benbear
10-03 08:18 PM
http://www.lewslaw.com/US_Immigration_Updates.htm#10022007a
At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.
Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.
Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.
USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.
A Biometrics notice will be issued even if a visa number is not available at the time.
At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.
Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.
Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.
USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.
A Biometrics notice will be issued even if a visa number is not available at the time.
wallpaper Photo: Rosie Huntington
Berkeleybee
04-12 02:20 PM
In the last few weeks, as we worked to get our amendments in, USINPAC (http://www.usinpac.com/) has proved to be a tremendously important ally.
Read our joint press release (http://immigrationvoice.org/index.php?option=com_content&task=blogcategory&id=15&Itemid=43).
We view their continued support as critical to our efforts once the Senate returns from recess.
Read our joint press release (http://immigrationvoice.org/index.php?option=com_content&task=blogcategory&id=15&Itemid=43).
We view their continued support as critical to our efforts once the Senate returns from recess.
Blog Feeds
03-26 08:30 AM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjc9SdwpsjjB9H3Cp2i4qg4EwiylxODscv_4WAfNvQ_wW8CNqzwsYmcyZ4NjqvLB8vf6qoVBLWbnmmQIqEQxg0xUa_JC6nDVTHx181jQ8LC9j7DWd6wI-2sjyMBbHrbiUIvOgAaXuEFG1vl/s320/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjc9SdwpsjjB9H3Cp2i4qg4EwiylxODscv_4WAfNvQ_wW8CNqzwsYmcyZ4NjqvLB8vf6qoVBLWbnmmQIqEQxg0xUa_JC6nDVTHx181jQ8LC9j7DWd6wI-2sjyMBbHrbiUIvOgAaXuEFG1vl/s1600/uscisLogo.gif)
DHS has publicized initiatives to enhance the E-verify program here. (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=70beadd907c67210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD) The initiatives include:
(1) a new agreement with the Department of Justice that will streamline the adjudication process in cases of E-Verify misuse and discrimination;
(2) an informational telephone hotline for employees to provide a more timely, effective and seamless customer experience for workers seeking E-Verify information; and
(3) new training videos focusing on E-Verify procedures and policies, employee rights and employer responsibilities in English and Spanish.
The DHS's fact Sheet answers questions such as when and why E-Verify will share information with DOJ, what information it will share, what videos are available and where, how the employee hotline will work, what issues it will address, etc.
For more information on E-Verify, see my prior blog posts here (http://martinvisalaw.blogspot.com/search/label/e-verify).
https://blogger.googleusercontent.com/tracker/2893395975825897727-4975328970061257470?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/dhs-plans-to-enhance-e-verify.html)
DHS has publicized initiatives to enhance the E-verify program here. (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=70beadd907c67210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD) The initiatives include:
(1) a new agreement with the Department of Justice that will streamline the adjudication process in cases of E-Verify misuse and discrimination;
(2) an informational telephone hotline for employees to provide a more timely, effective and seamless customer experience for workers seeking E-Verify information; and
(3) new training videos focusing on E-Verify procedures and policies, employee rights and employer responsibilities in English and Spanish.
The DHS's fact Sheet answers questions such as when and why E-Verify will share information with DOJ, what information it will share, what videos are available and where, how the employee hotline will work, what issues it will address, etc.
For more information on E-Verify, see my prior blog posts here (http://martinvisalaw.blogspot.com/search/label/e-verify).
https://blogger.googleusercontent.com/tracker/2893395975825897727-4975328970061257470?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/dhs-plans-to-enhance-e-verify.html)
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maverick_joe
01-22 05:35 PM
How long does it take to get a new SSN issued? Any one applied recently?
more...
martinvisalaw
09-10 02:42 PM
I would always go by the DOS website first. It looks like the consulate website confused India and China dates.
gcForV
07-19 10:57 AM
Thnx will let you know wht I did
more...
hydubadi
07-23 10:35 PM
Please, can some answer.:confused:
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Blog Feeds
11-01 09:10 AM
According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
more...
bugsbunny
05-16 03:10 PM
I read a few of the comments and quickly realized that its just trash
I refuse to post a comment when the caliber of people commenting on there is so low that they will gain nothing from my comments and only possibly use it to spread more hatred.
