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wahwah

06-05 11:33 AM

since the new supplemental memo has been issued, the rule making agenda may be pushed off. but i think the new memo will be effective immediately.


See this..from immigration-law.com

However, the release of this new supplemental AC-21 probably implies that the rule-making agenda may be pushed off and may not be enacted this year. Please stay tuned.

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gc_on_demand

06-12 09:39 AM

Thursday 06/12/2008 - 11:00 AM

2237 Rayburn House Office Building

Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law

Hearing on the Need for Green Cards for Highly Skilled Workers

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NH123

05-15 12:02 PM

Case Rejected because of Incorrect Fee

--------------------------------------------------------------------------------

I am asking this question in this thread as i dont know how to start new thread.

Hi

My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------

Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

Current Status: Case Rejected because of Incorrect Fee

On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.

------------

Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...

The question here is:

1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case

2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?

I am confused...

Appreciate your inputs

Thanks

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bobzibub

11-21 12:07 PM

http://www.change.gov/agenda/immigration_agenda/

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Carlau

06-19 10:42 PM

What is EVL, is it experience letter.

yes, EVL is Employment verification letter, is a letter saying that you work for the company since... as ... (the position from the database).. for your real annual salary

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whattodo21

12-08 09:31 AM

If an RFE is issued, how long does it take to get EAD/AP? Will the USCIS still honor the 90/120 day issuance?

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lazycis

12-18 10:49 AM

All you need to send is a letter saying that you invoked AC 21; also attach supporting documents, i.e. employment offer from your new employer describing job title, duties and salary and stating that employer intends to hire you permanently after you receive GC; documentation showing that your I-485 has been pending 180 days or more before you've changed jobs.

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GC_LOOKIN

07-25 10:09 AM

E-Filed: May 30th, 2008
FP: June 28th, 2008
Card Production Ordered on July24th :)
Belong to EB3 Category and hoping to get 2 Year EAD.
Will let everyone know if I get 2 year or 1 year EAD
Is everyone who belong to EB3 category getting 2 year EAD???

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mailsunnydeol

07-22 01:35 PM

Here are my details on EAD renewal:
Type: e-filed

Self:
RD: 06/19/08
Docs Sent: 07/08/08
FP: 07/16/08
LUD: 07/21/08
AD: 07/21/08

Wife:
RD: 06/19/08
Docs Sent: 07/08/08
FP: 07/16/08
LUD: 07/16/08
AD: ?

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Saburi

02-12 04:12 PM

H1B transfer was regular transfer but my new employer used the same job code as specified in labor.

My attorney, then send the AC21 with new employer offer letter to uscis.

hope this helps

Do you really have to notify USCIS about you are changing employer as my lawyer told me its not required and this is one of the best lawyer, i did my H1 B trasfered before even my I 485 application may be thats why.

Would it be a problem for me if i transfered my H1 B even before i apply for I 485, as my lawyers explaination to that was as I 485 is for Future Employment and has nothing to do with the current employment.

Please do advice on this.

Saburi

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raysaikat

01-06 12:44 AM

What about ladies with 5 husbands (pandus), do we need to start visa called H5? F5? D5?

I heard from a friend of my friend knows that indian ladies have 5 husbands at the same time, what about them?

I have never heard such a case after "Droupadi".

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aadimanav

05-15 04:09 PM

To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field... (Introduced in House)

HR 6039 IH

110th CONGRESS

2d Session

H. R. 6039

To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.

IN THE HOUSE OF REPRESENTATIVES

May 13, 2008

Ms. ZOE LOFGREN of California (for herself, Mr. CANNON, Mr. CONYERS, Mr. CARTER, Mr. GEORGE MILLER of California, Mr. SHADEGG, Mr. HONDA, Mr. TOM DAVIS of Virginia, Ms. ESHOO, Mr. GILCHREST, Mr. KENNEDY, Mr. REICHERT, Mr. CAPUANO, Mrs. MALONEY of New York, Mr. CROWLEY, Mrs. TAUSCHER, Mr. SMITH of Washington, Mr. MCDERMOTT, Ms. LORETTA SANCHEZ of California, and Ms. LINDA T. SANCHEZ of California) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. UNITED STATES EDUCATED IMMIGRANTS.

(a) Aliens Not Subject to Direct Numerical Limitations- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

`(F) Aliens who have earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in a field of science, technology, engineering, or mathematics and who have an offer of employment from a United States employer in a field related to such degree.'.

(b) Procedure for Granting Immigrant Status- Section 204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F)) is amended--

(1) by striking `or' after `203(b)(2)';

(2) by inserting `, or 201(b)(1)(F)' after `203(b)(3)'; and

(3) by striking `Attorney General' and inserting `Secretary of Homeland Security'.

