imh1b
10-26 08:44 AM
USCIS - USCIS Issues Two Precedent Appeals Decisions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f8925403f0bcb210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS Issues Two Precedent Appeals Decisions
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.
"The issuance of AAO precedent decisions honors USCIS�s commitment to the clear and consistent application of the immigration laws," said USCIS Director Alejandro Mayorkas. "We are grateful for the Justice Department�s partnership in our efforts to promote predictability in immigration-benefits cases." USCIS is committed to issuing further precedent decisions going forward, given their value to the agency and the public.
An AAO precedent decision is an immigration-appeals case that DHS, with the Attorney General�s concurrence, designates as establishing a rule for deciding future cases. Once published by DOJ, AAO precedent decisions bind all DHS personnel in the administration of the immigration laws. DOJ publishes the decisions in the bound volumes of the "Administrative Decisions Under Immigration and Nationality Laws of the United States" (I&N Dec.), which also contain the precedent decisions of the DOJ�s Board of Immigration Appeals.
The first decision affirms USCIS�s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." The second decision reverses USCIS�s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."
For more information on USCIS and its programs, visit USCIS Home Page (http://www.uscis.gov).
USCIS Issues Two Precedent Appeals Decisions
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.
"The issuance of AAO precedent decisions honors USCIS�s commitment to the clear and consistent application of the immigration laws," said USCIS Director Alejandro Mayorkas. "We are grateful for the Justice Department�s partnership in our efforts to promote predictability in immigration-benefits cases." USCIS is committed to issuing further precedent decisions going forward, given their value to the agency and the public.
An AAO precedent decision is an immigration-appeals case that DHS, with the Attorney General�s concurrence, designates as establishing a rule for deciding future cases. Once published by DOJ, AAO precedent decisions bind all DHS personnel in the administration of the immigration laws. DOJ publishes the decisions in the bound volumes of the "Administrative Decisions Under Immigration and Nationality Laws of the United States" (I&N Dec.), which also contain the precedent decisions of the DOJ�s Board of Immigration Appeals.
The first decision affirms USCIS�s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." The second decision reverses USCIS�s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."
For more information on USCIS and its programs, visit USCIS Home Page (http://www.uscis.gov).
wallpaper world war 2 map of germany
indianabacklog
01-09 08:21 AM
You have answered your own question. This immunization protects you from most forms of TB and causes you to have a positive skin test since you have antibodies in your system to attack the PPD test ingredients when they are put under your skin.
Not sure why you are worried about it? This is no different from the other vaccinations you were given as a child that you had no choice on.
I am from the UK and every child was given the BCG vaccine for decades, normal course of growing up.
Not sure why you are worried about it? This is no different from the other vaccinations you were given as a child that you had no choice on.
I am from the UK and every child was given the BCG vaccine for decades, normal course of growing up.
Blog Feeds
09-01 10:00 AM
Hunton Immigration and Nationality Law Blog Has Just Posted the Following:
The U.S. Department of State has confirmed that contractors on a pre-approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf)at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct. The audits are creating significant delays for petition-based visa applicants at embassies worldwide.
Auditors may make a "cold call" to the U.S. employer who filed the petition, asking about the company's activities, location, employees, shareholders, etc., and may also review the company's website or use Google Earth to confirm the existence of a facility in the location specified on the petition. Contractors may also ask employers about the beneficiaries of these petitions -- the foreign nationals whom the employer wishes to employ (or continue employing) in nonimmigrant status.
Following verification, the contractors will create new "base petitioner records" in the KCC's Petition Information Management Service (PIMS) database. Until KCC verifies the petitions and updates these records, no consular officer at a U.S. embassy abroad may issue a petition-based visa to an applicant. Consular officers are also instructed to question visa applicants further in order to determine if the beneficiary information in the updated PIMS record is correct and complete.
Any adverse information the KCC contractor learns during an audit call may lead to denial of a beneficiary's visa application, even based on a previously approved petition, and may also affect the approvability of future petitions. Therefore, a U.S. employer who receives such a call should contact immigration counsel prior to providing any information so that (a) the auditor's name and credentials can be compared against the approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf); (b) counsel can be present on the call; (c) the employer can prepare adequately by reviewing the petition; and (d) the call can be documented appropriately.
http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/hh_pmij8WeY
More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/hh_pmij8WeY/)
The U.S. Department of State has confirmed that contractors on a pre-approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf)at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct. The audits are creating significant delays for petition-based visa applicants at embassies worldwide.
Auditors may make a "cold call" to the U.S. employer who filed the petition, asking about the company's activities, location, employees, shareholders, etc., and may also review the company's website or use Google Earth to confirm the existence of a facility in the location specified on the petition. Contractors may also ask employers about the beneficiaries of these petitions -- the foreign nationals whom the employer wishes to employ (or continue employing) in nonimmigrant status.
