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yawl
07-17 12:34 AM
This is a very good one. It mentioned per-country-limit and wasted visa numbers.
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.
singhv_1980
01-31 11:23 PM
I called USCIS this afternoon and found that you can have information sent to a US consulate about your application.
When you call, select the option asks "are you calling about approved petition?", and then select the option that asks if you need to send the information about your petition to a US consulate. Since I was calling about some other app., I didn't go there. Perhaps you can give it a try.
At what number did you call? Was it Kentucky Consular Center? Do you mean that we can have our information sent to PIMS system or consulate in India? In other words, does that say anything particularly about PIMS?
When you call, select the option asks "are you calling about approved petition?", and then select the option that asks if you need to send the information about your petition to a US consulate. Since I was calling about some other app., I didn't go there. Perhaps you can give it a try.
At what number did you call? Was it Kentucky Consular Center? Do you mean that we can have our information sent to PIMS system or consulate in India? In other words, does that say anything particularly about PIMS?
EkAurAaya
07-10 09:57 PM
may be they just throw files around... too many on my desk, move 'em to TSC :D
more...
kirupa
07-21 03:12 AM
Well, I'm pretty biased since I work on the Expression Blend team :beam:
Silverlight is a great alternative for the numerous developers who already have knowledge in C# and want a way to port their desktop applications to run on the web. Silverlight 2 is basically a lite version of WPF which is quite a powerful framework for creating desktop apps.
The combination of Visual Studio for coding and something like Expression Blend for the design makes creating Silverlight applications extremely simple - especially for the numerous individuals out there who don't have any knowledge in ActionScript but do have a more formal background in Java, C++, VB, etc. You can even import and use assets created in 3rd party apps such as Fireworks (which is what I do), Photoshop, etc. as well.
Temp - you do know that Java is probably one of the most widely used platforms a whole host of applications right? :P
Silverlight is a great alternative for the numerous developers who already have knowledge in C# and want a way to port their desktop applications to run on the web. Silverlight 2 is basically a lite version of WPF which is quite a powerful framework for creating desktop apps.
The combination of Visual Studio for coding and something like Expression Blend for the design makes creating Silverlight applications extremely simple - especially for the numerous individuals out there who don't have any knowledge in ActionScript but do have a more formal background in Java, C++, VB, etc. You can even import and use assets created in 3rd party apps such as Fireworks (which is what I do), Photoshop, etc. as well.
Temp - you do know that Java is probably one of the most widely used platforms a whole host of applications right? :P
gcdreamer05
08-27 01:58 PM
As mentioned in your other post. This should have no bearing on your status.
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
more...
intheyan
08-13 09:03 PM
Back log elimination..
I took Infopass to enquire about my name check. I even showed the print out paper that says about the 180 day rule after initiating the name check process.
My name check is initiated in OCT 2007 still pending stuck in name check. My pd is current my processing days rule is applicable. My RD is July 2 nd 2007 at Texas.
The office was repeatedly saying that FBI has given them FEB 2009 as time limit on clearing the Name check. The officer doesn't care about the Aytes 180 day rule.
The officer told they are sticking with the FBI Time Frame and not with the 180 day rule b'cause they need to follow the FIFO for the already pending cases on Name check for years ... say for 3 yrs.
I took Infopass to enquire about my name check. I even showed the print out paper that says about the 180 day rule after initiating the name check process.
My name check is initiated in OCT 2007 still pending stuck in name check. My pd is current my processing days rule is applicable. My RD is July 2 nd 2007 at Texas.
The office was repeatedly saying that FBI has given them FEB 2009 as time limit on clearing the Name check. The officer doesn't care about the Aytes 180 day rule.
The officer told they are sticking with the FBI Time Frame and not with the 180 day rule b'cause they need to follow the FIFO for the already pending cases on Name check for years ... say for 3 yrs.
indyanguy
08-24 01:45 PM
Unconfirmed reports say that PP for EB3 will be introduced before PP for EB2. True?
more...
Almond
07-17 07:53 PM
ALMOND if i keep on asking you what is your name every single day , will you have patience to tell your name every single day !!! i understand your argument but as the so called "Highly Skilled" we need to be doing some research in background and not treat this forum as a paid service.
Yes, yes, every single day, absolutely!! I promise. You know why? because if YOU ask me what my name is every day then you obviously have a bit of a mental problem (either slow in the brain or just forgetful as many of us are) so why shouldn't I help you , it's not your fault for being that way, I'm not better than you, why shouldn't I help you? Now, if different people come and ask me for my name then I will know they were not around when you asked me for it so they didn't hear it. You have a ton of new people who just found this place or are just registering. Not everyone on here is desi and not all desis are computer people and not everyone thinks forum/search forum/search google/then post like you and not everyone has your awesome computer skills. yes, knowing your way around the internetz is almost universal in this day and age but not many can do a successful search (trust me, you'd be surprised) You have to be patient. Would your ghandi be this way? We're your people. Different nationality, same situation. Be patient. It's good karma and you need it, considering you're here.
Yes, yes, every single day, absolutely!! I promise. You know why? because if YOU ask me what my name is every day then you obviously have a bit of a mental problem (either slow in the brain or just forgetful as many of us are) so why shouldn't I help you , it's not your fault for being that way, I'm not better than you, why shouldn't I help you? Now, if different people come and ask me for my name then I will know they were not around when you asked me for it so they didn't hear it. You have a ton of new people who just found this place or are just registering. Not everyone on here is desi and not all desis are computer people and not everyone thinks forum/search forum/search google/then post like you and not everyone has your awesome computer skills. yes, knowing your way around the internetz is almost universal in this day and age but not many can do a successful search (trust me, you'd be surprised) You have to be patient. Would your ghandi be this way? We're your people. Different nationality, same situation. Be patient. It's good karma and you need it, considering you're here.
coolpal
02-06 10:20 AM
We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
more...
kumarr
06-12 09:28 PM
We applied on July 2nd during July 2007 VB fiasco.
