gimme_GC2006
08-06 09:10 PM
Does any one know on an average how much time it will take to complete background check?
My PD is current this month and there is background check pending on my case..
My PD is current this month and there is background check pending on my case..
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Blog Feeds
08-12 09:50 AM
There is not a dull moment this summer for us immigration lawyers, all thanks to good old USCIS. On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. This is after closing the cap in January this year.
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
rsrikant
10-22 09:59 AM
hey guys did anyone received EAD or FP??
mine also TSC <> Vermont <> TSC...
got transfer notice. don't have the receipt numbers for EAD yet.
please let me know your status.
mine also TSC <> Vermont <> TSC...
got transfer notice. don't have the receipt numbers for EAD yet.
please let me know your status.
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amar123
02-08 10:47 PM
Delaying beyond your legal stay would obviously make you out of status and there are quite a few repercussions for it. It is still February, you still have time
Unfortunately, this forum has very few answers ,mostly questions being posed,so, I doubt you'll get any useful responses
Regards,
Amar
Unfortunately, this forum has very few answers ,mostly questions being posed,so, I doubt you'll get any useful responses
Regards,
Amar
more...
drona
09-07 02:54 PM
Please see the Washigton State chapter thread in the State Chapters forum. Please post there as well, we are activating the WA state chapter.
http://immigrationvoice.org/forum/showthread.php?t=12976
http://immigrationvoice.org/forum/showthread.php?t=12976
dealsnet
06-03 10:49 AM
Send RFE reply with USCIS approved doctor's letter to explain the details. Only medical expert can comment about the vaccine. No one can impose vaccine if it is not appropriate with the age.
I am posting this on behalf of a friend. They (husband/wife) got their green card approval last week, however they got 2 RFEs for their 2 kids. The RFE is about a vaccine called PNEUMOCOCCAL (PCV/PPV) that's not been administered for the kids. The RFE mentions the requirement for this vaccine but the doctor deemed it as NOT-AGE-APPROPRIATE in their filed medical forms.
Our guess is that when they actually administered the vaccine about a year or so ago, it was deemed "Not age appropriate" but now upon approval, the USCIS deems it necessary. I'd appreciate it if anybody with similar experience can post as to how they handled the situation or any insights into who to talk to is also much appreciated. The family is currently not in the country and therefore their options are limited in terms of talking to or meeting someone face to face. Also they need to respond to the RFE by June 24.
Thanks.
I am posting this on behalf of a friend. They (husband/wife) got their green card approval last week, however they got 2 RFEs for their 2 kids. The RFE is about a vaccine called PNEUMOCOCCAL (PCV/PPV) that's not been administered for the kids. The RFE mentions the requirement for this vaccine but the doctor deemed it as NOT-AGE-APPROPRIATE in their filed medical forms.
Our guess is that when they actually administered the vaccine about a year or so ago, it was deemed "Not age appropriate" but now upon approval, the USCIS deems it necessary. I'd appreciate it if anybody with similar experience can post as to how they handled the situation or any insights into who to talk to is also much appreciated. The family is currently not in the country and therefore their options are limited in terms of talking to or meeting someone face to face. Also they need to respond to the RFE by June 24.
Thanks.
more...
happy2006
05-20 08:32 PM
We are filing through our lawyer, do we need to give a reason for why we are expediting the process when filing to INS?
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skagitswimmer
June 14th, 2010, 05:25 PM
As long as the water is all of the same temp and salinity there isn't any distortion because of water movement. Distortion does occur when you get mixing of water that has different density. Scuba diving you see that where you pass through layers of water on the way down. The layers can be either different temerature or different salinity. When you get that it looks like heat waves on a hot highway in the distance.
I have used the pentax optio under water a bit. It works well as a point and shoot but not much more than that. I wouldn't take it more than a few feet down. I don't think it is rated for very deep.
Good luck.
Stephen
I have used the pentax optio under water a bit. It works well as a point and shoot but not much more than that. I wouldn't take it more than a few feet down. I don't think it is rated for very deep.
Good luck.
Stephen
more...
laststraw
04-15 12:26 PM
Here is my estimate on the timeframe:
Prepare job description etc. - 1 to 2 months (depends on company and attorney)
Prevailing Wages - 2 months (this is based on the current centralized processing)
Recruitment Process - 2 to 3 months (depends on company and attorney)
PERM Labor approval - 9 months (if it gets audited, it would take around 2 years)
I140 - 4 months (you can reduce it if you can file premium processing)
I485 - This depends on the EB category & VISA dates - if it is EB3 India, it would probably be 7-10 years or more
I am not trying to be pessimistic. This is based on what I have observed and read. I have been in this country for 10 years on H1B. I am currently waiting for my Prevailing Wages request to be processes (for my 3rd labor application). It is a long process, but as long as you are working for a good company that treats you well, you should be able to endure the pain.
