jsporn
03-18 10:48 AM
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Sakthisagar
10-14 10:32 AM
Source The OH law firm
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
fuzzy logic
07-01 02:06 PM
The amended H-1B by itself will not be an issue when it comes to GC.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
sledge hammer - Thanks for your clarification. I hope my company will be willing to amend my H1B.
I appreciate everyone's suggestion on this issue. As for AC21 - my take is that it is a slam dunk if the new and old title fall in the same ONET code or is a related job under the same code. Other wise it gets tricky. This is my take on it, but there are varied interpretations out there.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
sledge hammer - Thanks for your clarification. I hope my company will be willing to amend my H1B.
I appreciate everyone's suggestion on this issue. As for AC21 - my take is that it is a slam dunk if the new and old title fall in the same ONET code or is a related job under the same code. Other wise it gets tricky. This is my take on it, but there are varied interpretations out there.
2011 like cartoon fish,
waitnwatch
05-30 01:36 PM
I understand if someone was stuck in BEC, we all got s****ed with that.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
I am not talking about applying when one reaches the 5th year. What I am saying is that a person starts applying from the first year itself (under the new merit system) but does not get a number because the quota is oversubscribed. Believe me or not this may happen to an economics or business professor with a Ph.D. from India or China. This person will have to apply every year under the proposed merit system. If this person does not get a number by the 6th year she/he has to leave. So a professor may get tenure but not an extension on H1-B because she/he did not ever get an opportunity to file a I-140.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
I am not talking about applying when one reaches the 5th year. What I am saying is that a person starts applying from the first year itself (under the new merit system) but does not get a number because the quota is oversubscribed. Believe me or not this may happen to an economics or business professor with a Ph.D. from India or China. This person will have to apply every year under the proposed merit system. If this person does not get a number by the 6th year she/he has to leave. So a professor may get tenure but not an extension on H1-B because she/he did not ever get an opportunity to file a I-140.
more...
admin
06-04 06:44 AM
The Heritage Foundation is a powerful Conservative Think Tank based out of Washington DC.
More at http://www.heritage.org
More at http://www.heritage.org
fuzzy logic
07-01 12:46 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
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CADude
01-12 01:20 PM
This is illegal to send passport across country. Talk to Attorney. I will suggest for India trip, if required or notirized copy of passport.
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galacticman
03-06 07:30 PM
Thanks coopheal. Seems like they are still working on the 1st week itself. Hopefully I should see mine come around soon for preadjudication!
***************
EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07
***************
EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07
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arthsidhu
09-10 01:54 AM
The way these companies are run is pathetic. I know a Desi employer who invested his revenues into Tollywood (Telugu) movies. :D Isn�t it amusing?
Most of these movies flopped and he didn't have any money to pay his employees. Some one complained to DOL and they blacklisted the company preventing them from processing anymore H1's or GC's. The Desi employer eventually started another company and went into the whole crappy business again.
American desi, the employer you are referring to is known as Netsoft previously which has a long history of employee abuse and also the abuse of the H1B visas. It changed name to HIDEF TECHNOLOGIES 17177 N Laurel Park Dr # 402, Livonia, MI 48152-3951 after some of its employees complained about it to DOL . It still exists and has come back with vengeance in abusing this H1b visas. It is located in Livonia, Michigan. So beware of this company.
HIDEF TECHNOLOGIES
17177 N Laurel Park Dr # 348
Livonia, MI , 48152-3951
Phone: 734-632-0308
Most of these movies flopped and he didn't have any money to pay his employees. Some one complained to DOL and they blacklisted the company preventing them from processing anymore H1's or GC's. The Desi employer eventually started another company and went into the whole crappy business again.
American desi, the employer you are referring to is known as Netsoft previously which has a long history of employee abuse and also the abuse of the H1B visas. It changed name to HIDEF TECHNOLOGIES 17177 N Laurel Park Dr # 402, Livonia, MI 48152-3951 after some of its employees complained about it to DOL . It still exists and has come back with vengeance in abusing this H1b visas. It is located in Livonia, Michigan. So beware of this company.
HIDEF TECHNOLOGIES
17177 N Laurel Park Dr # 348
Livonia, MI , 48152-3951
Phone: 734-632-0308
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nousername
04-07 01:12 PM
What the hell.. Can someone please explain this in plain English?
AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)
AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)
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Ram_C
11-14 01:21 PM
My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
Yes you are true, FP doesn't have anything to do with EAD approval.
However if you apply EAD online, then you will get FP notice as a part of the process.
good luck :)
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
Yes you are true, FP doesn't have anything to do with EAD approval.
However if you apply EAD online, then you will get FP notice as a part of the process.
good luck :)
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ps57002
10-09 05:32 AM
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
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leoindiano
07-09 02:03 PM
http://www.aila.org/content/default.aspx?docid=22772
Here's what uscis said...
Here's what uscis said...
