ImmigrationAnswerMan
07-24 12:58 PM
rsharma:
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
wallpaper More free irthday cards for
pappu
03-17 03:53 PM
Some recent news from USCIS.
======================================
H-1B Cap Exemptions Based on Relation or Affiliation
Released: March 16, 2011
USCIS - H-1B Cap Exemptions Based on Relation or Affiliation (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.
USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.
The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.
======================================
H-1B Cap Exemptions Based on Relation or Affiliation
Released: March 16, 2011
USCIS - H-1B Cap Exemptions Based on Relation or Affiliation (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.
USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.
The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.
wandmaker
07-12 08:46 PM
Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june. On july 7th our application was approved and today we recieved our EAD cards. I was expecting a one year extension , which is until 10/01/2009. But USCIS send us ead cards that will expire on 01/01/2009.
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
You do not have to reapply, please call USCIS and let them know of this issue. CSR will tell you how to proceed further
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
You do not have to reapply, please call USCIS and let them know of this issue. CSR will tell you how to proceed further
2011 Daddy Cool Blank Greeting Card
mchundi
05-17 08:40 PM
Mchundi,
I understand your anxiety. To answer your questions:
There is no chance of having any single set of provisions "become law immediately."
Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.
For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.
Hang in there!
best,
Berkeleybee
Thanks,
I am not even sure if this bill is good for me. (I am EB-2 2003 PD, I140 approved, India, 8th Year H1-B). I am sure this is good for people who r just stepping into the process.
I know u guys r doing a good job shuttling between work and D.C. This is the closest we have ever come with the lawmakers (that i know). If only we had this cohesion during S-1932 days we would have got something. Hope it works out well for us.
--MC
I understand your anxiety. To answer your questions:
There is no chance of having any single set of provisions "become law immediately."
Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.
For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.
Hang in there!
best,
Berkeleybee
Thanks,
I am not even sure if this bill is good for me. (I am EB-2 2003 PD, I140 approved, India, 8th Year H1-B). I am sure this is good for people who r just stepping into the process.
I know u guys r doing a good job shuttling between work and D.C. This is the closest we have ever come with the lawmakers (that i know). If only we had this cohesion during S-1932 days we would have got something. Hope it works out well for us.
--MC
more...
diptam
05-12 11:01 PM
Generally i see such emails on Friday/Saturday late nights - hopefulgc is doing it Monday :) Just Kidding and take it EZ !!
Things are no so easy - if laws could be changed easily, lot of lobbyists have way more than 1 MM dollar - that's not any big money at US ... Massachusetts Governor Mitt Romney wasted 35 MM personal fortune, Billary Clinton in strangled in 15-20 MM election debt where as Barack has created a historic fund raising record ( who single mother has raised him by taking help from Food stamp )
Everything is not just money (at least in America) - the line of money ends somewhere - even America being a Capitalist Nation. You know why Dick cheney is hated by 75% of Americans ?????:)
We need to raise a million $. Anything less is seeming to just not cut it.
Look where we are now with our half-hearted efforts.
[B][COLOR="Red"]Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
Brethren.... rise!
Things are no so easy - if laws could be changed easily, lot of lobbyists have way more than 1 MM dollar - that's not any big money at US ... Massachusetts Governor Mitt Romney wasted 35 MM personal fortune, Billary Clinton in strangled in 15-20 MM election debt where as Barack has created a historic fund raising record ( who single mother has raised him by taking help from Food stamp )
Everything is not just money (at least in America) - the line of money ends somewhere - even America being a Capitalist Nation. You know why Dick cheney is hated by 75% of Americans ?????:)
We need to raise a million $. Anything less is seeming to just not cut it.
Look where we are now with our half-hearted efforts.
[B][COLOR="Red"]Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
Brethren.... rise!
alahiri
06-19 11:33 PM
In murthy.com website there is the following write up to explain how priority dates are significant after i485 has been filed:
From: http://www.murthy.com/news/UDpdhdtw.html
"If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current.""
However my question is if priority dates really matter for i140 or i485 processing then what are the processing dates published by uscis all about?
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Can anyone please clarify wether priority dates really matter after i485 filing?
As I can see that in NSC i485 of Sept 2006 are being processed.
