gcnirvana
06-27 06:51 PM
From Immi-Law:
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
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GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
morchu
04-25 03:39 AM
On EAD you can work multiple jobs, accept payment or stocks or compensation from any employer.
By the way, in H1B you can accept "profit on passive investment".
Alright so it is better then i dont take any equity at all untill i get greencard?
what if i come on EAD ?? does it effect anything or still the same result ??
Thanks Again!!
By the way, in H1B you can accept "profit on passive investment".
Alright so it is better then i dont take any equity at all untill i get greencard?
what if i come on EAD ?? does it effect anything or still the same result ??
Thanks Again!!
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kshitijnt
01-25 08:55 PM
Some members in other posts have used abusive language to the extent of comparing my wife to a dog. And some have asked for the money since I have got the answers. I am not sure how these "skilled" people can lobby for the skil bill or for that matter convince a single congressman.
I am keeping an open mind and soon when I get my tax refund or bonus I will be able to contribute. I have high personal expenses and I am not too desperate for GC to ruin my financial security and run after this mirage. Hope you guys get it. If you are short on money just ask. I agree my post was off topic, but it did not warrant insults. It just shows what kind of people I will be company to. Now if I were to call you guys some "shiite moolahs" you wont like it, would you?
I am keeping an open mind and soon when I get my tax refund or bonus I will be able to contribute. I have high personal expenses and I am not too desperate for GC to ruin my financial security and run after this mirage. Hope you guys get it. If you are short on money just ask. I agree my post was off topic, but it did not warrant insults. It just shows what kind of people I will be company to. Now if I were to call you guys some "shiite moolahs" you wont like it, would you?
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Rockey
02-29 02:37 PM
Okay..That means..we need to give A# also without fail?
I am afraid my company will ask for more details if I disclose this information that's why i want to give No for these questions..:mad:
You have given Yes to this questions right ?
If I don't mention my A# would it be okay? or will they find out by some other ways?
I am afraid my company will ask for more details if I disclose this information that's why i want to give No for these questions..:mad:
You have given Yes to this questions right ?
If I don't mention my A# would it be okay? or will they find out by some other ways?
coolgc
05-14 01:05 PM
As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -
http://www.ilw.com/articles/2006,0119-eiss.shtm
Thank you very much for the information and also for the very useful link.
http://www.ilw.com/articles/2006,0119-eiss.shtm
Thank you very much for the information and also for the very useful link.
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resident
04-14 01:35 PM
Hello,
I have previously contacted an attorney from NY which has been very successful with O-1 visa applications. He has helped two people I know and apparently has a 100% success rate (I suppose that could come from only choosing cases he's sure will go through). This attorney has reviewed my CV and stated I certainly qualify for the O-1 visa. This guy is also very expensive.
My employer is willing to pay for all visa expenses, as long as it's through their own law firm (which charges about $5000 less than the NY guy). So my question is: as long as the CV is strong, is it possible an attorney could screw up the application, by not preparing it very well? Basically, I am trying to decided whether I should suggest to my employer eating up the cost difference so that I can work with the guy from NY.
Any advice welcome.
Thanks!
I have previously contacted an attorney from NY which has been very successful with O-1 visa applications. He has helped two people I know and apparently has a 100% success rate (I suppose that could come from only choosing cases he's sure will go through). This attorney has reviewed my CV and stated I certainly qualify for the O-1 visa. This guy is also very expensive.
My employer is willing to pay for all visa expenses, as long as it's through their own law firm (which charges about $5000 less than the NY guy). So my question is: as long as the CV is strong, is it possible an attorney could screw up the application, by not preparing it very well? Basically, I am trying to decided whether I should suggest to my employer eating up the cost difference so that I can work with the guy from NY.
Any advice welcome.
Thanks!
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4yourforGC
03-20 12:16 PM
my 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks
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GotGoose?
04-26 08:12 AM
Very nice - I like the green one a lot too.
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Kapils573
12-12 06:43 AM
Hello everyone,
My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.
Guru's pls guide
Thanks
Kapil
My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.
Guru's pls guide
Thanks
Kapil
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aaren253
02-19 02:50 AM
I am 15 years old travelling alone on American Airlines from Toronto YYZ, Canada to Delhi, India via Chicago ORD. Will there be any problems for a 15 year old travelling alone.
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buehler
07-27 12:10 PM
Yes that is correct. Any particular reason why you're bothered about whether the RD is Friday or Monday?
