lvaka
05-21 11:20 AM
Hi All,
While filling the EFile EAD, I am not really sure what should be filled under the Last question.. "Please provide information concerning your eligibility status"
I would appreciate if any of you who got their EAD through EFile answer this question.
Thanks
While filling the EFile EAD, I am not really sure what should be filled under the Last question.. "Please provide information concerning your eligibility status"
I would appreciate if any of you who got their EAD through EFile answer this question.
Thanks
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RNGC
02-15 03:33 PM
^
Googler
02-14 04:24 PM
"Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
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guyfromsg
07-30 08:14 PM
What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?
thanks.
By getting EAD you are not using it. When the company submits new I-9 form along with EAD that's when it get's "used". I'm in the same boat, will keep extnding H1 and also keep EAD as a backup
thanks.
By getting EAD you are not using it. When the company submits new I-9 form along with EAD that's when it get's "used". I'm in the same boat, will keep extnding H1 and also keep EAD as a backup
more...
nixstor
06-30 12:56 AM
I was listing to NPR Diane Rim show. Not sure who guests were. But When Diana asked if there is any chance that bill might come back.. He said, no bill won't come back but there is chance that some pieces of immigration may come in seperate pieces in around sep. He did say some bill might come for High skilled.. He gave example of Bill Clinton's health care immigration bill.
Anybody got chance to hear to NPR today?
nothing on immigration today in dr show
Anybody got chance to hear to NPR today?
nothing on immigration today in dr show
nozerd
01-20 11:51 AM
Core team,
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
more...
jambapamba
08-08 09:35 AM
See the question on i485:-
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
traffic violations?
Thats true but the thread starter indicated he had non-traffic citation. I don't know what it is...but it will be good to know examples of non-traffic citations.
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
traffic violations?
Thats true but the thread starter indicated he had non-traffic citation. I don't know what it is...but it will be good to know examples of non-traffic citations.
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Sushie
08-17 02:46 PM
Thanks Kondur_007,
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
more...
sam_austin77
12-18 11:34 PM
Team,
I need advise. Some should respond to my query. It is still unanswered after 190 views. I need to make some quick decisions. Naukri ka sawaal hai!!
Thanks
I need advise. Some should respond to my query. It is still unanswered after 190 views. I need to make some quick decisions. Naukri ka sawaal hai!!
Thanks
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Dhundhun
06-07 06:04 PM
At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
Phase one: This is part of I-140 filled by employer (of beneficiary in some cases)
Part 2. Petition type.
a. An alien of extraordinary ability.
b. An outstanding professor or researcher.
c. A multinational executive or manager.
d. A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
e. A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor's degree) or a skilled worker (requiring at least two years of specialized training or experience).
f. (Reserved.)
g. Any other worker (requiring less than two years of training or experience).
h. Soviet Scientist
i. An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).
Phase two: Endorsement by USCIS Officer based on evaluation of I140
Classification:
203(b)(1)(A) Alien of Extraordinary Ability
203(b)(1)(B) Outstanding Professor or Researcher
203(b)(1)(C) Multi-National Executive or Manager
203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability
203(b)(3)(A)(i) Skilled Worker
203(b)(3)(A)(ii) Professional
203(b)(3)(A)(iii) Other Worker
Certification:
National Interest Waiver (NIW)
Schedule A, Group I
Schedule A, Group II
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
Phase one: This is part of I-140 filled by employer (of beneficiary in some cases)
Part 2. Petition type.
a. An alien of extraordinary ability.
b. An outstanding professor or researcher.
c. A multinational executive or manager.
d. A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
e. A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor's degree) or a skilled worker (requiring at least two years of specialized training or experience).
f. (Reserved.)
g. Any other worker (requiring less than two years of training or experience).
h. Soviet Scientist
i. An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).
Phase two: Endorsement by USCIS Officer based on evaluation of I140
Classification:
203(b)(1)(A) Alien of Extraordinary Ability
203(b)(1)(B) Outstanding Professor or Researcher
203(b)(1)(C) Multi-National Executive or Manager
203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability
203(b)(3)(A)(i) Skilled Worker
203(b)(3)(A)(ii) Professional
203(b)(3)(A)(iii) Other Worker
Certification:
National Interest Waiver (NIW)
Schedule A, Group I
Schedule A, Group II
more...
raju123
02-09 07:44 PM
This is very serious matter. EB community should strongly oppose
It is time for Fight to Finish !
I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A
It is time for Fight to Finish !
I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A
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bluekayal
09-14 01:17 PM
jlt007us, all the best.
more...
