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gccovet
06-17 04:07 PM
What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)

Thanks

If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.

TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.
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psk79
05-27 01:13 PM
Also, Can anyone tell if we can mail both AP/EAD in the same package to the same address? It shows differnet PO Box numbers for teh EAD TSC and AP TSC.

Thanks.
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jnagendra
10-05 06:23 AM
I am planning to go to India with my family in december. Please suggest some tourist spots across India.
Not the usual ones like tajmahal or gateway of india etc. Thank you.

Warngal hanumakonda siricilla bellampalli ramagundam they are not like usual tourist places or New Rajiv gandhi rahadari, rajiv Airport rajiv bus stand etc....
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thesparky007
04-25 09:40 PM
thanks kirupa
so you uploaded it?
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reverendflash
10-18 02:59 PM
Kit:

I took the gif into fireworks, looked at in the 4 by preview mode, then took it down to 32 colors... that makes it 16k .

http://aulman.com/advert_02b.gif

it is a matter of how good do you want it to look vs. small file size.... anything else will take much more time (export individual frames, then import into FW, then optimize/export, then paste into layers, then export as animated gif...

hope this helps,

Rev :elderly:
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tabletpc
09-24 10:43 AM
But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.

I am single but still I would say Family based visias should be given first preference over employmeent. They need it more than us. Think about the seperated family. GC is not stopping u from working right...?? But GC for familys separated is stopping them from living together.
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krishna_brc
02-18 02:45 PM
Should it not be OK to work for an Indian company (work from home - remote office)
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.

Thanks,
Krishna
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gccovet
11-24 01:24 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

bnk96,
Sorry to hear that, could you please PM pd_recapturing?
Thank you.

GCCovet
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kmk2002
07-02 03:36 PM
There are many EB3 cases going back to 02 which are approvable with I-140 already approved. I am no expert of immi. rules but if point 2 is true, it is a case for further research.


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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subba
01-04 04:06 PM
I know we missed the Dec 31st goal, but sounds like we brought in new members at a faster pace than in the past.
Hopefully all these new memebers will be active participants and donors.
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msyedy
02-05 08:36 PM
1) I agree with all who are asking you to quit and get your H1-B transfered, but my concern is whether your H1-B is still valid or not as your I-140 has been revoked or is still in consideration.

You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.

2) Time taken for an H1-B approval varies, it all depends on your fate.
I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.

3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.

These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.
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tennisanyone
07-16 02:18 PM
PD: Oct 2003
Cat : EB3
140 : Approved June 2005
485 : Applied April 2004 : Pending
EAD : Approved June 2004
AP : Approved June 2004
FP 1 : June 2004
FP 2 : March 2007

How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
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bidhanc
07-30 07:03 AM
Brasil,

You should contact your local Congressman and Senator ASAP.

Seeing that you are a legal immigrant paying taxes and being put thru obstacles, they should surely be willing to help you out.

Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.

In September I will go to Italy, what if I don�t get my DL till then?

And you say �Not sure why you thought of it as being punished�

This is ridiculous
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raysaikat
03-13 08:26 PM
Hi All,

I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.

This is the matter that I have in my Graduate Status letter.

"This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"

Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.

Please help me what to do with this situation and having letter from the university.

I believe that you need the actual diploma (you send a photocopy of it to USCIS) for getting counted in the M.S. quota. Most schools give the diploma once you have finished all requirements.
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ivgclive
04-23 03:51 PM
I haven't received it yet. I was looking for anyone who had a similar situation. Why would they require more evidence for a 3 year old boy??? They approved the rest of my family yesterday and sent cards for production notice but my 3 year old got an RFE.

Who told you that RFE's are only for ages 10 and above?

They have rights to send RFE's to an infant, asking what star he/she was born in.

Do not create a thread untill you get your RFE at your hand.
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lazycis
01-09 08:45 AM
Hi Guys
I know somany experts in this Forum

I am some problem becoz of desi company

I am working for Company A I applied GC from Company B

I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll

please help me

I have problems which everybody can understand wht problems with desi company

You cannot leave on your own and keep I-485 alive in this situation. If you get laid off, it may be possible.
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tinku01
07-22 05:47 PM
Hi, I need to get Police Clearace Certificate (PCC) from India at local police station. Anybody has any format of PCC I mean what they need to write in it.

It's quite urgent ..please update ASAP
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sunny1000
07-11 02:36 AM
congrats and thanks to those grassroot IV members who came up with this campaign. Hats off to you all!!

A big Salute to The MAHATMA!
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lost
01-27 02:01 PM
congratulations!
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Blog Feeds
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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07-11 12:07 PM
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