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.
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Jaime
08-01 10:30 AM
KXAN reporter Matt Flener requested the following:
I�m looking to do a story on immigrants that get bad immigration lawyers. You know, the ones that say they�ll do it for really cheap, yet screw everything up. Do you know what I�m talking about?
Also, do you know of any other stories through your affiliation with immigration voice that I could work on? Any place where people trying to get into this country legally are not getting a fair chance.
Sincerely,
Matt Flener
Reporter
KXAN Austin News
Do we have any one here in Texas (Austin would be better as he can come by and talk to you) whose lawyer experiences are a nightmare? Let me know and I can put you in touch with Matt Flener.
"A fair chance" - what a key phrase! A fair chance would be awesome, that is all we are asking for, yet we aren't getting it! I'm glad the media has some interest in this!
I�m looking to do a story on immigrants that get bad immigration lawyers. You know, the ones that say they�ll do it for really cheap, yet screw everything up. Do you know what I�m talking about?
Also, do you know of any other stories through your affiliation with immigration voice that I could work on? Any place where people trying to get into this country legally are not getting a fair chance.
Sincerely,
Matt Flener
Reporter
KXAN Austin News
Do we have any one here in Texas (Austin would be better as he can come by and talk to you) whose lawyer experiences are a nightmare? Let me know and I can put you in touch with Matt Flener.
"A fair chance" - what a key phrase! A fair chance would be awesome, that is all we are asking for, yet we aren't getting it! I'm glad the media has some interest in this!
saketkapur
05-07 12:43 PM
Its not mandatory.....you can file it anytime........its totally up to you and your immigration lawyer depending on your situation.
You will still need to meet the requirements of wage and same or similar job criteria whenever(if) you decide to file it or get an RFE.
You will still need to meet the requirements of wage and same or similar job criteria whenever(if) you decide to file it or get an RFE.
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gcwait2007
12-22 09:14 AM
Once again Thanks, Bestin.
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
more...
PD_Dec2002
08-27 05:00 PM
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).
Thanks,
Jayant
No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).
Thanks,
Jayant
The7zen
03-24 05:54 PM
H1 transfer will bring you back on status...
do you mean to say goto any employer whoever gets job?
i doubt you have any other better options.....
do you mean to say goto any employer whoever gets job?
i doubt you have any other better options.....
more...
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blacktongue
01-20 02:56 PM
How many Information Technology people?
How many from China?
How many from China?
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willwin
08-11 10:36 AM
Here you go!
more...
seetheavatar
09-03 01:29 PM
Thanks, yes our last names were different.
I told the postman.
Its been more than 2 weeks and I didnt get any response from USCIS after updating the address.It still shows initial review.
Does anyone know how long it would take for the USCIS to resend the card?
Hi,
I think you should write your spouse name on the mailbox alongwith yours especially if she still maintained her maiden name which would be different from your last name.
Also do talk to your postmaster and update the situation.
Hope this helps.
Cheers,
Rayoflight
I told the postman.
Its been more than 2 weeks and I didnt get any response from USCIS after updating the address.It still shows initial review.
Does anyone know how long it would take for the USCIS to resend the card?
Hi,
I think you should write your spouse name on the mailbox alongwith yours especially if she still maintained her maiden name which would be different from your last name.
Also do talk to your postmaster and update the situation.
Hope this helps.
Cheers,
Rayoflight
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Wish_Good
06-30 04:07 PM
My Sincere Thanks to Mr. Ari for responding to my post.
Here Iam posting additional details about my case:
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007 and got RFE regarding my Educational Transcripts Which was responded in time and USCIS received on Dec 5, 2007. Then Got EAD and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied - due to 3yr degree) then I-485 denied on June 26th 2008. So, First applied MTR for I-140 which was denied on Feb, 2009. Then applied one more MTR (Appeal) for I-140 on March 13th, 2009 (check cashed by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status updated saying -Transferred and now pending @ Texas service center (got a notice) and now today I saw above mentioned status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (Transferred my H1B) to Company B. And now Iam with Company B.
Thanks a lot in Advance.
Here Iam posting additional details about my case:
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007 and got RFE regarding my Educational Transcripts Which was responded in time and USCIS received on Dec 5, 2007. Then Got EAD and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied - due to 3yr degree) then I-485 denied on June 26th 2008. So, First applied MTR for I-140 which was denied on Feb, 2009. Then applied one more MTR (Appeal) for I-140 on March 13th, 2009 (check cashed by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status updated saying -Transferred and now pending @ Texas service center (got a notice) and now today I saw above mentioned status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (Transferred my H1B) to Company B. And now Iam with Company B.
