unseenguy
07-05 02:14 AM
My I140 (and I485) were filed in May 2010 (EB2, NSC). My attorney just notified me they received an RFE regarding my eduction. Apparently USCIS needs more details on my MSc degree from Poland (integrated, 5 years) and explanation why is it equivalent US masters degree.
Has anyone had a similar hurdle when filing under EB2 with a degree like that? Should I be terribly worried about getting my I140 approved or do cases like that normally go through (provided that an RFE is correctly replied to)?
Hi you need a good lawyer and you need to be able to demonstrate that your degree from poland is equivalant of masters degree in US.
Has anyone had a similar hurdle when filing under EB2 with a degree like that? Should I be terribly worried about getting my I140 approved or do cases like that normally go through (provided that an RFE is correctly replied to)?
Hi you need a good lawyer and you need to be able to demonstrate that your degree from poland is equivalant of masters degree in US.
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vandanaverdia
11-14 08:02 PM
U & I together can make a difference...
IV needs "YOU"
Help IV help you...
IV needs "YOU"
Help IV help you...
sganny
03-01 12:46 AM
Hi,
I am on H1 visa and my wife is on H4. Our son was born here last summer with multiple complications, a few of them were life threatening as well. He is recovering well from multiple surgeries but still has issues that require constant medical attention. It is possible that I might be laid off soon and while I am searching hard to find a new job, it is possible that I might have to leave the country to avoid being out of status. With my son's current health condition, my preference is to stay here for some more years till he is completely out of the woods. I wanted to get expert advice from lawyers/members of IV as to what my options are? Will writing to my local senator and asking for a visa that will allow me to stay here even if I lose my job, an option? If so what visa would that be? I have another daughter who is on H4 as well. If we have to convert to b1/b2, is it straightforward and once on b1/b2, can I convert to H1 if I get another job? Are there provisions for parents to get green card based on a sick US citizen child?
Any help in this regard is highly appreciated.
I am on H1 visa and my wife is on H4. Our son was born here last summer with multiple complications, a few of them were life threatening as well. He is recovering well from multiple surgeries but still has issues that require constant medical attention. It is possible that I might be laid off soon and while I am searching hard to find a new job, it is possible that I might have to leave the country to avoid being out of status. With my son's current health condition, my preference is to stay here for some more years till he is completely out of the woods. I wanted to get expert advice from lawyers/members of IV as to what my options are? Will writing to my local senator and asking for a visa that will allow me to stay here even if I lose my job, an option? If so what visa would that be? I have another daughter who is on H4 as well. If we have to convert to b1/b2, is it straightforward and once on b1/b2, can I convert to H1 if I get another job? Are there provisions for parents to get green card based on a sick US citizen child?
Any help in this regard is highly appreciated.
2011 9fifty New Era Los Angeles
PHANI_TAVVALA
12-15 07:31 AM
You should be good if the University (UNVA?) is currently unaccredited and has a future chance of accreditation. USCIS might be more lenient for a SEVIS registered school and approved to operate in the state by the respective state education board. Consult an attorney for legal advise.
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Onesimus
02-26 02:20 AM
@NyteStarNyne & Kirupa : Thanks :)
sanan
08-02 01:42 PM
Sure can! See the tracker. There is at least one person who filed in Texas and has his/her EAD approval date before the Finger Printing date
I also had got my EAD way before my 1st FP - but that was in 2005
Did anyone get I485 based EAD before the first FP? Thank you!
I also had got my EAD way before my 1st FP - but that was in 2005
Did anyone get I485 based EAD before the first FP? Thank you!
more...
pd052009
01-07 09:43 AM
The bill can only be in news and considering current political situation, it won't be passed.
2010 Wholesale New Era hats for
Blog Feeds
06-09 02:10 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhQ_iKr6_V9F2J9GlHf0Sh_QKl6dCgWRB4OiJUzvURUBxkK1UbCz19Pb1gOnQHwgyuEPeNVDu15hCfILFHHnFeVfCrxiNiCjNad47pW-oSqAeYS019eh8MoUBq3AmR3dG3xbsZWXZHbXQPM/s200/Stethoscope.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhQ_iKr6_V9F2J9GlHf0Sh_QKl6dCgWRB4OiJUzvURUBxkK1UbCz19Pb1gOnQHwgyuEPeNVDu15hCfILFHHnFeVfCrxiNiCjNad47pW-oSqAeYS019eh8MoUBq3AmR3dG3xbsZWXZHbXQPM/s1600-h/Stethoscope.jpg)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
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cagedcactus
10-19 09:08 AM
Welcome to the Land of the freeeeeeee.
They call it Democracy....
They call it Democracy....
