a_yaja
10-09 07:43 PM
Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.
I had the same experience. However, my POE was Miami. No questions asked. My spouse and I just waited (with our USC daughter) in secondary inspection till they called my name and handed over our papers to me.
I had the same experience. However, my POE was Miami. No questions asked. My spouse and I just waited (with our USC daughter) in secondary inspection till they called my name and handed over our papers to me.
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martinvisalaw
08-17 07:22 PM
It seems as per the new DOL Requirements two notices has to be posted at two locations ( One at Employers office and one at the client location. U.S. Department of Labor (DOL) regulations requires that a Posting Notice be posted within your organization in two conspicuous locations for 10 consecutive business days)
As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..
The DOL requirements are not new, it's just that the method for filing the LCA is new. The employer has always needed to post the LCA, including salary information. This is not optional, so if the employer refuses, there can be no H-1B.
As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..
The DOL requirements are not new, it's just that the method for filing the LCA is new. The employer has always needed to post the LCA, including salary information. This is not optional, so if the employer refuses, there can be no H-1B.
irrational
06-18 08:28 PM
My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin
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ibmguy
04-07 04:48 PM
I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.
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larmani
09-04 12:58 PM
Our Lawyer contacted National Service Center and got some inquiry number starts with WTCXXXXX and expecting a response in 45 days? Is this same as Service Request? Will this help? I already took infopass appointment and met an IO. The IO was saying both of my I-140s are in the same file as 485. But my question is how would they choose my application when USCIS did not port the priority?? Anybody in this situation please help!!
karthic
12-19 08:26 AM
Hi a_yaja,
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
more...
Raj Iyer
09-13 12:02 PM
Filing I-140 petition on your behalf signifies immigrant intent. So if you travel outside, you could potentially be denied entry.
The safer option would be wait till your I-140 gets approved, if your PD becomes current, filed I-485. If the PD is not current, seek 3yr H-1B COS under the AC 21 provisions.
The safer option would be wait till your I-140 gets approved, if your PD becomes current, filed I-485. If the PD is not current, seek 3yr H-1B COS under the AC 21 provisions.
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Rayyan
07-03 01:20 PM
Hi All,
I am planning to get my H1B stamped in Chennai, India.
I got H1b extension last month for 3 years. I am planing to visit India in the month of Aug.
I need to know when do I make an appointment?
and will my name be added to PIMS if I make an appt?
Do I have to go to Chennai or I can go to any other Consulate for stamping?
What about PIMS verification, is there anyway I can have my name added to this database before I travel to India?
Anybody has any idea about this? Thanks in advance
I am planning to get my H1B stamped in Chennai, India.
I got H1b extension last month for 3 years. I am planing to visit India in the month of Aug.
I need to know when do I make an appointment?
and will my name be added to PIMS if I make an appt?
Do I have to go to Chennai or I can go to any other Consulate for stamping?
What about PIMS verification, is there anyway I can have my name added to this database before I travel to India?
Anybody has any idea about this? Thanks in advance
more...
sbmallik
06-12 03:30 PM
Yes, you can stay in US as long as your I-485 is pending. In order to work, you need EAD, which you can file at any point of time (even if the previous one gets expired). Please note that you have to wait for the I-765 approval before stating to work on EAD.
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rajuram
02-20 10:42 PM
Is this something positive, that can give us some hope? There hasn't been any good news reported for a long time now.
I hope IV is ready for this.
Arise and awake....get ready for the final battle
http://judiciary.senate.gov/schedule.cfm?changedate=02/26/07
http://judiciary.senate.gov/hearing.cfm?id=2555
"Comprehensive Immigration Reform "
Senate Judiciary Committee
Full Committee
--------------------------------------------------------------------------------
DATE: February 28, 2007
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
February 20, 2007
NOTICE OF COMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a hearing on “Comprehensive Immigration Reform” for Wednesday, February 28, 2007 at 10:00 a.m. in Room 226 of the Dirksen Senate Office Building.
By order of the Chairman
I hope IV is ready for this.
