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  • pappu
    03-17 03:53 PM
    Some recent news from USCIS.

    ======================================

    H-1B Cap Exemptions Based on Relation or Affiliation

    Released: March 16, 2011

    USCIS - H-1B Cap Exemptions Based on Relation or Affiliation (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.

    Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.

    Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.

    USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.

    The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.




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  • WeldonSprings
    05-27 01:48 PM
    120 days, but 90 days atleast


    Does anyone know how many days prior to expiration of EAD, we can file for extension?




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  • admin
    04-12 04:43 PM
    To Submit Comments on the Regulation

    The DOL allows people to submit comments, identified by Regulatory Information Number (RIN) 1205-AB42, by any of the following methods:

    * Federal eRulemaking Portal : Follow the WebSite instructions for submitting comments.

    eMail : Comments may be submitted by eMail to (fraud.comments@dol.gov). Include "RIN 1205-AB42" in the subject line of the message.

    Mail : Submit written comments to:
    Assistant Secretary, Employment and Training Administration
    U.S. Department of Labor
    200 Constitution Avenue, NW
    Room C-4312
    Washington, DC 20210
    Attention: John R. Beverly, Interim Chief, Division of Foreign Labor Certification

    (Note : Because of security measures, mail directed to Washington, DC is sometimes delayed.)

    The DOL will consider only those comments postmarked by the U.S. Postal Service or with proof of delivery from a service such as UPS or Federal Express on or before the deadline for comments.

    Instructions : All submissions received must include the RIN 1205-AB42 for this rulemaking. Receipt of submissions, whether by U.S. Mail or eMail, will not be acknowledged. Because DOL continues to experience occasional delays in receiving postal mail in the Washington D.C. area, DOL recommends that those wishing to submit their comments do so via eMail.




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  • watzgc
    02-11 03:29 AM
    I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.

    Best of Luck
    Hi Diptam/NolaIndian,

    I have quick questions,

    1. I'm waiting for my H1b extenion for employer A and grace period 240 days,getting over
    2. can I use EAD (from emp A) till I get my approval for employer A ?.
    3. Can switch back to same h1b extension after received it ?.

    thanks for ur time to reply.



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  • greenguru
    06-28 03:41 PM
    I checked on murthy site, what is there ?




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  • clifford
    02-03 05:43 PM
    Probably 1929 depression and current times are not similar. So BTW were those 400K maxicans holding any type of Visa ? Currently as far I know all the 65K H1b Patitions were approved, I do not know for what reason ? If situation was that bad may be only 10,000 k could have been approved and limit could be dropped to 15k for say a period of next 5 years. I am pretty sure that is not going to happen. The Anti H1 wave was probably started by Nobel Laureate Obama when he pointed to Bangalore and then Lou Dobbs and then Senator Grassley and so on. Now if you look at job boards it is clearly mentioned by many job postings "Please no H1Bs".

    Lets not forget that H1B had been misused by many desi firms as well.



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  • viper673
    06-08 11:11 PM
    Hi Dingudi,

    The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.

    The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.




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  • reddymjm
    12-04 04:52 PM
    I am also flying to Chennai in 2 days.



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  • jonty_11
    05-07 02:04 PM
    Please let us/me know ASAP.
    no details yet but in the past the regulations that have been related to immigration and have not been clear - Like labor substitution have been prone to abuse.....
    I am suspecting they will tighten the AC21 just like they abolished labor substitution.




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  • GotGC??
    05-15 11:50 AM
    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?



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  • Cheran
    04-06 10:28 AM
    This is talking about I-140 and not I-485.....

    My I-140 filed with TSC is still pending since August 2007. I hope I get a decision ( hopefully positive) by Sep 2009!

    Could you elaborate why you say this is about I140? I couldn't derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I don't think there will be any action, period.
    The whole thing is written as if June 2007 happened by mistake, I don't buy that.




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  • cyclone_p
    06-21 12:24 AM
    Hello :

    My EAD is valid till August 10, 2010. This is my second EAD. 1st filed with I-485 in 2007 and second renewed in 2008.

