kondur_007
01-06 04:26 PM
There is apparently some explanation from USCIS about this: Rajiv Khanna has posted it : (Nov 2009)
USCIS explains its types of site visits - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?b=232)
Following is the brief text from that:
USCIS' Fraud Detection and National Security (FDNS) office has recently explained the three types of site visits that are currently being conducted:
1. Risk Assessment Program fraud study (RANDOM VISITS). This is a joint study by USCIS and ICE applicable to both family-based and employment-based cases. Cases are chosen for randomly for review and site visits – usually after a case is approved. The purpose of this study is to build a profile of the types of cases where fraud is most prevalent.
2. Targeted site visits (PLANNED VISITS). These are targeted visits where fraud is already suspected. USCIS is supposed to give advance notice of the site visit to counsel of record.
3. Administrative site visits (RANDOM VISITS). These are currently conducted by contractors (who know nothing of immigration law) for religious worker and H-1B cases. The questions are already scripted and involve issues like whether there exists a genuine employer, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. Generally, if all is clear, these visits are not repeated more than once per site (not per employer).
USCIS explains its types of site visits - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?b=232)
Following is the brief text from that:
USCIS' Fraud Detection and National Security (FDNS) office has recently explained the three types of site visits that are currently being conducted:
1. Risk Assessment Program fraud study (RANDOM VISITS). This is a joint study by USCIS and ICE applicable to both family-based and employment-based cases. Cases are chosen for randomly for review and site visits – usually after a case is approved. The purpose of this study is to build a profile of the types of cases where fraud is most prevalent.
2. Targeted site visits (PLANNED VISITS). These are targeted visits where fraud is already suspected. USCIS is supposed to give advance notice of the site visit to counsel of record.
3. Administrative site visits (RANDOM VISITS). These are currently conducted by contractors (who know nothing of immigration law) for religious worker and H-1B cases. The questions are already scripted and involve issues like whether there exists a genuine employer, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. Generally, if all is clear, these visits are not repeated more than once per site (not per employer).
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TomPlate
07-13 01:06 PM
Believe me guys this is what going to happen.
1. Without priority date the I485, EAD and AP can be applied with the first stage - Labour completed.
2. They will complete the process.
3. Depending on everymonth priority date they will do a final approval.
This will synchronize FIFO.
Please let me know if you have any questions.
1. Without priority date the I485, EAD and AP can be applied with the first stage - Labour completed.
2. They will complete the process.
3. Depending on everymonth priority date they will do a final approval.
This will synchronize FIFO.
Please let me know if you have any questions.
div_bell_2003
12-17 08:41 PM
Yes, I know and I agree, while on AOS you can definitely study, not work etc, but I think the person I replied had an intention of changing to F1 status while AOS is pending. Well, that, I don't think is doable.
I Know someone who went to a top B-School for full time MBA but had some arrangement with his sponsoring company to keep him in their payroll ( not sure if he worked part time or not, most likely not ) to keep his GC process alive.
Sorry to differ but I don't go with your opinion. In adjustment of status, you can definitely study, loose job and even claim unemployment. Only condition is when interview happens, you should be able to provide valid similar job offer.
I Know someone who went to a top B-School for full time MBA but had some arrangement with his sponsoring company to keep him in their payroll ( not sure if he worked part time or not, most likely not ) to keep his GC process alive.
Sorry to differ but I don't go with your opinion. In adjustment of status, you can definitely study, loose job and even claim unemployment. Only condition is when interview happens, you should be able to provide valid similar job offer.
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pappu
01-19 02:40 PM
This information cannot be confirmed at this time. There is no internal memo or information to prove that that it maybe true. Even if this is suspended, it maybe because USCIS does not have enough resources at this time. It seems they are getting lot of pressure to clear the naturalization case backlog. There was a recent hearing on this topic.
EB immigrant applications have not generated enough pressure on USCIS to adjudicate cases faster. If people think this EB immigration backlogs are important for the administration to clear, they need to send letters in several thousands and not in hundreds.
Pre-adjudication does will not really have much difference in the current situation. If dates do not move forward, it will be of no use. Even if the cases are pre-adjudicated now, and dates move forward several months from now, there is still a chance of an RFE or an interview. USCIS can issue an RFE for current employment.
EB immigrant applications have not generated enough pressure on USCIS to adjudicate cases faster. If people think this EB immigration backlogs are important for the administration to clear, they need to send letters in several thousands and not in hundreds.
