Blog Feeds
06-17 08:40 PM
In a recent decision, RUIZ-DIAZ v. UNITED STATES OF AMERICA, the court ruled that Petitioners who filed or will file a Petition for Special Immigrant Religious Worker Visa (Form I-360) with United States Citizenship and Immigration Services (�USCIS�) on behalf of individual beneficiaries are hereby notified that you or your beneficiary may now file an Application for Adjustment of Status (Form I-485) and, if your beneficiary seeks employment status as an adjustment applicant, an Application for Employment Authorization (Form I-765) even if USCIS has not yet issued a final administrative decision regarding the I- 360 petition. Previously, the I-360 had to be adjudicated before the adjustment package could be filed.
The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.
Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.
More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)
The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.
Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.
More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)
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patiently_waiting
04-05 10:04 PM
if you have copy of I-140 , it contains 13 digit receipt number (SRC, WAC etc..).
Enter the number in USCIS case status to find out the latest update on the I-140 file @ https://egov.uscis.gov/cris/Dashboard.do
Enter the number in USCIS case status to find out the latest update on the I-140 file @ https://egov.uscis.gov/cris/Dashboard.do
chunky
07-24 10:11 PM
I also have same question. DO we need to send COS. I heard that after getting receipt one is authorized to stay in US. I might be wrong. Please reply if anyone thinks differently..
2011 Justin Bieber and Zombie
Blog Feeds
08-10 10:00 AM
The Department of Labor (DOL) issued new PERM FAQs (http://www.h1b.biz/lawyer-attorney-1135851.html) on August 3, 2010. The issues addressed by DOL in this round of FAQs include expedite requests, how to document the use of an employee referral program, unsolicited documentation and what constitutes a "business day" for purposes of posting the Notice of Filing. Within the FAQs, DOL states the following:
* Expedite Requests - DOL clarifies that the Office of Foreign Labor Certification (OFLC), as a matter of long-standing policy, will not accept requests to expedite PERM applications;
* Employee Referral Programs (ERP) - DOL states that an employer can document its use of an ERP with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered. The employer must document the existence of the ERP, and that its employees were aware of the vacancy of the specific position for which certification is being sought. This can be achieved through posting on the employer's website. However, the physical Notice of Filing shall not be sufficient for this purpose;
* Unsolicited Documentation - DOL emphasizes that if unsolicited documentation is provided to the OFLC in support of a pending PERM application, then the application will automatically be placed in the audit queue;
* Business Day - As part of the required recruitment procedures to support a PERM application, a Notice of Filing must be physically posted for 10 consecutive business days. The OFLC clarifies that for purposes of the Notice of Filing, a business day will be defined as Monday through Friday, except for Federal holidays.
If you need support with your PERM case, feel free to email me. (http://www.h1b.biz/lawyer-attorney-1111083.html)
More... (http://www.visalawyerblog.com/2010/08/perm_labor_certification_dol_p.html)
* Expedite Requests - DOL clarifies that the Office of Foreign Labor Certification (OFLC), as a matter of long-standing policy, will not accept requests to expedite PERM applications;
* Employee Referral Programs (ERP) - DOL states that an employer can document its use of an ERP with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered. The employer must document the existence of the ERP, and that its employees were aware of the vacancy of the specific position for which certification is being sought. This can be achieved through posting on the employer's website. However, the physical Notice of Filing shall not be sufficient for this purpose;
* Unsolicited Documentation - DOL emphasizes that if unsolicited documentation is provided to the OFLC in support of a pending PERM application, then the application will automatically be placed in the audit queue;
* Business Day - As part of the required recruitment procedures to support a PERM application, a Notice of Filing must be physically posted for 10 consecutive business days. The OFLC clarifies that for purposes of the Notice of Filing, a business day will be defined as Monday through Friday, except for Federal holidays.
If you need support with your PERM case, feel free to email me. (http://www.h1b.biz/lawyer-attorney-1111083.html)
More... (http://www.visalawyerblog.com/2010/08/perm_labor_certification_dol_p.html)
more...
ajay
11-30 10:03 PM
Why don't you go and get the visa stamped in chennai consulate or wherever it is applicable to you.
If you have an AP you don't have to worry about anything since you can use it when you come back.
