aadimanav
12-20 06:33 PM
I found out from discussion about the USCIS Expedite service:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
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rbalaji5
03-02 08:02 PM
Thanks all for the very useful informations. Yes - I called the DI office today. As per their instruction, booked the infopass appointment for SFO. I will update the result soon.
As Informed I went SFO Local CBP/USCIS office through infopass appointment. The IO said that they did it as per the law. Also they suggested me to go U.S- Mexico border to get the new I-94 by paying $6.
As per their advise, I went to San Ysidro, (Tijuana) US - Mexico border. Crossed the border by walk, came back to U.S and got the new I-94 by explaining the situation. IO at POE understood the problem and gave the new I-94 without any issue.
As Informed I went SFO Local CBP/USCIS office through infopass appointment. The IO said that they did it as per the law. Also they suggested me to go U.S- Mexico border to get the new I-94 by paying $6.
As per their advise, I went to San Ysidro, (Tijuana) US - Mexico border. Crossed the border by walk, came back to U.S and got the new I-94 by explaining the situation. IO at POE understood the problem and gave the new I-94 without any issue.
Dhundhun
11-21 09:19 PM
You give all of them (stapled together preferably). Make copies of all of them and keep for future.
Maverick1, Thanks for correction.
Maverick1, Thanks for correction.
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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...
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...
more...
gandalf_gray
06-02 10:13 AM
Kaiser.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
laksmi
01-08 12:37 PM
I think H1B quota should be decreased because lots of people available with no jobs in the market, it looks like survival of fittest, even person with good skill set not getting job immediately due to new new consulting company coming into market doing irregular things like less rates etc etc�����. to survive themselves.
more...
amitjoey
07-17 05:54 PM
The only big way to show appreciation and thanks is to make sure, that each one of us continues to participate in each and every action item.
Also, Contribute generously so IV can go out and fight bigger battles without worrying about funds.
Also, Contribute generously so IV can go out and fight bigger battles without worrying about funds.
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GCHope2011
06-28 06:52 PM
If your EAD employer is also your H1-B sponsor, then you can get H1B stamped and re-enter using H1B and subsequently continue to work for the same employer.
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
more...
va_il
12-18 03:25 PM
With a EB3 PD of July 2002 from IN what can i expect after this May 1st hurdle being crossed.
Any insight would be appreciated.
Any insight would be appreciated.
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hebbar77
09-10 03:07 PM
extended review = "we got your money , now dont bother us"
also means nothing is happening to your case!
also means nothing is happening to your case!
more...
yabadaba
06-26 08:24 PM
^^^^
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jani07
04-01 06:49 PM
with persons like this is to ignore them. He not ashamed of his abuse of system. I don't think we owe him answers.
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gchopes
11-05 07:37 PM
What happens if primary 485 gets approved and spouse 485 not filed due to PD not being current or the primary missed the short time given to file spouse 485?
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cooldude0807
06-01 05:10 PM
I recd an RFE too even though i filed AC21 in feb. My lawyer sent the required docs & from May26th there has been a soft LUD everyday...the status says "Response to request for evidence received, and case processing has resumed". Also there is no RFE on my wife's case.
more...
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Domino
09-12 02:58 PM
Hello,
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.
I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.
Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?
And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?
Thank you for your answers!
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.
I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.
Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?
And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?
Thank you for your answers!
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FredG
May 1st, 2005, 01:58 PM
I'd say you captured the action just fine. All that bird tracking was probably good practice for this.
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08-06 12:35 PM
*
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chanduv23
05-28 03:51 PM
Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.
RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.
RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.
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chanduv23
09-25 10:29 AM
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
Excellent - explains everything
Enjoy
Excellent - explains everything
krishmunn
03-04 12:24 PM
I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
manderson
07-17 10:43 AM
if u want to change emplpyer you can transfer H1 via premium process to another employer in 2 weeks. you only need paystubs to prove that you were employed for the last 4 yrs.
as per GC even if you can get your new employer to file it but can't get paperwork from old employer, u'r desparate and wanna file now: u can try substituting ther labor, 140 and experience letter with following (but please know that it might be rejected by USCIS):
- copies of previous labor and 140 can by usually obtained by filing a Freeedom Of Information Act (FOIA) request through your own (trusted) lawyer. but it will take a couple of months -- in the meantime u could try filing through own lawyer with printouts of approved cases statuses (from USCIS website) along with 797 notices (receipt notice with LIN/ WAC number). hope that USCIS will send an RFE for actual paperwork
- substitute experince letter with 2 affidavits of experience from 2 co-workers and paystubs
Disclaimer: Please know that I am not a lawyer so I might be wrong. Please ask an immigration lawyer for advice.
as per GC even if you can get your new employer to file it but can't get paperwork from old employer, u'r desparate and wanna file now: u can try substituting ther labor, 140 and experience letter with following (but please know that it might be rejected by USCIS):
- copies of previous labor and 140 can by usually obtained by filing a Freeedom Of Information Act (FOIA) request through your own (trusted) lawyer. but it will take a couple of months -- in the meantime u could try filing through own lawyer with printouts of approved cases statuses (from USCIS website) along with 797 notices (receipt notice with LIN/ WAC number). hope that USCIS will send an RFE for actual paperwork
- substitute experince letter with 2 affidavits of experience from 2 co-workers and paystubs
Disclaimer: Please know that I am not a lawyer so I might be wrong. Please ask an immigration lawyer for advice.