Pre-adjudication does will not really have much difference in the current situation. If dates do not move forward, it will be of no use. Even if the cases are pre-adjudicated now, and dates move forward several months from now, there is still a chance of an RFE or an interview. USCIS can issue an RFE for current employment.
more...
desi3933
09-05 11:22 AM
Absolutely not true!!! When you can change jobs even before getting the GC using AC21, there is no reason why you cannot jump to another job after getting the GC.
If I get it, I wouldn't worry that much for the next 5 years.
AC-21 does not permit free job change. The new job needs to be same/similar as I-140 job.
I did use AC-21 and I was asked about it at the time of N-400 citizenship interview. My 2 cents.
____________________________________
Proud Indian-American and Legal Immigrant
If I get it, I wouldn't worry that much for the next 5 years.
AC-21 does not permit free job change. The new job needs to be same/similar as I-140 job.
I did use AC-21 and I was asked about it at the time of N-400 citizenship interview. My 2 cents.
____________________________________
Proud Indian-American and Legal Immigrant
vban2007
06-02 04:51 PM
AOS - pending
AP - approved
H1 Ext - pending
Want to go to India for vacation..
1) Does traveling on AP invalidate the H1 Extension? (assuming H1 Ext applied before travel)
2) Should one apply for H1 Ext only after returning back to US on an AP (parolee status)?
AP - approved
H1 Ext - pending
Want to go to India for vacation..
1) Does traveling on AP invalidate the H1 Extension? (assuming H1 Ext applied before travel)
2) Should one apply for H1 Ext only after returning back to US on an AP (parolee status)?
more...
aamchimumbai
11-20 06:31 PM
Are you sure that the AP is deemed abandoned if you leave US prior to its approval?
Could you direct me/us to the appropriate document to support this?
Thanks
Be very careful
If you apply for AP and then leave the country the application is deemed as abandoned. I am not sure if you can reenter the country using the AP that was approved (even if is and is mailed by your attorney to India) when your documents will show you left the US before your AP was approved. So make sure you are covered legally before you make the decision of going to india and getting stuck there with no recourse
- good luck
kris
Could you direct me/us to the appropriate document to support this?
Thanks
Be very careful
If you apply for AP and then leave the country the application is deemed as abandoned. I am not sure if you can reenter the country using the AP that was approved (even if is and is mailed by your attorney to India) when your documents will show you left the US before your AP was approved. So make sure you are covered legally before you make the decision of going to india and getting stuck there with no recourse
- good luck
kris
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gcobsessed
06-08 04:32 PM
Got by 7th year H1-B successfully stamped at Halifax. The consulate is open for appointments only on tuesday/thursday. They take atleast 24 hours to hand back the passport.
At the time of application, the consular officer asked if I had been with the same company and whether the company had applied for green card. Answered yes to both, and she said to collect my visa the next day.
Took the receipt to the consulate the next day and collected my passport. It was straightforward without any issues.
I had done my stamping in Calgary 3 years ago and the passport was returned the same day. But, nowadays it takes at least 24 hours for passport to be returned, though you can make a request for return the same day and they will give it to you if you have a valid reason (like medical emergency) and the visa is approved without any delays. I saw a lady make this request and collect her passport the same day.
Good luck to all who goes to Canada for stamping.
At the time of application, the consular officer asked if I had been with the same company and whether the company had applied for green card. Answered yes to both, and she said to collect my visa the next day.
Took the receipt to the consulate the next day and collected my passport. It was straightforward without any issues.
I had done my stamping in Calgary 3 years ago and the passport was returned the same day. But, nowadays it takes at least 24 hours for passport to be returned, though you can make a request for return the same day and they will give it to you if you have a valid reason (like medical emergency) and the visa is approved without any delays. I saw a lady make this request and collect her passport the same day.
Good luck to all who goes to Canada for stamping.
more...
imconfused
05-17 11:50 AM
Bond,
I hope you know that if you apply it in person, you WILL HAVE TO pick it up in person. Surprise!!!!
They don't say that on the website. They only tell you when you reach there in person. When you argue about what's on the website, the answer is that they can't do everything for you. (When the guy on the phone gave me this answer, it was a defining moment for me. My commitment to wait for my greencard just grew 10 times stronger)
It might be better to send it via express mail. It's faster and SO MUCH cheaper that way.
read the website properly, i applied for my passport, without any issues and got it back. before u criticize any agency, get ur facts right. so ur sayin waiting endlessly for GC is better service than the indian embassy service that deal with so many customer in one single day?
I hope you know that if you apply it in person, you WILL HAVE TO pick it up in person. Surprise!!!!