Following verification, the contractors will create new "base petitioner records" in the KCC's Petition Information Management Service (PIMS) database. Until KCC verifies the petitions and updates these records, no consular officer at a U.S. embassy abroad may issue a petition-based visa to an applicant. Consular officers are also instructed to question visa applicants further in order to determine if the beneficiary information in the updated PIMS record is correct and complete.
Any adverse information the KCC contractor learns during an audit call may lead to denial of a beneficiary's visa application, even based on a previously approved petition, and may also affect the approvability of future petitions. Therefore, a U.S. employer who receives such a call should contact immigration counsel prior to providing any information so that (a) the auditor's name and credentials can be compared against the approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf); (b) counsel can be present on the call; (c) the employer can prepare adequately by reviewing the petition; and (d) the call can be documented appropriately.
http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/hh_pmij8WeY
More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/hh_pmij8WeY/)
2011 During World War I,
STK
02-08 02:01 AM
I've received my EAD+AP and I 485 (filed, priority date Nov 05) through my husband's GC process. I currently work on H1B (3 yrs remaining on my H1B). One week ago got laid off and working with same company till end of month. While looking for new job I'm unable to decided whether to maintain my H1-B status or switch to EAD.
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
more...
cheers1234
06-14 02:50 PM
I am working for a american company as a consultant thru a Desi Consultancy for past 6 years. And my H1 also held by the same desi consultancy company. My company filed for new H1 petion and got approved last october. He came to US on last friday (Newark, NJ)and was deported for some reason. I dont know the exact reason. So i have few question. I really appreciate all your help
1. My H1B is going to expir by Sep 2010 and i sent all the documents to file for H1 extn based on my approved I-140. My company lawer filed for LC and it is still pending. So is it going to affect my H1 extn?
2. How about my GC process? Does it affect if i apply I-485 when my periorty date become couurent?
3. What will happen to my company? My employer is stright forward guy. He has all the documention and Tax.
1. My H1B is going to expir by Sep 2010 and i sent all the documents to file for H1 extn based on my approved I-140. My company lawer filed for LC and it is still pending. So is it going to affect my H1 extn?
2. How about my GC process? Does it affect if i apply I-485 when my periorty date become couurent?
3. What will happen to my company? My employer is stright forward guy. He has all the documention and Tax.
wandmaker
08-26 10:49 PM
My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21.
Yes, you are correct.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD
A person can EAD only once I-485 is approved? Is that correct.
You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue
Yes, you are correct.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD
A person can EAD only once I-485 is approved? Is that correct.
You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue
more...
purgan
04-27 08:22 AM
i don't think disability is a bar especially if you're an employee and contributing since 98. Of course, there are some health related bars, but many of those relate to communicable dieases etc. The USCIS has publications on the medically-related bars, you should check on the USCIS website for more information (search for a form I-693)
2010 since World War II is
gc_in_30_yrs
02-28 03:25 PM
The easiest solution would be going to MataMoros, Mexico for stamping. This is the best option for us. Easy, affordable, and takes only 1 day. India, you need to answer several questions, interview to be attended, and ofcourse, they treat everybody as though the person requesting for visa is a criminal.
I went to mexico couple of days back, and it was done easily
I went to mexico couple of days back, and it was done easily
more...
jsb
11-01 12:16 PM
Hello i am running in to issues of how to get address changed. To give you guys previews. We were residing in Chicago till July ending. In August we moved to CT as my wife got a new job there. But since my work location is in IL , I requested my employer whether its possible to work remotely and its ok by law. He said u can change ur residential address and there is no need to amend LCa/H1b as there is no change in work location in my case. Fine for now.
I recently visited CT DMV and requested for CT state license. They denied to me saying that i need a CT employer letter or My employer should issue letter to DMV stating my work location changed. Neither of these are going to happen. For now i have my license and Plate from IL itself. I can still continue to maintain but renewing Plates and Pollution test are pain being in CT any ideas please ?
I think it is just a heavyhandedness by DMV guys. Perhaps talking to the manager will help. Tell him that you wife lives in CT and you consider this as your home. There is nothing that you HAVE to live within xxx miles of your work place. If you live in CT, fly every Monday morning to IL, stay in a hotel at your own expenses, and return back on Friday, will that be illegal.
I recently visited CT DMV and requested for CT state license. They denied to me saying that i need a CT employer letter or My employer should issue letter to DMV stating my work location changed. Neither of these are going to happen. For now i have my license and Plate from IL itself. I can still continue to maintain but renewing Plates and Pollution test are pain being in CT any ideas please ?
I think it is just a heavyhandedness by DMV guys. Perhaps talking to the manager will help. Tell him that you wife lives in CT and you consider this as your home. There is nothing that you HAVE to live within xxx miles of your work place. If you live in CT, fly every Monday morning to IL, stay in a hotel at your own expenses, and return back on Friday, will that be illegal.
hair World War II, European Theater
fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
more...
gotgc?
