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08-02 07:20 PM
Recently an undated USCIS draft memorandum surfaced. The Memo was offering administrative relief options to promote family unity, foster economic growth, achieve significant process improvements, and reduce the threat of removal for certain individuals present in the United States without authorization. Here is the entire memo for our readers to view:
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
Shortly after the memo leaked to the public the Immigration service had this to say:
�Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�
What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.
More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
Shortly after the memo leaked to the public the Immigration service had this to say:
�Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�
What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.
More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)
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diptam
08-18 03:55 PM
The bottom of the "Receipting & Lockbox" update clearly says that it may take upto 14 days to get physical receipt or Checks cashed for the dates they say Current. Which means July 2nd 485 apps are declared Current on Aug 17th , so the receipts can come as late as Aug31st i.e after Labor day weekend Sep 4th.
Hang in there guys & Maintain Hope - Plan for a Day off with your Client on Sep 18th at DC. The core and some folks are really working very hard for this Rally - Lets at least support them by attending.
Also Please look at the detailed discussion on other thread :-
http://immigrationvoice.org/forum/showthread.php?t=5935&page=40
Hi July 2 filers any update I did not get any ........
How much more time for checks to en cash and what about the receipts .......
And what is the NSC to TSC trasfers, when is that gonna happen ......
Hang in there guys & Maintain Hope - Plan for a Day off with your Client on Sep 18th at DC. The core and some folks are really working very hard for this Rally - Lets at least support them by attending.
Also Please look at the detailed discussion on other thread :-
http://immigrationvoice.org/forum/showthread.php?t=5935&page=40
Hi July 2 filers any update I did not get any ........
How much more time for checks to en cash and what about the receipts .......
And what is the NSC to TSC trasfers, when is that gonna happen ......
wandmaker
10-01 12:18 PM
I'm currently working for Company A on H1B Visa. My GC is sponsored through Company B as a future employee. I never worked for Company B which has sponsored for my GC. I have applied for I485 and I140 has been approved for more than 6 months.
Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.
Can i apply for H1B extension through Company A based on my I-140 from Company B.
Yes, it is legal, allowed, and possible
no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21
Incorrect
Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.
Can i apply for H1B extension through Company A based on my I-140 from Company B.
Yes, it is legal, allowed, and possible
no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21
Incorrect
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NolaIndian32
04-23 12:17 PM
Go to the web site http://www.cic.gc.ca/english/index.asp and review your different options.
You can immigrate base dupon family sponsorship, employment or just the point system without employment.
I qualified by point system without employment offer. You can take the test on line for free to see if you qualify by the point system.
Best of Luck
You can immigrate base dupon family sponsorship, employment or just the point system without employment.
I qualified by point system without employment offer. You can take the test on line for free to see if you qualify by the point system.
Best of Luck
more...
suavesandeep
10-02 02:00 PM
Milind,
We did the same for both me and my spouse. I think we applied on Sept 5. I got mine within a week. Its been more than a month and we have not received my wife's SSN. We did call SSA on Sep 22 and they said everything was fine and we should receive it soon, If we do not receive by the end of the month go again to the local office. Have not received it yet, So plan to go to the SSN local office again tomorrow. My guess is it could have got lost in the transit.
Hope this helps.
We did the same for both me and my spouse. I think we applied on Sept 5. I got mine within a week. Its been more than a month and we have not received my wife's SSN. We did call SSA on Sep 22 and they said everything was fine and we should receive it soon, If we do not receive by the end of the month go again to the local office. Have not received it yet, So plan to go to the SSN local office again tomorrow. My guess is it could have got lost in the transit.
Hope this helps.
jase21
01-12 04:06 AM
Ok. Thanks.
more...
Counterproductive
10-26 03:50 PM
2gether was a tv show. A parody of a boy band.
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leonqiu
03-06 01:37 PM
Gurus, business in my company is getting really slow and everyone is saying that some sort of lay-off is imminent. Although I am actively looking for new job, I find that the timing issue is hard to deal with.
My question is that: in the event of lay-off or firing and I don't have a new job lined up for me, do i have some "buffer" time to keep searching and landing for a job? Or do I immediately loose status?