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Blog Feeds
08-14 01:40 PM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
more...
gcpower1
02-09 06:31 PM
Everyone know about the problem insted of sloving PROBLEM (slavery) they will chase the H1-Visa people to the work place like they are thieves.
Why they are not chaseing the illegal people ?
They issues GC to Illegal people before the legal (H1-LC-I140-485) 10 years wait.
Everyone knows they but no one wants to admit.
Why they are not chaseing the illegal people ?
They issues GC to Illegal people before the legal (H1-LC-I140-485) 10 years wait.
Everyone knows they but no one wants to admit.
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small2006
06-03 09:58 AM
I am posting this on behalf of a friend. They (husband/wife) got their green card approval last week, however they got 2 RFEs for their 2 kids. The RFE is about a vaccine called PNEUMOCOCCAL (PCV/PPV) that's not been administered for the kids. The RFE mentions the requirement for this vaccine but the doctor deemed it as NOT-AGE-APPROPRIATE in their filed medical forms.
Our guess is that when they actually administered the vaccine about a year or so ago, it was deemed "Not age appropriate" but now upon approval, the USCIS deems it necessary. I'd appreciate it if anybody with similar experience can post as to how they handled the situation or any insights into who to talk to is also much appreciated. The family is currently not in the country and therefore their options are limited in terms of talking to or meeting someone face to face. Also they need to respond to the RFE by June 24...
Thanks.
Our guess is that when they actually administered the vaccine about a year or so ago, it was deemed "Not age appropriate" but now upon approval, the USCIS deems it necessary. I'd appreciate it if anybody with similar experience can post as to how they handled the situation or any insights into who to talk to is also much appreciated. The family is currently not in the country and therefore their options are limited in terms of talking to or meeting someone face to face. Also they need to respond to the RFE by June 24...
Thanks.
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imhrb
01-06 07:25 PM
And yeah, it was called "Special Registration" and it was introduced towards the end of 2001 I think.
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chanduv23
04-03 09:14 PM
Hi all, not sure if this has been posted in any other thread, if so, Admin please delete.
I was surprised to get a letter in mail from USCIS today dated March 26th referring my letter sent to White House from IV letter campaign.
Basically it says the letter was forwarded to USCIS from White House and after they researched my case, it is still under name check and my PD is not current yet for a visa. They also included three inserts on fact sheet about name checks-why and how, new memorandum on name checks that has been discussed here and the March/08 visa bulletin showing that my priority date is not current.
Just basic stuff but I wonder if these are being sent to everyone that sent a letter to the President during the campaign. Anyone else received the letter?
Anything on 2 year EAD?
I was surprised to get a letter in mail from USCIS today dated March 26th referring my letter sent to White House from IV letter campaign.
Basically it says the letter was forwarded to USCIS from White House and after they researched my case, it is still under name check and my PD is not current yet for a visa. They also included three inserts on fact sheet about name checks-why and how, new memorandum on name checks that has been discussed here and the March/08 visa bulletin showing that my priority date is not current.
Just basic stuff but I wonder if these are being sent to everyone that sent a letter to the President during the campaign. Anyone else received the letter?
Anything on 2 year EAD?
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chna
07-01 09:56 AM
Thanks Nolaindian32 and prasadn for your advice. Will consider that option.
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YesGC_NoGC
08-04 09:00 PM
I don't see anything new implemented to give us more than that we already had.
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nrk
06-25 02:57 PM
Thanks Ravi,
how far we can believe in Ombudsman statement, Are we expecting a faster movement in EB categories ?
how far we can believe in Ombudsman statement, Are we expecting a faster movement in EB categories ?
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alterego
07-06 04:56 PM
Everyone knows they are behind in their receipting at this time. They have channeled all resources at this time to the 485 petitions.
So much so that they suspended PPS for 140s, they don't want new 485s, even EAD/AP applications are being unduely delayed. Beyond their service commitment times with no reasons.
I think they expect to get back to normal receipting by the dates given.
So much so that they suspended PPS for 140s, they don't want new 485s, even EAD/AP applications are being unduely delayed. Beyond their service commitment times with no reasons.
I think they expect to get back to normal receipting by the dates given.
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sam_i02
09-24 06:56 PM
Peeps -
My self-filed I-485 application (July 2nd) was sent without:
- Medical Exam results
- Employment Verification Letter
I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.
Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?
Thank you
Samir
My self-filed I-485 application (July 2nd) was sent without:
- Medical Exam results
- Employment Verification Letter
I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.
Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?
Thank you
Samir
shana04
02-23 04:23 PM
I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.
Good luck
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.
Good luck
Charleh
01-16 09:34 AM
Fixed it - found that I had set something to be slightly bigger than the parent control visible area and the animation wouldn't play. As long as the control doesn't overlap the parent area I'm OK!
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