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Friday, June 24, 2011

Curtis Stone

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  • kevinkris
    07-29 10:34 PM
    Hi All,

    We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
    We are planning to go in August 2007 itself.

    Lets say if our h1 extension is rejected or some issue what will be our status?
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    I heard that mexico has different rules?

    Thanks for your help.





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  • GCwaitforever
    02-09 05:50 PM
    If you could customize it to let people tell their own life stories, that would be great. I am mailing my letter tonight.


    To

    Mr. John Beverly
    Director, Foreign Labor Certification Program
    200 Constitution Ave NW, room C4312
    Washington, DC 20210

    Mr. Beverly,

    [Block A: Filler] with model text by the side ....
    [Model text:
    I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]

    Block B:
    Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
     Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
     FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
     There is a complete lack of transparency and answerability from a public agency like BEC.
     The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
     The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
     The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.

    All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
     Why FIFO has not been implemented?
     How many people are working on adjudications?
     What are the criteria for picking up a case for processing?
     Why are there differences in procedures between Dallas and Philadelphia BECs?
     How many cases have been adjudicated so far?

    Block C:[Filler]
    [Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]

    Respectfully,

    ------------------------------------------------
    xxxx





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  • sri1309
    09-17 07:31 AM
    Infopass would not hurt.....so just take Infopass to ease ur mind. Explain to the IO ur exact situation & ask them to confirm if ur 485 is ok. u will have the answer from the horse's mouth/

    I would infopass and make sure everything is right. Its good to make sure everytihing is set right, to have peace of mind later, even if it takes to pay some money to an very good attorney (just in case your guys isnt very good)
    Sri.





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  • desi3933
    06-10 04:53 PM
    Hello Attorney,
    .......
    .......
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.


    It is 30 days since the posting of this question, and not a single reply from any attorney.

    Let me repeat my understanding on this question -

    ----------------------------------------------------------------------
    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
    --------------------------------------------------------------

    Have a good day!


    ______________________
    Not a legal advice
    US citizen of Indian origin



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  • dontcareanymore
    08-24 12:44 PM
    I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.

    Is this normal? Is there something i need to worry about?

    My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status

    My supervisor called back but went to voicemail and left a general message

    Good for you that your case is straight forward , you were never out of status and you are indeed working for the company that had sponsored your GC. It is good for every one that they are trying to weed out the bad apples. That would mean , speedier movement of dates for genuine cases :)

    Nothing to worry if your case is clean. There were couple of other similar on site interviews as reported earlier on this forum..





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  • Ramba
    05-01 11:42 AM
    Thats exactly my plan. It will be accompanied by covering letter, a spreadsheet and a recommendation.
    I will be sending mainly to DOS , DHS and USCIS

    First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.



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  • ksircar
    07-30 08:39 PM
    As far as I know your son is safe as I485 has already been filed. I had a similar situation with my daughter, she became 21 only yesterday, but I filed her I485 on June 25 and according to my attorney, she should be fine.





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  • digmetalq
    04-23 03:29 AM
    Tell your employer that you need a second opinion, consult with a reputed lawyer, and then choose your options.



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  • yabadaba
    11-19 05:08 PM
    Looks like this is the system that USCIS has been saying they are working on to identify pending cases.

    Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?
    maybe u should write to the ombudsman and let them know that its not fair for people who dont have aila attorneys.





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  • kaisersose
    08-29 09:22 PM
    Un"un: Unknown :)



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  • chil3
    08-24 12:40 PM
    yes my date is eb3 jan 2007...I think this is part of the whole pre approval thing

    I work for University since 2002 with very straightforward case hence suprised

    ok..here is part 2.

    Employer was able to speak to USICIS officer. He asked

    whethere

    1) I was contractor
    2) from when I was employed
    3) Work timings
    4) exact office Location

    my supervisor asked why all these questions about location and timing they said they will do a site visit

    I feel if my app can trigger this than any other app could...

    The USICs is just getting crazy with all the bueracacy crap

    USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification





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  • prinive
    03-27 07:03 PM
    :rolleyes:



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  • neel_gump
    01-29 11:51 AM
    no OCI for minor kids...you can get more info @ http://www.indianconsulate.com/





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  • transpass
    08-14 01:18 PM
    But i noticed, All approved cases are clear, means no RFE in any stage.

    I don't know about that...Cases can be approved after RFE...Some cases might have been that way...Who knows? But I have not seen postings with approvals after RFE though over the past few days...



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  • ras
    05-24 12:17 PM
    EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.

    Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.

    The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.

    Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..

    Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.

    Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...

    If anyone knows more or can confirm this, that would help...

    Thanks!

    --Karthik


    Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?

    I think u need to start afresh a new one only if you are out of country for one year.

    Folks, if any one has done this please corraborate





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  • skv
    08-30 05:09 PM
    Congratulations, my friend! :)



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  • simplistik
    03-09 12:15 AM
    LoL... mlk I just took a real look at your site and I noticed at the bottom you have all those little links... it looks like those links are supposed to be referencing the boxes they are in. So like Tekken, is an investor... Alicia Keys is a privacy policy...

    :lol:

    Also, the arrows pointing up make no sense... they should be pointing down as they are pointing to nothing :D





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  • raamskl
    07-22 09:43 PM
    Read the last paragraph here:

    http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf

    Thanks for the link. That clarifies that the new package fee of $1010 encompasses the EAD/AP renewal for the life of 485. If one had used the old fee structure then the new fee for I 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305.

    I would think that if you pay $645 (EAD and AP) for the renewal that would also be good for the life of the 485, though the link doesn't explicitly state that. Does anyone have any more info on that?

    Thanks.





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  • sanju
    01-26 02:12 PM
    Lonjourney,

    Any update, what did your lawyer say? What did you end up doing?





    webm
    06-12 01:36 PM
    Can someone confirm that if you file I-485 with old fee system and pay for the new fee when you renew EAD and AP, do you still need to pay again on your 2nd time renewal ?

    I paid 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305

    ---------------------
    485 filer- June '2007





    pmat
    08-30 04:57 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.

    Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!


    thanks
    babu


    Congratulations ;)... Thanks for continuing to support IV.



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