I just received the following email from CRIS regarding my son's AOS I-485 application:
-------------------------------------------------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Request for Additional Evidence Sent
On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
--------------------------------------------------------------------------------------------------------
I am not sure what it is, still waiting for the mail to arrive in next few days.
I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?
Please advise.
Thank you for your help.
I just received the following email from CRIS regarding my son's AOS I-485 application:
-------------------------------------------------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Request for Additional Evidence Sent
On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.
--------------------------------------------------------------------------------------------------------
I am not sure what it is, still waiting for the mail to arrive in next few days.
I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?
Please advise.
Thank you for your help.
leo_loco
10-22 10:30 AM
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
I have a confusion. My H1 stamp on passport is expired but I have valid H1 document untill December 2008. Can I go for stamping with valid H1 document?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
I have a confusion. My H1 stamp on passport is expired but I have valid H1 document untill December 2008. Can I go for stamping with valid H1 document?
more...
njboy
10-30 04:02 PM
yeah the meeting was really good..I got to meet many people but had to leave a bit early. For a first meeting (for me) I got an overview of IV etc and put faces to the handles I see in here. For future meetings I think we should
1) establish action items
2) find volunteers to carry out specific action items
3) set drop-dead dates for each item
4) find a conduit for communicating back the results /feedback from the implemented tasks (yahoo groups works fine)
5) list out our progress/obstacles/lessons learnt
1) establish action items
2) find volunteers to carry out specific action items
3) set drop-dead dates for each item
4) find a conduit for communicating back the results /feedback from the implemented tasks (yahoo groups works fine)
5) list out our progress/obstacles/lessons learnt
EB3_SEP04
06-30 01:04 AM
Quetion 11 on the EAD form 765 asks:
Have you ever before applied for EAD from USCIS: Yes
"Which USCIS Office?" : ??????????????
how can i find out which USCIS office my prev (first) EAD application was sent to? I'm a July filer, when i applied for 485 and EAD i lived in NJ and my employer was in NJ as well. The receipt notice of EAD application came from California Service Center. and there is nothing on the EAD card about which office it was approved by. The 485/EAD/AP all was filed by my employer's attorney, they will not respond to my questions anymore. i don't think i have copy of the EAD application send last year july. Anybody got older version of I-765, older than "7/30/07" edition?
What to write? folks, please respond ASAP, i plan to file on Monday(6/30) morning.
Thanks in advance!
Have you ever before applied for EAD from USCIS: Yes
"Which USCIS Office?" : ??????????????
how can i find out which USCIS office my prev (first) EAD application was sent to? I'm a July filer, when i applied for 485 and EAD i lived in NJ and my employer was in NJ as well. The receipt notice of EAD application came from California Service Center. and there is nothing on the EAD card about which office it was approved by. The 485/EAD/AP all was filed by my employer's attorney, they will not respond to my questions anymore. i don't think i have copy of the EAD application send last year july. Anybody got older version of I-765, older than "7/30/07" edition?
What to write? folks, please respond ASAP, i plan to file on Monday(6/30) morning.
Thanks in advance!
more...
amitjoey
07-18 01:02 PM
Please post on the media thread as well, to get attention.
map_boiler
08-11 10:42 AM
my case details in the signature...
more...
rajuram
04-23 09:16 PM
Extensions are not allowed. But.... you can always enter Canada before the final date and then come back to the USA to finish your tasks. I have heard that you have to apply for the Canadian equivalent of the GC once you get there, which gets mailed out few days later, so if you have some one there it would be helpful. Also must have a visa to return back to the US.
kondur_007
09-22 02:57 PM
hi All,
I didn't find any topic on this so asking a question in a new thread.
I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?
Please help me, I have to take decision ASAP.
Thank you in advance.
1. Salary cut should not cause any problem for you or your employer. It would be ideal if your employer also provides some reason (like slow economy!) for it on a letter.
2. And of course you can leave the employer on that grounds. This will not affect your GC in any way.
So relax....what all matters is "a good faith intention" at the time GC was approved. It is not your fault that the company is in financial trouble. You can switch employers or work with same employer at lower salary; all of it fair.
Good Luck.
I didn't find any topic on this so asking a question in a new thread.
I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?
Please help me, I have to take decision ASAP.
Thank you in advance.
1. Salary cut should not cause any problem for you or your employer. It would be ideal if your employer also provides some reason (like slow economy!) for it on a letter.
2. And of course you can leave the employer on that grounds. This will not affect your GC in any way.
So relax....what all matters is "a good faith intention" at the time GC was approved. It is not your fault that the company is in financial trouble. You can switch employers or work with same employer at lower salary; all of it fair.
Good Luck.
paskal
08-22 07:03 PM
I am also from MN. Living in Minnetonka. Willing to know anyone going for Rally.
many are going! we are planning a bus....
please join the chapter- click on the link below and provide all the info requested- we will be delighted to include you in our plans!
Dean- i need contact info for you as well- please.
many are going! we are planning a bus....
please join the chapter- click on the link below and provide all the info requested- we will be delighted to include you in our plans!
Dean- i need contact info for you as well- please.
x1050us
05-15 08:06 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
Did you submit the 485s together or separately.
Did you submit the 485s together or separately.
linuxra
07-14 08:05 AM
What do u mean by Company A taking my GC i did nt get u u mean AC 21 or filing a new labor etc...
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