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.
wallpaper Animated HD Wallpaper For
simple1
10-05 03:17 PM
Troll alert. This guy is trying taint eb3 by mixing it up with z visa.
he is asking "Do you guys know if there is any restrictions on which employer to work for on Z visa" in a forum where there are no undocumented.
^^
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
he is asking "Do you guys know if there is any restrictions on which employer to work for on Z visa" in a forum where there are no undocumented.
^^
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
go_guy123
05-18 10:12 AM
How much time is it taking to get PR. Is it 3 years?
uma001...they is a forum for canada immigration in britishexpats.com.
You will get latest timeline data from US. I think it is around 1.5 years now.
fatboysam...Canada immigration is very straightforward.
There is not need for lawyers/agents etc. In my opinion it is better to do yourself.
My observation with lawyers/agents is that they sometimes oversell chances to sign in new contracts and then come up with fine prints etc and put indirect pressure to fudge things.
uma001...they is a forum for canada immigration in britishexpats.com.
You will get latest timeline data from US. I think it is around 1.5 years now.
fatboysam...Canada immigration is very straightforward.
There is not need for lawyers/agents etc. In my opinion it is better to do yourself.
My observation with lawyers/agents is that they sometimes oversell chances to sign in new contracts and then come up with fine prints etc and put indirect pressure to fudge things.
2011 Wallpaper Inspiration HD!
Ram_C
12-06 12:11 PM
bump
EndlessWait,
nothing to worry about, it happened to me too,
I opened an SR and two weeks later my wife got FP and I didn't, I thought I'll wait for a week or two but in vain. When I gave a follow-up call I came to know that FP was scheduled at my Attorney's place (I live in west coast and I was scheduled to attend FP at ASC in East coast) and the twist is my attorney never received it.on top of it when I asked the Rep about possibility of scheduling an FP at my place she advised me to file AR-11 form, at this point it was very clear to me that Rep doesn't have a clue on what she is talking about. the very next day I was luck to get hold of nice rep who said I quote
" I don't understand why these people schedule FP at attorney�s location"
he apologized and said he will open an SR to reschedule at my location and he assured me that this time it will be at my location, which I got in couple of weeks.
Hope you will get your FP notice soon.
good luck:)
EndlessWait,
nothing to worry about, it happened to me too,
I opened an SR and two weeks later my wife got FP and I didn't, I thought I'll wait for a week or two but in vain. When I gave a follow-up call I came to know that FP was scheduled at my Attorney's place (I live in west coast and I was scheduled to attend FP at ASC in East coast) and the twist is my attorney never received it.on top of it when I asked the Rep about possibility of scheduling an FP at my place she advised me to file AR-11 form, at this point it was very clear to me that Rep doesn't have a clue on what she is talking about. the very next day I was luck to get hold of nice rep who said I quote
" I don't understand why these people schedule FP at attorney�s location"
he apologized and said he will open an SR to reschedule at my location and he assured me that this time it will be at my location, which I got in couple of weeks.
Hope you will get your FP notice soon.
good luck:)
more...
smisachu
07-23 03:35 PM
R.William on July 3rd.
InTheMoment
05-02 11:25 PM
janakp,
Almost 100% of your posts have this putting_cold_water on_ones_enthusiasm flavor to it.
Know that there is a skill in even lettting your "pearls of wisdom" be delivered in a non-negative but effective fashion.
For once learn it !
Almost 100% of your posts have this putting_cold_water on_ones_enthusiasm flavor to it.
Know that there is a skill in even lettting your "pearls of wisdom" be delivered in a non-negative but effective fashion.
For once learn it !
more...
howzatt
11-05 09:07 AM
I have a notice date of Oct 1st but no EAD yet. Anybody else in similar situation? My application reached NSC on AUg 13th.
I have received FP notices on Oct 29th
I have received FP notices on Oct 29th
2010 Tiger wallpaper
aardee
09-07 01:53 PM
Just consulted a lawyer and he gave me following solution:
2 applications (1) F1 visa application; (2) I-212 Waiver.
I was asked specific question thru which I got trapped . He gave me 2 options either accept that I worked and not be banned from US , or argue and be banned for 10 years . I was not given many choices . When asked forcefully I simply accepted .
Contacted murthy and rajiv kanna but they declined . Is there any lawyer who handles student deportation cases . Please advise .
2 applications (1) F1 visa application; (2) I-212 Waiver.
I was asked specific question thru which I got trapped . He gave me 2 options either accept that I worked and not be banned from US , or argue and be banned for 10 years . I was not given many choices . When asked forcefully I simply accepted .