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anilsal
11-06 11:14 AM
There is an issue. You have to make a trip to the local police station every six months to register your child. If you're lucky, the officials will be polite and helpful and do this without fuss. But knowing India very well, they're more likely to create a fuss till you've bribed them. Also, now they know where your child lives and the fact that he/she is a US citizen. Who knows, what kind of people they will pass on this information to...
Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.
So this Police station registration is if the child starts to live in India or when the child visits India? Where is this rule documented?
If such rules exist, then there should be a formal complaint with the nearest Consulate General. They are reasonable people.
Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.
So this Police station registration is if the child starts to live in India or when the child visits India? Where is this rule documented?
If such rules exist, then there should be a formal complaint with the nearest Consulate General. They are reasonable people.
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rockstart
02-05 01:13 PM
Masters + 4 years or Master + 0 Years or Bachelors + Exp etc is all decided by the company based on the job title requirements, pay. It is not for you to decide what the labor should be. When company filed my labor I had MS + 3 Years experience from different origanization + 2 years with current organization but the labor was for MS + 0 Yrs experience because that is what the manager & HR thought the company needed and that is how it was advertised. They attached my experience letter from previous employment while submitting the labor but the job requirement never needed it.
more...
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cchaitu
07-24 04:34 PM
Hi,
If I have a permanent offer after 180 days of Receipt date (I 485)...
Is this offer should be in the same location (state) where my labor got filed ???
Please advice...
Thanks
Please Advice
If I have a permanent offer after 180 days of Receipt date (I 485)...
Is this offer should be in the same location (state) where my labor got filed ???
Please advice...
Thanks
Please Advice
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pmpforgc
11-01 02:49 PM
Dear Friends
My I-140 (Sch-A cat-II, recipt date 08/24/2006, upgraded to premium on Oct-25) got approved on Oct-30, 2006
My I-485 was also filed concurrently. I already got finger printed 09/06/06 and there were LUDs on I-485s after that on O9/07/06 and 09/14/06.
After my I-140 approval on Oct-30, My and my families I-485s has LUDs on 10/31/06 and 11/1/06.
Based on your experience, does the recent LUDs on my I-485s suggest some type of approval process?
Can you share your expereiences and knowledge and tell me what these recent LUDs on my I-485s means?
thanks
My I-140 (Sch-A cat-II, recipt date 08/24/2006, upgraded to premium on Oct-25) got approved on Oct-30, 2006
My I-485 was also filed concurrently. I already got finger printed 09/06/06 and there were LUDs on I-485s after that on O9/07/06 and 09/14/06.
After my I-140 approval on Oct-30, My and my families I-485s has LUDs on 10/31/06 and 11/1/06.
Based on your experience, does the recent LUDs on my I-485s suggest some type of approval process?
Can you share your expereiences and knowledge and tell me what these recent LUDs on my I-485s means?
thanks
more...
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ChainReaction
08-04 07:53 AM
from immigration-law.com
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
We don't need a web based status check system for our labor it just might be another tack tick to further delay labor processing. We have waited so long some even more then 5 yrs and we know that our case is still in process ; we simply shouldn�t care if BRC create some stupid website or not to show that our case is still processing, as long as they keep their word this time and finish all pending labor processing by September 07
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
We don't need a web based status check system for our labor it just might be another tack tick to further delay labor processing. We have waited so long some even more then 5 yrs and we know that our case is still in process ; we simply shouldn�t care if BRC create some stupid website or not to show that our case is still processing, as long as they keep their word this time and finish all pending labor processing by September 07
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roseball
04-29 03:13 PM
No, you cannot show that period as experience. Moreover, by doing so you will be saying that you have been working during that period which would be illegal while on H4.
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tinamatthew
07-21 02:00 PM
Thank you katrina for your response.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.
telekinesis
10-15 08:06 PM
nocturn.net is not the site I think I am looking for lol, do you have another link?
javadeveloper
08-31 09:36 AM
Please do not spread a bad word about Indian companies. Infact 90% of us are working for Indian companies and we very much know we can not go with others due to the fact that experience or openness or waterver the reasons I don't like to mention here. I hope you can understand my request. Thanks.
Why Not?? 80% of Desi Companies do illegal things like
1.charging for H1B
2.charging for GC
3.Not keeping employees on payroll
4.Not paying on Bench
All companies are required to follow the rules/law
Why Not?? 80% of Desi Companies do illegal things like
1.charging for H1B
2.charging for GC
3.Not keeping employees on payroll
4.Not paying on Bench
All companies are required to follow the rules/law
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