gonecrazyonh4
01-29 12:06 PM
Agreement Reached to Re-evaluate Rule Requiring Federal Contractors to Use E-Verify
Yesterday, the U.S. government agreed to delay until May 21, 2009, implementation of a new rule requiring federal contractors to use the federal government�s E-Verify employment eligibility system.
SHRM and other associations requested this extension after the president�s Chief of Staff, Rahm Emanuel, issued a memorandum to all agencies stating that agencies should consider extending the effective dates of all regulations that were published in the Federal Register but that have not yet taken effect.
While SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel still have a lawsuit pending against the government challenging the legality of the federal contractor mandate, this agreement suspends court proceedings in order to allow the Obama Administration an opportunity to review the rule.
Yesterday, the U.S. government agreed to delay until May 21, 2009, implementation of a new rule requiring federal contractors to use the federal government�s E-Verify employment eligibility system.
SHRM and other associations requested this extension after the president�s Chief of Staff, Rahm Emanuel, issued a memorandum to all agencies stating that agencies should consider extending the effective dates of all regulations that were published in the Federal Register but that have not yet taken effect.
While SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel still have a lawsuit pending against the government challenging the legality of the federal contractor mandate, this agreement suspends court proceedings in order to allow the Obama Administration an opportunity to review the rule.
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duncanidaho
02-17 10:51 PM
Stuk,
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
aadimanav
11-01 09:40 PM
Hello experts,
Could someone explain to me why is that 61,000 visa recapture exclusively for nurses is not good for EB3 category? To me it will make the EB3 queue smaller (i.e. Current Applications In the EB3 Queue MINUS 61,000). Why this is not good, and why I don't hear any body say so?
* Is this not good because 61,000 visas will be recaptured EXCLUSIVELY for NURSES. This 61,000 quota should have been spread over all categories EB1, EB2, EB3.
* Is this not good because it doesn't help EB2 and EB1?
* Some other reason
Please educate and comment.
Could someone explain to me why is that 61,000 visa recapture exclusively for nurses is not good for EB3 category? To me it will make the EB3 queue smaller (i.e. Current Applications In the EB3 Queue MINUS 61,000). Why this is not good, and why I don't hear any body say so?
* Is this not good because 61,000 visas will be recaptured EXCLUSIVELY for NURSES. This 61,000 quota should have been spread over all categories EB1, EB2, EB3.
* Is this not good because it doesn't help EB2 and EB1?
* Some other reason
Please educate and comment.
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jcrajput
06-09 11:09 AM
Can we have a visa stamping in other country than India if you are in USA? or we must need stamping from India?
Appriciate your help.
Thanks
Appriciate your help.
Thanks
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newlife2
09-19 10:17 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
amitjoey
11-21 05:23 PM
While going out staple all of them together and give it it Airlines.
Airline has no problem in taking any of one (valid dates or expired dates), but the moment they see more than one, they will take all and staple it together. It is sent back for records (I am not sure where/how that is maintained and what is impact of giving in bits and pieces or loosing it, while having multiples).
But my lawyer as well as airline told me clearly to give all of the I94 together.
If you lost one (even to airlines), it may be worth informing USCIS, to avoid any inconveniences later. (Note: I am not legal expert and this is not a legal advise)
Thanks
Airline has no problem in taking any of one (valid dates or expired dates), but the moment they see more than one, they will take all and staple it together. It is sent back for records (I am not sure where/how that is maintained and what is impact of giving in bits and pieces or loosing it, while having multiples).
But my lawyer as well as airline told me clearly to give all of the I94 together.
If you lost one (even to airlines), it may be worth informing USCIS, to avoid any inconveniences later. (Note: I am not legal expert and this is not a legal advise)
Thanks
more...
Ennada
12-16 11:25 AM
Yes. I got mine extended in FL with EAD.. but the extension was only for an year eventhough the EAD was for 2-years.
~GCA
Even with H1, they renew the DLs only for a year. That the way FL rolls. I've been renewing every year since 2002.
~GCA
Even with H1, they renew the DLs only for a year. That the way FL rolls. I've been renewing every year since 2002.
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Prashanthi
06-23 05:53 PM
On what basis will you apply for a H-1 transfer, your present H-1 request has been denied. Even If you apply for a MTR you have pending status, based on which you cannot request for a further extension/change of status. You can apply for a new H-1 consular processing petition, leave the country, once approved, apply for a visa from the consulate and come back on the new H-1.
