пятница, 17 июня 2011 г.

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  • ras
    05-24 12:17 PM
    EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.

    Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.

    The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.

    Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..

    Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.

    Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...

    If anyone knows more or can confirm this, that would help...

    Thanks!

    --Karthik


    Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?

    I think u need to start afresh a new one only if you are out of country for one year.

    Folks, if any one has done this please corraborate




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  • ilikekilo
    05-21 04:34 PM
    haha....that is funny




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  • cheg
    07-15 01:47 AM
    My husband and I filed our documents last July 5. It reached USCIS on July 6. I was also confused whether to file or not but I said to myself that even if we don't win the lawsuit at least we tried. I know we all don't know the outcome of this whole fiasco but the only thing we can do is hope and pray for the best. My brother is also H1 and just waiting to adjust status like me and my husband but he hasn't filed his documents. I can't tell him what to do because it's his own decision. I do know that I feel good about our decision and no matter what the outcome is, I'm glad that my husband and I did file our documents. So come Monday, I'll be keeping my fingers crossed and praying for all of us. :)




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  • psaxena
    07-07 12:58 PM
    Please refrain yourself from passive user of IV. Ganguteli is right, when asked anyone to donate or to volunteer they back out and come back hoping IV will help them , why??

    If someone is in trouble is only for the reason we don't are not united. We move in 10 different direction, and also only when there is emotional outburst or some issue, before that nothing.

    Think of the guys supporting the Hispanic population, they got their GC, mostly citizens but still helping and funding , what are we doing .. nothing.. on top of it try to suppress someone who try to raise the voice to get together.



    Mr Ganguteli!
    Please refrain from intimidating others in pain. Hoping for large scale denials will not help your cause in any way.



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  • immi_enthu
    08-28 09:39 AM
    what do u mean by approved labor not signed??

    Labour approval is approved by DOL .
    It needs to be attached to 140 application.
    140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
    485 is to signed by you or by attrnoney in case a G 28 is signed by you

    is it not required for the beneficiary to sign the approved labor before attaching it to the I140 petition ?




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  • locomotive36
    11-16 11:01 AM
    ^^^bump^^^



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  • nagesh75
    07-06 04:40 PM
    I am currently working on using EAD. I went to India for a visit and came back to US on 7/7/08 using AP. On the form I-94 they mentioned my status as �Paroled� till 7/7/2009.
    Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
    I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.




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  • arorasa
    01-01 01:20 AM
    Good thread. Encourage more people to vote !



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  • chanduv23
    05-13 12:35 PM
    Looks like - they keep pulling up your information using your A number and for some reason they may be relating to your EB2 i 140 even though you have an EB3 i 140.

    We have no clue what happens inside USCIS and how their record retention policy is.

    You must do the following

    (1) Write to Ombudsman - fill out form 7001 and attach all documents, proofs, and clearly explain the issue and hardships you are facing

    (2) Write to both your Senators

    (3) Write to your congressman

    (4) Write to IV also in detail about your case. Don't have to write any private details.




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  • anilsal
    01-13 10:47 AM
    an infopass. The CIS official has a lot of information as to what is happening with the file. They can tell if someone is working on the file.

    If infopass does not work, go via senator and ombudsman.

    Best of luck!!



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  • pdakwala
    09-28 04:36 PM
    After looking to so many threads on our forum regarding the receipt notice delay. IV have raised the same questions to USCIS. Today USCIS have come with the answers to your questions. We are told that USCIS has put additional resources to address the receipt notice delays.

    Please visit

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D




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  • Steve Mitchell
    October 12th, 2003, 09:31 PM
    I love that dandelion. It has an "otherworlddy" look to it.



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  • rajbgp2002
    07-19 04:08 PM
    http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_07-10-06.pdf



    Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
    The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
    In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
    The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
    o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
    o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
    This process is not available for applications closed on grounds unrelated to nonreceipt
    of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
    What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
    Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
    1.
    E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
    2.
    The subject line of the e-mail should read �Request to Reopen�.
    3.
    Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
    4.
    The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:

    Name of employer and correct current address.

    Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.

    Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).

    Name of the alien named on the application.
    The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
    o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
    o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
    o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
    What can I expect in response to my request to reopen?
    Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
    of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
    Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
    How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
    The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
    If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
    May I contact the BECs by regular mail instead of email?
    No, the request to re-open a case must come into the centers electronically.
    Who may make the request to re-open a case if we believe it was improperly closed?
    Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
    Do I have to submit my request to re-open a case within a certain time period?
    Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
    To whom will responses be sent?
    The email responses will only be sent to the employer or attorney who initiated the request.
    What do I do if I have not received a �45-day� letter by July 21, 2006?
    If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
    A. Attorney name and address
    B. Employer�s name and address
    C. Alien�s name and address
    D. Priority Date
    E. State or Regional location and/or number where case was originally filed
    OFLC will publish its policy regarding such cases under separate cover.




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  • eilsoe
    10-15 07:25 PM
    Has this thread been forgotten?

    I'm still waiting to hear what a "dog's clue" is... :P


    isn't the paw pring a standard vector shape in PS7? Or did I download it somewhere...?

    hm.... never can remember...



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  • Camelracer
    February 5th, 2008, 12:48 PM
    For what it's worth Im still relatively new to digital photography and have a Canon 300D which was a hand me down from my brother so far I have found it perfectly adequate for my immediate needs.

    May Contributions [Archive] - Immigration Voice

    View Full Version : May Contributions





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  • amitjoey
    11-21 05:23 PM
    While going out staple all of them together and give it it Airlines.

    Airline has no problem in taking any of one (valid dates or expired dates), but the moment they see more than one, they will take all and staple it together. It is sent back for records (I am not sure where/how that is maintained and what is impact of giving in bits and pieces or loosing it, while having multiples).

    But my lawyer as well as airline told me clearly to give all of the I94 together.

    If you lost one (even to airlines), it may be worth informing USCIS, to avoid any inconveniences later. (Note: I am not legal expert and this is not a legal advise)

    Thanks



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  • gc2
    12-03 03:15 PM
    why would you ask about unemployment for a GC application based on employment category or so i assume.




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  • slowwin
    02-22 02:31 PM
    Full time genrally means atleast 9 credit hours per semster (could be more).

    If you are in the same job for the same employer and are performing your 40 hours , it's better to be on that H1-B or AOS(EAD) status. This might not be possible in every university and or every graduate program but some of them have evening classes mostly. so you just get into your program and take classes but your status is H1-B or EAD (some universities even consider you domestic or instate for tuition purposes if you were working in that state for more tan year prior to begining the program.

    AOS in that case is not jeopardised. I am in your exact situation, and this is what I understand. Always consult your attorney before you proceed.
    regards,
    slowwin




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  • pappu
    06-17 04:11 PM
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    485Mbe4001
    03-06 02:11 PM
    so now people give red dots just for asking a question about EB3...where is ACLU:D

    Guys:
    Everyone is talking EB2....what are the prospects for EB3 - India??

    Is it going to move forward..??

    Good Luck..??




    akred
    02-25 02:25 AM
    with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.

    You cannot count any experience gained with employer B unless it was gained while working in a different (substantially dissimilar) job.



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