From: http://www.murthy.com/news/UDpdhdtw.html
"If a person has already filed the I-485 application when the dates were current, but then the Visa Bulletin date retrogresses to a date before the priority date, the foreign national would still accrue the benefit of being able to remain in the U.S. with renewable EAD or work authorization and permission to travel, even after completing the six years on H1B status in the U.S. However, the I-485 could not be approved until the date again becomes "current.""
However my question is if priority dates really matter for i140 or i485 processing then what are the processing dates published by uscis all about?
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Can anyone please clarify wether priority dates really matter after i485 filing?
As I can see that in NSC i485 of Sept 2006 are being processed.
more...
umndude
06-17 03:19 PM
Let's say there is a problem. What can you do to fix it? You want to start GC fresh?
Relax... I have seen many people who bought PDs from consultants paying 10k and got GCs too. Don't worry. If you post these kind of threads, it make people waiting for years more frustrating. Be happy for your luck. Go chill. Don't keep saying you are afraid and all.
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
Relax... I have seen many people who bought PDs from consultants paying 10k and got GCs too. Don't worry. If you post these kind of threads, it make people waiting for years more frustrating. Be happy for your luck. Go chill. Don't keep saying you are afraid and all.
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
2010 Birthday Cards For Dad.
arihant
02-14 02:26 PM
Hi iptel,
Thanks for the find. I have provided the link to the 2005 report referred in the 2006 document.
http://a257.g.akamaitech.net/7/257/2422/17feb20051700/www.gpoaccess.gov/eop/2005/2005_erp.pdf
Look at Chapter 4 in the 2005 report. It does cover more about the TWP (temporary worker program). However, it does have some interesting statistics on the labor market and fiscal impact of immigrants, and other statistics.
Folks preparing material to present may find some useful statistics here.
Thanks for the find. I have provided the link to the 2005 report referred in the 2006 document.
http://a257.g.akamaitech.net/7/257/2422/17feb20051700/www.gpoaccess.gov/eop/2005/2005_erp.pdf
Look at Chapter 4 in the 2005 report. It does cover more about the TWP (temporary worker program). However, it does have some interesting statistics on the labor market and fiscal impact of immigrants, and other statistics.
Folks preparing material to present may find some useful statistics here.
more...
natrajs
04-21 02:39 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
Congrats and Best Wishes
Good luck to everyone.
Congrats and Best Wishes
hair Birthday card for my Dad!
Pagal
09-27 12:04 PM
Hello,
I think you are fine to do day trading on any visa type.
Just because you conduct multiple transactions per day does not legally imply that you are paying any less attention to your regular job.
If you are called for an AOS interview, a curious IO may ask how did you manage both, but you can always show that you did your job well by providing copies of your performance evaluations and/or letters from your supervisors/HR.
In summary, good luck w day trading! Do donate part of the profits to IV... :)
I think you are fine to do day trading on any visa type.
Just because you conduct multiple transactions per day does not legally imply that you are paying any less attention to your regular job.
If you are called for an AOS interview, a curious IO may ask how did you manage both, but you can always show that you did your job well by providing copies of your performance evaluations and/or letters from your supervisors/HR.
In summary, good luck w day trading! Do donate part of the profits to IV... :)
more...
immi_seeker
07-14 05:11 PM
Talked to both L1 & L2 officers in uscis. They have no idea whether this is an error or not. All they can tell is that it is the adjudicating officers who decide on the extension period. They advised me to send back the original cards with a new application to fix the error. I talked to my attorney and we are not going to do that. We will send an application to extend this EAD card before it expires.
hot irthday cards for dad.
habil52
09-25 07:50 PM
I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
Get a job in either an educational, research or a non profit organization and reapply for H1B under quote exempt category. do it soon as that too takes time... preferably through premium processing after securing a job. good luck.
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
Get a job in either an educational, research or a non profit organization and reapply for H1B under quote exempt category. do it soon as that too takes time... preferably through premium processing after securing a job. good luck.
more...
house irthday cards for dad.
nidar
03-05 11:04 AM
just did
tattoo Daddy Birthday Card by
coopheal
11-10 05:13 PM
All,
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Answered the the survey.
