MYGC2008
07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
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smuggymba
08-19 12:56 PM
Put ur head together and tell me is it too difficult to tell where he is from?
Put ur head together and don't speculate. He can be a US citizen, or a UK citizen or a Sri Lankan or a Senegalese.....stop speculating and defending your ridiculous post.
Put ur head together and don't speculate. He can be a US citizen, or a UK citizen or a Sri Lankan or a Senegalese.....stop speculating and defending your ridiculous post.
dreamworld
11-07 12:27 PM
Visitor Visa does not tied to sponsor. One can visit USA with a valid visitor visa.
But at port of entry, may need to prove who is taking care of them when they are here. They may need supporting documents from you at port of entry.
But at port of entry, may need to prove who is taking care of them when they are here. They may need supporting documents from you at port of entry.
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eastindia
04-20 08:59 AM
I am contacting them and will march with them. If undocumented get a bill, our bill will come automatically. We should be supporting them. If we support them they will also support us. With their support we can get our bill. If we try to do a rally for ourselves the so called educated people on H1B and EAD will not come. They will rather spend time driving in their nice car to Disney or eat out in a fancy restaurant. So I believe we need to side with undocumented and help them to help ourselves.
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anjans
07-11 02:52 PM
hold on tight and hope for the best
knowDOL
05-22 09:30 AM
I don't think there is any clause related to NON-RIR or RIR or PERM labor when it comes to 7th year extension according to yates memo. Once your application has been filed 365 days before and if you have a case number assigned you can use that case number to show USCIS that your labor was indeed pending for 365 days. Since you already approved for 7th year extension and looking for 8th year extension you have no problem and with the new employer you can get 8th year extension plus H1 transfer together.
Look at the following url's for detailed information.
http://www.murthy.com/news/n_yath1b.html
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Look at the following url's for detailed information.
http://www.murthy.com/news/n_yath1b.html
http://www.murthy.com/news/n_yatmay.html
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GIDOC
07-18 01:49 AM
I would agree that he should consult with an attorney. However, I am not sure if he needs to be in the country to file the 485. I am not sure about the medical though.
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justin150377
07-01 02:48 PM
I'll join..I'd only have to go back to Canada. I can understand why the thousands on here would not. However, Canadian permanant residency is easier to get, anyone applying for it?
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gconmymind
04-24 02:34 PM
This is the first time I have seen so many approvals with such regular frequency. Congrats to everyone who got approved. It is also a good sign for all of us still waiting...
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mgakhar
03-06 10:21 AM
Well I managed to reschedule my travel so now will be able to get my FP done.
Other than AP, EAD, Passport, I-797 and ofcourse the FP notice, is any other document that I need to take?
Manish.
Other than AP, EAD, Passport, I-797 and ofcourse the FP notice, is any other document that I need to take?
Manish.
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tikka
05-30 08:51 PM
ramus
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
depends on the state you select- it goes to those senators.
to send to all 50 you need to select each state
thank you
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
depends on the state you select- it goes to those senators.
to send to all 50 you need to select each state
thank you
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jliechty
February 1st, 2004, 10:05 PM
Composition has been defined as "the strongest way of seeing" (IIRC, that's from Edward Weston, but I'm probably getting my photographers and quotations mixed up here). There are different ways to see the same thing. Flowers are a frequently-photographed object, and sometimes it can be hard to find a unique way to portray them. I'm not a terribly experienced photographer, and I don't really want to give any "rules" to follow to get a "good" picture, but here are a few guidelines you might consider as you get started:
Try to avoid a "busy" appearance, with too many subjects competing for attention (In my personal, humble, opinion, your picture has many clusters of flowers, and it's difficult to tell what exactly is the focus of the image).
Pay attention to what's in the background; go for contrast of brightness, color, or both. A low-angle shot, looking up at a medium blue flower against a blue sky, would probably not be the most visually stunning picture one could compose.
The "rule of thirds" is a good guideline for those of us (including myself) who haven't figured out when's a good time to break it and when's not. Imagine two horizontal lines and two vertical lines, dividing the picture into three equal segments horizontally and vertically. Near any one of the intersections of these lines is generally considered a visually strong point to place an important element of your composition.
For some subjects (flowers in particular), a shallow depth of field is recommended, as it helps lower the distractiveness of elements in the background. I think that in the shot you've posted here, opening up the aperture (setting a lower f-stop number) would have decreased the impact of the background flowers, and drawn more attention to the foreground one.