Thanks a lot in Advance.
more...
capriol
05-15 04:15 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.
Dear Shidsar:
this is more of a question for you: Are you then one of the lucky ones from EB2-I to have got your GC when PD's became current for a brief while last year? Lucky you.
Dear Shidsar:
this is more of a question for you: Are you then one of the lucky ones from EB2-I to have got your GC when PD's became current for a brief while last year? Lucky you.
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gcformeornot
05-28 07:31 AM
from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.
I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)
I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)
more...
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saurin
02-08 04:32 PM
I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
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radhay
01-08 11:44 AM
Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
more...
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sri1309
04-10 06:28 AM
HI,
I know a case where i-140 was deniied similarly. If you dont really trust the attorney, as it looks to be the case, CHANGE the attorney 1st. Go to a big firm like Murthy.They handle cases like this & in my fren's case, it was successfully cleared using MTR in less than a month.
Make sure you have all the documentation needed for ATP and they ask for 1 out of 3, but if you can get more than that, its good.
Sri.
I know a case where i-140 was deniied similarly. If you dont really trust the attorney, as it looks to be the case, CHANGE the attorney 1st. Go to a big firm like Murthy.They handle cases like this & in my fren's case, it was successfully cleared using MTR in less than a month.
Make sure you have all the documentation needed for ATP and they ask for 1 out of 3, but if you can get more than that, its good.
Sri.
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anilsal
01-06 08:24 PM
a while back I had read on the forums (do not know whether it was IV or elsewhere) where a guy got a visit from USCIS because he availed unemployment benefits for sometime.
I have also read about people getting benefits on AOS without any trouble.
Again, it is better to be safe.
Consult your lawyer.
I have also read about people getting benefits on AOS without any trouble.
Again, it is better to be safe.
Consult your lawyer.
more...
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gcpadmavyuh
07-27 12:28 AM
What was the date of I485 approval? And when did the wife's 485 reach USCIS?
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
My friend has a unique situation. Please help out with your advise.
He had earlier applied for 485 in 2005(before October retrogression) and didnt get a chance to add his wife until the July bulletin(as he got married only after filing 485 and his PD was not current until the July 17th). His wife's application is now filed with the NSC center on 7/19th(didnt recieve the receipt notice yet) as a add-on and as a dependent for his original 485 application(he submitted I-134 affidavit of support along with his wife's application).
Today he got an email update from USCIS confirming that his 485 is approved. Since he doesnt know his wife's 485 status yet, he is not even sure if his wife's application is receipted or acknowledged as a dependent to his application. From Fedex, he can confirm that it reached the Nebraska CIS office on July 19th.
Considering his wife's application did go to the NSC center(7/19) before his 485 is approved(9/26), does this mean his wife is in-status or out-of-status(wife is on H-4 dependent visa). Their were not prepared for this news so soon and hence would appreciate any alternatives they can pursue.
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ita
11-12 09:40 AM
Go online and file AR11 right away, by giving out your pending case numbers you can update the address. After an hour or so, call USCIS customer service and verify whether the address has updated or not; also ask them to resend the card to your new address. You will receive a address change confirmation letter at your new address.
I went online to change address.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
I went online to change address.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
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eb3_nepa
02-12 10:46 AM
Hi,
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
InTheMoment
06-27 01:09 PM
Giddu,
If the premium processing unit sent an e-mail that the petition was approved it does indeed mean it was approved.
Ignore the online status and expect the approval notice in the mail. No need need to panic.
This is from my own experience.
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
If the premium processing unit sent an e-mail that the petition was approved it does indeed mean it was approved.
Ignore the online status and expect the approval notice in the mail. No need need to panic.
This is from my own experience.
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
geniousatwork
05-27 11:58 PM
Does anyone know any other place to find the PD in case you have the Case Number?
The link mentioned below shows the PD for 2006 FY Data only :(
For 2007/2008 FY, I could not get the PDs from the below mentioned site.
If you have all the PERM case numbers with you then you should be able to find your PD in this link
http://www.flcdatacenter.com/CasePerm.aspx and
The link mentioned below shows the PD for 2006 FY Data only :(
For 2007/2008 FY, I could not get the PDs from the below mentioned site.
If you have all the PERM case numbers with you then you should be able to find your PD in this link
http://www.flcdatacenter.com/CasePerm.aspx and
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