If you have an AP you don't have to worry about anything since you can use it when you come back.
pappu
01-09 11:29 AM
Technically yes. But USCIS looks at cases under a microscope when they see multiple applications from a same applicant. And if the the sponsor is a small firm, you can expect some careful screening. Increasingly USCIS is making efforts to ensure GC system is not abused by people. A lot of companies had in the filed for GC for several employees and GC applications for latter and sometimes former applicants were denied when it was found that the employer cannot show enough funds to support them. Take the risk only when you are sure. Lawyers will be happy to file multiple applications because they will get double their fees. BTW each lawyer generally makes you sign a contract beofre taking a case where the lawyer says that he cannot guarantee GC and if it is denied, lawyer takes no responsibility.
more...
immi_seeker
10-02 01:26 AM
Can anyone tell me after my 6th year of H1 i have a 3 year extension of h1 visa, can i go to india and come back on that visa or do i need to have AP. I got my 140 approved and i got my 485 receipt notices.
As long as you have a valid H/L visa stamped on your passport , you dont need an AP to re-enter. Refer to lot of forums at IV. you will get info about AP/EAD usage and linking with H1
As long as you have a valid H/L visa stamped on your passport , you dont need an AP to re-enter. Refer to lot of forums at IV. you will get info about AP/EAD usage and linking with H1
2010 justin, ieber, neversaynever
immiuser123
07-18 01:43 AM
hi,
Congratulations to all...
Many thanks to IV core team for a very well co-ordinated effort.
Will the Visa numbers from fiscal year 2008 be used for alloting the numbers for those who are filing now ?
As per rule since those visa numbers are from future they cannot be alloted to those filing now.
Any predictions on how the October bulletin looks like ?
Congratulations to all...
Many thanks to IV core team for a very well co-ordinated effort.
Will the Visa numbers from fiscal year 2008 be used for alloting the numbers for those who are filing now ?
As per rule since those visa numbers are from future they cannot be alloted to those filing now.
Any predictions on how the October bulletin looks like ?
more...
mr_rajeevsaxena
06-26 09:48 AM
Hello Everyone,
We are currently evaluating our options of starting a business on EAD, which should be coming within 3 months of filing of I485 in July. Does anyone know if I or my wife can start a business on EAD, are there any issues with it?
Thanks
We are currently evaluating our options of starting a business on EAD, which should be coming within 3 months of filing of I485 in July. Does anyone know if I or my wife can start a business on EAD, are there any issues with it?
Thanks
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immigrationvoice1
04-10 08:47 AM
I just came across this on youtube. Hope you enjoy and appreciate her skills.
She had made nice poem out of reality that we face.
http://www.youtube.com/watch?v=b9W1j5NCy9s
This is so hilarious and yet so true. My wife could completely relate to Archana's poem.
Thanks for sharing it.
She had made nice poem out of reality that we face.
http://www.youtube.com/watch?v=b9W1j5NCy9s
This is so hilarious and yet so true. My wife could completely relate to Archana's poem.
Thanks for sharing it.
more...
mombemoo
June 19th, 2005, 06:07 PM
thanks!! it's always good to hear that i'm improving from someone as good as yourself. it was funny, as i was going back the dirt road, the party kids from the night before were on there way out, they don't know what they missed this morning.
That's why you get up at 4:30! My friends make fun of me for that... The successive ridgelines in the fog make for a real feeling of depth. I've tried that technique a few times, but never pulled it off this well. I also like the aspect ratio you chose, it contributes to the 3-D, receeding-to-a-point, effect. The color here is likewise very nice. The only thing I would say could be better is that the sun is distorted by the cloudline. It would be better if totally obscured, or better resolved. In any case, you can't control the clouds. Super shot.
That's why you get up at 4:30! My friends make fun of me for that... The successive ridgelines in the fog make for a real feeling of depth. I've tried that technique a few times, but never pulled it off this well. I also like the aspect ratio you chose, it contributes to the 3-D, receeding-to-a-point, effect. The color here is likewise very nice. The only thing I would say could be better is that the sun is distorted by the cloudline. It would be better if totally obscured, or better resolved. In any case, you can't control the clouds. Super shot.
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roseball
07-18 10:08 AM
If you labor is approved by July 31st, you can file your I-485 by August 17th.
If your labor is approved on Aug 1st or later, you'll not be able to file I-485 at this time. You can, of course, file I-140.
You can apply no matter when your PD is if you have the labor approval hard copy.....
If your labor is approved on Aug 1st or later, you'll not be able to file I-485 at this time. You can, of course, file I-140.
You can apply no matter when your PD is if you have the labor approval hard copy.....
more...
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baahubali
09-20 04:00 PM
Dear Gurus,
Is it possible to file I-140 under premium processing with substitute EB3 labor?
Is it possible to file I-140 under premium processing with substitute EB3 labor?
