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Wednesday, June 8, 2011

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gc_check

11-26 05:31 PM

As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....

I'm not an expert on this, Remember reading in the forum, you can go to local USCIS office with the approval letter if you have one already and get stamped in passport.
On other thread, also read you can reenter using AP and the IO in the POE will tell you that your Petition has been already approved and will let you in.

Please verify this with an attorney.

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cox

October 7th, 2005, 09:58 AM

My experience is that even with the "1/focal length" rule (or maybe it should be "1/(focal length x crop factor)") is a bit optimistic with these long tele shots. Maybe it can work if you have really good technique and a sturdy tripod but I like to use a much shorter shutter time if possible.

Well, I do okay with it, though I will go faster if there's enough light of course. I like the quality at ISO400, and usually stay there or below. The tripod is essential, I bought a big Gitzo carbon fiber model which is light, but will hold ~32lbs. With a wide stance on the legs, I can shoot, & pan reliably with the Wimberly.

NRE Account [Archive] - Immigration Voice

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prabirmehta

03-22 02:56 PM

Actually the provisions in S 1932 (Sections 8001 and 8002) were dropped when the bill went to the House. The members who handled the fate of the immigration provisions in the house were Reps Conyers, Sessenbrenner and Lamars. It was argued that the Budget Reconciliation Bill (S 1932) should not include any immigration provisions as they should instead be included in future Comprehensive immigration reform. These sections which had already been passed by the Senate were dropped quietly by the 3 member panel in the final conference report. Given the rush to pass this bill among others, members of the Senate may not be aware that these provisions were dropped when they got to the house. While new legislation offers to increase the EB quotas, the provision to allow one to apply for I-485 (GC) and I-140 concurrently upon receiving Labor certification clearance even in the absence of a current visa number ( current priority date) is missing from the proposals, a key measure that would greatly alleviate the suffering of those who suffer from visa retrogression.

Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.

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logiclife

12-20 11:38 AM

did you get a letter from USCIS to your new address that they have received your address change request?

i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).

also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.

Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?

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jsb

09-24 01:00 PM

cool..hats off to USCIS...1 yr EAD will take 1 yr to process. u should apply ur next EAD now itself...this is implicit suggession by USCIS to you (and us)

Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.

You can't apply for EAD more than 120 days prior to expiry of your current EAD. If you do they will return your app ( might keep the check though).

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gccovet

06-29 02:45 AM

For folks who are past the 180 day period:-

When negotiating a new job offer, what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:

Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).

Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).

(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).

I would just check if HR would be willing to provide a letter addressed to USCIS on their letterhead stating about new job title and job duties. Even if you send the letter right after joining or when you (might) get a RFE.

GCCovet

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vgayalu

07-28 04:40 PM

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a_yaja

07-26 09:09 AM

Bibs:
To apply for EAD you need the following documents

1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.

Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
You need to send in I-765 form and not I-131. I think I-131 is the form for advanced parole. Other than the form name, the above looks correct.

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08-31 09:40 AM

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

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

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

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

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

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

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

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

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

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

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

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

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

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

New Evaluation Process For EB1B Cases

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

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

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

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

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

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

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

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

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

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

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for_gc

04-26 02:23 PM

In a bitter irony,MIT Admission dean resigned today after admitting that she had put fake degrees in her resume.
http://www.thebostonchannel.com/education/13199999/detail.html

Contrast this with H1-B Visa applicants.If some one on H1-B visa were to change jobs, they need to furnish following documents
1.W-2 for last year
2. Two latest paystubs
3. Copies of all educational degrees held.
In addition,there will be a background check from a professional agency,which will actually call -
-All previous employer mentioned in resume
-Checks with all educational institutes mentioned in resume
-Call up references
-Criminal Check.
Now, whom will you hire next time? A Green Card job applicant just supplies a SSN,and a simple criminal check is run against them.They can fake all the degrees and work experience they want.There is no way to verify last salary held by a citizen/GC applicant. Poor H1-B visa holder can not even fake this simple thing.

What makes you say they can not check your previous salary if you hold GC/Citizenship. This does not seem right.

Actually it depends upon company to company how much background check they do and not on your visa status.

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MYGCBY2010

10-03 11:16 AM

USCIS addresses RFE's to attorney who represents you, you will not get the RFE. Even if you call USCIS, they will not provide you with clear details.

Try calling them to know about your RFE; you might get lucky!

I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.

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485Mbe4001

02-06 02:53 PM

How does this affect AC 21, can you get a new job as a manager or you have to look for the one you used to apply for GC?

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walking_dude

11-21 12:04 PM

Nooooooooo. That Turkey was "Amnestied". Some Anti-immigrant will be roasting it soon :)

Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!

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immi_enthu

04-17 11:05 AM

I am not an expert but I would think by the way USCIS works you would be better off (in terms of time) starting a new application than trying to amend an existing EB application with them.

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inskrish

09-05 03:04 PM

No. If you receive the CPO email, then approval is guaranteed, whether the online status changes or not. For some people, including my two dependants, there was neither the CPO email nor the status change, but the cases got approved.

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asdqwe2k

07-04 04:40 PM

Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.

A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.

Who knows how many more irregularities happened there during last two weeks.

There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..

For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..

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kaisersose

07-02 03:26 PM

Guys,

I want to sue them for 3 things -

1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.

You cannot sue them for any of the above.

1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.

2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.

3) See (2)

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inskrish

08-22 12:49 AM

Looks like more chaos has come. Nowadays nothing is working properly. NSC must have won the imcompetence contest among all those agencies. :-)

I couldn't agree any more.:)

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PlainSpeak

02-23 10:30 AM

sorry to ask this question as it may be asked previously still i need to know the latest info.

Having AP and EAD ( i am not primary ) and want to travel to india from atlanta for round trip. what are the documents i need to carry ? What are the things i need to follow ? For the infant baby who is USA citizen what documents i need to carry ?

please reply anybody who knows about these.

Thank you.

Primary carry the following
- Origional EAD and AP
- As many past W2 as you can
- Atleast last 6 paystubs
- All your previous Origional H1B which shows you were always in status
- Origional Current H1B if applicable
- Letter from HR of current company stating that you are a full time employee if applicable
- Copy of 485 receipt notice if available
- Copy of 140 receipt notice if available
- Copy of Labour if available

Dependent carry the following
- Origional EAD and AP
- All your previous Origional H4 which shows you were always in status
- All your spouses previous Origional H1 which shows he/she were always in status
- Copy of your 485 receipt notice and copy of spouse 485 notince if available
- Copy of spouse 140 receipt notice if available
- Copy of spouse Labour if available

Optional
- Last 3 paystubs if you are working
- Letter from HR of current company stating that you are a full time employee if applicable

makemygc

06-14 11:20 AM

Any one???
I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.

Note from Immigration-law:-
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.

Can someone answer please???

seekerofpeace

09-04 02:23 PM

Guys,
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.

So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....

SoP

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Wednesday, June 8, 2011

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