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dealsnet
02-13 01:11 PM
Tourist visa is for tourism purpose only. You want advice to misuse the visa ?. 10 year multiple entry visa can be used number of times. But she stays more (like 6 month max) for each visit, after 2 such visit, within a small gap say 2-6 months, there is a chancce to blacklist her and may be allow for 1-2 months I-94, or deny her entry. They are smart to see the intension of people. They look for the pattern of visit.
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glus
10-21 06:53 AM
Certain felonies make a person inadmissible, which means no Green Card may be issued for such a person for either 15 years of indefinitely. You need to be more specific. Crimes of moral turpitude are inclusive. There are some limited waivers for some, but not all grounds of inadmissibility.
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mk26
06-10 08:28 AM
Are you the mouth piece for your friend...?
I liked the answer, these days there are lot of message meant for freinds only, no offence in helping friends though.
I liked the answer, these days there are lot of message meant for freinds only, no offence in helping friends though.
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dealsnet
11-04 09:46 AM
Why you are giving news about illegal immigration. IV is for legal immigrants.
Don't confuse this issue with ANTI-IMMIGRANTS.
Don't confuse this issue with ANTI-IMMIGRANTS.
more...
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m2kkk
07-30 05:04 PM
Hello
I am working on a L1 B Blanket Visa since the past 3 years. My visa is expiring on 11/18/08 and my employer encourages me to apply for a fresh petition from India rather than apply for an extension here due to the no. of cases denied. My wife is presently employed through EAD which expires the same date.
Is there any way that she can retain her employment while we both get our VISA stamped a month before my current VISA expiry date from India ? She might not get 2 months leave without pay which is the usual processing time for a re-extension of EAD considering we both arrive in US after getting a new VISA in the first week of November 2008. Please advise.
I am working on a L1 B Blanket Visa since the past 3 years. My visa is expiring on 11/18/08 and my employer encourages me to apply for a fresh petition from India rather than apply for an extension here due to the no. of cases denied. My wife is presently employed through EAD which expires the same date.
Is there any way that she can retain her employment while we both get our VISA stamped a month before my current VISA expiry date from India ? She might not get 2 months leave without pay which is the usual processing time for a re-extension of EAD considering we both arrive in US after getting a new VISA in the first week of November 2008. Please advise.
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senk1s
11-06 09:46 AM
here is what uscis says about lud
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message
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srikondoji
04-11 09:36 PM
Now. Don't try to scream.
This is just unofficial and don't ask my sources.
All i know is that as of yesterday there were only 18000 applications for Masters quota.
Why did not they get filled as fast as the Regular quota?
This is the reasoning my lawyer gave....
"Most of the applicants for Master's quota were in confusion after April 3 after reading several bulletins about 200,000 or so H1-B applications. And some people didn't even apply thinking that the USCIS may have received more than enough master's quota applications even though the bulletin said that they were accepting more applications for Master's quota."
I know of people who have submitted fresh H1-B applications under master's quota as late as April 7th.
So guys, wait for the official numbers. Don't believe me. But do compare when the official news is released.
I am surprised by the slow pace of Master's applications.
This is just unofficial and don't ask my sources.
All i know is that as of yesterday there were only 18000 applications for Masters quota.
Why did not they get filled as fast as the Regular quota?
This is the reasoning my lawyer gave....
"Most of the applicants for Master's quota were in confusion after April 3 after reading several bulletins about 200,000 or so H1-B applications. And some people didn't even apply thinking that the USCIS may have received more than enough master's quota applications even though the bulletin said that they were accepting more applications for Master's quota."
I know of people who have submitted fresh H1-B applications under master's quota as late as April 7th.
So guys, wait for the official numbers. Don't believe me. But do compare when the official news is released.
I am surprised by the slow pace of Master's applications.
sandeep_1
07-19 02:21 PM
oh my! It is really painful to see that you have been waiting this long.. Based on your priority date, you should be current next month. Good luck.
My husband was approved in August 2008 and I am still waiting after infopass, etc, etc...
My husband was approved in August 2008 and I am still waiting after infopass, etc, etc...
PBECVictim
07-16 03:34 PM
When did you apply for AP renewal? Did you e-file? Don't worry about RFE on Advance Parole renewal. It could be photo or previous AP approval copy or I-485 receipt missing or incorrect fee. Wait until you get RFE. Please let us know, if it is trivial.