ramnadhan
12-13 04:49 PM
January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
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crystal
09-14 03:39 PM
are we not aliens?
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nixstor
08-30 01:11 PM
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s416504
11-18 01:00 PM
Please specify time line (MMYY) about your status from begining. Also mention period USCIS asking your legalility. I think You should be OK as long as AOS pending.
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antihero
11-27 12:51 AM
I recently used the AP to enter the US. There were no issues in the US. However, the immigration official in India had some confusion trying to understand the AP. I had to show him a letter that my company's lawyer had given me listing the details of the AP and that I could use it for entering the US.
Hi Guru,
So did you have any other US visa in your passport, or were you carrying just AP document?
Hi Guru,
So did you have any other US visa in your passport, or were you carrying just AP document?
immi2006
05-04 01:26 PM
Please go through the stuff for the last one year plus from immigration.com on PERM processing, need to look at each entry in the diferenet excel sheets, it is not consistent from the data perspective (we all have our regular work too :-) ) so cannot pull up URLs for you, the above site is the pointer, please do your homework too :-) - Since you are really interested in specifics, appreciate if you can get this directly, it will take you couple of hours at the very least to get this data.
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.
more...
angelfire76
10-05 01:11 PM
As I've been hearing different versions of this conference call.
1. Expect further retrogressions on the visa bulletins
This is common among all versions
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in JulyThis is a very debatable number. The number is estimated to be close to 200k EB applications. FB, Asylum etc. also add to this 800k number. The CIS official is just saying "We are inefficient as we are swamped with work"
3. Do not expect premium processing to be re-instated for I-140s for a while
Not true. Premium processing is expected to start from Jan 2008 as soon as this mess is over. It's a money maker for CIS and a cash-strapped org will not simply kill the golden goose.
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
Not strange, considering that you "pre-pay" for your EAD and AP for filers who have filed and will file after July 30,2007. It only increases CIS workload to renew EAD and AP everyyear for free. What I've heard is that this is only for applicants who applied after new fee structure is in effect. :(
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
PERM audits started beginning October 2006.
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL�s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ�s are on the DOL website.
Nothing new. This law was introduced on July 16th by DOL.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
Work site enforcement of employers who have petitioned as H1-B dependent.
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
Makes sense.Speeding tickets go only into driving record, but DUIs go into criminal record too. That would make sense. But would anybody with a DUI be a responsible immigrant / citizen in the first place?
17. The US consulates and CBP are Googling you!
This is absolute nonsense. Apparently they've a far more sophisticated database than what Google will ever have. :rolleyes:
1. Expect further retrogressions on the visa bulletins
This is common among all versions
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in JulyThis is a very debatable number. The number is estimated to be close to 200k EB applications. FB, Asylum etc. also add to this 800k number. The CIS official is just saying "We are inefficient as we are swamped with work"
3. Do not expect premium processing to be re-instated for I-140s for a while
Not true. Premium processing is expected to start from Jan 2008 as soon as this mess is over. It's a money maker for CIS and a cash-strapped org will not simply kill the golden goose.
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
Not strange, considering that you "pre-pay" for your EAD and AP for filers who have filed and will file after July 30,2007. It only increases CIS workload to renew EAD and AP everyyear for free. What I've heard is that this is only for applicants who applied after new fee structure is in effect. :(
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
PERM audits started beginning October 2006.
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL�s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ�s are on the DOL website.
Nothing new. This law was introduced on July 16th by DOL.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
Work site enforcement of employers who have petitioned as H1-B dependent.
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
Makes sense.Speeding tickets go only into driving record, but DUIs go into criminal record too. That would make sense. But would anybody with a DUI be a responsible immigrant / citizen in the first place?
17. The US consulates and CBP are Googling you!
This is absolute nonsense. Apparently they've a far more sophisticated database than what Google will ever have. :rolleyes:
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gccovet
07-15 04:26 PM
Regarding first point,
I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .
HTH
GCCovet
I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .
HTH
GCCovet
more...
godbless
06-29 11:28 AM
Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.
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fromnaija
10-09 11:52 AM
I initially volunteered to steer the Arizona chapter but my job schedule has changed so much and now involves a lot of in-country and overseas traveling. Would someone please lead this chapter? I will attend any of the chapter activities whenever I am in the country.
more...
doubt123
06-15 01:46 PM
Hello,
I was once in the same situation for H1 ( moved to a new compan ), where ex-emplyoyer totally denied to give letter.My lawyer suggested to just write a letter to USCIS mentioning that ex-employer is not giving letter and also mention his company name and telephone number, where they can call and check if they wish. If you have paystubs for the said working period attach copies with this letter.
WE did this, and we got our H1 approved and also I-140 got cleared.
Please check with your lawyer before you follow this step as I am not a lawyer.
Hope this helps and All the best...
I was once in the same situation for H1 ( moved to a new compan ), where ex-emplyoyer totally denied to give letter.My lawyer suggested to just write a letter to USCIS mentioning that ex-employer is not giving letter and also mention his company name and telephone number, where they can call and check if they wish. If you have paystubs for the said working period attach copies with this letter.
WE did this, and we got our H1 approved and also I-140 got cleared.