All they are doing is openly showing that they have no intelligence and are not worth the attention they get.
Why bother to comment when they can't finish a proper sentence without abusing. I got better things to do.
I refuse to post a comment when the caliber of people commenting on there is so low that they will gain nothing from my comments and only possibly use it to spread more hatred.
All they are doing is openly showing that they have no intelligence and are not worth the attention they get.
Why bother to comment when they can't finish a proper sentence without abusing. I got better things to do.
hair Rosie Huntington, the British
Kodi
03-10 04:06 PM
My experiance.... My 6th year on H1 expired beg Dec 2007. I applied for H4 Mid November 07 and haven't received a response yet. My attorney said as long as you file H4 before your H1 expire you're in status.
more...
kothari_rupesh
07-07 01:03 AM
^^^^^BUMP^^^^^ Please Anybody, time line with recent AP Approvals at NSC ?
hot Rosie Huntington-Whiteley
cox
February 18th, 2005, 12:16 AM
Agree, too much blue sky. This would be better with early or late light since midday sun doesn't do the clouds justice. Maybe a little more foreground foliage would help too. I'm not sure since I'm not much of a landscape photographer, but I am working on it, and those are some things I'm trying. :)
more...
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Blog Feeds
08-10 10:00 AM
The Department of Labor (DOL) issued new PERM FAQs (http://www.h1b.biz/lawyer-attorney-1135851.html) on August 3, 2010. The issues addressed by DOL in this round of FAQs include expedite requests, how to document the use of an employee referral program, unsolicited documentation and what constitutes a "business day" for purposes of posting the Notice of Filing. Within the FAQs, DOL states the following:
* Expedite Requests - DOL clarifies that the Office of Foreign Labor Certification (OFLC), as a matter of long-standing policy, will not accept requests to expedite PERM applications;
* Employee Referral Programs (ERP) - DOL states that an employer can document its use of an ERP with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered. The employer must document the existence of the ERP, and that its employees were aware of the vacancy of the specific position for which certification is being sought. This can be achieved through posting on the employer's website. However, the physical Notice of Filing shall not be sufficient for this purpose;
* Unsolicited Documentation - DOL emphasizes that if unsolicited documentation is provided to the OFLC in support of a pending PERM application, then the application will automatically be placed in the audit queue;
* Business Day - As part of the required recruitment procedures to support a PERM application, a Notice of Filing must be physically posted for 10 consecutive business days. The OFLC clarifies that for purposes of the Notice of Filing, a business day will be defined as Monday through Friday, except for Federal holidays.
If you need support with your PERM case, feel free to email me. (http://www.h1b.biz/lawyer-attorney-1111083.html)
More... (http://www.visalawyerblog.com/2010/08/perm_labor_certification_dol_p.html)
* Expedite Requests - DOL clarifies that the Office of Foreign Labor Certification (OFLC), as a matter of long-standing policy, will not accept requests to expedite PERM applications;
* Employee Referral Programs (ERP) - DOL states that an employer can document its use of an ERP with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered. The employer must document the existence of the ERP, and that its employees were aware of the vacancy of the specific position for which certification is being sought. This can be achieved through posting on the employer's website. However, the physical Notice of Filing shall not be sufficient for this purpose;
* Unsolicited Documentation - DOL emphasizes that if unsolicited documentation is provided to the OFLC in support of a pending PERM application, then the application will automatically be placed in the audit queue;
* Business Day - As part of the required recruitment procedures to support a PERM application, a Notice of Filing must be physically posted for 10 consecutive business days. The OFLC clarifies that for purposes of the Notice of Filing, a business day will be defined as Monday through Friday, except for Federal holidays.