I remember I read some guidances on this in this forum, and will be grateful if someone can point me to the right thread.
Thanks,
My question is that: in the event of lay-off or firing and I don't have a new job lined up for me, do i have some "buffer" time to keep searching and landing for a job? Or do I immediately loose status?
I remember I read some guidances on this in this forum, and will be grateful if someone can point me to the right thread.
Thanks,
more...
eb3India
08-22 09:38 AM
I have been following IV ever since itz inception and I really appreciate all the efforts by volunters.
However, I feel we have up-hill battle in this current political and economical situation and we need to re-think about startergies and solving current retrogession.
I just want initiate brainstorm, I am not sure if these ideas are discussed before,
Having seen how CIR bill is killed in House, I am very doubtfull about SKILL bill getting passed in house.
getting any pro-immigration (legal/illegal) is a long processes, so can we need to focus on what we can do to reduce the retrogression within current legal framework
like
lobby senators to enforce USICS on following
- Reduce time taken for Security Checks
- Try to consider 245i cases in a different catagory than EB3
- Try recapture unused visa numbers from 2003-04-05
- issue EAD/AP for three years
- remvoe per country quota
- allow to apply for I485 if I140 is approved, ( I know this is controvesial but we can try)
These simple things could reduce retrogression if not completly resolved
However, I feel we have up-hill battle in this current political and economical situation and we need to re-think about startergies and solving current retrogession.
I just want initiate brainstorm, I am not sure if these ideas are discussed before,
Having seen how CIR bill is killed in House, I am very doubtfull about SKILL bill getting passed in house.
getting any pro-immigration (legal/illegal) is a long processes, so can we need to focus on what we can do to reduce the retrogression within current legal framework
like
lobby senators to enforce USICS on following
- Reduce time taken for Security Checks
- Try to consider 245i cases in a different catagory than EB3
- Try recapture unused visa numbers from 2003-04-05
- issue EAD/AP for three years
- remvoe per country quota
- allow to apply for I485 if I140 is approved, ( I know this is controvesial but we can try)
These simple things could reduce retrogression if not completly resolved
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go_guy123
04-11 11:12 PM
Can any one please guide me that how to file complaint to DOL against his body shopper?
http://www.dol.gov/esa/whd/forms/fts_wh4.htm
http://www.dol.gov/esa/whd/forms/fts_wh4.htm
more...
jumanji4u
03-23 09:30 AM
Hi immigration Gurus,
I am in kind of situation where I need the guidance from the experts and knowledgeable . I was working for a company A(IT Product development company) who filed my GC around FEB 2007 in EB2, Aug 2007 filed my I140 and I485 concurrently, In Oct 2008, I left the A Company and moved to Company B on H1B,the company B immigration lawyers did not file AC21, as there reason was we don't want to get unnecessary attention on the GC process and told if any any RFE we will look at it, right now I got a good offer with Company C and have to move for a better medical insurance. Looking at the GC Labour petition, it is given as a product manager with the Company A and the OES code is pointing to some manufacturing production manager as there is no such as product manager in the computer OES code. Right now the company C I am moving is a Technical Lead position, so how to go about or is there any advice for this, if I am moving on the EAD and how to file the AC21 so that I don't get any RFE.
Your guidance is greatly apprecaite.
Thanks,
Jumanji
I am in kind of situation where I need the guidance from the experts and knowledgeable . I was working for a company A(IT Product development company) who filed my GC around FEB 2007 in EB2, Aug 2007 filed my I140 and I485 concurrently, In Oct 2008, I left the A Company and moved to Company B on H1B,the company B immigration lawyers did not file AC21, as there reason was we don't want to get unnecessary attention on the GC process and told if any any RFE we will look at it, right now I got a good offer with Company C and have to move for a better medical insurance. Looking at the GC Labour petition, it is given as a product manager with the Company A and the OES code is pointing to some manufacturing production manager as there is no such as product manager in the computer OES code. Right now the company C I am moving is a Technical Lead position, so how to go about or is there any advice for this, if I am moving on the EAD and how to file the AC21 so that I don't get any RFE.