    First Renewal Attempt :

    I therefore sent my papers to my employer in early April 2010 (120 days in advance). My employer to 10 days to file with USCIS (Snail Mail - Phoenix Lockbox). Then USCIS took another 30 days to look at my papers. They rejected it. Reason :

    The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom of this notice.

    The eligibility code you provide on your I-765 requires proof that an I-485 has been submitted. Please resubmit your Form I-765 with a copy of your Form I-485 receipt notice (I-797).

    Turns out my employer did provide checks were provided in the correct amount but the name on the check was incorrect "USCIS Vermont Office"...Go figure.

    Further, I had never received my I-485 receipt notice in mail (filed when the flood gates opened in July/August 2007). I had however received my ASC FP notice and had used it in my previous EAD renewal in 2008. I had sent in a copy of this with my paperwork. That did not seem to have worked. So I called USCIS NSC and they informed me that I need to attach a cover letter with my application explaining that I did not receive the I-797 for the I-485.

    Second Renewal Attempt :

    So this time, I filed my application to the Phoenix Lockbox myself via snail mail (never efiled so thought why take a chance). I sent my own checks payable to "US Department Of Homeland Security" as mentioned in the I-765 instructions. I also included a cover letter about my missing I-485 receipt notice and sent in the I-485 ASC FP notice copy along with a printout of the pending I-485 from USCIS website.

    This new app reached USCIS on June 1, 2010.

    It got rejected again and reached me yesterday on June 19, 2010. Reasons...Exactly the same as before.

    Needless to say, I was confused, frustrated, angry, sad...and everything in between.

    Starting Third Attempt :

    Given that only 50 days are left for my current EAD to expire. I e-Filed again yesterday (June 20 2010) hoping that by doing so, I will bypass the Phoenix Lockbox and will avoid the reason for rejection regarding the check.

    I will be mailing my supporting documents tomorrow. They will reach USCIS on June 22 2010. The only thing/s addtional that I am sending in now are...

    a) The top tear-off from the original EAD mailer (had forgotten to send it in last two times as I thought it was not necessary)

    b) A request for correction on the eFiled EAD as I mentioned "Country Of Citizenship" as "USA" instead of "India" (Thanks to my frustrated mood and the poor usability of the I-765 online form).

    Request advice...

    I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.

    So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?

    I will really appreciate any comments/suggestion regarding my case.



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  • gc007
    01-08 01:09 AM
    I don't have any reference as such but as has been told earlier by someone..

    ""Technically, the visa is just permission and not a guarantee for re-entry. But I do not see how a new approved petition would affect it. Just make sure you carry the current & new approvals with you. In fact, if you present the new approval at the time of re-entry the officer can give you a I-94 with an expiry date that is the same as the expiry of the new approval !!""

    ..... I was just wondering if the officer at the time of re-entry stamps the date on the I-94 with current approval date on the passport instead of the new approval then it may be req to get your extention upon the expire of that date.

    Again this is something an attorney can tell for sure.


    .




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  • kprgroup
    08-03 05:21 AM
    My EAD details

    Mailed Date : 5/24/10
    Received Date : 5/26/10
    Notice Date: 06/03/10
    Checks Cashed: Yes
    File Type: Paper/E-filed/Lawyer - Lawyer
    Service Center/Lockbox : TSC
    RFE DATE: N/A
    RFE Description: N/A
    SR Opened: Yes ( 07/26/2010)
    InfoPass: NO
    Current EAD Expiry: 9/03/10
    Approval Date:
    Approval Desc:
    EAD Validity:


    I have opened SR @( 07/26/2010) and got the reply back by mail below
    ----------------------------------------------------------------------------------------------------
    The status of the Service Request is
    Case type:-- I765

    The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.

    Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file

    -----------------------------------------------------------------------------------------------------

    Is this denial of service request or denial of EAD Renewal?
    I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.

    What should I do now? Please let me know.

    Thx
    KPR



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  • immi_seeker
    07-12 08:31 PM
    Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june. On july 7th our application was approved and today we recieved our EAD cards. I was expecting a one year extension , which is until 10/01/2009. But USCIS send us ead cards that will expire on 01/01/2009.

    What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?

    Service center is nebraska




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  • sam_hoosier
    09-16 04:18 PM
    Done.