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priti8888

01-04 12:56 PM

Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?

Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).

Heheeh This is sooo Funny...:D:D

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aamirzeeshan

01-11 02:40 PM

I understand your situation as i was there once. If you dont have insurance than your options are very limited. if you live in dallas county parkland hospital is your only choice. Parkland has a network of several clinics around DFW area. Every clinic has financial assistance department. You can visit any of those and they will setup a payment plan which is reasonable based on your income. You will visit them for all prenatal care and when the time comes for delivery it will be taken to parkland. and parkland is a very good hospital as well. beside parkland several hospitals also offer cash plans like RHD memorial at 635 but they will charge you close to 4k just for delivery day and if its a normal one. you will have to do prenatal at your own.

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wahwah

06-06 10:57 AM

i think what you're saying is not just a plausible but most likely scenario.
i read on some lawyers website that everytime he/she's filed an AC21 letter to show change of jobs he's gotten an RFE for the petitioner.

so that is why many lawyers recommend against sending any notification to USCIS regarding job change using AC21.

Going back to the supplemental AC21 memo:

Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.

And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".

Do you think this is a plausible scenario?

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mihird

05-26 01:47 AM

I spent 5 full years in Canada from 1995 2 of which I did my MS (in Montreal - Quebec) and 3, I worked for one of Canada's largest software companies in Ottawa - Ontario. Over the course of these 5 years, I acquired both my Canadian green card and Canadian Citizenship..

From 2000 onwards, I have been in the US languishing in this stupid EB Green Card queue...

I originally hail from India, so can give some clear opinons on how life is comparatively in all three places.

I will firstly agree with someone who mentioned that rather than considering Canada as an option 2 after the US, one should consider our home country..honestly, I believe our home country should be the no. 1 priority on our list. The real solution to all immigration problems lies in the balancing of economies on a global scale...and we as the H1-B skilled workforce are the best people for making the Indian/Chinese economies move forward....reduce unemployment there and improve the wage standards...

As for Canada, except for the cold, almost everything about Canada is better than the US in my opinion - better quality of life, better social security, better health care, safer neighborhoods, better education, better immigration system etc. etc..if you hail from a tropical place like India, the cold WILL bother you, though....

Montreal is 50% English/50% French, and I had no problems living in Montreal although, I know nothing about French at all..

From a pure money stand point of view, it is true, that you will somewhat make more money in US, but most of that will be offset by the higher healthcare costs and higher housing costs...

Frankly, if this 6+ year wait on the US Green Card doesn't go anywhere, I will definitely consider moving back to India, rather than Canada...in 2007 or so...because, I feel, I have spent enough years away from India, accrued enough wealth and owe my time and energy to building the Indian economy....rather than giving my years to any of the western countries....that already are well developed...

My .02 cents..

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needhelp!

01-12 11:21 AM

Birth & Womens Center in Dallas. (birthcenter.net)

I know several ladies from my Bradley class who have delivered their babies there and have great reviews.

Their total fee is $4,950 for all the prenatal care and normal pregnancy and delivery (no insurance).

Also anyone who wants to avoid medicated deliveries should check out Bradley classes.

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wahwah

06-05 02:59 PM

andy garcia,

its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.

it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:

In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).

The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).

and by the way...here is the Q1, Section 1 page the memo is talking about....

Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it’s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]


You can read it 10 ways, but the CIS has only one interpretation(see bold below).

An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.

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vamsi_poondla

09-28 01:04 AM

look the same. From those Anti_immigrant, anti-foriegn programers group. Wake up buddy you should welcome new immigrants or you and your father won't get your social security payment. That's reality. Becoz all of your children are working in either Burger Kings or McDonald's without working hard for thier degrees. And I agree they work hard on asking you if it is TO GO or for here. You want any soda?
Go Figure!

In what way this is related to the post? You need not flare up and bring all this crap if someone like cnndwag wanted to say what he felt obvious.

For me it looks like an honest mistake or intended mistake by someone who wants to get GC fast. (and getting GC in EB2 or EB1 is not a great award..it just reduces the queue). If what IV is fighting for is achieved, nobody cares to switch the categories as everybody will get their GC on time.

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sam_hoosier

07-03 10:13 AM

Atty fees were paid by my employer; my out of pocket was approx. $ 500. However, the intangible cost (disappointment, having parents stand in a queue to get BC etc.) is far greater :(

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140jibjab

05-13 02:59 PM

I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.

My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.

My wife has her own H1b valid till Dec 2008.

We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).

Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.

My wife has mentioned that she will be applying for Divorce in USA.

Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.

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