xiaomatu
06-06 11:15 AM
My attorney and my employer has different address. My attorney received the approval notice on 5/14/ when it was approved on 5/8. Then since 5/22, USCIS's online status showed some "New document" have been sent to the "address they have on file" on 5/22. It could be they sent another approval notice to my employer or could be they sent something else. So far neither my attorney nor my employer received anything from USCIS yet since 5/22.
nrk
06-04 08:32 AM
Hi Guys,
This is my second job on EAD and never filed AC21. Do we need file one (Is it mandatory or optional)
This is my second job on EAD and never filed AC21. Do we need file one (Is it mandatory or optional)
rajuram
04-05 06:42 PM
Yes it is correct link, many of us are headed this way....
This is not a correct official link.
This is not a correct official link.
das0
12-17 05:38 PM
Thanks you.
Is AC21 Memo required under Law?
Is AC21 Memo required under Law?
more...
at0474
12-14 02:03 PM
Sorry to say this is gone case. Try exploring the option of filing another I-140with the other approved labor you have. Also, make sure that labor has provisions to make your new I-140 approvable. Otherwise, you will be hitting against the wall twice!!
WaitingUnlimited
09-21 02:31 AM
I am not an attorney but I was in almost similar situation.
1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.
2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved
3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.
1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.
2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved
3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.
more...
ksvreg
07-17 06:09 PM
Time to send "Thank you" flowers. What to do you think guys?
lazycis
02-12 03:42 PM
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
more...
fromnaija
07-11 12:36 PM
Background: Rep. Ed Royce was on C-Span on Saturday July 8, 2006 to promote HR 4437. Here is the question I asked and his verbatim response.
Question: My question is on legal immigrants like myself who have been waiting in line for over ten years to get a green card. I see nothing in the House passed bill HR 4437 to support our case. What are you doing to move us unto a fast track and resolve the broken legal immigration process?
Answer: Illegal immigration is very unfair to people who wait in the queue in order to come to the United States. And frankly, all of these illegal immigrations is putting enormous strain on USCIS and other gevernment agencies. If we can secure the border through the legislation that I talked about then I think we'll take a lot of the strain off USCIS. And frankly, it will make the system fairer for those who have waited in line or are waiting in line to come to the united States the right way which is to come the legal way.
Comment: Unfortunately there was no room for a rebuttal. I would have pointed out to him that it is illogical to think that illegal immigration puts any strain on USCIS since USCIS only process legal immigration. Go figure!
Question: My question is on legal immigrants like myself who have been waiting in line for over ten years to get a green card. I see nothing in the House passed bill HR 4437 to support our case. What are you doing to move us unto a fast track and resolve the broken legal immigration process?
Answer: Illegal immigration is very unfair to people who wait in the queue in order to come to the United States. And frankly, all of these illegal immigrations is putting enormous strain on USCIS and other gevernment agencies. If we can secure the border through the legislation that I talked about then I think we'll take a lot of the strain off USCIS. And frankly, it will make the system fairer for those who have waited in line or are waiting in line to come to the united States the right way which is to come the legal way.
Comment: Unfortunately there was no room for a rebuttal. I would have pointed out to him that it is illogical to think that illegal immigration puts any strain on USCIS since USCIS only process legal immigration. Go figure!
Roger Binny
10-25 11:52 PM
No-english ticket (http://www.kvue.com/news/state/stories/102309kvue_no_english_folo-cb.2464cdf97.html)
more...
ar
02-04 05:35 PM
What would you need done
I'll help out
I'll help out
chakdepatte
05-18 10:08 PM
what are we waiting for. for Chinese bhai to win the case and take EB3-I unused visas ? lets join and file another India EB3-I lawsuit. best way to be heard. ........squirrel.......
more...
wanaparthy
03-25 01:47 PM
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learner
09-20 09:53 PM
Situation: approved I-140 (EB-2), getting close to 5th year of H1B.
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
more...
Goodintentions
01-29 09:16 PM
Dear All,
First of all, the idea of this note is to present some facts and thoughts, not to take sides. I am stuck in the GC line for a very long time and I have nothing to gain.
1. The present GC line is clogged due to the fact that between 2001 - 2003 (or 2004, I do not remember) the H1B quota was increased from 65000 to 130000 and even to 215000 at one point. Most of the skilled folks came from India but there was no proportional increase in GC quota for India
2. In other words, the US government prefers people to come and work at reduced wages and go back to their native countries. Every year wave after wave of new comers can keep coming, to keep costs low and profitability high, but they will not be encouraged to settle here. Like it or not, Capitalism is all about making money, everything else is secondary!
3. Many Indian companies stopped processing H1Bs after they realized that despite draconian bonds and vieled threats, the Indian techies on H1Bs switched jobs and started filing for GCs
4. Currently there is no limit on L1 visas. I am not sure how many actually come with L1 visas, but wherever I have been I have noticed that 80% of the project colleagues hold L1 visas. This implies that this no. could probably run to several thousands. Technically, H1B has been the eyesore to many people who comment about foreign workers though people coming on L1 far outweigh employees on H1. Is this because H1s have the option to file for GC (except ofcourse L1A)?
5. Under the circumstances, it is not clear how increasing H1Bs will help when there is a continuous inflow of L1 skilled workers over and above the 65000 H1 quota. Further, most of the H1 employees file for their GCs and join the eternal line and the never ending wait. So, in reality (like me) they get stuck with their employers and due to various family commitments, such as grown up children going to high school / college, are forced to pull on and sacrifice their entire active work life, under the threat of job insecurity!
