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Monday, June 13, 2011

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yestogc

06-11 04:04 PM

Correction it 2 years out of 5 for maintaining PR

http://www.cic.gc.ca/english/newcomers/about-pr.asp

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rolrblade

07-27 02:21 PM

You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D

But you are correct for RD :)

I disagree. If his check has a date of less than 180 days, it will be cashed. He simply said the forms to be signed as of 1995.

:D :D :D

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freddyCR

January 13th, 2005, 02:31 PM

Just a red "X"

Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed. [Archive] - Immigration Voice

View Full Version : Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed.

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immi_2006

01-16 12:59 PM

There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps

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askbz1

04-16 11:18 AM

Thank You so much. Found this thread just in time when I was searching for insurance from my Parent's visit to US.

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nozerd

01-17 01:55 PM

Check website of consulate. I know Houston consulate webiste is

www.cgihouston.org

You will have to go to the one in your jurisdiction.

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anu_t

06-16 01:11 AM

http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.View&PressRelease_id=5428

GRASSLEY CONTINUES WORK TO CLOSE H-1B AND L VISA LOOPHOLES

WASHINGTON -- Senators Chuck Grassley and Dick Durbin today continued their quest to ensure that American workers are protected, and that companies who bring in foreign workers are complying with the law.

The Senators today sent a letter to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services, asking more questions about how the agency is addressing fraud and abuse in the H-1B visa program.

Earlier this month, the Senators sent letters to the top 9 foreign-owned companies to determine the companies' usage of H-1B visas. Today's letter comes on the heels of responses received from several of the foreign companies.

"From the responses we've received thus far, it�s evident that American workers are in the minority at these companies. I expect Citizenship and Immigration Services to take a hard look at their recruiting methods to make sure they are complying with the law," Grassley said. "We cannot just increase the annual allocation of visas without understanding how companies are using them."

"We've begun to question how many companies are complying with H-1B visa requirements," Durbin said. "I look forward to hearing back from Director Gonzalez on what the government is doing to enforce the law."

At this time, Grassley and Durbin will not be releasing the information received from the companies.

Here is a copy of the letter to Gonzalez.

June 13, 2007

The Honorable Emilio T. Gonzalez

Director

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue, NW

Washington, DC 20529

Dear Director Gonzalez:

Recently, we asked the foreign-based companies who obtain the most H-1B visas to answer questions regarding their workforce, wages, recruitment efforts, and usage of H-1B visas in the United States. Our letters were intended to learn more about how some companies are using the H-1B visa program. We remain concerned that the H-1B and L visa programs are facilitating the displacement of Americans by cheaper foreign workers. We continue our effort to understand how the H-1B and L visa programs are being used by U.S. and foreign-based companies, and therefore request that you provide details related to these programs.

Under current law, H-1B-dependent employers are required to attest that they have not displaced comparable workers in the United States before hiring a foreign worker. They must also make a good faith effort to recruit Americans first.

The responses to our letters to foreign-based H-1B users have led us to question how many companies are currently defined as H-1B-dependent, and if these employers who depend on H-1B visa holders are being adequately monitored for compliance with H-1B program requirements. While we understand that the Department of Labor has primary jurisdiction over H-1B dependent employers, we would like to understand your agency�s role in ensuring compliance with laws regarding displacement and recruitment.

We have also become concerned about the use of L visas by companies who also use large numbers of H-1B visas. Many companies are allowed to bring in L visa workers through a Ablanket petition,@ which is approved by USCIS. While the blanket petition is meant to simplify the process, we fear that some foreign workers may be approved for visas by the Department of State without proper oversight by USCIS, which has primary responsibility for ensuring compliance with L visa program requirements.

In order to better understand the nature of the L visa program, we need to have access to better statistics. We would like to know how many L visas are approved each year, and what companies use the program. We would also like to know more about the use of the blanket petition for L visa holders, and USCIS=s ability to monitor individual visa holders who are allowed entry into the United States on a blanket petition.

Finally, we are concerned about the level of fraud monitoring of the H-1B and L visa programs. While we understand that the Fraud Detection and National Security unit is analyzing and writing an assessment of the H-1B program, we are concerned that abuse of both programs is not being addressed adequately. Given that the immigration bill before the Senate includes a provision to allow USCIS to divert special funds to other operations, we would like to know how many dollars have been used specifically for H-1B and L fraud efforts. We also seek more details about how these investigations are being handled within the Department.

Given these concerns, we respectfully ask that the following answers be provided to us by Wednesday, June 20, 2007.

H-1B Dependent Employers

$ Please explain the process of identifying employers as H-1B dependent employers pursuant to INA Section 212(n)(3).

$ How many companies are defined by USCIS to be AH-1B dependent@ employers?

$ How are these H-1B dependent employers being monitored, if at all, by USCIS?

Blanket L Visa Petitions

$ How many L visas have been approved each year since 2000?

$ Please provide lists of companies that have used the L visa program for each of the two most recently available years, and how many visas each company has obtained in each year.

$ Since USCIS has primary jurisdiction over blanket petitions and visa policies, what role has been delegated to the Department of State and how is your agency ensuring that aliens under the blanket petition are being properly screened before entering the U.S.?

$ What role, if any, does USCIS play in monitoring the approval of L visas covered by blanket petitions?