Your guidance is greatly apprecaite.
Thanks,
Jumanji
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mdmd10
07-24 04:57 PM
My attorney signed my I-485 AOS/EAD/AP applications and posted them on July 2nd as he was in a hurry to apply because of July 2nd scenario. Is it ok for the attorney to sign our papers. Is anybody in the same boat as me. I am a little concerned as the USCIS FAQ says application can be rejected if signature is missing. The application reached USCIS on July 3rd.
Yes it is ok for Attorney to sign the papers. Did you authorize them to sign on your behalf?
Yes it is ok for Attorney to sign the papers. Did you authorize them to sign on your behalf?
more...
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EkAurAaya
11-12 04:23 PM
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
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nat23
07-12 09:23 AM
bumping up
If you get fired you will loose your H1 status but can definitely change your status to H4. However, you will be subjected to the cap if you want to come back on H1 unless you find a job with a non-profit org.
If you get fired you will loose your H1 status but can definitely change your status to H4. However, you will be subjected to the cap if you want to come back on H1 unless you find a job with a non-profit org.
more...
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nashim
07-10 01:41 PM
you need to check VFS site every day/hour, if you are lucky, you might get one if some one cancel any appointment
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rajmehrotra
10-19 09:46 AM
one will get GC awarded if he crosses border illegally and becomes a victim.
This is insane.
http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa
Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?
The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.
This is insane.
http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa
Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?
The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.
more...
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newfoundland
08-24 06:51 AM
Hi,
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
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anyluck?
06-19 02:36 PM
Thanks for the reply.
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geniousatwork
05-15 07:58 PM
^^^^^
amitjoey
03-06 01:32 PM
Friends,
A unique situation -
I am getting ready to apply for my wife's AOS (ROW). She has never used a last name on any legal documents, example birth certificate, passport.
Her H4 visa was processed with "FNU" - family name unknown .. Do I need a last name for filing her I-485? Can she get a GC with only her first name on it?
Or will they process it with FNU as last name...
Should i go to her embassy (Indonesia) and get her passport changed to my last name before applying for her 485? In that event, her H4 visa,passport and birth certificate will not match her passport..
Any thoughts on my situation?
I guess, nobody really knows the answer. If she does not have a last name and all she uses is her first name, it should be alright. Since all her legal documents- Birth certificate, Passport, DL, Bank Statements have this legal first name only. If she now wants to use your family, last name after getting married, that could also be done. You should really consult your lawyer on this one. Please do not use any advice from this forum as legal or valid.
A unique situation -
I am getting ready to apply for my wife's AOS (ROW). She has never used a last name on any legal documents, example birth certificate, passport.
Her H4 visa was processed with "FNU" - family name unknown .. Do I need a last name for filing her I-485? Can she get a GC with only her first name on it?
Or will they process it with FNU as last name...
Should i go to her embassy (Indonesia) and get her passport changed to my last name before applying for her 485? In that event, her H4 visa,passport and birth certificate will not match her passport..
Any thoughts on my situation?
I guess, nobody really knows the answer. If she does not have a last name and all she uses is her first name, it should be alright. Since all her legal documents- Birth certificate, Passport, DL, Bank Statements have this legal first name only. If she now wants to use your family, last name after getting married, that could also be done. You should really consult your lawyer on this one. Please do not use any advice from this forum as legal or valid.
prasadn
05-04 02:24 PM
My cousin has I-20's from Universities A and B.he got F1 Visa with University A's I-20.
He is in India and he wants to go to University B.
Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?
does it create any problems at Port of Entry ?
PS: I have not started GC process yet. So, I didn't update my profile.
I believe you coud've done that before the introduction of the SEVIS system. Now you will have to first report to the university that you got the visa for, and then fill out a new SEVIS form and then change to another university.
He is in India and he wants to go to University B.
Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?
does it create any problems at Port of Entry ?
PS: I have not started GC process yet. So, I didn't update my profile.
I believe you coud've done that before the introduction of the SEVIS system. Now you will have to first report to the university that you got the visa for, and then fill out a new SEVIS form and then change to another university.
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