vchip
04-07 04:28 PM
This is from my lawyer,
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
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sonia_sd
10-11 01:00 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
People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D
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
People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D
ckumar
09-12 03:24 PM
Hi,
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
2011 And if you#39;re going to add
seahawks
09-22 03:28 PM
Hi,
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
She is still in status
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
I am not sure what you mean. She cannot come back in until she has a visa stamped with her new extension. Remembering being in the country and not being out of status is based of your I-94 date, going out is not a problem but you need a current visa stamped for anyone to come back. They won't let you board the plane back to US if her visa stamped in the passport expired Oct 5th.
Appreciate your replies. Thanks so much.
AmolRaj
Again, I am not a lawyer, so please consult with one!
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
She is still in status
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
I am not sure what you mean. She cannot come back in until she has a visa stamped with her new extension. Remembering being in the country and not being out of status is based of your I-94 date, going out is not a problem but you need a current visa stamped for anyone to come back. They won't let you board the plane back to US if her visa stamped in the passport expired Oct 5th.
Appreciate your replies. Thanks so much.
AmolRaj
Again, I am not a lawyer, so please consult with one!
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pinak32
11-27 05:30 AM
I got tired of searching for appointments myself on the NVARS website and signed up with XVARS instead. Lets see if they deliver. I picked Toronto between 12/07 and 12/20 so hoping they find me my appointment. Will post an update again soon.
jhaalaa
05-21 01:35 PM
Please call the senators, congressman and representatives from your area.
You may be surprised to find that their office staff is very cooperative. Support IV coordinate this effort.
Best Wishes for all.
You may be surprised to find that their office staff is very cooperative. Support IV coordinate this effort.
Best Wishes for all.
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viper673
06-24 01:20 PM
Makes sense. Thank you for your reply.
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VivekAhuja
05-18 06:15 PM
What US address did you give USCIS? And what are you planning to give them later?
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Ahjeet
12-04 09:16 PM
Thank you for response.
I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.
Yes, I read in forums RFE's and 221g both have become more regular these days.
I'll let the forum know outcome of this case. Thank you for visiting this thread!
I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.
Yes, I read in forums RFE's and 221g both have become more regular these days.
I'll let the forum know outcome of this case. Thank you for visiting this thread!
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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
more...
snarla
06-29 08:46 AM
First renew your passport as soon as possible.
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
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bombay707
11-16 08:10 AM
Folks,
Is there a time limit to transfer a H1-B visa ? If the previous company revokes the H1-B visa how long do we have or is the H1-B canceled at that point ? Please let me know at your earliest.
-Mehmood
I think it is 2 weeks. Also confirm the same with the lawyer.
Is there a time limit to transfer a H1-B visa ? If the previous company revokes the H1-B visa how long do we have or is the H1-B canceled at that point ? Please let me know at your earliest.
-Mehmood
I think it is 2 weeks. Also confirm the same with the lawyer.
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when
02-29 12:41 PM
Folks,
The online status shows a different date than the receipt date my lawyer is telling me. I am july filer......the lawyer telling me july date and online shows sept date.......
Is this normal?
Thank You
The online status shows a different date than the receipt date my lawyer is telling me. I am july filer......the lawyer telling me july date and online shows sept date.......
Is this normal?
Thank You
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shaji_p_j
08-05 12:51 AM
you may need to apply for h4 again since she used the EAD. Discussing with a good attorney who is knowledgable on this case is very important. Hope you have not used your EAD if got one. If used the issues can be worse as you may lose your h1B status as well.
Please update your case. I may also face such a sitaution . But not sure at this moment.
Which service center you applied the AOS and when?
Shaji.
My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
Please update your case. I may also face such a sitaution . But not sure at this moment.
Which service center you applied the AOS and when?
Shaji.
My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
more...
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Sooner2
04-10 12:09 PM
Yes, if it's the same company - I think your employer just needs to file an amendment. I would suggest you consult with your employer's lawyer to see if an amended petition is even required in your case.
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sjhugoose
January 20th, 2004, 03:00 PM
On Kodaks website they currently are offering a $1000 rebate on the 14N! Is this signalling the end of the 14N, certainly a full frame sensored camera has to cost more to produce than a 1.3 cropped 1D even though the canon is certainly a better Camera.
The discount can be found here: http://www.kodak.com/global/en/professional/member/ProPass/offers/offersIndex.jhtml
And what does this mean for Kodak? They have annouced the end of their Digital Pro Backs and it appears that the 14N may die does Kodak have something up their sleaves or are they settled with competing for consumers?
Scott
The discount can be found here: http://www.kodak.com/global/en/professional/member/ProPass/offers/offersIndex.jhtml
And what does this mean for Kodak? They have annouced the end of their Digital Pro Backs and it appears that the 14N may die does Kodak have something up their sleaves or are they settled with competing for consumers?
Scott
more...
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meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
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Apple_fruit
10-25 04:11 PM
I recieved a letter from USCIS saying "we have forwarded your inquiry to Sec 245 Unit. You will be notified by mail at later date".
What exactly this means?
Do I need to worry about this Sec 245 Unit. Is it good or bad?
btw I am on EB2 priority date Aug 2005 and still waiting for GC.......:mad:
thanks,
What exactly this means?
Do I need to worry about this Sec 245 Unit. Is it good or bad?
btw I am on EB2 priority date Aug 2005 and still waiting for GC.......:mad:
thanks,
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cooolvick
08-25 06:02 AM
Hi,
I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.
1. Who should apply I824? employer or individuals ( in this case myself)?
2. If employer need to apply, should it be current employer?
3. how long does it generally take?
4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
5. What other documents are required?
Please help
Thanks,
Vikram
I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.
1. Who should apply I824? employer or individuals ( in this case myself)?
2. If employer need to apply, should it be current employer?
3. how long does it generally take?
4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
5. What other documents are required?
Please help
Thanks,
Vikram
jkamdar
04-17 01:02 AM
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.
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.
sidbee
05-27 12:57 PM
From what I read in the article they are talking about chaging 'the place of incorporation' from Bermuda to Ireland to avoid paying higher taxes through the proposed tax legislation ...dosent't talk about relocating all operations to Ireland
I never said they are moving all the operations. Looks like, they would still be serving the clients in the US. But they will be not a US company anymore.They would not be head off iced in the US.
They would still be able to outsource there work to India, for which the US companies would have to shell out more taxes, if a particular legislation is passed.
I never said they are moving all the operations. Looks like, they would still be serving the clients in the US. But they will be not a US company anymore.They would not be head off iced in the US.
They would still be able to outsource there work to India, for which the US companies would have to shell out more taxes, if a particular legislation is passed.
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