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akhilmahajan
04-23 07:55 AM
I am sure this question must have been answered before, but as i could not find anything with reference to it, so i thought of posting it here.
I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.
I am novice in this area.
If there are any other ways to find out, can anyone shed some light on it.
Thanks.
I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.
I am novice in this area.
If there are any other ways to find out, can anyone shed some light on it.
Thanks.
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gimme Green!!
06-14 04:54 PM
On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
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ajju
08-31 06:21 PM
Dear friends
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
This is how we can build a better Immigrant Community...
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
This is how we can build a better Immigrant Community...
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intheyan
06-17 06:37 PM
After I-485 pending for more than 180 days and with approved I-140 I changed the job. But the job is exactly similar the pay is almost 35% greater than that is in Labour. Will that create problems? I have not send AC21 filled to USCIS since my lawyer and friends suggested it not maditory but we can argue on getting the RFE showing papers that the new job has same job duties.
Thanks for your replys in advance
Thanks for your replys in advance
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md2003
08-30 01:06 PM
Just show whatever w2's and paystubs you have . Later on if you get another RFE saying that they need 1999 w2's etc.. then you can always tell them you don't have. No need to lie.
As long as your status is good after your recent entry you will be ok. No need to worry about 1999 or 2000 period.
As long as your status is good after your recent entry you will be ok. No need to worry about 1999 or 2000 period.
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WaitingForMyGC
02-24 04:19 PM
Please read my posts carefully, there are no dates as I am on H1B, NO PERM Filed, NO I-140 mail date, NO I-485.
Dude, Are you planning to marry an american citizen? :-)
Just kidding..
Dude, Are you planning to marry an american citizen? :-)
Just kidding..
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Appu
09-11 01:10 PM
http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
Ha! If that is so, how come their own friggin website shows a 6 month backlog:
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
Ha! If that is so, how come their own friggin website shows a 6 month backlog:
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska
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tnite
01-13 08:36 AM
Hi,
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-130 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-130 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
There is no relation between tax documents and I131 .Date of Birth might have been an issue . Maybe u'r lawyer is talking BS.
just so that you dont get confused , I130 is a Petition for Alien Relative (equivalent of I140 for family based immigration)
I131 -Advance parole
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-130 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-130 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
There is no relation between tax documents and I131 .Date of Birth might have been an issue . Maybe u'r lawyer is talking BS.
just so that you dont get confused , I130 is a Petition for Alien Relative (equivalent of I140 for family based immigration)
I131 -Advance parole
more...
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rajs
12-11 06:05 PM
no
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lostinbeta
10-21 10:18 PM
Um, I don't know anything about that. I just heard that he left because he wanted to do other stuff.
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ashkam
07-24 01:28 PM
Ravi
This is what my lawyer says about mergers:
If your job (description, location and salary) remains same or similar under the new company:
If the 485 has not yet been filed, you are required to amend the 140. You can file amendment and 485 together.
If the 485 is pending, in most cases do nothing. After 180 days, you are safe, anyway.
If your job has changed :
If 485 has not been filed, you are in trouble. You have to start the green card process over, but you keep your priority date if 140 is approved.
If 485 is pending for 180 days, the jobs need only be similar.
This is what my lawyer says about mergers:
If your job (description, location and salary) remains same or similar under the new company:
If the 485 has not yet been filed, you are required to amend the 140. You can file amendment and 485 together.
If the 485 is pending, in most cases do nothing. After 180 days, you are safe, anyway.
If your job has changed :
If 485 has not been filed, you are in trouble. You have to start the green card process over, but you keep your priority date if 140 is approved.
If 485 is pending for 180 days, the jobs need only be similar.
doubleyou
05-19 04:39 PM
Pappu,
1)do you know what is the difference between the name check and background check., or is it the same thing.
2) Will getting the congressional office to follow up raise any red flag?
3) What other options to follow up, SR, multiple time, first waiting for IO, then extended check-6 months, now background check.
4)Does having two I140 mean anything in the delay
1)do you know what is the difference between the name check and background check., or is it the same thing.
2) Will getting the congressional office to follow up raise any red flag?
3) What other options to follow up, SR, multiple time, first waiting for IO, then extended check-6 months, now background check.
4)Does having two I140 mean anything in the delay
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06-06 10:15 AM
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