Prepare job description etc. - 1 to 2 months (depends on company and attorney)
Prevailing Wages - 2 months (this is based on the current centralized processing)
Recruitment Process - 2 to 3 months (depends on company and attorney)
PERM Labor approval - 9 months (if it gets audited, it would take around 2 years)
I140 - 4 months (you can reduce it if you can file premium processing)
I485 - This depends on the EB category & VISA dates - if it is EB3 India, it would probably be 7-10 years or more
I am not trying to be pessimistic. This is based on what I have observed and read. I have been in this country for 10 years on H1B. I am currently waiting for my Prevailing Wages request to be processes (for my 3rd labor application). It is a long process, but as long as you are working for a good company that treats you well, you should be able to endure the pain.
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Blog Feeds
06-24 04:30 PM
http://www.californiaimmigrationlawyerblog.com/tatoo.jpg
Yesterday I went to a training for immigration attorneys in Sacramento, California. The jurisdiction of the USCIS field office in Sacramento (https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=SAC&OfficeLocator.office_type=LO&OfficeLocator.statecode=CA) includes the cities of Vallejo and Benicia so I thought it might be useful to hear about any new local procedures. While I did not learn anything new about what is happening at Sacramento USCIS, I did learn about new procedures being applied to applicants applying for visas abroad.
It seems that applicants who have tattoos are being screened more carefully at their medical appointments. The belief is that an individual with a tatoo may be involved in gang activity which furthermore may lead to that individual engaging in substance abuse. In a published article included in conference materials at the American Immigration Lawyers Association�s (�AILA (http://www.aila.org/)�) annual conference, immigration lawyers Fernando Rojas and Magda Montiel Davis, explain what is happening:
Panel physicians are asking applicants about the meaning of their tattoos and the medical personnel conducting the exam will take notes describing the tattoo. This interrogation could lead to further questions about the applicant�s possible gang affiliation and criminal history. Applicants with tattoos are also being questioned by the panel physician regarding their substance abuse history. Apparently, panel physicians are making the assumption that applicants with tattoos are more likely to do or abuse drugs. If the beneficiary admits to any drug use, Consulates will use this information against the applicant in order to deny the visa by making a substance abuse finding against them.A finding of substance abuse is serious because an applicant who is a drug user or abuser may be denied admission to the United States pursuant to Immigration and Nationality Act Section 212(a)(1)(A)(iv) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=9b60c646835045a30ceca097f0ca1 ba3). I would counsel anyone carefully who has a tattoo to be very honest about what the tattoo means. An applicant should be prepared to answer in- depth questions about something that may have been inconsequential to them. In my opinion, it would not be a bad idea to have the tattoo removed if possible. Of course the fact that a person has a tattoo does not mean that he or she is a substance abuser. It is scary that examiners are making that assumption, but I do not expect this scrutiny to go away. The best practice is to be aware that this questioning is taking place and to be prepared.
More... (http://www.californiaimmigrationlawyerblog.com/2009/06/it_only_takes_a_tatoo.html)
Yesterday I went to a training for immigration attorneys in Sacramento, California. The jurisdiction of the USCIS field office in Sacramento (https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=SAC&OfficeLocator.office_type=LO&OfficeLocator.statecode=CA) includes the cities of Vallejo and Benicia so I thought it might be useful to hear about any new local procedures. While I did not learn anything new about what is happening at Sacramento USCIS, I did learn about new procedures being applied to applicants applying for visas abroad.
It seems that applicants who have tattoos are being screened more carefully at their medical appointments. The belief is that an individual with a tatoo may be involved in gang activity which furthermore may lead to that individual engaging in substance abuse. In a published article included in conference materials at the American Immigration Lawyers Association�s (�AILA (http://www.aila.org/)�) annual conference, immigration lawyers Fernando Rojas and Magda Montiel Davis, explain what is happening:
Panel physicians are asking applicants about the meaning of their tattoos and the medical personnel conducting the exam will take notes describing the tattoo. This interrogation could lead to further questions about the applicant�s possible gang affiliation and criminal history. Applicants with tattoos are also being questioned by the panel physician regarding their substance abuse history. Apparently, panel physicians are making the assumption that applicants with tattoos are more likely to do or abuse drugs. If the beneficiary admits to any drug use, Consulates will use this information against the applicant in order to deny the visa by making a substance abuse finding against them.A finding of substance abuse is serious because an applicant who is a drug user or abuser may be denied admission to the United States pursuant to Immigration and Nationality Act Section 212(a)(1)(A)(iv) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=9b60c646835045a30ceca097f0ca1 ba3). I would counsel anyone carefully who has a tattoo to be very honest about what the tattoo means. An applicant should be prepared to answer in- depth questions about something that may have been inconsequential to them. In my opinion, it would not be a bad idea to have the tattoo removed if possible. Of course the fact that a person has a tattoo does not mean that he or she is a substance abuser. It is scary that examiners are making that assumption, but I do not expect this scrutiny to go away. The best practice is to be aware that this questioning is taking place and to be prepared.
