sumagiri
02-25 03:08 PM
USCIS can pre-adjudicate a case, even when visa numbers are not available. This means that USCIS processes all the application, but just waits for a visa number to finalize it.
Pre-adjudication. That would be really good. According to latest processing times, NSC shows July 30th 2007 for 485. So does that mean that cases before that are either adjudicated/pre-adjudicated or atleast there is an RFE?
Is there any one who confirmed that their case is pre-adjudicated @ NSC. ?
Pre-adjudication. That would be really good. According to latest processing times, NSC shows July 30th 2007 for 485. So does that mean that cases before that are either adjudicated/pre-adjudicated or atleast there is an RFE?
Is there any one who confirmed that their case is pre-adjudicated @ NSC. ?
zj142
12-22 09:14 PM
My understanding of "This includes cases where a change of employer has occurred" is alien beneficiary can retain his/her PD in the case of changine employer. Change of employer is not included in "Fraud or willful misrepresentation".
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.
chantu
06-15 09:53 AM
Anybody pls reply?
more...
sebstence
03-04 11:02 PM
I think the answer is yes.
kewlchap
09-09 01:17 AM
Hi greencard_fever,
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
How did you open a SR for your wife's case (which had an RFE)? I responded to an RFE and they say that I have to wait 60 days before opening an SR. Please let me know.
more...
krishnam70
03-13 05:23 PM
but i asked this question to find the legality of this issue before reporting someone to the USCIS that i know is doing this.I just used I instead of someone in my thread to start the discussion.
Who do i complain to in this case?
Vow quite a turnaround. First you say its you who want to do it and when you get the heat you claim otherwise.
Either way this is pure 'FRAUD' . If you are the person who is doing it USCIS will have ways to track it and it will come back during your Naturalization or at any time when u enter the country. If you are just trying to report this to authorities you can do so at your state DOL or write a letter to USCIS with details if you have it.
- cheers
kris
Who do i complain to in this case?
Vow quite a turnaround. First you say its you who want to do it and when you get the heat you claim otherwise.
Either way this is pure 'FRAUD' . If you are the person who is doing it USCIS will have ways to track it and it will come back during your Naturalization or at any time when u enter the country. If you are just trying to report this to authorities you can do so at your state DOL or write a letter to USCIS with details if you have it.
- cheers
kris
chanduv23
09-29 03:37 PM
Hope there are a few more approvals today and tomorrow before dates retrogress...
I would say "no hopes"
I would say "no hopes"
more...
Libra
08-05 08:32 PM
To capture unused visa numbers we need to make DC rally big, so lets go to DC on sept 13th and make it big success.......
get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.
Good thing is that people will get interim benefits like EAD/AP.
get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.
Good thing is that people will get interim benefits like EAD/AP.
Humhongekamyab
07-15 02:14 PM
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
Congrats buddy.
What is your priority date?
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
Congrats buddy.
What is your priority date?
more...
walking_dude
01-31 09:39 AM
A friendly reminder to all MI members. Write personalized E-mails to your newspapers. This may be our chance to make the lawmakers and the media aware of our issues.
Please participate in a campaign which is very important to all of us.
Please participate in a campaign which is very important to all of us.
txh1b
04-20 10:56 AM
In the absence of a date, it is 6 moths from admitted date, by default. You may confirm this by calling USCIS.
That is not true. There is no default assumption and call center folks have no knowledge about things.
I have first hand experience with the same scenario at the same airport and CBP said it was a good idea to come back rather than assume a 6 month stay.
That is not true. There is no default assumption and call center folks have no knowledge about things.
I have first hand experience with the same scenario at the same airport and CBP said it was a good idea to come back rather than assume a 6 month stay.
more...
b2visahelp
07-09 04:41 PM
1. My parents included their Indonesian bank statement in rupiah. And they went to US embassy in Jakarta, their hometown. Does it make a difference to go to other city after they got rejected twice? If so, which one?
2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.
Please let me know your advice. Thank you so much.
2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.
Please let me know your advice. Thank you so much.
India_USA
04-23 09:13 AM
1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.