Contacted murthy and rajiv kanna but they declined . Is there any lawyer who handles student deportation cases . Please advise .
more...
zCool
05-17 07:27 PM
you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
have proof of documents for all the facts
and then go file in one of the federal courts..
have proof of documents for all the facts
and then go file in one of the federal courts..
hair HD Wallpapers: 2560x1440
moonrah
10-23 02:46 PM
Be proactive and do it ASAP.
more...
javadeveloper
07-27 04:03 PM
Any Idea , which section of 9089 Form we need to look for the position/designation/title our company applied for? Is it F.3 or H.3? here is the 9089 form http://www.foreignlaborcert.doleta.gov/pdf/9089form.pdf
hot White Tiger Wallpaper Hd
Arjun
05-05 05:41 PM
Please do something to change it or try delete/add. :o
more...
house hd wallpapers tiger
slowwin
03-02 10:45 AM
bump
tattoo hd wallpaper tiger. illusions
sdeshpan
07-22 02:53 PM
If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.
Hello Ann - Is that the case even if the new job has a slightly different job profile than the first one that you have an approved I-140 for? Is there anything specific to keep in mind in terms of same/similar job classification?
Thanks!
Hello Ann - Is that the case even if the new job has a slightly different job profile than the first one that you have an approved I-140 for? Is there anything specific to keep in mind in terms of same/similar job classification?
Thanks!
more...
pictures wallpaper tiger. 70 Tiger Wallpapers. 1600x1200; 70 Tiger Wallpapers.
ksrk
09-01 03:16 PM
Got the email this morning...
EB2I
PD : 10/04
RD : 07/02/07
Beat the 10 year deadline by couple of months :)
Priderock, congratulations on your obtaining the coveted GC. Can you please update your profile to reflect India as your country of chargeability? Also, additional details in your profile will be very helpful.
Good luck and congrats again!
EB2I
PD : 10/04
RD : 07/02/07
Beat the 10 year deadline by couple of months :)
Priderock, congratulations on your obtaining the coveted GC. Can you please update your profile to reflect India as your country of chargeability? Also, additional details in your profile will be very helpful.
Good luck and congrats again!
dresses Tiger and Lion Wallpapers
singhsa3
08-19 08:03 AM
Forgive me but being an active volunteer I am seeing state of the affair so was compelled to make these comments.
You are on 8th year of extension and this is a very stressful moment for you.
IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.
We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.
If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
You are on 8th year of extension and this is a very stressful moment for you.
IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.
We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.
If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
more...
makeup hot 05/hd-wallpaper-tiger.html
helpfriends
04-16 01:22 PM
they entered on a green form and no, it is not attached to the L1A Petition approval. So, they can just leave and then get stamped coming back in?
girlfriend wallpaper. Source
GCVivek
05-13 08:26 PM
Diversity lottery numbers are deemed invalid due to computer glitch.
hairstyles 2011 HD wallpapers
s416504
12-09 01:46 PM
EB?/ALL/China/India/MEXICO/PHILIPPINES
1st C C C C C
2nd C 22JUN06 08MAY06 C C
3rd 22MAR05 15DEC03 01FEB02 15APR03 22MAR05
1st C C C C C
2nd C 22JUN06 08MAY06 C C
3rd 22MAR05 15DEC03 01FEB02 15APR03 22MAR05
up_guy
07-25 09:20 AM
AC21 Attorney Selection (Suggested by new employer Vs selected by you)
================================================== ===
Subject : While changing jobs we have two options
1) Hire your new attorney and you pay for it or
2) Use the attorney that is recommended by your employers and its paid my new employer
Agenda : Discuss Pros and Cons of each options
My views : Its better to use attorney from your new employer because its free, because s/he can better coordinate with the employer to get the offer letter describing same and similar job duties and also if you change to another job again you can change this attorney too..you have options and they are at no cost to you
Does anyone differ from me and has any reason that why should I go for my own attroney (not using new employers attorney) for AC21 ?
Thanks any advance for your participation in this discussion
================================================== ===
Subject : While changing jobs we have two options
1) Hire your new attorney and you pay for it or
2) Use the attorney that is recommended by your employers and its paid my new employer
Agenda : Discuss Pros and Cons of each options
My views : Its better to use attorney from your new employer because its free, because s/he can better coordinate with the employer to get the offer letter describing same and similar job duties and also if you change to another job again you can change this attorney too..you have options and they are at no cost to you
Does anyone differ from me and has any reason that why should I go for my own attroney (not using new employers attorney) for AC21 ?
Thanks any advance for your participation in this discussion
EZEkiel
10-14 08:08 PM
i voted for Phat7
1. because i like the lemon
and
2. i like the chick ! (hey i am male what else am i supposed to look at) :beam:
well done all
peace
E1kO
1. because i like the lemon
and
2. i like the chick ! (hey i am male what else am i supposed to look at) :beam:
well done all
peace
E1kO
No comments:
Post a Comment