6. The right and scientific approach would be to take a clear statistical account of all the skilled manpower available (US Citizens, GCs, EAD holders, EB2 / EB3 friends in the endless GC line) and try to map this data with the available jobs and the projected market situation over the next 5 years. Based on the scientific, quantitative analysis the government should decide on bringing in additional workforce. That would be logical and mathematical. There is no point flooding the market and creating social tension.
7. Instead of further complicating the quagmire of GC, the government should consider granting permanent residency to legal immigrants who have put in 10 continuous years of stay, without any criminal record
8. It is only in the USA that the system of giving GCs is NOT time bound. In every other western nation, every milestone has a definite pre-defined time period. I do not mind if the US says, "Stay for 20 years to get a GC!" Well , then it becomes a personal choice for one to take it or leave it. Sadly, we do not have this option!
Let us hope that something will work out before the end of the current term (2012)
Best wishes!
First of all, the idea of this note is to present some facts and thoughts, not to take sides. I am stuck in the GC line for a very long time and I have nothing to gain.
1. The present GC line is clogged due to the fact that between 2001 - 2003 (or 2004, I do not remember) the H1B quota was increased from 65000 to 130000 and even to 215000 at one point. Most of the skilled folks came from India but there was no proportional increase in GC quota for India
2. In other words, the US government prefers people to come and work at reduced wages and go back to their native countries. Every year wave after wave of new comers can keep coming, to keep costs low and profitability high, but they will not be encouraged to settle here. Like it or not, Capitalism is all about making money, everything else is secondary!
3. Many Indian companies stopped processing H1Bs after they realized that despite draconian bonds and vieled threats, the Indian techies on H1Bs switched jobs and started filing for GCs
4. Currently there is no limit on L1 visas. I am not sure how many actually come with L1 visas, but wherever I have been I have noticed that 80% of the project colleagues hold L1 visas. This implies that this no. could probably run to several thousands. Technically, H1B has been the eyesore to many people who comment about foreign workers though people coming on L1 far outweigh employees on H1. Is this because H1s have the option to file for GC (except ofcourse L1A)?
5. Under the circumstances, it is not clear how increasing H1Bs will help when there is a continuous inflow of L1 skilled workers over and above the 65000 H1 quota. Further, most of the H1 employees file for their GCs and join the eternal line and the never ending wait. So, in reality (like me) they get stuck with their employers and due to various family commitments, such as grown up children going to high school / college, are forced to pull on and sacrifice their entire active work life, under the threat of job insecurity!
6. The right and scientific approach would be to take a clear statistical account of all the skilled manpower available (US Citizens, GCs, EAD holders, EB2 / EB3 friends in the endless GC line) and try to map this data with the available jobs and the projected market situation over the next 5 years. Based on the scientific, quantitative analysis the government should decide on bringing in additional workforce. That would be logical and mathematical. There is no point flooding the market and creating social tension.
7. Instead of further complicating the quagmire of GC, the government should consider granting permanent residency to legal immigrants who have put in 10 continuous years of stay, without any criminal record
8. It is only in the USA that the system of giving GCs is NOT time bound. In every other western nation, every milestone has a definite pre-defined time period. I do not mind if the US says, "Stay for 20 years to get a GC!" Well , then it becomes a personal choice for one to take it or leave it. Sadly, we do not have this option!
Let us hope that something will work out before the end of the current term (2012)
Best wishes!
Blog Feeds
12-05 09:20 PM
This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)
more...
FredG
June 25th, 2006, 08:40 PM
If the bidding gets high enough, we'll work out the details.
trueguy
08-11 10:40 AM
Here you go!
thanks willwin
thanks willwin
rsdang1
07-01 10:35 AM
I would encourage you to talk to a doctor of Indian origin. Also she may need to do a 3 year residency...
acecupid
06-02 03:42 PM
Recently, I made my own PP photos using http://www.epassportphoto.com/
This is a great service - It creates a jpeg file from a picture that you upload, and you can choose the "free" option in which you can save the jpeg file with 4-6 pictures in one frame (A 4" x 6" photo can yield 6 pp photos of 2" x 2"), and take it to Walgreens/Costco/Kinkos for a printout for $0.25 each. Otherwise you pay about $8-$12 for 2 photos at the same stores!!
For a family of 4, this equates to savings of ~ $40!!!
The site has all the tools for meeting various types of visa/pp/etc photo requirements for various countries.
Most WOLF camera and RITZ camera stores do the same thing for free. I have done this many times. Use a good digital camera and take the pics in memory stick or USB and they crop the photo to the right passport specifications. All you pay for is the print which is $0.25 or less.
Its good to know we have an online option as well. Thanks for the info hinvin66.
This is a great service - It creates a jpeg file from a picture that you upload, and you can choose the "free" option in which you can save the jpeg file with 4-6 pictures in one frame (A 4" x 6" photo can yield 6 pp photos of 2" x 2"), and take it to Walgreens/Costco/Kinkos for a printout for $0.25 each. Otherwise you pay about $8-$12 for 2 photos at the same stores!!
For a family of 4, this equates to savings of ~ $40!!!
The site has all the tools for meeting various types of visa/pp/etc photo requirements for various countries.
Most WOLF camera and RITZ camera stores do the same thing for free. I have done this many times. Use a good digital camera and take the pics in memory stick or USB and they crop the photo to the right passport specifications. All you pay for is the print which is $0.25 or less.
Its good to know we have an online option as well. Thanks for the info hinvin66.
GreenLantern
06-06 11:55 PM
Hey lermit,
Thanks for your interest. Unfortunatly, I am pretty busy at the moment. I can't help you out at the moment, but maybe later.
Tell me about the TGG team? What are they? What do they do?
Thanks for your interest. Unfortunatly, I am pretty busy at the moment. I can't help you out at the moment, but maybe later.
Tell me about the TGG team? What are they? What do they do?
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