If you need support with your PERM case, feel free to email me. (http://www.h1b.biz/lawyer-attorney-1111083.html)
More... (http://www.visalawyerblog.com/2010/08/perm_labor_certification_dol_p.html)
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Blog Feeds
08-09 09:50 AM
The local San Diego USCIS office suggests that certain remedies may be available for military families facing the problem of ineligibility to adjust status because of unlawful entry by a family member seeking adjustment of status. Most often the situation occurs when a United States citizen service member�s spouse entered without inspection and thus cannot adjust status. Current way to fix the status is via Ciudad Juarez waiver process (I-601 waiver application (http://www.visalawyerblog.com/2008/07/san_diego_immigration_attorney_4.html)).
One potential remedy is �Parole in Place,� where the District Director in San Diego, Mr. Paul Pierre, can parole the alien, who then will be eligible to adjust status. Paroling only cures the issue of admission or parole under INA � 245, not other inadmissibility issues. To seek Parole in Place, address the request to Mr. Pierre. Include the following:
1. Form I-131 (but it does not need to be paid for when applying)
2. Evidence of impending deployment
3. Proof of relationship of alien to the United States citizen service member
4. Evidence of hardship to the service member and how the situation affects the service member�s �readiness� to perform his or her mission in defense of the United States.
USCIS also has a program where I-601's will be adjudicated at the United States Consulate in Ciudad Juarez at the time of an immigrant visa interview for the relatives of service members. Mr. Pierre also has the authority to grant Deferred Action. (Regarding issues of admission for adjustment of status purposes, read Sum v. Holder, 602 F.3d 1092 (9th Cir. 2010).) (http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=gdjd&searchTerm=hZjH.ddSa.ZCaW.QabN&searchFlag=y&l1loc=FCLOW)
More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_attorney_29.html)
One potential remedy is �Parole in Place,� where the District Director in San Diego, Mr. Paul Pierre, can parole the alien, who then will be eligible to adjust status. Paroling only cures the issue of admission or parole under INA � 245, not other inadmissibility issues. To seek Parole in Place, address the request to Mr. Pierre. Include the following:
1. Form I-131 (but it does not need to be paid for when applying)
2. Evidence of impending deployment
3. Proof of relationship of alien to the United States citizen service member
4. Evidence of hardship to the service member and how the situation affects the service member�s �readiness� to perform his or her mission in defense of the United States.
USCIS also has a program where I-601's will be adjudicated at the United States Consulate in Ciudad Juarez at the time of an immigrant visa interview for the relatives of service members. Mr. Pierre also has the authority to grant Deferred Action. (Regarding issues of admission for adjustment of status purposes, read Sum v. Holder, 602 F.3d 1092 (9th Cir. 2010).) (http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=gdjd&searchTerm=hZjH.ddSa.ZCaW.QabN&searchFlag=y&l1loc=FCLOW)
More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_attorney_29.html)
more...
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chi_shark
07-29 04:11 PM
yes! thats what ac21 is for...
in my case, i talked to a lawyer before i did ac21. i will also talk to lawyer again if i change jobs again.
485 : Pending
140- Approved in year 2006
Current status: Working on EAD
I left my GC Sponsered company in Oct 2008 and started working on EAD.. >> Filled AC21 in N0v 2008 thru a consulting company >>
Got RFE on employment verification on May 2009.. replied and have no comments from USCIS yet.. (assuming everything is okay as their repsonse time 60 days elapsed)
Now got rolled out from project and no paycheck form since june 2009
and Now found a project but the vendor wont do corp-to-corp..but only W2...
THIS CASE CAN I JOIN WITH this Vendor ON W2 With out applying for one more AC21??
Appreciate your ideas.. thanks lot
in my case, i talked to a lawyer before i did ac21. i will also talk to lawyer again if i change jobs again.