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  • yabadaba
    06-22 09:29 AM
    the civil surgeon told me that as per CDC directive all applicants need to have a TB skin test irrespective of the X ray. Good luck with 693




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  • Karthikthiru
    04-09 03:00 PM
    I think you are in good shape to use AC21. Just make sure that you have the paystubs for the first 180 days after filing the I485 application in your present company if in case you get a RFE. That is one of the easy proof that you worked in company A for 180 days after fileing I-485.




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  • sameer2730
    05-15 08:24 AM
    You are faking!!!

    Here are the reasons...

    1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.

    2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).

    3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.

    4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.

    So Stop faking!!!

    Thank you sir for finally putting into words what I always suspected. This is shit to attract attention to their site. That was the first place this nonsense came up and just watch how active that thread is . Everywhere else the thread dies quickly.

    Other signs these threads are bull. They either give too much info (All tax returns info for the past 10 years) or too little (I got a one line RFE). Secondly look at the id of this guy "Mishras" - How many S Mishra's got this RFE. Where is the effing anonimity. Just a bunch of amateurs trying too hard to make up believe they are authentic.

    The other anti's I see here posing as good guys
    "GCFORMEORNOT" - Always digging up fear mongering threads to distract from our main goal
    "EASTINDIA" - Real first class asshole posing as someone who is a crusader of playing by the rules.
    Another reason I feel the above too are rouge is because they change their RED - GREEN status like the markets of 2008. One day they are bright red and the next day they are bright green. Basically they have teamed up each other or maybe other anti's to get the greens just to look authentic.
    May those who indulge in this classless activity burn in effing hell.




    GCSOON-Ihope
    11-06 12:31 PM
    Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?

    It is more a matter related to Department of Labor than USCIS.




    zCool
    01-30 01:41 PM
    Sent email to all the ones below..
    Use following list!

    editor@lenconnect.com,editor@alconareview.com,bbro wn@allegannews.com,smurch@thealpenanews.com,letter s@annarbornews.com,edit@upnorthpub.com ,news@arenacindependent.com,argus@chartermi.net,ss mith@battlecr.gannett.com,forum@bc-times.com,newspaper@baymills.org,kmartin@mn.homeco mm.net,bcrnews@bcrnews.net,gkowalski@hometownlife. com,exponews@frontiernet.net,mseward@cadillacnews. com,kkuban@hometownlife.com,marcia.steffens@leader pub.com,rich.adams@cheboygantribune.com,ksmith@oe. homecomm.net,kmartin@mn.homecomm.net,cgoodaker@cra in.com,avalanche@i2k.net,editor@thedailyreport.com ,editor@pressandguide.com ,letters@freepress.com,letters@metrotimes.com,lett ers@detnews.com,john.eby@leaderpub.com,sean@dundee .net,edit@upnorthpub.com,rrudden@dailypress.net,sj enkins@hometownlife.com,kmartin@mn.homecomm.net,le tters@flintjournal.com,news@ncats.net,
    smason@hometownlife.com,editor@gaylordheraldtimes. com,editor@ejourney.com,lpainter@grandhaventribune .com,pulse@grpress.com,gleiva@gtherald.com,dclark@ staffordgroup.com,editor@ilecamera.com,jminnis@gro ssepointenews.com,james.pruitt@hillsdale.net,Jim.H ayden@hollandsentinel.com,frontdesk@countywidenews paper.com,bsargent@mininggazette.com,resorter@voya ger.net,kniebel@hearstnp.com,editor@iosconews.com, marian@ironcountyreporter.com,news@ironmountaindai lynews.com,globenews@chartermi.net,editor@citpat.c om,frontdesk@birchrivergroup.com,rpierce@kalamazoo gazette.com,ksmith@oe.homecomm.net,sentinel@up.net ,dmelot@lsj.com,editor@countypress.com,editor@leel anaunews.com,mstuart@ht.homecomm.net dvarga@hometownlife.com,sbegnoche@ludingtondailyne ws.com,vanhulle@macombdaily.com,editor@marcellusne ws.com,msysop@hdtinfo.com,newsroom@miningjournal.n et,
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