09-06 06:44 PM
Hi Guys,
I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing.
On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.
It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?
I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...
I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing.
On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.
It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?
I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...
hot (Source: World War II Theaters
bharani
04-03 09:26 PM
Yes, I got a similar letter last week. I posted about it earlier.
more...
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gcharry
11-11 09:41 PM
Thanks guys for your response.
tattoo The left side of the map is
meridiani.planum
06-30 01:55 AM
Me and my wife are July 2007 filers. We applied for Ead renwal.
My wife started her own business and opened a LLC.
Which means she is using her EAD. But how does the USCIS know that she is using her EAD.
My question is when she aplied for the business license , she has given her SSN everywhere but how does the agencies know that this particular person is using EAD
Pls let me know
thanks
AFAIK they dont know unless USCIS issues an RFE for tax returns. What was her status before she filed her 485?
Also why are you concerned whether they know or not?
My wife started her own business and opened a LLC.
Which means she is using her EAD. But how does the USCIS know that she is using her EAD.
My question is when she aplied for the business license , she has given her SSN everywhere but how does the agencies know that this particular person is using EAD
Pls let me know
thanks
AFAIK they dont know unless USCIS issues an RFE for tax returns. What was her status before she filed her 485?
Also why are you concerned whether they know or not?
more...
pictures Map of Europe
amicable
06-24 01:23 PM
Hi Old Monk and GC.....Thank you for your reply. I am canadian citizen by naturalization. Is it a fast process for naturalization (not by birth) Canadian Citizen too? I havn't applied for I-765. As right now, my husband has no intention me to work in USA. Suppose in future if I decide to work...Can I work once my GC will approve, or do I have to have file I-765 to get permission to work?
Its been only one week, since I have mailed my I-485 to Chicago office. I havn't got my reciept yet. So,will wait for another week or so. As someone said on this forum usually it takes 10 days to get the receipt. My question is once I get my receipt can I apply for Social Security and Driving Licence? Can I leave the country to visit my family back home too? Or do I have to wait untill I get my Permanent residence card? As per GC or lets hope for canadian citizen it takes 6-9 months to approve their case. TIA.
Its been only one week, since I have mailed my I-485 to Chicago office. I havn't got my reciept yet. So,will wait for another week or so. As someone said on this forum usually it takes 10 days to get the receipt. My question is once I get my receipt can I apply for Social Security and Driving Licence? Can I leave the country to visit my family back home too? Or do I have to wait untill I get my Permanent residence card? As per GC or lets hope for canadian citizen it takes 6-9 months to approve their case. TIA.
dresses World War Ii Map Europe.
bazuka6
02-29 02:14 PM
I have done this successfully twice (extended) , but you do have to fill out that column. Its a big risk to give incorrect info, since they will find out with A#.
more...
makeup At the close of World War II,
Krilnon
12-02 01:39 PM
But it must be� Seb Hughes (http://www.kirupa.com/forum/member.php?u=27016) goes there!
Anyway, I'll let you get back to your Flashing/Silverlighting. :sure:
Anyway, I'll let you get back to your Flashing/Silverlighting. :sure:
girlfriend A map of the 103rd#39;s advance
kanshul
05-25 08:32 AM
The important thig is the period since yoour last admission to the US before July 2007.
Say you entered in Apr 2007 then you would not have accumulated 180 days of unauthourized stay in US before filling 485 and you will be OK.
Say you entered in Apr 2007 then you would not have accumulated 180 days of unauthourized stay in US before filling 485 and you will be OK.
hairstyles On the map below 2 is _____.
Ramba
10-07 05:25 PM
Any suggestion whether to switch attorney after using AC21 and moving to new company?
If you have good relationship/communication with your previous attorney, it is not recomended to change, as it is a additional work for uscis, that they may not like it. The new G-28 may not properly attached, uscis may not update the information ect may cuase you unrest. As long as possible, avoid contact with uscis, unless they asked to do as they are heavily backlogged with all application.
If you have good relationship/communication with your previous attorney, it is not recomended to change, as it is a additional work for uscis, that they may not like it. The new G-28 may not properly attached, uscis may not update the information ect may cuase you unrest. As long as possible, avoid contact with uscis, unless they asked to do as they are heavily backlogged with all application.
vjverma
05-23 06:40 PM
Called both the senators. Specter's office said that the senator won't be proposing any amendments.
Basically, standard reply from both, they realize that there are holes and they will keep our feedback in mind.
Basically, standard reply from both, they realize that there are holes and they will keep our feedback in mind.
InTheMoment
06-15 03:47 PM
How long ago was this approval done and from which service center ?
Also do you remember how long it took for the receipt notice ? I hear for PP services one also get a receipt thro' e-mail if provided by the attorney.
Also do you remember how long it took for the receipt notice ? I hear for PP services one also get a receipt thro' e-mail if provided by the attorney.
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