mbawa2574
02-21 01:30 PM
Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.
:-)
:-)
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achu
01-26 11:45 AM
I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humougous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!
Well Said. Others please share your thoughts.
Well Said. Others please share your thoughts.
chanduv23
01-05 12:03 PM
Is Eb3 --> Eb2 porting a wide spread phenomina?
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
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Blog Feeds
08-31 09:40 AM
USCIS has released a new interim memo which clarified the method of analysis by USCIS officers that they must use in adjudicating Form I-140, Immigrant Petition for Alien Workers, filed for 1) Alien of Extraordinary Ability EB1A cases; 2) Outstanding Professor or Researcher EB1B cases; and 3) Alien of Exceptional Ability EB2 cases. The requirements for these types of I-140 petitions have not changed but this new method of evaluating the merits of cases may adversely impact those applying for immigration in these categories. This interim memo is a response to the U.S. 9th Circuit Court of Appeals decision in Kazarian v. USCIS on March 4, 2010. In the Kazarian ruling, the court held that USCIS was being too strict in deciding EB1A petitions by requiring extensive citation evidence and specific types of peer review work in order to meet the EB1A criteria. However, the court did rule that USCIS could consider evidence such as extensive citations in making a final merits review of the case to determine whether an alien is at the very top of his or her field.
In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.
For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.
New Evaluation Process For EB1B Cases
For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.
Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.
More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)
In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.
For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.
New Evaluation Process For EB1B Cases
For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.
Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.
More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)
more...
yingli
08-27 01:42 PM
Thank you, Googler for the very useful links on how to respond to the government's motion to dismiss. Thanks to brb2 for your posts!
I am now researching all the links from the posts above. I may have further questions. Hope I can get your help again! Thanks to all of you who replied. It is great help and encouragement!
YL
I am now researching all the links from the posts above. I may have further questions. Hope I can get your help again! Thanks to all of you who replied. It is great help and encouragement!
YL
insbaby
11-11 12:36 PM
Priority Date Current: Curse or Boon ?
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
They will take the file based on the received date. But once the file is opened then you get the priority. It appears that they already started working on July 2007 files. So you will get anytime soon.
You have waited for 9 years, just extend H1B one more time and you will never have to do that.
Good luck.
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
They will take the file based on the received date. But once the file is opened then you get the priority. It appears that they already started working on July 2007 files. So you will get anytime soon.
You have waited for 9 years, just extend H1B one more time and you will never have to do that.
Good luck.
more...
anu_t
08-27 02:08 PM
The new job role must have a 50% different job duties and if it does have a requirement of EB2 then it is possible.
With the same job role it is not Possible .
With the same job role it is not Possible .
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beibei2929
05-15 02:22 PM
But you need a valid visa stamp to re-enter.
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
1) current visa stamp has already expired, so I have to apply for a new stamp(this is the key question: how long is the visa stamp? 3-moth or only till June 30?)2) the validity of new I-797 approval notice will till 2010. I guess it will be approved next month.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
1) current visa stamp has already expired, so I have to apply for a new stamp(this is the key question: how long is the visa stamp? 3-moth or only till June 30?)2) the validity of new I-797 approval notice will till 2010. I guess it will be approved next month.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
more...
Lasantha
07-05 10:45 AM
Hey Gurus,
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
I am no guru BUT ....
It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.
What do you think about EB3 ROW ?
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
I am no guru BUT ....
It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.
What do you think about EB3 ROW ?
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greatguy
08-24 05:08 PM
A potential employer has offered me to substitute 2001 EB3 labor. Would DOL accept unapproved labor substitution ? what is the probability of rejection (assuming there is very good match).
What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?
Incidentally, How many applications are there in the backlog processing center by priority year ?
What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?
Incidentally, How many applications are there in the backlog processing center by priority year ?
more...
roseball
04-03 12:23 AM
I opened a service request last week regarding the pending I 485 case. Today I got the following letter in mail. "We are actively processing your case. However we have to perform additional review on this case. Contact us after 6 months." . When I opened a SR last year I got the same response.
I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.
Yes, sending your case details to your senator would help. I would also take an InfoPass appointment and find out from an IO on what's actually holding up your case since your PD has been current for a while now. Good luck.
I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.
Yes, sending your case details to your senator would help. I would also take an InfoPass appointment and find out from an IO on what's actually holding up your case since your PD has been current for a while now. Good luck.
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delax
08-23 10:38 AM
Here's a killer.
- Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
- When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
- GC approved on Aug 9
- Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
- No idea where my EAD apps are!!! not that it matters
GAWD - Some serious system fixes need to be done at USCIS......
- Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
- When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
- GC approved on Aug 9
- Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
- No idea where my EAD apps are!!! not that it matters
GAWD - Some serious system fixes need to be done at USCIS......
more...
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swethanjit
08-25 08:37 PM
Hello Members,
Can someone please clarify my doubt below:
If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?
Thanks in Advance.
Swetha.
Can someone please clarify my doubt below:
If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?
Thanks in Advance.
Swetha.
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chantu
07-14 04:46 PM
Moved residence couple of weeks back. Changed address online for my 485 case and added for spouse and child as weel?
Is it ok to continue and add spouse and child cases for address change along with my case or do i need to start from scratch with their A numbers? Any idea.
It should be new procedure for each person.
Is it ok to continue and add spouse and child cases for address change along with my case or do i need to start from scratch with their A numbers? Any idea.
It should be new procedure for each person.
more...
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GcSTART1
07-02 04:40 PM
I don’t know if you already know this but
follow the link to find how many have been approved based on the receipt date how ever no reference if they are EB2 or EB3 but certainly they are very arbitrary, they are all randomly picked certainly not FIFO
http://www.immigrationwatch.com/router.jsp?action=mrt&table_name=IMMI_MRT_LINI140&batch_index=1&order_by=rd&total=70
follow the link to find how many have been approved based on the receipt date how ever no reference if they are EB2 or EB3 but certainly they are very arbitrary, they are all randomly picked certainly not FIFO
http://www.immigrationwatch.com/router.jsp?action=mrt&table_name=IMMI_MRT_LINI140&batch_index=1&order_by=rd&total=70
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ksnlp
05-05 10:00 AM
If AP is approved. You can travel out of country, Your husband can send it later to you.
But if AP document somehow missed in mail or never reaceived. Thats the problem.
But if AP document somehow missed in mail or never reaceived. Thats the problem.
more...
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Lynx
04-28 10:52 AM
Ironikart got my vote :) It looks so funny and like a real toy, I like it :P
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ngopalak
05-22 08:39 AM
Sounds like a great positive move with Patton Boggs
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FUNTIMES
04-15 09:55 AM
I am also having the same issue. My return has been rejected twice already.
Jaime
09-18 10:16 PM
We saw many toddlers and older kids! Brave little ones!!!
By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!
By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!
StuckInTheMuck
07-17 07:46 AM
3 weeks seem to be still in the ballpark. Took about that long to get my FP notice too. Did you e-file? Paper-filers do not get FP notice.
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