More... (http://www.californiaimmigrationlawyerblog.com/2009/06/it_only_takes_a_tatoo.html)
more...
ramus
09-08 05:19 PM
GA members, please join this group asap..
Lets be all together and help ourself.
Hello Georgia members. Thanks for everyone who is joining the rally. I've created a googlegroup for the GA member. Please join this group.
http://groups.google.com/group/goivgaiv
Lets be all together and help ourself.
Hello Georgia members. Thanks for everyone who is joining the rally. I've created a googlegroup for the GA member. Please join this group.
http://groups.google.com/group/goivgaiv
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antihero
05-24 01:34 PM
ADIT processing = "Automatic Deletion of Irrelevant Threads" processing
Your thread will soon get ADIT processed.
cheers!
Can anyone tell me what is ADIT processing?
Your thread will soon get ADIT processed.
cheers!
Can anyone tell me what is ADIT processing?
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dealsnet
11-25 04:05 PM
What is your qualification?
Masters or Bachelor with 5 years of experience?
It may be safer to apply EB3 than EB2, if you don't have a strong case.
Hi All,
I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.
My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are
1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What�s a safe category to apply at this point in time. EB2 or EB3?
Thanks
Masters or Bachelor with 5 years of experience?
It may be safer to apply EB3 than EB2, if you don't have a strong case.
Hi All,
I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.
My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are
1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What�s a safe category to apply at this point in time. EB2 or EB3?
Thanks
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rajhyd123
09-15 08:59 PM
My I485 documents were also received by r.cook at nebreska. still checks are not cleared yet. Not sure what happened. My documents are received on 9:30am 18th July...
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gcnirvana
02-19 06:17 PM
Another nail in the H1B Coffin :mad:
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
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vchip
08-24 10:08 AM
Thanks DSLStart and WAIT_FOR_EVER_GC, really appreciate your inputs.
more...
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bsnf
02-18 08:51 PM
...if you do not have a valid-unexpired stamped US visa.
Thanks for the quick reply.
I do not have a stamped visa. Only AP - I cannot fly via Canada then.
Thanks again, appreciate it.
Thanks for the quick reply.
I do not have a stamped visa. Only AP - I cannot fly via Canada then.
Thanks again, appreciate it.
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canmt
11-14 07:43 AM
Guys,
My I-485 status changed to below. I did not receive any email from USCIS regarding the update. Is this normal?
Current Status: Card production ordered.
we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have not received the card as yet, any ideas as to how long it is going to take?
My I-485 status changed to below. I did not receive any email from USCIS regarding the update. Is this normal?
Current Status: Card production ordered.
we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have not received the card as yet, any ideas as to how long it is going to take?
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H1toEB2GC
10-07 10:55 PM
Hi,
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
sundarpn
04-09 08:13 AM
Options are:
a. Nonresident alien required to get ITIN to claim tax treaty benefit
b. Nonresident alien filing a U.S. tax return
c. U.S. resident alien (based on days present in the United States)
d. Dependent of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
e. Spouse of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
f. Nonresident alien student, professor.
g Dependent/spouse of a nonresident alien holding a visa.
(E) seems to correct as far as I can tell.
a. Nonresident alien required to get ITIN to claim tax treaty benefit
b. Nonresident alien filing a U.S. tax return
c. U.S. resident alien (based on days present in the United States)
d. Dependent of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
e. Spouse of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
f. Nonresident alien student, professor.
g Dependent/spouse of a nonresident alien holding a visa.
(E) seems to correct as far as I can tell.
japs19
07-20 02:18 PM
I am in the same situation and I filed for AOS using approved 140 from Company A. The only risk is, if we get an approval within 180 days then technically we will have to go and work for Company A for minimum 90 days, which in my case is not possible. My lawyer said that he highly doubts that any action will be taken in 180 days (my PD is June 05) and once 180 days are over, you can use the luxury of AC21 and could be working for any employer at that time.
I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.
I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.
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