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 house couples holding hands.
gcformeornot
01-20 01:19 PM
filing. Only old employer or his lawyer can get information.
I have seen people using FOIA to get 140 info... but it takes longer time....
I have seen people using FOIA to get 140 info... but it takes longer time....
Immqry
10-11 12:44 PM
Hi,
My I-485 AOS thru my Husband's I-140 is pending right now.
Recently My sister's Approved I-130's priority date is Current, So now I Can file for AOS thru my Sister's I-130 also.
My question is :
Which is better Interfile or new filling ?
What are the advantages and dis-advantages of both ?
If I go for Interfiling and If My Application is not approved thur one track (I-130 / I-140) will my application be pending for another track ?
Thanks
Immqry
My I-485 AOS thru my Husband's I-140 is pending right now.
Recently My sister's Approved I-130's priority date is Current, So now I Can file for AOS thru my Sister's I-130 also.
My question is :
Which is better Interfile or new filling ?
What are the advantages and dis-advantages of both ?
If I go for Interfiling and If My Application is not approved thur one track (I-130 / I-140) will my application be pending for another track ?
Thanks
Immqry
2011 Island Sunset Island Sunset
PDOCT05
11-15 05:07 PM
I am also in the similar situation.....i did resubmitted my application on NOV 1st...still waiting for receipts.
more...
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.
vinzak
11-10 03:47 PM
Sorry, couldn't help but ham some more....
yeh case hindustan(aur china) ke kamzor aur sataaye logon ka hai...aaj unke nazarein aap par hai.. aap par, ke aap unko kya dete hain...GC yaa TAREEKH? :)
yeh case hindustan(aur china) ke kamzor aur sataaye logon ka hai...aaj unke nazarein aap par hai.. aap par, ke aap unko kya dete hain...GC yaa TAREEKH? :)
more...
natan
09-10 12:32 AM
Hello gurus,
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
2010 images a couple holding hands
amsgc
06-20 11:25 AM
Those who are trying to become a member of any state chapters, please post your requests here. Someone will get in touch with you.
more...
rb54321
07-27 08:41 AM
Hi,
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!
hair A Key West Sunset
billu
05-25 08:01 AM
i enetered US on h4 visa in sept. 2007. got h1b and started working on h1 in october 2008. was laid off in nov 2009 and my husband promptly filed my h4 and got approval in march this year. now another employer has filed for my h1b visa. do I need to wait for h1b approval notice since I am on h4 visa or can I start working as soon as the company receives the receipt notice?thanks for your answers.
more...
alterego
06-23 08:45 PM
Bestin,
I recently discussed this issue with a couple of people in southwest Michigan, in jobs and contract positions with Whirlpool corporation. I am not sure if that is where the interest is coming from, but it is quite possible. They are new blood and did not even know this organization existed and that it was instrumental in last years VB reversal. I offered to meet with a larger group of them and give a talk but asked one specific senior employee there to network and find out the potential interest of potential members. I shared with him the link to this website. I was told there are up to 50 members in various stages. Not sure how many would be interested, but....there is a pool we can tap into in one location.
There are a number of foreign nationals of many countries that work here too who are in the EB queue. Hopefully this can give a new impetus.
I recently discussed this issue with a couple of people in southwest Michigan, in jobs and contract positions with Whirlpool corporation. I am not sure if that is where the interest is coming from, but it is quite possible. They are new blood and did not even know this organization existed and that it was instrumental in last years VB reversal. I offered to meet with a larger group of them and give a talk but asked one specific senior employee there to network and find out the potential interest of potential members. I shared with him the link to this website. I was told there are up to 50 members in various stages. Not sure how many would be interested, but....there is a pool we can tap into in one location.
There are a number of foreign nationals of many countries that work here too who are in the EB queue. Hopefully this can give a new impetus.
hot couple holding hands in sunset
amicable
06-21 06:12 PM
Hi, I recently got married to an American Citizen. I am Canadian citizen and on travel visa here. I filed my I-485 jut last week. My question is how long does it take to get permanent resident approval?
more...
house Sunset, Holding Hands,
MOONNLIGHT
12-09 06:22 PM
I was born in Bangladesh and during my childhood I moved to India. In all my documents like school leaving certificate and Indian passport, the birth place is mentioned as India. I do not have any birth certificate either from Bangladesh or India and my plan is to use affidavit and non-availability certificate in lieu of birth certificate issued from municipality or other authorized body. In my entire US visa processing documents and petitions like H1B, I-140 etc. my birth places is mentioned as India. Can I still claim Bangladesh as the chargeable country for the purpose of visa allocation during the I-485 stage? If I claim Bangladesh to be my country of birth, will this be viewed as if I have provided wrong information in my earlier petitions? What could be other consequences?
tattoo Lovers Holding Hands Sunset.
roseball
07-26 09:03 PM
Hi All,
My 6th year finishes October 2010. My LC is pending for more than one year. If I transfer my H1B from Company A to Company B, Can I get 7th year extension with Company B based on pending Labor with Company A?