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Answered the the survey.
more...
pictures happy irthday cards for daddy
sapota
02-27 01:51 PM
From March 05 to Sep 06 data can be found at :
http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf
This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.
http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf
This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.
dresses irthday cards for daddy.
anilsal
12-26 11:08 PM
Will become 3 nights in a row for you folks. But you are welcome to attend the next IL state chapter concall.
http://immigrationvoice.org/forum/showthread.php?t=2708
http://immigrationvoice.org/forum/showthread.php?t=2708
more...
makeup free irthday cards for daddy
walking_dude
11-26 11:19 AM
Thanks. Please consider sending the E-mail to your friends as well. We need as many to participate as possible. If not possible to attend due to excruciating circumstances, at the least please consider contributing monetarily to this effort.
I contributed $20 to this cause.
I contributed $20 to this cause.
girlfriend irthday cards for daddy.
nik.patelc
01-11 02:30 PM
I was laid off this week. I have been trying to find job and i feel its not going to be easy to find a job. If thing wont work by April, I m thinking to move back India.
PD : EB2 I - OCT 2004
I140 approved, I 485 pending > 180 days. On EAD
50 Dollars monthy contribution to IV.
PD : EB2 I - OCT 2004
I140 approved, I 485 pending > 180 days. On EAD
50 Dollars monthy contribution to IV.
hairstyles irthday cards for daddyquot;
saimrathi
07-17 02:58 PM
This is from Logiclife.. all hope isnt lost yet
The latest update we received is the the annoucement to be made soon will be as follows:
1. DHS will withdraw it decision and act according to original bulletin released in July which had EB dates current for everyone except EB-other worker category.
2. The July bulletin (original one released on June 12th) will remain effective for 30 days more and will be effective all the way thru August 17th.
This is good news. It will be announced soon. We got this information from very reliable source. You have 30 more days to file your I-485.
Thank you for your patience.
The latest update we received is the the annoucement to be made soon will be as follows:
1. DHS will withdraw it decision and act according to original bulletin released in July which had EB dates current for everyone except EB-other worker category.
2. The July bulletin (original one released on June 12th) will remain effective for 30 days more and will be effective all the way thru August 17th.
This is good news. It will be announced soon. We got this information from very reliable source. You have 30 more days to file your I-485.
Thank you for your patience.
DallasBlue
07-17 12:15 AM
Depending upon the uscis announcement in a day or two (i.e,7/17 or 7/18)things may change for the short term so we will plan any specific action item after that.
But for now lets continue to urge everyone we know in Texas to join IV to continue pursuing our efforts as much intelligent, elite and vivid group for acheiving our goals and objectives.
Guys,
Just recently moved from Milwaukee, WI to Plano, TX (DFW) area. Just let me know what need to be done from my side. Awaiting eagerly.
- BharatPremi
But for now lets continue to urge everyone we know in Texas to join IV to continue pursuing our efforts as much intelligent, elite and vivid group for acheiving our goals and objectives.
Guys,
Just recently moved from Milwaukee, WI to Plano, TX (DFW) area. Just let me know what need to be done from my side. Awaiting eagerly.
- BharatPremi
Raju
06-13 09:00 AM
Hi
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.
Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.
Please clarify. I am trying to understand this clearly.
Thanks very much
I dont think this will fly. This is a stretch. There is nothing to understand here. Claerly, you are an employee of consulting firm, which is a for profit organisation. Your H-1B is filed by the consulting company and not the non-profit organisation.
I have given up hopes of getting an H-1B through the Master's quota. I applied on April 4. So there are no hopes anyway.
Now how can one get an H-1B through a non-profit organization. My understanding of this process is not very clear. I was under the impression (wrong impression!!) that if I can get a job at a Non-Profit place through a consulting company(I am an employee of the consulting company and not the Non-Profit org) and because my workplace is at a non-profit organization, I can get an H-1B that qualifies as one that belongs to the Non-Profit H-1B category.
Please clarify. I am trying to understand this clearly.
Thanks very much
I dont think this will fly. This is a stretch. There is nothing to understand here. Claerly, you are an employee of consulting firm, which is a for profit organisation. Your H-1B is filed by the consulting company and not the non-profit organisation.
No comments:
Post a Comment