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santa123
06-14 11:21 PM
Mine got approved in about 2 months time. My labor certificate reached the lawyer who passed it on to my employer.
I did a big mistake of not asking for a copy and again when I received it while filing I140 - did not make a copy again.
Please save a copy for yourself - it helps a lot while switching jobs during AC21.
Hope this helps.
Thanks. But how long did it take to get the physical copy after the online approval / approval mail from DOL.
I assume, you would have signed the labor before applying for I140.
Pls clarify.
I did a big mistake of not asking for a copy and again when I received it while filing I140 - did not make a copy again.
Please save a copy for yourself - it helps a lot while switching jobs during AC21.
Hope this helps.
Thanks. But how long did it take to get the physical copy after the online approval / approval mail from DOL.
I assume, you would have signed the labor before applying for I140.
Pls clarify.
more...
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EndlessWait
06-21 03:56 PM
Hi,
Please help me with my situation below:
1) Got laid off from company A (they haven't cancelled my H1).
2) Got my H1B transferred to company B (this H1B transfer has not yet been approved). I did not work for them.
3) I did premium processing for H1B transfer for company C and got it approved. I haven't started working for them.
4) Now I have decided to work for company D. They are ready to do my H1B transfer.
Will that be a problem or do I have to go with company C? I do not have paystubs from company B and C. If I have to reenter US, will that be a problem? Please help me out.
file it immediately and start working for C. If there is an RFE, it'd take few months by that time you just send ur current pay stubs. INS is generally flexible for a month or so..act fast
Please help me with my situation below:
1) Got laid off from company A (they haven't cancelled my H1).
2) Got my H1B transferred to company B (this H1B transfer has not yet been approved). I did not work for them.
3) I did premium processing for H1B transfer for company C and got it approved. I haven't started working for them.
4) Now I have decided to work for company D. They are ready to do my H1B transfer.
Will that be a problem or do I have to go with company C? I do not have paystubs from company B and C. If I have to reenter US, will that be a problem? Please help me out.
file it immediately and start working for C. If there is an RFE, it'd take few months by that time you just send ur current pay stubs. INS is generally flexible for a month or so..act fast
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english_august
07-11 10:45 PM
It is stating the obvious to say that blogs have been playing an ever important role in creating awareness of issues and shaping public opinion; yet we've not had a good representation of our issues in the blogosphere.
The flower campaign got a lot of attention in mainstream media but we did not have a good co-ordinated effort going on in the blogging community.
As we go forward, I think we should have a communication medium so that all the bloggers interested in these issues can discuss and execute strategies.
So if you are a blogger or are interested in becoming one, please join this Google group. Hopefully for future campaigns like rallies etc. we will be able to create more awareness in the blogging community.
http://groups.google.com/group/immigrant-bloggers/subscribe
The flower campaign got a lot of attention in mainstream media but we did not have a good co-ordinated effort going on in the blogging community.
As we go forward, I think we should have a communication medium so that all the bloggers interested in these issues can discuss and execute strategies.
So if you are a blogger or are interested in becoming one, please join this Google group. Hopefully for future campaigns like rallies etc. we will be able to create more awareness in the blogging community.
http://groups.google.com/group/immigrant-bloggers/subscribe
more...
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H1b_to_GC
06-04 08:30 AM
bump
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LCtank
09-12 03:43 PM
Illegals are another story, and now we need to focus on the legals, as all efforts trying to bind legal and illegal together turned out to be failure completely.
While we can keep an eye on these articles - these are coming up to counter our efforts.
Lets keep the focus on.
I would only say - IV is for legal immigrants, for those who have maintained legal status and have played by the rules.
While we can keep an eye on these articles - these are coming up to counter our efforts.
Lets keep the focus on.
I would only say - IV is for legal immigrants, for those who have maintained legal status and have played by the rules.
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Tommy_S
05-04 04:28 PM
Nice? Hm... I can't understand what's depicted there. Sorry, don't like it. :smirk:
grupak
03-21 04:39 PM
I went to Infopass to enquire about my interfile status. The first level officer said since my PD is not current, she will not allow me to meet the IO. I argued that PD has nothing to do with knowing the status and allow me to meet the actual IO. she still did not. What a crap !!!
Should bring the details to the attention of the Ombudsman. Service will improve.
Should bring the details to the attention of the Ombudsman. Service will improve.
BMS1
11-01 09:57 AM
If you file the extension before expiry of the current I-94, you will be OK. It can be approved even after the expiry. She will be considered to be legally present without gap, if extension is granted.
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