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Additional Resources to Eliminate Backlog by Sep 2007

The DOL reports that they are "scaling up" resources dedicated to the elimination of backlog cases. Their stated deadline for eliminating the backlog is September 30, 2007. Based on what we at the Murthy Law Firm are experiencing, they are going to have to really increase their efforts, particularly in Pennsylvania, to meet this goal. They note that the work at the BPCs cannot be compared to the PERM case processing, since backlog cases receive full review, whereas the PERM cases are based upon attestations and primarily are technology-driven.

I had a interview in Feb 2009 , keep all the documents ready. Your wife and youself can go at the same time.

1) Marriage certificate( If ur married :-))
2) All your transcripts for your schools
3) Passports
4) H1-B, EAD, AP copies, I-485 receipt # copies.
5) Any other communications you had with USCIS copies of it.
6) W-2 for last 3 yrs( if you have them), pay slips.
7) Employment letter from your employer
8) AC-21 etc.
9) Copies of your utilities bill, mortgage/lease papers.
10) Birth certificate of all applicants.
11) Family photos etc ( optional).

Interview will be in the 2nd floor not more than 20 or 25 mins. Take an lawyer/attorney with you if necessary.

Thnks

Raama,

There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.

Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.

Hope this helps,

Ann

I am sorry for what you are going through.

What the heck is going on with the USCIS? It's seems like we are seeing too many denials without any RFEs nowadays!

Dosen't matter if you are on H1 or EAD documents to be sent for AP are same. Here is my list. Pls also check other posts to get a second opinion.

- A letter requesting AP explaining why you want to travel.
- $305 check
- Copy of I-140 approval
- Copy of I-485 receipt notice
- Copy of EAD
- 2 photos
- Any previous H1 approvals if applicable (dosen't hurt to include)

The reason for denying visitor's visa depends from person to person. If a person is young then they have a lot more burden of proving that they will return back to their homeland than say parents of someone whose son / daughter is here.

Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.

Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.

And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.

Have you had a chance to contribute as yet? if NOT please do so soon.
IV needs funds for lobbying efforts

thank you


I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)

(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.


So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

So all the I-140 filed on of before Effective date are considered as pending!!

I don't know why even lawyers are getting confused here!:confused:

Thank you all for your answers, and we could agree that there is not a clear straightforward guideline regarding the AC21. So I have the following doubts:

1- I really am not worried about the salary part, since the OCC code that the USCIS allocated for my labor certification pays in the area that I intend to work the same salary that their statistics show so that is fine. About the salary issue I talked with a couple of lawyer already,.

2- This is what I am concerned and is about the experience part. I read online that for porting a labor (or some situation of the kind before filing I-485) that you cannot use the experience gained on the labor sponsoring company but you could use anything before that employer.

Here is the question I have regarding that frozen experience clock:
a- Before coming to US I had 5 ys expeirence
b- WIth first H-1B sponsor company I worked 3 ys in U.S. until end of 2003
c- I joined my current employer B on H-1B and worked there all 2004 and they filed for labor in Feb 2005. So my question is.. as previous experience

I know I can count the three years with employer A since no labor there, but with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.

Hello Gurus,

I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

Thanks in advance.

--Srinivas

There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.

There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.

Texas has joined the bandwagon. Starting 10/1 anyone other than Perm Residents and Citizens will have to show proof of legal residency and will only be issued a 1 yr license that will look different from everyone elses. Seee details in the link below


http://www.chron.com/disp/story.mpl/front/6047852.html

I never clone imperfections on flowers...I do on faces , though. :)

SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________

1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

� However, there MUST be an approved I-140 to access this benefit.

� This benefit does not apply to dependents who have reached 21.

2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

(b) 365 days or more have passed since the filing of an EB immigrant visa petition.

� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

Are you advertising your Law Office on the message board...????

I've updated the guidelines to reflect these two issues.

I put the gradient as a color thing, but I'll clarify in the guidelines that background colors are cool.

glos - AS2 is fine as well :)

newbie2020 has taken the initiative of arranging the first conference call which was well received among the members. And one of the points he mentioned in the meeting is worth noting here.

People who are driven towards entrepreneurship have expertise in one or the other field. However they may be looking for help in fields other than their area of expertise. That is where IV members can help each and build their successful businesses.

For example, some of us may be experts in IT, few in Accounting, few in Marketing, few legal, few finance, etc. And a startup/business needs all these to become successful. That is where we can help each other and grow the businesses. And this is one intention behind starting the IV Entrepreneur yahoo group.

My 2 cents.

If you employer accepts or lawyer accepts the porting the date then your friend can apply the EB2 priority date to EB3 date.

Means he/she can get EB2 with 2002. As per my knowledge it is possible. But please dont ask me the document. Check with google or some website for document.

Thanks.

Yes you will still fall under July ..
The dead line is 17 Aug ...

please do sign up for monthy contributions :)

Hi,
Our 485 is pending for quite some time with no updates even though we recently went for our FP. Earlier we used to see an update when we log into our account on USCIS.

I would like to meet with Congressman/Senator to find my case status and give it a push. My objective is to get an exact status of my case and why its delayed and also to find the name check status.

Could anyone please suggest how to go about this i have never met with lawmakers before. How should i book an appointment and what should i say it is for? What information they would need from me to pursue my request?

Btw i live in Northern Virginia .. who should i visit ?
Would i be meeting with lawmaker or only with their staff?
Do i have to take the USCIS and FBI contact info for them to call? Mine is pending in NSC.

Appreciate any guidance in this regard from people who has gone thru this path before. I hope contacting Congressman wouldn't have a negative effect on my case.
-A

1. What was your original I-94 date before H-1B amendment was filed by Company A?
September 30 2009
2. What was amendment for?
amendment is for change in annual salary
3. Why H-1B amendment was denied?
The amendment was filed way back in sep 2007 and they got the RFE in Nov 2008....
The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter(Client told me that it's company police not to provide such type of letter). we provided main vendor contract.

Please answer these questions, before I can put my opinion.


_______________________
Not a legal advice.
US citizen of Indian origin

Pls see my answers under the questions

i think u need not get a new h1 stamp and can sill come in and out on AP without compromising yr h1 status.
Yes,You should get a multiple-entry AP.If it is one-time entry AP,then you need another AP.Genrally nowadays u get multiple-entry AP.

I have done this successfully couple of times and don't see any problem with it. It does save money and picture quality is great, if you have the proper setup at home.

Would taking a picture using a digital camera at home and print them out ourselves help....not trying to be greedy but trying to get good quality pictures compared to crappy CVS/Walgreens/Costco/etc. picutres....what do u think guys?

[Apologies for the cross-post]
Since there are lot of ppl here who have had EAD/AP for years ...
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?

Thanks