Wednesday, September 28, 2011

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05-27 05:19 PM
In order to do this, she will have to leave the country and apply for a H-1b consular processing. Get a new visa and come back into the county on H-1. She cannot file for a change of status to H-1 from AOS.

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06-06 12:30 AM
It appears like USCIS is finally reviewing the option of issuing Multi-Year EAD's..

Please see Memo release from USCIS

Source :
Question: During a recent meeting, USCIS stated that it hoped this summer to introduce multi-year EADs for I-485 applicants whose cases were backlogged. Please provide more information about the types of applicants that would be eligible for such EADs?

Response: A proposal is currently under review by USCIS program offices to issue a multi-year employment authorization document to those applicants affected by visa retrogression. If this proposal is adopted, it will apply to adjustment of status applicants.

Question: Please explain what USCIS means in this context by the term ?backlogged? ? does it refer only to cases pending more than a certain number of months where applicants are filing for renewal EADs?
Response: USCIS is considering issuing multi-year EADs to those applicants affected by visa retrogression. Further information will be provided once a final decision is made.

Question: Will I-485 applicants receive an initial EAD that is valid for more than one year? Does this apply to all I-485 applicants (family-based and employment-based)?

Response: Further information will be provided once a final decision is made

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07-10 05:52 PM
I have got this response from Congressional Liaison, when I asked them for Update on my case whether I have to wiat till Oct or not based on the recent update on visa bulletin.
They Sent me This Email:

Your I-485 received on 5/21/07 and the Southern Service Center(TSC) is working these types of applications filed 9/11/06. They received your biometrics from the ASC 6/13/07 and the case has been assigned to an Adjudicating Officer for review. But, by the processing times, you still has a little time to wait.

Couple of question: They received your biometrics from the ASC 6/13/07 : Is this mean my FBI and Name Check cleared : I did my FP on same day?
the case has been assigned to an Adjudicating Officer for review: Is this mean I am in the last stage of getting final decision?
Anyone ?


How does one go about getting in touch with a congressional Liaison?


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08-02 06:57 PM
Any idea what is the content? It is restricted article available only to members


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02-25 09:45 AM

My current EAD was issued in 2007 when I filed I-485 + I-140 concurrently. It has since expired. I did not apply for a renewal because I am still on my H1B.

I am applying for a renewal now and had a question regarding filling out form I-765

Q15. Current Immigration Status ( Vistor, Student, etc )
I am still on my H1B. So I think I should write H1B and not AOS. But I am not sure.

I filled (C)(9) for Q16 Eligibility Criteria, and since I live in Ohio I am sending it to USCIS Phoenix Lockbox Facility. My receipt notice is Aug 2007 and to be sure I am including the $380 fee.

Appreciate your help!


If you are on H1B, then you must write H1B as your current status.

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02-11 09:12 AM
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05-19 10:59 AM
Should the job title for PERM labor filing be in Job Zone 5 to qualify under EB2 category? Or could one apply in Job Zone 4 and still qualify for a EB2? Also, does having an MBA, exempt a person from EB quota under any of the proposed bills like STEM, SKIL, PACE, TALENT or should it have to be an MS in Engineering.
A quick response would be greatly appreciated.

Not sure about the first question. SKIL bill will exempt any advanced degree from US or Advanced degree in STEM from outside + 3 Years. PACE, TALENT and the current CIR only exempt STEM Advanced degree + 3 Yrs

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07-11 11:38 AM
I think those bills will only be related to toughening border security n patrol..


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09-08 11:48 AM
Looks like a question for an attorney to handle. Did you do it yourself?

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03-08 02:13 PM
This is my opinion only (not IV's).

My feeling is that the Iraq Accountability Act and other similar bills that will be flooding the Congress with the Democrats in majority should have a minimal impact if any on the CIR. First, the CIR whenever it is introduced will be referred to the Judiciary committees of the Senate and House for markup. After the Judiciary committee is done, then the modified version will come before the entire Senate and House for additional discussion, debate, amendments, etc. before going to a vote. Assuming the bills are passed by the Senate and House, they will have a conference to sort out the differences in the House and Senate bills and then this final version of the bill will be placed before the House and Senate for a final vote. Once, this vote takes place and the bill is passed, then it goes to the President for signature.

In a nutshell, the CIR will alongwith other bills be processed in a parallel manner. A lot is in the hands of the Senate Majority Leader (sen. Reid) and House Speaker (Rep. Pelosi) in when and how long they want to schedule a debate on any bill that has passed through committee and is ready for floor action.


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10-25 01:17 AM
Just to share with IV peers.

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03-29 04:44 PM
Search for the memo 245i

If you have worked illegally for < 6months you may be covered by this..if its > 6 months.. go out of the country and come back in with a new i94..

Contact a good lawyer while filing 485


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09-15 10:54 AM
" There is only one thing that is certain in life - death. Everything else has certain uncertainty to it and cannot be fully trusted, that's why you should question everything."

Come to DC and ask the questions to the lawmakers. Seek justice and feel the sense of accomplishment at DC.

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07-16 09:01 PM
My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?

My main concern is on her status, any input will be greatly appreciated.

Thank you.


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03-24 02:56 AM
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04-28 08:00 AM
Check with your attorney first about your paper and make sure that it is still not sitting on his table in the pile of papers.


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05-16 07:04 PM
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11-01 09:10 AM
According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B ( extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.

Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (, a process that can often take several months.

The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.

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06-20 02:15 PM
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01-27 09:26 PM
Hello all,
I am a student on an I20/M1 vis
I have just recieved a new I20, and sent a form I 539 for extension of my I20.
I have my old I94, I20 etc.
It is currently under processing.
First, is there any way they can move it to another processing center? Its in the vermont center right now, and they are still processing documents from May 2008 according to CIS website.
Second, my original I94 is valid till 14 April 2009 but my original I20 is expired.
My visa is 5 years(M1 valid to 2013)
Can I go and visit my home country with the old I94(since its valid long enough) and new I20(which just got issued)??
or do I need to wait until the processing comes through?
thanks in advance.

01-07 10:48 AM
My wife is from Bangalore, however since Chennai did not have available dates till Jan 20th she has scheduled her H4 appointment at New Delhi for Jan 9th. Please share experiences.


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