Please check with your lawyer before you follow this step as I am not a lawyer.
Hope this helps and All the best...
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LayoffBlog
01-27 01:32 PM
According to CNNMoney: “Home Depot, the No. 1 home improvement retailer, announced Monday that it is shutting down its high-end EXPO business and shrinking its support staff, with both moves resulting in a reduction of 7,000 jobs.”Posted in Retail, US Tagged: Home Depot layoff http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1231&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/26/home-depot-cutting-7000-jobs/)
More... (http://layoffblog.com/2009/01/26/home-depot-cutting-7000-jobs/)
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dyekek12
12-13 02:15 PM
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
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satishku_2000
08-23 10:01 PM
Response times are now determined by service centers. Earlier it used be be 12 weeks but now it depends on evidence type
Memo accoring to murthy.com
http://www.murthy.com/news/n_restim.html
USCIS Clarification on Response Time for RFEs/NOIDs
Posted Jun 22, 2007
�MurthyDotCom
The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
�MurthyDotCom
The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
�MurthyDotCom
TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
�MurthyDotCom
Missing or Incomplete Initial Evidence
�MurthyDotCom
According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
�MurthyDotCom
The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
�MurthyDotCom
I-539 Requests to Extend / Change Nonimmigrant Status
�MurthyDotCom
The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
�MurthyDotCom
OTHER TYPES OF RFE RESPONSES
�MurthyDotCom
Evidence Available within the U.S. : 42 Days
�MurthyDotCom
If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
�MurthyDotCom
Evidence to be Obtained from Abroad
�MurthyDotCom
If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
�MurthyDotCom
CONCLUSION
�MurthyDotCom
It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!
Memo accoring to murthy.com
http://www.murthy.com/news/n_restim.html
USCIS Clarification on Response Time for RFEs/NOIDs
Posted Jun 22, 2007
�MurthyDotCom
The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
�MurthyDotCom
The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
�MurthyDotCom
TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
�MurthyDotCom
Missing or Incomplete Initial Evidence
�MurthyDotCom
According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
�MurthyDotCom
The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
�MurthyDotCom
I-539 Requests to Extend / Change Nonimmigrant Status
�MurthyDotCom
The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
�MurthyDotCom
OTHER TYPES OF RFE RESPONSES
�MurthyDotCom
Evidence Available within the U.S. : 42 Days
�MurthyDotCom
If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
�MurthyDotCom
Evidence to be Obtained from Abroad
�MurthyDotCom
If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
�MurthyDotCom
CONCLUSION
�MurthyDotCom
It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!
more...
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Anders �stberg
June 18th, 2005, 11:18 PM
On my monitor it looks too grey and washed out... I guess what this shows is there is a big difference in monitors, the printed product is perhaps what counts in the end. I've been thinking of replacing my monitors, they are getting old and I can't get them quite right according to the Eye One calibration software.
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smuggymba
03-07 01:24 PM
How many years do you have left on your H-1?
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
more...
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jsb
05-10 10:25 PM
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
It only means that for whatever reason your electronic case was accessed, which might even mean that someone was training a new employee on how to open a case. Not much significance should be attached to it, however.
It only means that for whatever reason your electronic case was accessed, which might even mean that someone was training a new employee on how to open a case. Not much significance should be attached to it, however.
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dreamworld
09-12 03:46 PM
Any advise about Unpaid vacation period in usa for h1b's and staying in usa.
What is the legal vacation period in usa for h1b's? And how long it could be!!!
few weeks or few months???
Thanks...
What is the legal vacation period in usa for h1b's? And how long it could be!!!
few weeks or few months???
Thanks...
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dc2007
07-05 10:28 PM
Thank you all for your help/suggestions. I'll try to add my wife in my employer plan, may be with lower premium and higher deductible for now. Also there is this insurance I found called 'HTH global citizen' that covers pregnancy after 12 months.
My suggestion is: "Go for HIGHER PREMIUM and LOW DEDUCTIBLE", other wise go for $3000 package.
But I can tell you even if doctor is saying $3000, you might be ending paying a lot more than that. Its medical, and I hope everything should go fine. But in case of any complexities, if you don't have insurance, you will end up paying like more than 10K (even in $3000 package).
Go for full coverage and add your wife to your insurance. This is my suggestion.
Good Luck
My suggestion is: "Go for HIGHER PREMIUM and LOW DEDUCTIBLE", other wise go for $3000 package.
But I can tell you even if doctor is saying $3000, you might be ending paying a lot more than that. Its medical, and I hope everything should go fine. But in case of any complexities, if you don't have insurance, you will end up paying like more than 10K (even in $3000 package).
Go for full coverage and add your wife to your insurance. This is my suggestion.
Good Luck
waitforevergc
09-04 02:05 PM
People:
Please pray that EB2I becomes 2008 :)
I desperately want to file for i-485 and get EAD since my job is in shaky ground.
Please pray for me folks.
Please pray that EB2I becomes 2008 :)
I desperately want to file for i-485 and get EAD since my job is in shaky ground.
Please pray for me folks.
ita
01-16 11:13 AM
Thank you so much vin13.
So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?
Thank you again.
Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?
Thank you again.
Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
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