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  • lelica32
    07-30 03:20 AM
    If she overstay, her Visa will be canceled. She must apply for a new Visa. I overstayed 4 month, no ban, just my Visa was canceled.




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  • slc_ut
    09-02 04:48 PM
    I've received this letter from DOL by mail. I think this is in response to the fax that i sent through IV a while ago. I am posting the contents of the letter here.

    U.S. Department of Labor
    Employment and Training Administration
    200 Constitution Avenue, N.W.
    Washington, D.C. 20210

    Aug 28 2006

    <My name here>
    <My address here>

    Dear Mr. <My name here> :

    Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.

    We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.

    Sincerely,

    <Signature here>

    William L. Carlson, Ph.D.
    Administrator
    Office of Foreign Labor Certification




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  • Blog Feeds
    10-15 12:10 PM
    A Blog reader called me the other day and wanted to know when his priority date will become current. His I-485 adjustment was filed in August 2007 when visas opened up for 30 days, and since that time retrogressed. The applicant is from India and like many others in his shoes is eager for answers. So how do visa numbers become available?

    In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).

    If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.

    Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.

    As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.







    More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)




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  • immigal
    08-12 09:55 PM
    I just checked the copy sent to me from my law office. It says I-485 pending for the current status. I got the EAD renewed without any problem.

    I saw somewhere that you can alos write AOS pending.

    Hope this helps.

    Thank you for taking the time to reply.
    Actually I am e-filing, so the option for me are PAR:PAROLEE. DO not see any 'AOS pending' status.
    1. Did you also enter on H1b and then switched using EAD?
    2. So do you have H1B on 'Last entry status' and 'AOS pending' on 'Current status' questions?

    Thanks again..



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  • snathan
    05-13 02:49 PM
    Hi, I was hired 6 months ago as an Electrical Engineer and I am now preparing to apply for GC thru company Sponsorship. I have MS + 2 years and the position requires BS+7.

    1. Am I qualified for EB2?

    2. Which level do I fall under? Do you think the figures at the link below more or less right for privailing wage?
    FLCDataCenter.com (http://www.flcdatacenter.com/OesQuickResults.aspx?code=17-2071&area=12100&year=11&source=1)

    Thanks
    Baris

    How come MS + 2 = BS + 7...?




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  • jessy-james
    03-26 05:59 PM
    so filing I-130 altogether is a new process and filing I-130 will not change my PD for EB3.
    Thanks



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  • hebbar77
    03-15 11:38 PM
    gc28262 : Thanks million times. I cant describe in words how much that info helps!
    No wonder your green dots overflow the line!




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  • hebbar77
    03-15 08:51 PM
    It could be discussed many times here. but I dont know the answer! Please help!



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  • gparr
    June 12th, 2005, 03:05 AM
    Josh,
    Congratulations! Few things more fun than getting new glass. Nice first shots. Looking forward to more.
    Gary




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  • Cheran
    09-19 04:41 PM
    I work for a Government Agency as a H1 employee, I have my EAD as well but dont use it. I am sure the attorneys made sure that its ok to hire a H1 as an employee. Now I am doing an AC21.

    Thanks Guys, So I guess it's a possibility?



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  • ace007
    06-10 02:27 PM
    I don't understand whats problem with fragomen - they will do everything in paper - never e-file a thing. I see lot of people e-filed their I-140 and already got notice date (second day of efile)!

    Mine is in EB2 case and I had sent all documents (VOEs, Letters from HR of prev employers, W2 and usual) while labor was being filed itself.




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  • EAD2009
    03-13 01:54 PM
    HI,

    i have two questions

    I completed my Masters and working in related field(Software) from 2 years in OPT,now i got admission for Doctoral Program in UNVA(University of northern Virginia). This is not a good University, but i can complete my Doctoral Program in 3-4 years while i will be working in my related filed of study on CPT.

    1Q.)can i be eligible for EB1 with this Doctoral Degree (or) Do i have to submit any international research papers for being eligible for EB1?

    My F1 Visa was expired long back ,but have valid OPT and I-94(D/S duration of Study) so i can still work.

    But i will be travelling to INDIA in May and will go to consulate for my F1Visa.

    If i'm not satisfied with this Doctoral Program ,i will transfer to MBA with in same university (or)some other good university (i.e i'm trying to change from software to MBA).

    2Q.) Can i Transfer to MBA when i got my visa for Doctoral Program in Software Engg ?



    Please let me know if you need any more information (or) if i have to be more specific about the question.

    Thanks a bunch for IV .



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  • optimist578
    04-20 03:11 PM
    Hi,

    I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.

    Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?

    I am on my 9th year of H1B with PD Mar 2003 (EB3).

    Thanks.




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  • gcformeornot
    06-16 03:07 PM
    ___________



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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




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  • UNFLUX
    10-04 12:35 PM
    http://www.unflux.com/bb/thumbsup.gif

    /unflux
    :cyclops:



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  • gchopes
    12-15 09:08 AM
    Does this suggest that - All folks who entered on advance parole (and got 1 yr stamp on their I-94) but stayed beyond that duration because of a valid H1B / EAD are out of status?




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  • kghoshal
    01-22 07:06 PM
    My H1-B is valid from September 14 2006 to September 14 2007.I got laid off recently; my LC is pending Dallas Backlog center last 3 years, I got new job and submitted my last pay stub December 15 2006 to my new Lawyer with my ex lawyer contact address. I do not know whether there will be any hassle in USCIS for my H1-B 8th year extension approval? My new lawyer is yet to file my premium H1B extension. I am very anxious regarding the uncertainty of extension.




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  • 485Question
    09-18 11:19 AM
    Cannot express, we are missing a lot. Keep going great effort.

    Thanks




    mrajatish
    09-14 08:45 AM
    1. Will your company keep your 140 alive? Meaning, will they withdraw it - I know a lot has been said about 140 PD being yours once approved and blah blah, but no one seems to report that they have successfully ported their 140 date to a new 140 application. This is strange but true. So I will make it doubly sure with my company.

    2. Uscis might ask why your company is sponsoring two 140s for the same individual - your company should be prepared to answer that. This is exactly why my company refuses to reapply for the GC process for the same individual (it really raises a question of intent). Again, can be done, but needs full support from company


    Rest should be ok.




    vts31
    10-20 02:51 PM
    im going to try that. I can see the right render is a bit to the right more. oki :)



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