Arise and awake....get ready for the final battle
http://judiciary.senate.gov/schedule.cfm?changedate=02/26/07
http://judiciary.senate.gov/hearing.cfm?id=2555
"Comprehensive Immigration Reform "
Senate Judiciary Committee
Full Committee
--------------------------------------------------------------------------------
DATE: February 28, 2007
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
February 20, 2007
NOTICE OF COMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a hearing on “Comprehensive Immigration Reform” for Wednesday, February 28, 2007 at 10:00 a.m. in Room 226 of the Dirksen Senate Office Building.
By order of the Chairman
more...
psaxena
06-26 01:02 PM
Planning to have the conference call Friday evening 4:00PM AZ time
PM me who are going to join the conf call
Free Conference call Info
Conference Ph:
(218) 339-2500
Pin:
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PM me who are going to join the conf call
Free Conference call Info
Conference Ph:
(218) 339-2500
Pin:
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drirshad
05-05 02:23 AM
USCIS TEXAS SERVICE CENTER EMAIL PILOT INITIATIVE:
EMPLOYMENT-BASED 1-485 SPECIAL NOTIFICATION PROTOCOL
April 22, 2010
PURPOSE: The purpose of the Texas Service Cemer (TSC) employment-based (EB) 1-485 Email Pilot Special Notification Initiative is to prOVide a mechanism by which applicants can facilitate TSC processes relating to speCific EB 1-485 application scenarios through an email address. The email address for this purpose is: EBUPDATE.Tsc@dhs.gov.
Applicants will receive an automatic reply from TSC stating that the email was received. After submitting infonnation through this pilot email initiative, one follow-up inquiry may be sent if no communication has been received from TSC, such as a decision notice, a request for evidence, or other notice, within 90 days.
The automatic email reply will proVide further information on how to submit the follow-up inquiry. This email account does not replace general inquiry processes that are in place for users; general inquiries
received at this email account will not be addressed.
EB 1-485 CASE IDENTIFICATION PROCEDURES
1. What is the procedure to notify TSC when an applicant is eligible for porting under AC21?
I. You should identify only one applicant in a single e-mail. E-mails must pertain to applicants whose 1-485s have been pending for 180 or more days and who are eligible for AC21 porting.
2. You should send an email to: EBUPDATE.Tsc@dhs.gov
3. On the subject line, you should write "EB 1-485/AC21." (Example: EB 1-485/AC21).
4. In the text of the email, you should prOVide: A-number, old employer's name and new employer's name. You should attach a copy of the new employer's letter of employment. The letter must
identify the follOWing information: the new employer, the letter's author and his/her job title, applicants new job title, start date of new employment, hours per week, salary, and specific description of the duties to be performed.
5. If the applicant has more than one A-number, you should type them both on the same line separated by a "/". (Example: All 1222333 I A444555666). If there are multiple family members, you should type them all on the same line separated by commas. (Example: AIII222333, A222333444, A444555666). You should also indicate which of the A-numbers is that of the principal 1-485 applicam I 1-140 beneficiary.
EMPLOYMENT-BASED 1-485 SPECIAL NOTIFICATION PROTOCOL
April 22, 2010
PURPOSE: The purpose of the Texas Service Cemer (TSC) employment-based (EB) 1-485 Email Pilot Special Notification Initiative is to prOVide a mechanism by which applicants can facilitate TSC processes relating to speCific EB 1-485 application scenarios through an email address. The email address for this purpose is: EBUPDATE.Tsc@dhs.gov.
Applicants will receive an automatic reply from TSC stating that the email was received. After submitting infonnation through this pilot email initiative, one follow-up inquiry may be sent if no communication has been received from TSC, such as a decision notice, a request for evidence, or other notice, within 90 days.
The automatic email reply will proVide further information on how to submit the follow-up inquiry. This email account does not replace general inquiry processes that are in place for users; general inquiries
received at this email account will not be addressed.
EB 1-485 CASE IDENTIFICATION PROCEDURES
1. What is the procedure to notify TSC when an applicant is eligible for porting under AC21?
I. You should identify only one applicant in a single e-mail. E-mails must pertain to applicants whose 1-485s have been pending for 180 or more days and who are eligible for AC21 porting.
2. You should send an email to: EBUPDATE.Tsc@dhs.gov
3. On the subject line, you should write "EB 1-485/AC21." (Example: EB 1-485/AC21).
4. In the text of the email, you should prOVide: A-number, old employer's name and new employer's name. You should attach a copy of the new employer's letter of employment. The letter must
identify the follOWing information: the new employer, the letter's author and his/her job title, applicants new job title, start date of new employment, hours per week, salary, and specific description of the duties to be performed.
