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Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.

I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.

Not sure if anyone here has done the extension of H4 after using EAD.


Cronin memo:

Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)

Appreciate any comments reg. this,

I mean (employer) not me..:)

OK.

Does employer has full time job for her?
Who is paying for H1 fees?
Will employer pay full LCA wages on bench time?

same here. Please explain the pros and cons.

-C

Hi,

I want to know how this can be possible. A few folks who work with me claim that some folks whom they know well have got GC in Feb 2007, even though there PD is June 2005.

They are all from India. I am sitting here with Aug 2001 PD, just cleard from BEC and waiting to file 140 and 485.

Do you think there is any truth to the previous statements of my friend ?

That was an old news. Around 60000 visa's were pre-allocated to pending applications before July 2nd, 2007. I would be very surprised if the numbers are not much more than 18000 for India EB3. India used to get around 40-45 K visas per year for all EB categories before 2005 since the soft quota was introduced. All these numbers are avilable on USCIS website.

I have received the following 485 Rfe for my spouse and myself, I am posting the whole
text from RFE letter. Also USCIS has sent me a copy of the current I-693 Form which
was sent with our application as a sealed copy.
The reason I think for the RFE is because the civil surgeon I had used was in the list
of USCIS civil surgeons in 2007 but now he is no more in the list, hence as they touched my application now, the form need to be signed by a designed civil surgeon on the current uscis list. Has any one received an rfe like or similar to this.
Please suggest the best possible to resolve this one.


Request For Evidence

This office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to the above address. Include a copy of this letter and place the attached gold sheet on top of your documents.

A review of your file indicates that the medical examination(Form I-693) you submitted was not completed by a designated civil surgeon, and therefore this Service cannot accept it.

Please take the enclosed copy of Form(I-693) with this notice to the same clinic so that
the designated civil surgeon can review and sign the medical examination. A list of designated civil surgeons can be obtained by calling the USCIS National Customer Service Centre at 1-800-375-8253, or via the USCIS website at www.uscis.gov. You do not need to undergo the entire medical examination.Once this is complete, please return the amendend Form I-693 in an envelope sealed by the designated civil surgeon.

You must submit the requested information within thirty(30) days from the date of this letter(33 days if this notice received by mail). Failure to do so may result in the denial of your application.

You should join your state chapter through the IV forums. State Chapter volunteers should plan to contact local politicians and meet them face to face. Nothing is more powerful than visiting face to face and impressing upon politicians how important this issue is.

But again mailing is also a great idea. I have the following link for House Representatives who got elected recently:

http://asp.usatoday.com/news/politicselections/vote2006/NationalElectionResultsByStateCounty.aspx?sp=CA&oi=H&rti=G&&tf=l
USATODAY.com

You can look up their contact information at
http://www.house.gov/writerep/

Senate has always backed us. It is the house that has stonewalled us for last two years. So I tend to believe it is better to contact House Reps

I agree with you both on the points raised, but what particularly interested me was the stat below and also given that 'the labour market traditionally lags behind any wider economic recovery'.


" However, the number of people still on jobless aid after an initial week of benefits slid by 148,000 to 5.8 million in the week ended October 17. It was the lowest reading since March, hinting at some stability in the job market."

Bottomline is we are not in a L or U pattern( prolonged stagnation). Also given that the last quarter traditionally has a stronger retail growth due to the Holiday season, Whether it is a V or W shaped recovery is what remains to be seen.

We had filed AC21 for one our consultants it was $1000 atty fee, no filing fee

nice :) keep it up

Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007

I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.

Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?

According to a well known lawyer in LA area, you can port dates even if your 140 is revoked by your employer. The only possible cause not allowing you to port dates would be revoking of your 140 by USCIS if they feel there was a fraud in your case.

Good luck!

Check with the prevailing wage for your new location that matches your job title/description. It needs to be close to that.

The salary needs to be 'at' or 'above' the prevailing wage, not 'close' :)

Hey luksy, if you don't want your Wacom that much I will take it off your hands:evil: Ok, so I was kidding (unless you really don't want it).

I don't have one but I want one sooo bad. Drawing with a mouse is such a pain and I don't have a scanner to scan my paper drawn images.

http://www.freep.com/apps/pbcs.dll/article?AID=/20070501/NEWS01/70501019

check it out.......

I suggest we start with a parallel campaign to increase the number of IV members . Each IV member to bring in atleast one new member .

Steps to take:
Explanation : Explain, Teach /Preach or do whatever it takes to tell people about IV and what its mission is. Many people think IV is just a propaganda. SHOW them what IV has done. Tell them about the Rally Tell them about the FLower campaign . Make then visit the site

Reasoning : Make them understand that the EAD or the Labor that they are sitting on was not gotten thru some magic wand. It was thru efforts . Efforts of us IVians.

If we are able to get one person each to enroll. I am sure atleast 20 % of the new enrollees will start to understand IV and maybe contribute to it as well

This is something that can be done sitting where u r without any special effort. Let go IVians . This is one of the easiest things to do

CORE team please help and support.

Do I need to provide any proof during the interview stating he is my step son? or the documents between the mother and the son will suffice?

Proof that he is biological son of your wife (birth certificate).



___________________
Not a legal advice.

According to KPBS, A bill to strengthen the U.S.-Mexico border could be a mixed blessing for San Diego. That's because paying for more for border security will require a hike in H1B visas.

The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker can apply for a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or must leave the US.

The regulations define a �specialty occupation� as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor�s degree or its equivalent as a minimum (with the exception of fashion models, who must be "of distinguished merit and ability".) Likewise, the foreign worker must possess at least a bachelor�s degree or its equivalent and state licensure, if required to practice in that field.

Duane Roth, CEO of the biotech support group Connect, said that could make it more difficult for San Diego businesses to hire qualified workers. He said higher costs for H1B visas may also encourage more companies to outsource.

"A company may consider whether it's better to open a facility in a foreign country and hire the workers that are already there, versus the ability to bring some here to fill the opening jobs," said Roth.

He said the U.S. education system is not producing enough scientists and engineers to staff high-tech companies in San Diego.

I feel that another H1B fee hike will be a death blow to the possibility of retaining talented workers in the US and for small US companies to expand business.

Read the KPBS article here (http://www.kpbs.org/news/2010/aug/16/border-bill-could-hamper-san-diego-high-techs/)




More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_lawyer_b_1.html)

A friend of mine just told me that USCIS has issued "guidance" a couple of weeks ago that allows using the EAD and at the same time "preserving" the alien's H1B status.

I can't find the document, but he swears that he read it..

DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.

anyone?

Given that you filed in Dec 2002, it is very possible that your labor petition has already been certified or at least adjudicated.

You need to talk to your company/HR and get this resolved. Impress on them the importance of knowing the status of your petition.