gc28262
08-16 01:10 PM
The court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
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thomachan72
07-08 10:26 AM
Somebody should open a separate thread with names of attorneys who are not easy / safe to deal with. People can post the names of the attorneys and a brief description (without specifics) about the problem they encountered. This could become an excellent review post for immigration lawyers. we could also maybe put 3 or 4 criteria to score them from 1 to 4. for eg:-
availability to answer questions
timely filing
acurate filing (with all documents)
current with legal provisions and latest changes
overall easiness to work with
cost
etc etc
availability to answer questions
timely filing
acurate filing (with all documents)
current with legal provisions and latest changes
overall easiness to work with
cost
etc etc
Azgc005
06-22 10:11 AM
My company has been getting mine done thru premium processing..The latest one took exactly one week from the date of receipt
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martinvisalaw
09-09 09:57 PM
I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.
1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94. Is this right?
The company either has to file a COS or she needs to leave the US and re-enter in H-1B status.
2) How many weeks will it take under premium processing to get new I94
15 calendar days for CIS to make a decision
3) Do they have to apply only after Oct 1.
No. Since she is already counted towards the cap, they can apply now but the start date will be 10/1 or later.
4) Are there any chances of getting rejected at this stage.
There's always a chance of a denial, but the risk is low if she is maintaining H-4 status when the COS is filed.
1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94. Is this right?
The company either has to file a COS or she needs to leave the US and re-enter in H-1B status.
2) How many weeks will it take under premium processing to get new I94
15 calendar days for CIS to make a decision
3) Do they have to apply only after Oct 1.
No. Since she is already counted towards the cap, they can apply now but the start date will be 10/1 or later.
4) Are there any chances of getting rejected at this stage.
There's always a chance of a denial, but the risk is low if she is maintaining H-4 status when the COS is filed.
more...
eastindia
06-03 08:21 AM
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.
Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.
Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.
Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.
I485applicant
07-19 06:19 PM
Hi All,
Here is my situation, would appreciate any advice or pls ping me if you are in the same boat.
I have approved an I140 from previous employer (A), (PD Mar 06) thinking that retrogression is a given for a long time I took up a full time job with employer(B), where I was consulting. My Labor and I140 has not yet been started with Emp B.
As E2, Eb3 ... is current upto Aug 17, I'm trying to file I145 based on Emp A. They are willing to file but putting a steep price (trying to take adv of the situation)
Questions
a. I know one can Self file I485, can I include my old employer job offer letter assuming that it would take > 180 days for USCIS to process the application in the mean time negotiage a deal with Emp A.
b. Self file I485, without Emp A offer letter, wait for RFE and in the mean time negotiate the deal with Emp A.
Any advice will be appreciated, please.
Here is my situation, would appreciate any advice or pls ping me if you are in the same boat.
I have approved an I140 from previous employer (A), (PD Mar 06) thinking that retrogression is a given for a long time I took up a full time job with employer(B), where I was consulting. My Labor and I140 has not yet been started with Emp B.
As E2, Eb3 ... is current upto Aug 17, I'm trying to file I145 based on Emp A. They are willing to file but putting a steep price (trying to take adv of the situation)
Questions
a. I know one can Self file I485, can I include my old employer job offer letter assuming that it would take > 180 days for USCIS to process the application in the mean time negotiage a deal with Emp A.
b. Self file I485, without Emp A offer letter, wait for RFE and in the mean time negotiate the deal with Emp A.
Any advice will be appreciated, please.
more...
Butters
04-08 05:30 PM
Or the Microsoft Office ones...
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tatyavinchu
09-17 11:54 AM
I am a july 07 filer with EB2 PD Oct 2005. I switched employers in early part of this year. My employer has been very erratic and not paying me salary for past 2 months because his money is not cleared from his client. I have found another contract but my employer wants to wait until his money is cleared before he can pay me and that can take longer than 6 months !!! (if his money is not cleared before)
Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.
Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.
more...
illusions
03-17 03:14 PM
Does anybody know how one can (if at all possible) to switch from EB3 to EB2 ? what is the criteria ? Has anybody done it ?
Any light on this subject will help
Any light on this subject will help
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ski_dude12
02-20 09:13 PM
Don't mean to pick on you but on the lighter side, El Paso is in US only :D. Things would be much easier if visa could be renewed in US itself.
Why not any of the consulates in Mexico ( Juarez, nogales, el paso etc). ...
- good luck
kris
Why not any of the consulates in Mexico ( Juarez, nogales, el paso etc). ...
- good luck
kris
more...
rams75
09-29 11:49 AM
Switch from Adjustment of Status (AOS) to Consular Processing. The caveat is you lose your EAD and will have to wait for your PD to be current before you can work in the US again. Unless you get a new H1 and want to start over!
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rbharol
09-13 12:16 AM
Can we find which service center the application is, from the receipt number?
My number starts with LIN.....
My number starts with LIN.....
more...
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devs
06-19 05:11 AM
thanks,, but i think the visa interview dates will be closed for aug/sept by the time i receive my I797. :mad:
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bp333
10-10 09:05 AM
Updated...
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:10/09/07/Recevied By: 10/09/07/Status:No news after re-sent
Mine was rejected on 9/19 "Missing or incorrect fee" haven't received the reject notice yet. Since 90 days have passed my attroney has decided to refile a RECONSTRUCTED APPLICATION on Monday (10/15).
jcrajput: How long did it take for you to receive the rejection notice/package. Did the notice ask you to refile ?
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:10/09/07/Recevied By: 10/09/07/Status:No news after re-sent
Mine was rejected on 9/19 "Missing or incorrect fee" haven't received the reject notice yet. Since 90 days have passed my attroney has decided to refile a RECONSTRUCTED APPLICATION on Monday (10/15).
jcrajput: How long did it take for you to receive the rejection notice/package. Did the notice ask you to refile ?
more...
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justice4all
08-31 12:29 PM
Hi,
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
Hello,
Sorry I cant give you suggestions since I am not there yet. But I have a question,
Can we file I140 through NIW in EB3 ?? It doesnt require an EB2.
thanks
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
Hello,
Sorry I cant give you suggestions since I am not there yet. But I have a question,
Can we file I140 through NIW in EB3 ?? It doesnt require an EB2.
thanks
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sanjose16
02-26 01:27 PM
What is the expiration date for her current H-4 I-94?
Jun 10 2009
Jun 10 2009
more...
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trueguy
03-23 06:45 PM
Port of entry doesn't matter. You can leave from JFK and come back through California. It totally depends on your airlines and the route you choose. I have done it many times.
Not sure about 2months left on your visa thing. I don't have any comment on that.
Not sure about 2months left on your visa thing. I don't have any comment on that.
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sidbee
01-23 09:27 AM
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
Are you working on that H1B right now, If yes then its employers head ache to do so.If not, then any way you cant renew it :-)
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
Are you working on that H1B right now, If yes then its employers head ache to do so.If not, then any way you cant renew it :-)
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gcgc2005
12-17 10:37 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
ho_gaya_kaya_?
11-19 10:52 PM
Mid oct-
dont know the exact date
Incidentally i got my FP appointment today.
dont know the exact date
Incidentally i got my FP appointment today.
lhk86
08-12 10:42 AM
My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
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