They don't say that on the website. They only tell you when you reach there in person. When you argue about what's on the website, the answer is that they can't do everything for you. (When the guy on the phone gave me this answer, it was a defining moment for me. My commitment to wait for my greencard just grew 10 times stronger)
It might be better to send it via express mail. It's faster and SO MUCH cheaper that way.
read the website properly, i applied for my passport, without any issues and got it back. before u criticize any agency, get ur facts right. so ur sayin waiting endlessly for GC is better service than the indian embassy service that deal with so many customer in one single day?
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sangmami
07-12 09:52 AM
is it there in their website?
can t beleive this uscis again!!!!
can t beleive this uscis again!!!!
more...
virald
08-29 11:37 AM
I am not sure if Ottawa is any easy. I have been trying to get one in Ottawa since last couple of days but not luck. If fact, I have having no luck with all 4 east coast consulates (Montreal, Ottawa, Toronto, and Quebec City) in Canada. I wonder if calling them would help but the online site says that the consulates also rely upon that same online system so if I don't see it online, consulate can't really do much. I wonder if that's true.
What URL should I use to book an appointment?
What URL should I use to book an appointment?
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dsneyog
02-07 02:54 PM
This is what attorney said:
1. Apply for benefit, and mention that you were laid off (?). Labor department will call your employer to verify whether you were laid of for misconduct, or for other reason. Based on that information, DOL should grant you benefit, but since it is an unusual case he doesn't know for sure.
2. Call USCIS hotline, and explain them your situation. they might consider your case.
1. Apply for benefit, and mention that you were laid off (?). Labor department will call your employer to verify whether you were laid of for misconduct, or for other reason. Based on that information, DOL should grant you benefit, but since it is an unusual case he doesn't know for sure.
2. Call USCIS hotline, and explain them your situation. they might consider your case.
more...
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raj3078
12-31 04:40 PM
I believe that human resources will be largely diverted to produce more "citizens" this coming election year.
There are only three ways to get an employment based greencard in retrogressed categories
1) wait it out
2) Possible legislation , not before 09
3) An intervention by USCIS to increase exemption categories in EB-2/3. I think IV should push for exemption categories to be expanded. Because USCIS has certain powers. Every one remembers USCIS added 20000 H1Bs without any formal legislation.
I think no#3 is the best bet.
Correction.....20K visas were added only after legislation by congress to do so for folks studying in usa
There are only three ways to get an employment based greencard in retrogressed categories
1) wait it out
2) Possible legislation , not before 09
3) An intervention by USCIS to increase exemption categories in EB-2/3. I think IV should push for exemption categories to be expanded. Because USCIS has certain powers. Every one remembers USCIS added 20000 H1Bs without any formal legislation.
I think no#3 is the best bet.
Correction.....20K visas were added only after legislation by congress to do so for folks studying in usa
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sivananda
03-24 04:10 PM
Unless there is a gap of 1 year you should not be counted against cap.
Thanks piyu7444.
What do you mean by the above statement? Can you pls. clarify. Does that mean with in a year (Even before completing the 2 year F1 study course), I should find a H1 sponsor again fr not to be counted towards cap?
Thanks piyu7444.
What do you mean by the above statement? Can you pls. clarify. Does that mean with in a year (Even before completing the 2 year F1 study course), I should find a H1 sponsor again fr not to be counted towards cap?
more...
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gcwanter
09-24 01:45 PM
Thanks for sharing your attorneys' clarifications.
What my attorney said is ... I-140 amendment will be treated by USCIS as the brand new I-140 case and will take same amount of time as I-140 takes to be approved. But as he is my company attorney, I can't ask him if I can change the job while its pending.I am sure that if I will leave my current job, he will definitely revoke the I-140.
This is precisely the image that is coming out of many other experiences as well. Its almost equal to a new 140 (no PP allowed; even if the current PP ban is lifted) ....am thinking as long as amendment is filed there will be no effect on utilizing AC21...
What my attorney said is ... I-140 amendment will be treated by USCIS as the brand new I-140 case and will take same amount of time as I-140 takes to be approved. But as he is my company attorney, I can't ask him if I can change the job while its pending.I am sure that if I will leave my current job, he will definitely revoke the I-140.
This is precisely the image that is coming out of many other experiences as well. Its almost equal to a new 140 (no PP allowed; even if the current PP ban is lifted) ....am thinking as long as amendment is filed there will be no effect on utilizing AC21...