5. If the applicant has more than one A-number, you should type them both on the same line separated by a "/". (Example: All 1222333 I A444555666). If there are multiple family members, you should type them all on the same line separated by commas. (Example: AIII222333, A222333444, A444555666). You should also indicate which of the A-numbers is that of the principal 1-485 applicam I 1-140 beneficiary.
more...
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meridiani.planum
10-01 11:58 PM
Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
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satishku_2000
05-04 02:22 PM
I had a rfe on my 140. About a degree from Bombay University. After the reply within 48 hours my case was approved.
Hey pete
when did u file your case , is it EB2 or EB3 reg or prem? Mine was filed on sep 19th EB3 regular still waiting.
I am concerned about RFE response time change USCIS is planning now ...
Hey pete
when did u file your case , is it EB2 or EB3 reg or prem? Mine was filed on sep 19th EB3 regular still waiting.
I am concerned about RFE response time change USCIS is planning now ...
more...
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mhtanim
06-30 02:04 AM
Your H-1B stays valid for as long as it is approved, even if you enter using AP.
If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?
If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?
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chanduv23
09-14 02:29 PM
ALL THE HEROS AND HERIONES TO DC
LETS CREATE HISTORY HERE
FOLLOW YOUR HEARTS
LETS CREATE HISTORY HERE
FOLLOW YOUR HEARTS
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a_yaja
06-05 10:12 PM
Thanks for the reply. But like I mentioned, this case was approved on 5/8/2008 and the approval notice was sent on 5/8/2008 and received on 5/14/2008. Between 5/8/2008 and 5/22/2008 the status was "approved, approval notice sent".
Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?
I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.
Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?
I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.
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shree09
08-07 02:55 PM
Hi,
I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?
Here is the situation:
------------------
1. I got Canadian PR approval. I have submitted passport for stamping. After They mail it back to me, I need to travel to Canada(want to go to Vancouver) and at the border apply for PR Landing forms.
2. I have H1B extension approval but need stamping as I need to travel to INdia later this year on vacation. So when I go to canada, can I go to US Consulate apply for stamping and come back to US with same stamping???
I dont have AP so I cannot come back to US without the stamping. So what is the best solution in this case.?
I need to land in Canada before May 2008.
Your help will be greatly appreciated
Thanks
I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?
Here is the situation:
------------------
1. I got Canadian PR approval. I have submitted passport for stamping. After They mail it back to me, I need to travel to Canada(want to go to Vancouver) and at the border apply for PR Landing forms.
2. I have H1B extension approval but need stamping as I need to travel to INdia later this year on vacation. So when I go to canada, can I go to US Consulate apply for stamping and come back to US with same stamping???
I dont have AP so I cannot come back to US without the stamping. So what is the best solution in this case.?
I need to land in Canada before May 2008.
Your help will be greatly appreciated
Thanks
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lj_rr
07-30 10:13 AM
So the USCIS article asks you to select Nebraska or Texas based on where you live.
Another place I read that it is based on location of permanent employment.
For me my employer is based at NJ and I work for a client in CA.
They have sent my 485 to Texas. Does this look Ok.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Another place I read that it is based on location of permanent employment.
For me my employer is based at NJ and I work for a client in CA.
They have sent my 485 to Texas. Does this look Ok.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
gomirage
06-09 11:33 PM
Dear Viewers
I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request.
Any piece of advice would be of great help.
You do NOT need to have proof that he was paid. If you are working for him on H1B, he needs to pay you the compensation stated on labor certifications. No ifs or buts.
I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request.
Any piece of advice would be of great help.
You do NOT need to have proof that he was paid. If you are working for him on H1B, he needs to pay you the compensation stated on labor certifications. No ifs or buts.
vali
11-14 11:53 AM
I just received all the receipts for I-140/I-485/I765/I-131 from TSC.
As some stupid questions:
- I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
- If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
- Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
- any small clue will be greatly appreciated.
Thanks.
As some stupid questions:
- I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
- If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
- Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
- any small clue will be greatly appreciated.
Thanks.
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