Anne Hathaway Catwoman

June 31?

lol Thanks,....yeah the impossible day....no it was the 30th, my bad

You can file a DOL complaint, which could spell serious consequences for the employer. You could also file a wage claim with your state's employment development department to recover the wages you were owed.

All, Help me understand this.
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k

Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?

http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

Under each link look for - Immigrant Visas Issued and Adjustments of Status Subject to Numerical Limitations (by Foreign State Chargeability): Fiscal Year 2006

My EAD application has been pending more than 90 days.
Just called the USCIS office.
Look like the center it has been sent to is processing EAD's of date: May 03.
So my application is still 2.5 months away.

The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php

Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
Looks like it isn't :)

Did you get your FP?
I went to local office(Detroit, MI), and they said that they no more issue interim EADs. Also, they said that we should have got our FP notice before approaching them for EAD.

RFE for I-140

I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise

Immigration Visa Attorney Blog Has Just Posted the Following:
As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).

President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.

There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.

These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf





More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)

Thanks Jindhal.

I have been working with the Director of International Students office at the university from day 1.

After going through the discussions, and convincing her that my wife can work, she is now asking for law that allows AOS candidates to take up graduate study.

Frustrating!



Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.

Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.

I am also in somewhat same situation. My Employer didnot pay me for one month and didnot provide paystubs for 4 months. ANy way I sucessfully joined a large corporation as they were willing to listen to my situation. When I ask for pay they say they will suit me as I have joined the client.

I don't think so, only Green cards and citizens are charged on world wide income.

Tony I wish what you said was true. There has been a great amount of discussion among our members a few months back when the last date for such disclosure was and the majority opinio was that everybody has to report all foreign accounts containing more than 10K. Interest on FDs are taxable and if you already paid tax in India then you have to disclose that in the IT returns here.
Anyway I dont know whether they would take the pain to check out all resident aliens who have bank accounts in their home countries unless, as you said, they become US citizens/GC holders.

I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).

We applied for her H1 in 2007 April, it got approved on September 2007.

We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.

We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.

Her H4 approved on November 2008(but i was no more in H1).

I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.

i sent u PM.

Replied to you.

Thanks a lot for your valuable input.

But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

Please let me know.

Thanks for all your input in advance.

I believe as long as you are getting paid a salary which is greater or equal to what was mentioned in Labor/140 you should be fine.
There will not be question of Ability to Pay as you will getting paid at the time of RFE and size of the company doesn't matter.

Here you go:

U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/)

HI.. Could you please send web-fax.. We want to reach 3000 number tonight..

If core team is doing so much, can we do this for ourself and show them our support.
Thank you so much.



How will the new bill affect the I-485 processing time?

Does anyone know the minimum and maximum times required for I-485 processing?

What type of factors delay the I-485 processing?

Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?

Thank you in advance for your information.

Thanks for your reply, I also recvd my approval last week. Thanks a lot for reply and wish you all the best.

I think its scary for people who filed their applications at NSC. Ofcourse like someone said scary for people with attorneys who are not members of AILA. :D

http://cli.gs/De4Z4u

BTW, what's scary about this memo..

Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.

Hello,

I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

GCTrouble..

can you give in the exact scenario...I think many-many of us are just is in the hope to use the old EB3 PD to a later EB2 PD and get out of this hell hole..

As much as I know,we must have both EB3 and EB2 140's approved separately and during filing of 485 submit both the approved i140's with the earliest PD..

Anyone who knows about this ..pls comment what is the right way to do this stunt..

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/06/wchina06.xml

Atleast home countries recognize our potential.

That means they do not have any applications that were not processed before July 11th based on current visa bulletin Priority dates.

Yeah I understand the (convoluted!) concept of processing date....And in fact, that definition does not even hold good due to the retrogressions we have been seeing in Processing dates as well which should not be happening as per definition.

Anyway, I would have expected either a July 2 or July 17th... (skipping the zone in between). A July 11th indicates that they are currently processing some cases with that RD and everything else before that has been atleast 'touched'.

But as I mentioned in my post, there may be cases filed during that 'dead zone' as well.

Any ideas about this query?

Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????

I just spoke to an Immigration Officer about the status of my pending I-485 application using InfoPass, and all she said was "it is waiting for a visa number". She seemed to be very ignorant of general USCIS regs and laws, but she called somebody and this is the answer she came up with.

My category is EB2-India with PD of Feb 2004 which is current for June. So, my question to all the gurus here is: WTF does this mean "waiting for a visa number"? i told her that my PD is current, so there is no need for waiting, but then she told me that my application was received on July 2nd 2007 and I need to wait. I tried explaining that 485 receipt date has no relation to PD, but it was a lost cause.

Any comments from the wise on this board?

My Understanding:
#1. The Receipt Date has relationship with Processing Date. If Processing Date is not current with respect to Receipt Date, file will not be picked for processing.

#2. When file is picked based on Processing Date and Priority Date is current, USICS asks for a Visa Number from DOS (Department of State). Visa Number is individual specific. USCIS sets Priority Date, but Visa Number is given by DOS and DOS can say USICS to wait, if Visa Numbers are not available.

I am sorry to say that I am still not a wise on this board, but thought, I could comment on it.