Thanks
Yes, company B can file for extension of your H1 for 1 yr by attaching proof of labor filing showing it has been filed and its pending for more than an year.
My 6th year finishes October 2010. My LC is pending for more than one year. If I transfer my H1B from Company A to Company B, Can I get 7th year extension with Company B based on pending Labor with Company A?
Thanks
Yes, company B can file for extension of your H1 for 1 yr by attaching proof of labor filing showing it has been filed and its pending for more than an year.
more...
pictures couple holding hands in sunset
dummgelauft
10-30 12:00 PM
Let that Champagne sit in the chiller for while. These numbers are a blip on the RADAR. Don;t expect some real job creation 'tll 2011 (or later). The private sector has to start spending and creating wealth. Government spending never causes any growth. We have all seen what Indian economy was like, in early 1990's and before that, with Government runnig it.
Key to robust growth is a healthy private sector.
Key to robust growth is a healthy private sector.
dresses Couple Holding Hands at Sunset
knacath
10-10 12:07 PM
My wife had the same situation - was going to be out of town on the scheduled day. She went to the Dallas office on a Wednesday or Thursday and explained the situation to them. They said they were busy that day and said she had upto 89 (?) days to do it. They said she could walk in on any Saturday within that time frame. They also said that there was no need to reschedule. Sure enough, she went in on a Saturday 2 or 3 weeks after the scheduled date and they took her fingerprints.
more...
makeup Sunset. holding hands
vin13
03-23 10:58 AM
Hi,
Although my EAD has been approved long back, I haven't actually received the actual EAD card in hand because of an address related glitch. It is said they will re-send, but the delay is unbelievable. I have the A# from other correspondences.
Under the circumstances, can I apply for a AC21.
Thanks,
Soumya
Please update your profile.
thanks
Although my EAD has been approved long back, I haven't actually received the actual EAD card in hand because of an address related glitch. It is said they will re-send, but the delay is unbelievable. I have the A# from other correspondences.
Under the circumstances, can I apply for a AC21.
Thanks,
Soumya
Please update your profile.
thanks
girlfriend holding hands at sunset.
dealsnet
04-01 04:18 PM
My relative tried to get visit visa from Kuwait. He was there on visit. Embasssy rejected the petition and told him to go India and get the visa. Eventually he got it in Madras. Only residents can appear for visa interview. (residents means, locals or, those have employment or dependant visa and stamped residence in passport).
If they are staying on a resident or employment visa in UAE they have to apply at the US Embassy in Dubai. If they are on a visit visa in UAE, they have to apply at the appropriate US Consulate in India.
If they are staying on a resident or employment visa in UAE they have to apply at the US Embassy in Dubai. If they are on a visit visa in UAE, they have to apply at the appropriate US Consulate in India.
hairstyles Two People Holding Hands In
NNReddy
07-06 11:31 AM
Did anyone apply for visitor visa extension on medical grounds
bkshres
10-07 10:32 AM
Hi,
I filed my EAD and AP renewal on Sept 17 (20 days) ago but still I haven't heard received neither receipt notice nor my check being cashed. Is there anything we can do to find out about the receipt notice? Fedex tracking shows the mail being already delivered. I am currently working on EAD and recently used AC21 to switch the company so EAD is very important to me.
Please provide your feedback and if anyone is having same delays in getting receipt notice for EAD / AP.
Thanks,
BK
I filed my EAD and AP renewal on Sept 17 (20 days) ago but still I haven't heard received neither receipt notice nor my check being cashed. Is there anything we can do to find out about the receipt notice? Fedex tracking shows the mail being already delivered. I am currently working on EAD and recently used AC21 to switch the company so EAD is very important to me.
Please provide your feedback and if anyone is having same delays in getting receipt notice for EAD / AP.
Thanks,
BK
raju6855
01-19 12:10 PM
Hello
My wife went for H4 interview on 1/11 and she was asked 3-4 basic questions and her passport and original I-539 was taken. There was no other communication give to her and/or any colored slip given to her.
She has AP and 485 filed but AP didn't come through and she has receipt for both, but VO at delhi didn't look at them.
Its been over 6 business days and no information of passport yet.
We called up consulate and they say its still in processing.
I have read in prior forums with "PIMS", is this delay because of it?
Did someone else had similar experience at Delhi and how long did it took for the passport to arrive.
Sort of quite worried seeing others post that its taking 4-5 weeks for some, but H4 it really shouldn't be that much....
Thx
My wife went for H4 interview on 1/11 and she was asked 3-4 basic questions and her passport and original I-539 was taken. There was no other communication give to her and/or any colored slip given to her.
She has AP and 485 filed but AP didn't come through and she has receipt for both, but VO at delhi didn't look at them.
Its been over 6 business days and no information of passport yet.
We called up consulate and they say its still in processing.
I have read in prior forums with "PIMS", is this delay because of it?
Did someone else had similar experience at Delhi and how long did it took for the passport to arrive.
Sort of quite worried seeing others post that its taking 4-5 weeks for some, but H4 it really shouldn't be that much....
Thx