gov/writerep/welcome.shtml
US Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm
I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:
http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf
------------------------------------------------------------------
E-Mail Subject
Delay and concerns about USCIS processing time updates
E-Mail Text
Dear [Name of your local representative]:
I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:
1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.
2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.
I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.
Thank you,
[Your Name]
------------------------------------------------------------------
Please let me know if anything else needs to be added to the e-mail text.
Thanks.
URL: http://immigrationvoice.org/forum/showthread.php?t=23029
We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:
US House of Representatives
https://writerep.house.gov/writerep/welcome.shtml
US Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm
I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:
http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf
------------------------------------------------------------------
E-Mail Subject
Delay and concerns about USCIS processing time updates
E-Mail Text
Dear [Name of your local representative]:
I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:
1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.
2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.
I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.
Thank you,
[Your Name]
------------------------------------------------------------------
Please let me know if anything else needs to be added to the e-mail text.
Thanks.
jasmin45
12-05 07:04 PM
I was recently speaking with a member and he told me that people even congratulate each other when they have LUDs. :D
Very funny! but sadly true and LUD's are integral part of several signatures.. I could not control my laughter when I read your this very statement.:D:D:D
Very funny! but sadly true and LUD's are integral part of several signatures.. I could not control my laughter when I read your this very statement.:D:D:D
more...
arnet
11-16 01:49 PM
any one had this experience? thanks and sorry to post this again.
simple1
10-26 05:59 PM
I have personally seen few indian-nationals with US-GCs telecommuting on short-term (arround 30 days) while on vacation in india paid only in usa payroll and paying only USA taxes. The same may be applicable for AOS/AP/EAD.
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
more...
Asfandyar
08-22 06:10 PM
SKIL Bill--S-2611--Introduced to the House, May Raise H-1B, EB Quotas
The SKIL Bill has been introduced to the House of Represenatives by nine congressmen, all Republicans. (The acronym stands for "Securing Knowledge Innovation and Leadership.") If passed into law, S-2611 would raise the H-1B cap to 115,000 and the EB quota to 290,000. It would also exempt spouses and children from the quota, which would certainly eliminate the current 5-year backlog in the EB-3 category. Many agree that the SKIL Bill is important to the U.S. economy.
SKIL Bill: Who, What, Why?
The SKIL Bill would help programs bring well-educated foreign talent together with U.S. employers who say they are suffering a shortage of skilled workers.
Introduced by Representative John Shadegg (R-AZ), the SKIL Bill would reform the H-1B visa system as well as the employment- based (EB visa) green card process. Cosponsors include representatives John Campbell (R-CA), K. Michael Conaway (R-TX), John T. Doolittle (R-CA), Jeff Flake (R-AZ), Peter Hoekstra (R-MI), Michael McCaul (R-TX), Mike Pence (R-IN), John Shimkus (R-IL) and Todd Tiahrt (R-KS).
The United States has found itself in a state of lacking competitiveness due to the difficulties that foreign students and workers have encountered with the U.S. visa process. The SKIL Bill's introduction to the House sends a message that the Bush Administration and the U.S. Congress alike are addressing this issue and taking it seriously.
Some of the highlights of the SKIL Bill (Securing Knowledge Innovation and Leadership) include:
-EB and H-1B cap exemptions for foreign workers educated in the United States who have earned a graduate degree. U.S. educated foreign workers with master's or higher degrees.
-Making the H-1B process and cap more flexible, based on market needs, so that U.S. employers are not severely delayed from hiring essential foreign talent for months at a time.
-Extending optional post-graduate work (practical training) from 12 months to two years, so that these highly skilled, U.S.-educated foreign workers have a better chance of attaining green card status and using their talents in the States.
-Exempting spouses and children of EB green card applicants from the annual EB immigrant visa cap, which would free up these visas for the professionals themselves.
Reasons Behind the SKIL Bill
For more extensive details, see the entire text of the SKIL bill.
http://shusterman.com/pdf/skil506.pdf
The SKIL Bill has been introduced to the House of Represenatives by nine congressmen, all Republicans. (The acronym stands for "Securing Knowledge Innovation and Leadership.") If passed into law, S-2611 would raise the H-1B cap to 115,000 and the EB quota to 290,000. It would also exempt spouses and children from the quota, which would certainly eliminate the current 5-year backlog in the EB-3 category. Many agree that the SKIL Bill is important to the U.S. economy.
SKIL Bill: Who, What, Why?
The SKIL Bill would help programs bring well-educated foreign talent together with U.S. employers who say they are suffering a shortage of skilled workers.
Introduced by Representative John Shadegg (R-AZ), the SKIL Bill would reform the H-1B visa system as well as the employment- based (EB visa) green card process. Cosponsors include representatives John Campbell (R-CA), K. Michael Conaway (R-TX), John T. Doolittle (R-CA), Jeff Flake (R-AZ), Peter Hoekstra (R-MI), Michael McCaul (R-TX), Mike Pence (R-IN), John Shimkus (R-IL) and Todd Tiahrt (R-KS).
The United States has found itself in a state of lacking competitiveness due to the difficulties that foreign students and workers have encountered with the U.S. visa process. The SKIL Bill's introduction to the House sends a message that the Bush Administration and the U.S. Congress alike are addressing this issue and taking it seriously.
Some of the highlights of the SKIL Bill (Securing Knowledge Innovation and Leadership) include:
-EB and H-1B cap exemptions for foreign workers educated in the United States who have earned a graduate degree. U.S. educated foreign workers with master's or higher degrees.
-Making the H-1B process and cap more flexible, based on market needs, so that U.S. employers are not severely delayed from hiring essential foreign talent for months at a time.
-Extending optional post-graduate work (practical training) from 12 months to two years, so that these highly skilled, U.S.-educated foreign workers have a better chance of attaining green card status and using their talents in the States.
-Exempting spouses and children of EB green card applicants from the annual EB immigrant visa cap, which would free up these visas for the professionals themselves.
Reasons Behind the SKIL Bill
For more extensive details, see the entire text of the SKIL bill.
http://shusterman.com/pdf/skil506.pdf
vvpandya
05-18 05:51 PM
Bender's Immigration Bulletin (http://bibdaily.com/)
more...
webm
05-06 09:14 AM
First of all there is no "substitution labor" anymore..USICS may not accept it according to a new rule set in last yr June..
uslegals
12-20 02:00 PM
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
venkat9
03-10 09:13 AM
Hi All,
I just wanted to share my RFE regarding the "Experience Lettters"
I got an RFE on 1/23/2008 "Evidence of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties."
The desi company that I worked for in US doesn't exist anymore. I got a affidavit from one of my ex-colleagues who is currently working for a company in INDIA.
And it worked for me. My attorney sent the documents to USCIS @ NSC on 3/3 and we got an Approval Notice on 3/7.
I just wanted to share my RFE regarding the "Experience Lettters"
I got an RFE on 1/23/2008 "Evidence of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties."
The desi company that I worked for in US doesn't exist anymore. I got a affidavit from one of my ex-colleagues who is currently working for a company in INDIA.
And it worked for me. My attorney sent the documents to USCIS @ NSC on 3/3 and we got an Approval Notice on 3/7.
Wish_Good
05-02 01:53 AM
Hi Attorney,Senior People, Gurus,
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good
kshitijnt
05-05 12:36 AM
No problem using AP through germany. I travelled in Jan 2009. No issue whatsoever. No one bothered to check any document.