Oh, and feel free to experiment with all sorts of combinations. In my experience, the standard "looking down" angle of flower shot is less visually appealing, because that's the way we generally look at flowers when we are walking through the garden in our backyard (this is a simple property of physics, since most flowers tend to have considerably less height than the average human being ;)). Try out different angles and zoom settings to see what you find appealing (wide, or short focal length, to show more background behind the flower and give a longer depth of field - or far, a long focal length, to "compress" the background and provide a shorter depth of field to isolate the subject from its surroundings).
I'm sure other more experienced members will be able to do better (and probably already have, in the time I took to type up this verbose post), but perhaps this will give you something to think about while you wait for a better answer. :)
Edit: I realize that I made a few negative comments about your picture, without really saying anything positive. For one, I like the contrast of the flowers against the leaves behind them, and I think with a little Photoshop work this could be made even a little more striking. Let's not get lost in all the "rules" and "guidelines" and forget that this subject has lots of potential. I think with a slight change in angle, framing, and DOF, you'd be able to change a picture that may be mediocre to one that is very stunning.
Oh, and another suggestion that can be good for adding just a bit more interest to flowers is to photograph them when they have water droplets on them. Watering or misting the flowers just before you're ready to shoot can be a way to "supply" the drops if they are missing during the time of day when you feel that the lighting is at its best. :D
Try to avoid a "busy" appearance, with too many subjects competing for attention (In my personal, humble, opinion, your picture has many clusters of flowers, and it's difficult to tell what exactly is the focus of the image).
Pay attention to what's in the background; go for contrast of brightness, color, or both. A low-angle shot, looking up at a medium blue flower against a blue sky, would probably not be the most visually stunning picture one could compose.
The "rule of thirds" is a good guideline for those of us (including myself) who haven't figured out when's a good time to break it and when's not. Imagine two horizontal lines and two vertical lines, dividing the picture into three equal segments horizontally and vertically. Near any one of the intersections of these lines is generally considered a visually strong point to place an important element of your composition.
For some subjects (flowers in particular), a shallow depth of field is recommended, as it helps lower the distractiveness of elements in the background. I think that in the shot you've posted here, opening up the aperture (setting a lower f-stop number) would have decreased the impact of the background flowers, and drawn more attention to the foreground one.
Oh, and feel free to experiment with all sorts of combinations. In my experience, the standard "looking down" angle of flower shot is less visually appealing, because that's the way we generally look at flowers when we are walking through the garden in our backyard (this is a simple property of physics, since most flowers tend to have considerably less height than the average human being ;)). Try out different angles and zoom settings to see what you find appealing (wide, or short focal length, to show more background behind the flower and give a longer depth of field - or far, a long focal length, to "compress" the background and provide a shorter depth of field to isolate the subject from its surroundings).
I'm sure other more experienced members will be able to do better (and probably already have, in the time I took to type up this verbose post), but perhaps this will give you something to think about while you wait for a better answer. :)
Edit: I realize that I made a few negative comments about your picture, without really saying anything positive. For one, I like the contrast of the flowers against the leaves behind them, and I think with a little Photoshop work this could be made even a little more striking. Let's not get lost in all the "rules" and "guidelines" and forget that this subject has lots of potential. I think with a slight change in angle, framing, and DOF, you'd be able to change a picture that may be mediocre to one that is very stunning.
Oh, and another suggestion that can be good for adding just a bit more interest to flowers is to photograph them when they have water droplets on them. Watering or misting the flowers just before you're ready to shoot can be a way to "supply" the drops if they are missing during the time of day when you feel that the lighting is at its best. :D
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natrajs
08-02 12:05 AM
Best Wishes from Tri State
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chehuan
01-18 10:12 AM
My h1 started in 2009 October which means I have 4 years and 9 months more of h1 left with me
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
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fatjoe
10-23 03:50 PM
My friends who filed on Aug 6, Aug 8, and Aug 13 their EAD in one week gap.
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pmb76
07-14 12:42 AM
I sent a letter to Rep Zoe Lofgren on July 4 after she sent a letter to Chertoff and Rice on our behalf. Below is what I wrote:
Re: July Visa Bulletin revision
Dear Representative Lofgren,
Let me begin by Thanking you immensely for standing up for the cause of legal immigrants. Your response to the July Visa Bulletin fiasco made me very pleased and re-instilled the hope in me that I had lost as a result of the recent announcements by USCIS to stop accepting Adjustment of Status applications.
It is indeed appalling that the various problems faced by highly skilled legal immigrants get lost in the cracks of the system and do not get any media coverage.
I have been in the U.S for approximately 9 years now. I graduated with a Masters in Engineering from a highly ranked school here, always played by the rules and still am stuck in the backlog delays and the bureaucracies of the immigration process.