485 : Pending
140- Approved in year 2006
Current status: Working on EAD
I left my GC Sponsered company in Oct 2008 and started working on EAD.. >> Filled AC21 in N0v 2008 thru a consulting company >>
Got RFE on employment verification on May 2009.. replied and have no comments from USCIS yet.. (assuming everything is okay as their repsonse time 60 days elapsed)
Now got rolled out from project and no paycheck form since june 2009
and Now found a project but the vendor wont do corp-to-corp..but only W2...
THIS CASE CAN I JOIN WITH this Vendor ON W2 With out applying for one more AC21??
Appreciate your ideas.. thanks lot
dresses Rosie Huntington Whiteley
redelite
10-06 10:18 AM
Fun fun. Congrats man! That contest was pretty fun. Good job everyone on all the smileys, thanks to all the judges and people that voted me in the top 3 and thanks to Kirupa for the contest.
more...
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singhsa3
04-24 08:34 AM
What was your I-485 receipt date (Note: I am not asking for your PD)
Guys,
I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
Do you recemmend me to call service center or go for infopass?
Thanks.
Guys,
I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
Do you recemmend me to call service center or go for infopass?
Thanks.
girlfriend 2010 Rosie Huntington-Whiteley
zCool
05-08 02:51 PM
I came across racist past of Senator Jeff sessions...
This should serve as a warning to those innocent among us who think his new-found love for point-based system is anything but another ploy by racist southern republican to deny, stall, delay anything that might benefit anyone of slightly colored skin!!
BEWARE.. Jeff Sessions == NOT A FRIEND OF US!! no matter how many ways he dresses up.. he's Anti-minorities and anti-immigrants..
http://mulejockey.com/?p=100
http://www.tnr.com/doc.mhtml?i=20021230&s=wildman123002
High time we realize those who should be avoided and not given time and effort.. these folks have their mind made up..
This should serve as a warning to those innocent among us who think his new-found love for point-based system is anything but another ploy by racist southern republican to deny, stall, delay anything that might benefit anyone of slightly colored skin!!
BEWARE.. Jeff Sessions == NOT A FRIEND OF US!! no matter how many ways he dresses up.. he's Anti-minorities and anti-immigrants..
http://mulejockey.com/?p=100
http://www.tnr.com/doc.mhtml?i=20021230&s=wildman123002
High time we realize those who should be avoided and not given time and effort.. these folks have their mind made up..
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cel_tic
08-16 02:27 PM
Hello,
I need an urgent information. My visa stamping in my passport got expired, but I have valid I-797 document. I am planning to have my visa restamping in India. I came to know that with expired visa stamp we can not travel via UK and France. Can you please advice if I can travel via Frankfurt, Germany? or do I need to get a Transit Visa.
Anyone who has travelled through Germany with expired H1B visa stamp?
I have to travel within a week and I would appreciate your advice.
TIA
I need an urgent information. My visa stamping in my passport got expired, but I have valid I-797 document. I am planning to have my visa restamping in India. I came to know that with expired visa stamp we can not travel via UK and France. Can you please advice if I can travel via Frankfurt, Germany? or do I need to get a Transit Visa.
Anyone who has travelled through Germany with expired H1B visa stamp?
I have to travel within a week and I would appreciate your advice.
TIA
wandmaker
02-25 03:49 PM
Immigration law is federal law. You can work with a good attorney anywhere in the country via fax, phone and email.
You are right - based on my personal experience, Like Doctors, it is always good to have an attorney physically reachable; it will be handy when the need arises. I guess, the OP is looking on similar lines.
You are right - based on my personal experience, Like Doctors, it is always good to have an attorney physically reachable; it will be handy when the need arises. I guess, the OP is looking on similar lines.
ufo2002
10-10 12:30 PM
Should be out by at latest the 15th... the bulletins in the past have been released in a range between 5th to 15th of the month.
I think with the Columbus Day holiday recently, they might take an additional day to release.
I think with the Columbus Day holiday recently, they might take an additional day to release.
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