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redds777

01-14 01:05 PM

Hi
Congrats on ur GC . can you tell us what was ur wife's EB2 priority Dt.

Thanks

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joshraj

10-11 03:28 PM

Thanks Shirish :)

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sagar_nyc

02-11 12:00 PM

Yes My 140 was approved close to Sept 19.. Thanks


I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.

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looivy

08-15 10:43 AM

Any idea how do they transfer application from VSC to NSC? Process or guidelines around it would be helpful.

My para-legal told me that since my I-140 has a EAC number, my I-485 was also sent to Vermont.

Please advise.

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Blog Feeds

02-28 09:10 AM

Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.

Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)

The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.

Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.

These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.




http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
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More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)

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newfoundland

08-04 03:48 PM

Hello,

How can I inform the USCIS (I-485 pending) that my lawyer is not representing me any more? Do I need to fill up any form (like G28)?

I do not want USCIS to send ant document to my ex-lawyer anymore.

Thanks so much

EB2-NIW
PD march 2003
RD - august 2003
I-485 pending

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prinive

12-21 01:41 PM

What is that "Million $$$ drive". I did contrubute to omini bus 30K drive. But I havent heard of this drive?

Have you contributed to the MILLION dollar drive? Please visit the funding thread!

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conundrum

05-25 07:44 AM

It seems the lines to the senator's (Kennedy's) immigration council/staffer is busy, asked me to call them after 5 mins... second time that is happening!!! Very fustrating..........

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javaconsultant

04-03 01:37 AM

Lets Do it Guys !!!!Now is the time......


NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY

PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)

Dates: April 3rd (preferable) and APRIL 4th (if you forget)
MAKE A CALENDER ENTRY

Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.

Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center


DOL Contacts

Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000

Mr. Paul T. Conway
Chief of Staff
(202) 693-6007

Mr. Steven J. Law
Deputy Secretary
(202) 693-6000

Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100

Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003

Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000

Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210

--------------------------------------------------------------------------------

WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
WE FAX LETTERS ON APRIL 3rd or 4th

Below is the sample draft:
-------------------------
Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center

Dear Sir / Madam:

I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.

My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.

I would be highly appreciated if you look into this matter as soon as possible.

Sincerely,
your name
City, State, Zipcode
__________________
ETA Case Number:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR

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ashkam

12-02 08:27 AM

hi ashkam,

what is the best way to get Transit VISA?

i have only 2 hours between connecting flights. need to get it here in US?

thx

I'm not sure if you require a transit visa if you're traveling from the US to India and if you have an Indian passport. But you need to double check. If you're traveling from India to the US, you can get it in 5 business days. You have to submit your application in any one of the vfs (http://www.vfs-uk-in.com/) offices in India. You could probably get it from the US too, I guess but I am not sure how you would go about doing it.

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abandookwala63

10-26 04:50 PM

guys can someone please let me know what is meant by lud.

my fringerprinting was done 2 days ago and received ead no ap yet.

i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.

i highly appreciate if someone let me know what is lud

Online computer message shows EAD oh me and my spouse was mailed on 24th september but till date as on 24th october i hace not received it. i call the USCIS and the second level officer told me cannot mail u another one til me get in returned mail or go and inquire with the postoffice. Post office doea not have any pending mail for our address. USCIS says cannot send a duplicate one. donot know what to do.???? any suggestions.

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sweet23guyin

09-26 04:56 PM

800-375-5283
Options 1-2-2-6-2-2-1

u need to tell them that ur app was filed around 90 days ago and u wil get transferred to an 2nd level IO. She will ask you ur full name and DOB. If she finds you in DB , she will verify ur address or mother's maiden name.

Thanks for the info, i too got my recpt# by calling...

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Neocrack

04-17 12:03 PM

The Application for a new passport can be made within 12 months before the expiry of the passport.

http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3

At NY consulate if you can go to the consulate and submit the documents in person you can pick up your new passport within 5 - 7 working days. If you are mailing your documents add the estimated mailing time to the process.

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wandmaker

10-13 02:40 PM

I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

Here is the reason...

The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

there is no proof (valid labor) that you are eligible for EB2. since you labor is expired, there is no labor and you can not proceed with 140 - so they denied your 140

I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.

Please restart your Labor again, ASAP.

Correct

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bcg_consultant

02-13 04:35 PM

same here, my PD is Aug 2004 EB3(ROW) but my I-140 and 485 is still pending at NSC(more than 240 days).I dont have any hope that my I-140 will be cleared any time soon...Good bless H1B people

Folks,

Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

Thanks

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ronnie0479

08-15 11:54 PM

Hi -

Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?

I mean, do these guys know what an AP is?

Is it better to get the H1B stamping done?

I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..

what has indian immigration officer to do with AP and US immagration.....

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pradeep_s

12-21 02:11 PM

Janilsal,

I have a PhD, almost 4 years research experience. About 10 scientific publications.

hi miguy.........
Regarding your I-140 approval notice, if you can get your case # from your lawyer, I guess you can request for a copy of I-140 approval notice from USCIS. Try to get your case #/receipt number. In my case, I got the I-140 approval letter from USCIS. What I know is that USCIS sent a copy to your address as well as to your lawyer. Did you change your address after applying for I-140? The approval notice cannot be forwarded to a new address.

pradeep

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krishmunn

09-30 11:58 AM

Unfortunately NO. you cannot declare anything while leaving India.


Not correct. You can declare your stuff , including Jewellery, right after immigration check at customs counter when leaving India. I did it once for my laptop long back.

Also, carry your Indian receipts.

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h1techSlave

07-24 09:48 AM

2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.

I think this is the best option, if the Indian citizen has marketiable skills. Non-profits/universities etc. can file for H1, even when quota is exhausted. If the spouse in the US know some one from the non-profit, then trying to file for H1 for spouse is one good option. I know one couple, who went thru that route. I think (I don't know for sure) the husband had to volunteer (he was already here in H4) for a couple of months to prove to the university that he is good. As I understand, you can volunteer for non-profits when you are in H4. Of course they are not going to pay you while in H4.

I think the nitty gritties of these things has to be worked on with a good immigration lawyer.

Cheers,
h1techSlave

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jazzy2

05-25 08:47 AM

Hi all
called Sen. Lindsey Graham
and Sen. John Macain

Both the numbers had an option on leaving a message or opinion on a legislation.

So i left a message ....

should i also speak to the staff??

jazzy2...

washington dc

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gg_ny

07-31 09:54 PM

gg_ny/others,


1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?


2) gg-ny, can you eloborate on this please?

(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.


Thanks for your responses.



Sendil
Hi,

I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
1) unless you USE your EAD, H1 or H4 status wouldn't be affected
2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.

Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.

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