USCIS says its happening......
2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.
USCIS has not wasted visas in the past two years............
3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.
I read somewhere about the memo being withdrawn for more review.............
Finding a judge who will be favorable to our cause, priceless!!
USCIS says its happening......
2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.
USCIS has not wasted visas in the past two years............
3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.
I read somewhere about the memo being withdrawn for more review.............
Finding a judge who will be favorable to our cause, priceless!!
more...
eager_immi
01-31 01:44 PM
aren't u contradicting urself?
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
coopheal
11-08 04:27 PM
get real man... 655K is lot of applications
just by plain math these will be done in Five years. If you add name check and other stuff this may be even more.
Also this time is on the top of what we have already waited for till now.
When USCIS isnt even providing simple meaningful reports (seperate EB 485 numbers) working with these random statistics is total waste.
If this 655K number of AOS is true, then the number of pending EB AOS is NOT big.
The total number of pending AOS in June, right before the July VB fiasco, is 597K.
Because DOS controls FB cut off date pretty well, we don�t expect receiving spike and approving spike for FB cases in July VB fiasco. In another word, the number of FB received cases and the number of FB approved cases
should be about same.
EB pending cases in September only grows (655K-597K= 58K) compared with the number in June.
This 58K cases probably are evenly distributed from 2001 to 2007, roughly10K
every year.
So, we should see big jump in EB Visa bulletin, since there are no BEC, 245i excuses any more and all the cases are in the hand of USCIS.
just by plain math these will be done in Five years. If you add name check and other stuff this may be even more.
Also this time is on the top of what we have already waited for till now.
When USCIS isnt even providing simple meaningful reports (seperate EB 485 numbers) working with these random statistics is total waste.
If this 655K number of AOS is true, then the number of pending EB AOS is NOT big.
The total number of pending AOS in June, right before the July VB fiasco, is 597K.
Because DOS controls FB cut off date pretty well, we don�t expect receiving spike and approving spike for FB cases in July VB fiasco. In another word, the number of FB received cases and the number of FB approved cases
should be about same.
EB pending cases in September only grows (655K-597K= 58K) compared with the number in June.
This 58K cases probably are evenly distributed from 2001 to 2007, roughly10K
every year.
So, we should see big jump in EB Visa bulletin, since there are no BEC, 245i excuses any more and all the cases are in the hand of USCIS.
more...
gdilla
06-07 11:57 PM
But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?
Alabaman
08-24 09:00 PM
http://immigrationvoice.org/forum/showthread.php?t=1540
TUESDAY, OCTOBER 24TH, 2006?
TUESDAY, OCTOBER 24TH, 2006?
chakdepatte
11-26 11:27 PM
hey Waiting Game,
the consulate in mumbai is in a very expensive area called 'breach candy' its like the beverly hills in CA.
however, u may get decent stay outside 'Dadar' or 'bombay central' railway station. these are close to the consulate but since u have a morning hour commute towards downtown mumbai, it will take at least 30-45 minutes. so give urself adequate time. avoid 'bandra', churchgate, grant road areas.
if u just need to spend the nite, u can spend it on the airport.
let know if any questions and wish u all the best.
the consulate in mumbai is in a very expensive area called 'breach candy' its like the beverly hills in CA.
however, u may get decent stay outside 'Dadar' or 'bombay central' railway station. these are close to the consulate but since u have a morning hour commute towards downtown mumbai, it will take at least 30-45 minutes. so give urself adequate time. avoid 'bandra', churchgate, grant road areas.
if u just need to spend the nite, u can spend it on the airport.
let know if any questions and wish u all the best.
Dj.Stigma
06-02 02:02 AM
My vote goes to Soul. Though all 3 wwws were very ugly and very user-unfriendly, Soul's 'beauty' (referring to his entry) was the one where i had to wait for the 'content' the longest time and it was very, very painful :hangover:
G... i mean Terrible job everyone ;-)
Peace
G... i mean Terrible job everyone ;-)
Peace
Kitiara
05-27 10:25 AM
Consider it a back handed compliment. :)
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