Wednesday, June 15, 2011

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  • Cast member Reese Witherspoon



  • no_more_anger
    02-06 05:46 PM
    > If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    No. That is incorrect. A manager is responsible for managing people (besides other
    duties). That is a totally different job description and different category for labor.

    Some useful info:
    * If you are on H1 and job description changes (like u become a manager), H1
    amendmend MUST be filed.
    * If you are using EAD, then company doesn't need to file anything. If a RFE comes,
    you are required to show proof of job position with job description corresponding to
    that of approved labor. If your company is ready to do that (or u can get that somehow),
    you are good.
    * If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
    * Lastly, I know people in many companies where for HR purposes they are still a
    developer (or whatever) and for real, they perform totally different job functions (like
    marketing). If your company allows this, then it's an option (not legal, but practiced ).

    Disclaimer: I am not a lawyer.





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  • Leo07
    05-21 10:30 AM
    and there are lots more like us...





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  • vikram2101
    08-02 06:55 PM
    My wife collected her's from VFS but they do not give it out the same day either at the consulate or the VFS. The earliest I guess is 3 PM the next day that you can collect it.

    do you remember the appointment time?





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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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  • uma001
    10-16 09:35 AM
    Friends,

    I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.

    I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.

    I appreciate all your comments!

    What is the cost for premium processing





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  • dvb123
    10-05 12:20 AM
    Visit Vizag aka visakhapstnam



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  • goel_ar
    12-20 10:28 AM
    Everyone knows about Illegal immigration - no one knows about legal immigration.

    We need to have a working group to generate awareness @ grassroot levels about legal EB immigrations - common voters, media, people working around you.
    Working with lawmakers is ok but they don't get asked by their voters to support legal EB immigration first before illegal immigration. Hence lawmakers never feel pressure to support legal EB immigration.
    We need to try to go to wider audience instead of targetted audience (lawmakers) - which has been IVs approach for long time.

    People need to know us more than indian 'software' techies. They need to understand how we got there, how we contribute to society, maintain status & maintain job without years.

    We need to look for support among all people who values skilled workforce...


    (I hope IV admins won't kill this thread as they don't like their criticism - like $2 thread- )...





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  • scorpioduo
    04-17 03:53 PM
    I think you should be OK



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  • gsc999
    07-11 01:52 PM
    Funny? See below:

    http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432

    The message was IV template...

    Glus
    ---
    Lucky you. We should keep that receipt in IV hall of nostalgia, seriously.





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  • texanguy
    12-16 12:46 PM
    they probably have assigned a visa number to your case during the month of august/sept when your priority date was current and might have shelved it to open at a future time (which happens to be just about now!)

    Congratulations on your green card. Enjoy your freedom...

    Ladies and Gentlemen,

    As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.

    Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).

    So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.

    Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your files comes to someone's attention. ....Best to all....



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  • InTheMoment
    08-17 10:19 AM
    That is unfortunate. I hope everything gets taken care for you and you get the receipts.

    When things are all set, why don't you send an official complaint to the USCIS about the doctor. I wonder how she became a "Civil Surgeon" if she doesn't know as simple a thing as sending a supplement form for vaccinations. It would be good to get such doctors weeded out of the USCIS system.

    I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.

    I called the doctor’s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn’t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn’t get rejected due to this; no checks cashed as of today.

    My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.

    Anyone else in the same boat? Is this something to worry about? See signature for more info...





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  • waitin_toolong
    08-14 06:17 AM
    Hello All,

    One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.

    Regards,
    Azeez

    It would not invalidate the transfer, as legally there is no such thing as transfer it is always a new H1/4 what she loses is her extension period on I-94 and you will be forced to file an extension for her an unnecessary hassel. Usually if H1/4 travel together this problem rarely happens as the H4 spouse is automatically given same I-94 time as H1 per their new I-797. But some VO's surprise are still too new at their job to figure out the same for H4 travelling alone.



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  • wandmaker
    09-17 11:13 PM
    Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.

    1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?

    2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.

    Take infopass, go with your welcome notice, get 551 stamp - it will allow you to travel until you get the physical card. Usually, 551 stamp is valid 1 year from the date of stamping.





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  • fatjoe
    11-07 12:47 PM
    I got my FP from TSC
    My I-485 got transferred to TSC from VSC.

    Got soft LUD on approved I-140 on 11/04

    Hi ttdam:
    Your 485 was moved from NSC to TSC, and so was mine, and I got FP recently. My EAd/AP was filed in NSC on Aug 10, got receipt notice, but no other news yet. where did you file your EAD/AP, is it in NSC? If so did you get your EAD?



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  • kart2007
    05-11 08:54 PM
    Been there, done that!
    In US It takes one day if you have police report, old passport copy. I have done this at the Chicago embassy. They will issue you a new passport with visa stamp (US visa only).





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  • kumar1
    11-20 09:32 PM
    You can call UK consulate and ask them for this information. They have a paid phone service (~2 dollars per minute) available. If you do not mind me asking, why are you going through the pain of getting a transit visa?



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  • brb2
    08-27 07:50 AM
    Yingli
    Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.

    Thanks you all so much for the reply! I really appreciate it!

    How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?

    I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.

    I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?

    YL





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  • KanME
    10-30 08:02 PM
    Have a great meet You guys!





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  • Oct007
    12-13 09:57 AM
    Jawbreaker,

    Now we just wait and hope our names dont get stuck in the FBI namecheck and then hope that visa numbers will be available.
    (there are a few threads for Namecheck)

    If you are on H1B, keep renewing it

    If you applied for EAD and plan on using it with another employer make sure your 140 is approved and you have waited for 6 months after the I485 Receipt date before moving to a similar job.

    you might get a couple of LUD's on the 485 in the mean time. ( I got one as recent as last week - not sure what it means)

    budget money for EAD and AP renewals. Damn those are expensive now with the increased rates

    and If nothing happens in 15 months, get ready for one more FP appointment.

    check IV and other forums and help others with questions.





    srikondoji
    12-17 05:07 PM
    i was in coma. :D or may be i was off by one month :eek: or may be some bug entered my head and rewired my brain :cool:





    anandrajesh
    12-07 03:37 PM
    Answers to the best of my knowledge. Read my Disclaimer at the end...
    Questions:-

    1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?

    -- Yes. You can do that and explain the consular officer abt the need for new passport

    If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.

    -- Stamping in one of the ppt is enough. You need to carry both of your passports wherever you go. In my case i went for my stamping last month and my passport is expiring Aug 07. I have my 3 year stamping on my ppt.

    2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?

    -- One appt for both of u is enough. There is provision to add upto 10 applicants of the same family in 1 appt slot.

    3) Will appointment be available in Feb or we r too late ?

    -- They have opened it up in all embassies. You will get it.
    Try the link https://www.vfs-usa.co.in/Home.aspx to get an estimate.

    Feel free to ask me for any more qns.



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