$ Please provide an explanation of USCIS=s ability to track individual L visa holders who are allowed entry into the United States on visas covered by a blanket petition.

Investigations of Fraud and Abuse

$ Annually, what has been the total amount of funds deposited into the Fraud Prevention and Detection Account under INA Section 286(v) since it was established? Of this amount, what amount has been provided to the Department of Homeland Security under 286(v)(2)(B)?

$ How have the funds provided pursuant to 286(v)(2)(B) been used in FY2005, FY2006, and thus far in FY2007? How many funds have not been expended in a given year?

$ How does USCIS plan to spend the remaining funds left in FY2007?

$ How many total fraud and abuse referrals have been sent to Immigration and Customs Enforcement (ICE) in the last two years? How many of these referrals, to your knowledge, have been pursued? How many referrals, to your knowledge, are pending? Please provide any further details about specific cases or referrals to ICE that may be helpful to understanding the process within the Department.

$ Please provide examples of recent investigative referrals to ICE dealing with H-1B or L visas. Please explain any referrals in the last two years that have not been pursued or that have been closed, and provide information on how many are currently pending.

While we anticipate your concerns about providing such information to us by Wednesday, June 20th, we must stress the fact that the U.S. Senate is considering comprehensive legislation that would change immigration policies for years to come. The H-1B and L visa programs must be better understood before further action is taken on this bill. We appreciate your cooperation in providing us with input in the next week.

Please contact XXXXXXXX if you have any questions regarding this matter. Thank you in advance for your cooperation.

Sincerely,

Charles E. Grassley Richard J. Durbin

United States Senator United States Senator

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CCC2006

10-04 03:32 PM

Hi there,

There is premium processing available for 140 but like for everything else that is premium .. u have to pay a premium for it. I believe $1k.

Best of luck.

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saurav_4096

06-19 09:53 AM

Mr. EndlessWait -

You extended your status, not visa. Please get your basics correct.

1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1

Good Luck

Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

----------------------------------
Permanent Resident since May 2002

If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.

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nitkad

03-20 04:28 PM

Hi,

I heard that USCIS revoked the I140s for all the applicants who were employee of certain company as the company was fraud. In this case what happens? I have a very genuine case but I think my company may be doing some weird things.

Thanks

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dealsnet

03-19 11:49 AM

I think he mentioned 2005 fee as the fee for I-485 in 2005 (old fee structure). Not the check date of 2005. Let him clarify.
Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.

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nhfirefighter13

June 4th, 2004, 09:04 PM

I needed that laugh after the day I've had. Thanks.
Gary
Thank you...thankyouverymuch. I'll be here all week and twice on Sunday. :p

Everyone needs a nice daily dose of humor and I'm not above making fun of myself. :)

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gcdeal

07-10 07:57 PM

Nandini Nair's fees are very less and I got my PERM LC (in EB2) & I-140 approved through her without any questions. Real quick response!

She was a weekly columnist for Express Computer on immigration topics.

nnair@nair-law.com
www.nairlaw.com

She is a total B**** . You cannot even ask her a question!

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tikka

05-31 02:32 PM

Contributed $350 so far. Will contribute another $100 today.

Awesome!!

Thank you !

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imh1b

03-31 01:08 PM

For once, I like what Grassley is doing.

Not all L1 is bad
Not all H1B is bad
Not all consulting companies are bad

So why are we behaving like crabs?
Think from a perspecive of a legit L1 visa holder too

To anti Immigrants even your greencard is bad.
He will be happy if your greencard is made painful
Will you rejoice then?

What Sen is doing is looking at everything in black and white. He is making all L1 as bad. He shoud be suggesting fixes in L1 like giving more power to L1s to complain and protecting them if they complain. he should be making punishment tougher for fraud. But he is targetting the whole via and you are feeling happy about it. Just because you are not an L1 visa holder some of us are happy. Tommow if he does it to all EAD holders will you be happy?

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test101

07-18 11:04 PM

Can I file I-131 after filing for I-485? or does it have to be done at the same time?

thanks

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Munna Bhai

02-27 07:14 AM

I have received my GC on January 28th. My company filled the following with USCIS:

I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

Please advice.

See with lot of difficulty you got GC. And with GC you can work part-time and even take another job. Why you want to take a chance. Yes, you must work for the employer for 180 days. Just stick for another 6 months and the game is over.

Enjoy the life.

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StuckInTheMuck

07-11 12:27 PM

I was not aware that you needed an FP for EAD renewal as well. Could you please clarify?
You can get EAD without FP (the card will say "Fingerprint not available"), but if you e-file your renewal application, you will get a call for FP (paper-filing renewal does not require FP). As I said, I deliberately e-filed for that FP call so I can get into the local USCIS office, and then persuade them to take my I485 FP as well.

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Better_Days

10-19 09:43 PM

I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.

I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.

I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?

The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".

The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.

Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.

The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).

Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.

Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?

If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.

Any comment on any of the above questions will be highly appreciated.

Thanks for you time.

vdlrao

10-18 11:02 AM

It would be more convinience for all of us if you can provide that $50 option through online than physical check. Please consider this.

Thanks.

dealsnet

07-23 12:50 PM

If you are out of USA for a longer period, your I-485 will be in trouble. If you didn't come before AP expiration, your AOS will be abandoned. You cannot renew AP away from USA.

You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.

heidi montag fashion

Monday, June 13, 2011

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