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PHANI_TAVVALA
12-02 10:08 PM
Thanks for your advice guys, I have found a university which allows people to go on CPT from 1st semester itself. They charge $3000 for this arrangement (along with $2400 for 6 credit hours) and their MBA/MS program is weekend only classes. I expect to convert to F1 and work with my present employer on CPT upon the my H1B expiration in Sept' 09 (I don't want to recapture the 2 months in Indian vacation). Classes start in 1st week of Oct 2009. The worst part is my course load will be really heavy as I have to continue with my regular M.B.A coursework in my present university.
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hotbread1
07-16 01:11 PM
Please click one of the Quick Reply icons in the posts above to activate Quick Reply.
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pappu
08-07 10:31 AM
The summer August recess is here and the lawmakers are back in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.
IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointment with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker guide that we have on the website, http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
The State Chapters will be organizing state level calls to coordinate this effort. You will be given detailed instructions and given documents to carry for these meetings. If you do not have a state chapter in your state, please join a nearby state chapter. You will be verified and included. Anonymous and unverified members are not given access to state chapters. You can find state chapters here: http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
In summary there are four parts to this action item
1) Please start taking the appointments with your lawmakers now. Once you schedule these lawmaker meetings, please post the details in your state chapter yahoo/google group (date of the appointment and the lawmaker office) so that these efforts will be coordinated with others from your state chapter / local area. Do not post the details of your appointment on this thread.
2) We will be organizing conference calls in the coming weeks for members who are participating in this action item.
3) Once you have your meetings, please email the details and feedback to info at immigrationvoice.org to help us follow up with their DC office with your feedback.
4) If you are a state chapter member, set up a conference call any time starting this weekend to execute this action item. If you do not have a state chapter, join the conference calls of your nearby states for guidance. State chapter leaders will however verify you before giving access. State chapter leaders will find further updates and instructions in their state chapter leader forum.
We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.
Thank You.
Team IV
IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointment with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker guide that we have on the website, http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
The State Chapters will be organizing state level calls to coordinate this effort. You will be given detailed instructions and given documents to carry for these meetings. If you do not have a state chapter in your state, please join a nearby state chapter. You will be verified and included. Anonymous and unverified members are not given access to state chapters. You can find state chapters here: http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
In summary there are four parts to this action item
1) Please start taking the appointments with your lawmakers now. Once you schedule these lawmaker meetings, please post the details in your state chapter yahoo/google group (date of the appointment and the lawmaker office) so that these efforts will be coordinated with others from your state chapter / local area. Do not post the details of your appointment on this thread.
2) We will be organizing conference calls in the coming weeks for members who are participating in this action item.
3) Once you have your meetings, please email the details and feedback to info at immigrationvoice.org to help us follow up with their DC office with your feedback.
4) If you are a state chapter member, set up a conference call any time starting this weekend to execute this action item. If you do not have a state chapter, join the conference calls of your nearby states for guidance. State chapter leaders will however verify you before giving access. State chapter leaders will find further updates and instructions in their state chapter leader forum.
We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.
Thank You.
Team IV
more...
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peer123
04-09 01:47 PM
I guess you won't find much love for labor transfer cases in these forums but AFAIK AC21 has nothing to do with whom the labor was filed for.
I appreciate your help, but just to justify you, I have been in this country for more than 8 years now and I have no clue what happened to my labor, I applied it way back in 2001 and one more 2004.
anyway, I think many have been helped. and I wish everyone the best...
I appreciate your help, but just to justify you, I have been in this country for more than 8 years now and I have no clue what happened to my labor, I applied it way back in 2001 and one more 2004.
anyway, I think many have been helped. and I wish everyone the best...
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Rajeev
11-26 02:54 PM
Thanks - amits, iamgsprabhu, kartikiran, MunnaBhai, Rajeev, srinivas_o, SubaM99 - for your pledge of support. I also request you guys to post the contribution you plan to make ( except amits who has pleadge a contribution of $100 through PM to me).
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
I will contribute $100. I am also planning to attend the rally.
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
I will contribute $100. I am also planning to attend the rally.
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bank_king2003
04-22 02:04 PM
So basically you are saying you cannot sue the people responsible for greencard problem.
I think the only option left is to either sue God or sue yourself for your bad luck.
Sorry if i was not clear. i meant to say that for visa recapture one cant file a lawsuit against USCIS but one can definately file a lawsuit on USCIS for following things if at all we can prove it
1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.
2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.
3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.
I think the only option left is to either sue God or sue yourself for your bad luck.
Sorry if i was not clear. i meant to say that for visa recapture one cant file a lawsuit against USCIS but one can definately file a lawsuit on USCIS for following things if at all we can prove it
1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.
2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.
3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.
neodyn55
07-30 11:45 PM
If you don't know the answer, please don't reply. Just because this person asked about getting GC through his/ her baby, it does not mean the person is here illegally or if even this person is in the US. I friend of mine died in an accident in Mumbai and he is survived by his wife and two kids (the kids were born here in the US). His wife asked me the same question and after asking my lawyer, I had to tell her that there is no way she can apply for GC through her children unless her children turn 21.
Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.
Lighten up.
Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.
Lighten up.
karthiknv143
06-20 12:27 PM
^^^^^^^^
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