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senthil1
12-03 01:28 PM
Not to criticize you, but every year there are thousands of students coming from India to the US. Although their numbers have dropped slightly for the first time in 2006, they are still enormous (60K+ every yr). Getting a GC in 6 months even after Skil is passed does not seem likely. When the bill will pass, it will reduce hardships not eliminate them.
The number of students who come here is not controlled by the number of GCs, unlike that of people who come here on H1B.
There are many reasons for this unprecedented rise in the number of students coming from India in the last 5 years. Undergrad enrollment has been falling in many engineering departments. Hence grad admission standards have been relaxed, and international students are being welcomed. Plus, in the post-cold-war era, the US consulate does not deny visas the way it used to in the nineties. If you did not have financial aid from a univ then, it was difficult to get a visa. Also, kids in India these days get $10K loans from banks! So coming here is no longer difficult. So as I see it from a univ setting, the number of Indians applying for GCs will continue to be very high for the foreseeable future (10 yrs?). But hopefully, those with PDs until 2006 should see their GCs in 2-3 yrs after the bill is passed. We can't worry about all of the people who are coming now....
Skill bill gives exemption to US master people and Stem . They should be able to get or file 485 within 6 months
The number of students who come here is not controlled by the number of GCs, unlike that of people who come here on H1B.
There are many reasons for this unprecedented rise in the number of students coming from India in the last 5 years. Undergrad enrollment has been falling in many engineering departments. Hence grad admission standards have been relaxed, and international students are being welcomed. Plus, in the post-cold-war era, the US consulate does not deny visas the way it used to in the nineties. If you did not have financial aid from a univ then, it was difficult to get a visa. Also, kids in India these days get $10K loans from banks! So coming here is no longer difficult. So as I see it from a univ setting, the number of Indians applying for GCs will continue to be very high for the foreseeable future (10 yrs?). But hopefully, those with PDs until 2006 should see their GCs in 2-3 yrs after the bill is passed. We can't worry about all of the people who are coming now....
Skill bill gives exemption to US master people and Stem . They should be able to get or file 485 within 6 months
more...
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09-17 02:25 PM
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Yes - they prep up fast - gotta prepare their kids and spouses - food, milk etc....
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kapil_jn
08-13 04:44 PM
check out: http://groups.yahoo.com/group/FL_Immigration_Voice/
Provide your suggestions to make this group a success.
Provide your suggestions to make this group a success.
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CCC
03-31 06:17 PM
Congrats! Can you tell us how did you go about using cross chargeability?
I am not sure about exactly what you mean "how did we go about using cross chargeablility", but basically since my wife was born in Germany we were able to leverage this rule. We gave our lawyers a copy of her birth certificate (in german) and an official notarized English translation of the birth certificate. They in turn added a document (cover letter perhaps?) that indicated to USICS that we were filing under Germany. I don't believe there was any specific documentation in the 485 application that denoted whether we were using cross chargability. Your lawyers need to provide a cover letter as i understand it.
I am not sure about exactly what you mean "how did we go about using cross chargeablility", but basically since my wife was born in Germany we were able to leverage this rule. We gave our lawyers a copy of her birth certificate (in german) and an official notarized English translation of the birth certificate. They in turn added a document (cover letter perhaps?) that indicated to USICS that we were filing under Germany. I don't believe there was any specific documentation in the 485 application that denoted whether we were using cross chargability. Your lawyers need to provide a cover letter as i understand it.
raj2007
04-02 01:39 PM
---
apb, good to see you again.
AabTuagaGc: Congratulations on your marriage. apb is right. Get your spouse here on H4 and then add her to your existing 485 application. Your attorney should guide you when you can technically add her to your application.
On a lighter note: It seems you didn't do this research beforehand, shows me that it must have been love at first sight ;-)
Cheers!
There is nothing like adding to his application. She need to file her own 485 application and her process timinging will be different than primary.
apb, good to see you again.
AabTuagaGc: Congratulations on your marriage. apb is right. Get your spouse here on H4 and then add her to your existing 485 application. Your attorney should guide you when you can technically add her to your application.
On a lighter note: It seems you didn't do this research beforehand, shows me that it must have been love at first sight ;-)
Cheers!
There is nothing like adding to his application. She need to file her own 485 application and her process timinging will be different than primary.
eagerr2i
09-25 05:14 PM
There are a few famous one's who won't even tell what their fee is until you set up a paid consultation with them. Charge $ 395.00 for a 30 minute consultation even if your case is 'Kosher'. You need to take an appointment through their paralegal to talk to them, can't get an appointment for the same day, would be lucky if you can talk to them next day.
Really do not know if their steep price tag is worth it...!
Really do not know if their steep price tag is worth it...!
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