The July visa bulletin released on June 13th a gave me and others a ray of hope which was crushed after USCIS stopped accepting applications on July 2nd. I have spend huge amount time, effort and attorney's fees preparing all the paperwork and submitting it to USCIS on July 2nd.
Again I want you to know how much me and other skilled workers in the same situation as me, appreciate your taking up this issue with Dept of State and USCIS. Thank you so much for your help in this critical hour. Please help us in resolving this issue and also discuss this with your colleagues in congress so they may also take up this issue with the Federal government agencies.
Sincere Regards,
XYZ
Re: July Visa Bulletin revision
Dear Representative Lofgren,
Let me begin by Thanking you immensely for standing up for the cause of legal immigrants. Your response to the July Visa Bulletin fiasco made me very pleased and re-instilled the hope in me that I had lost as a result of the recent announcements by USCIS to stop accepting Adjustment of Status applications.
It is indeed appalling that the various problems faced by highly skilled legal immigrants get lost in the cracks of the system and do not get any media coverage.
I have been in the U.S for approximately 9 years now. I graduated with a Masters in Engineering from a highly ranked school here, always played by the rules and still am stuck in the backlog delays and the bureaucracies of the immigration process.
The July visa bulletin released on June 13th a gave me and others a ray of hope which was crushed after USCIS stopped accepting applications on July 2nd. I have spend huge amount time, effort and attorney's fees preparing all the paperwork and submitting it to USCIS on July 2nd.
Again I want you to know how much me and other skilled workers in the same situation as me, appreciate your taking up this issue with Dept of State and USCIS. Thank you so much for your help in this critical hour. Please help us in resolving this issue and also discuss this with your colleagues in congress so they may also take up this issue with the Federal government agencies.
Sincere Regards,
XYZ
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rick_rajvanshi
12-07 12:06 PM
I won't worry about this at all as they have addressed this situation few weeks back here :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e0bc5afdc095110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
Moreover , I have found it easier to get hold of IO ( call center guy quickly handovers calls to IO ) when I call them to check for status on a my AP which is not appearing on the CaseStatus web site.
Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW
We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e0bc5afdc095110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
Moreover , I have found it easier to get hold of IO ( call center guy quickly handovers calls to IO ) when I call them to check for status on a my AP which is not appearing on the CaseStatus web site.
Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW
We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible.
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up_guy
08-31 11:48 AM
I have recently changed my job using AC21. My new employer has filed H-1B transfer and I also had two years of EAD
While filling up the I-9 form I have used EAD alien #, when I checked the emplyer HR they said that I-9 stays in the office and they do not send its copy to USCIS so my question is how USCIS knows that whether I am on EAD or H-1 B ?
Can I treat myself on EAD and H-1B both
Thanks for your response...
While filling up the I-9 form I have used EAD alien #, when I checked the emplyer HR they said that I-9 stays in the office and they do not send its copy to USCIS so my question is how USCIS knows that whether I am on EAD or H-1 B ?
Can I treat myself on EAD and H-1B both
Thanks for your response...
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Tantra
07-26 01:52 PM
http://www..com/usa-immigration-trackers/i485-tracker1/
If we sort by 'USCIS Notice Date' (click it to sort descending), then we see this case right on top (guess second)...
This also gives a quick idea about the latest Notice Date trend. Sadly, not much activity from July 20th onwards (total 7 notices reported).
If we sort by 'USCIS Notice Date' (click it to sort descending), then we see this case right on top (guess second)...
This also gives a quick idea about the latest Notice Date trend. Sadly, not much activity from July 20th onwards (total 7 notices reported).
mmk123
04-16 07:32 PM
My parents are scheduled to travel on Monday via delta flight to India via Paris. As you all know all European flights are either cancelled or postponed and paris airport is currently closed. Their I-94 date is 19-April.
They will travel on next available flight if we find that monday flight is cancelled (which is likely). Assuming that their travel is cancelled or postponed, it is evident that they will most likely pass their I94 date.
What should we do in such situation? Just trying to understand any steps we need to take in advance if we have to notify any authority etc.
Appreciate your help,
thanks!
They will travel on next available flight if we find that monday flight is cancelled (which is likely). Assuming that their travel is cancelled or postponed, it is evident that they will most likely pass their I94 date.
What should we do in such situation? Just trying to understand any steps we need to take in advance if we have to notify any authority etc.
Appreciate your help,
thanks!
vin13
03-16 01:00 PM
I think NSC does process cases even though they are not within the priority date. This way they can pre-adjudicate cases. By doing this they can quickly issue GC when the date moves ahead.
During processing if they have any questions, they could issue a RFE.
During processing if they have any questions, they could issue a RFE.
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