chem2
08-17 07:07 AM
The employer cannot ask you to pay H1 filing fees. You may be responsible for attorney fees, but legally the employer is not allowed to charge you for any filing fees they pay the USCIS (the ~1400 $ you mentioned earlier). I have been in the same situation for many years, my employer requires me to pay attorney fees, but they take care of the H1 filing fees.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
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jnraajan
03-27 01:14 PM
Hey Dont Thank me. Thank IV, which is you and me and everyone else.
Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.
Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.
kirupa
01-02 06:38 PM
glos - that is fine :) Feel free to submit it then!
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indio0617
02-08 09:29 AM
Yes. Travelling through Europe has become a big hassle these days. Avoid the London route. It is the worst. I have travelled via Frankfurt (Lufthansa) several times. But Lufthansa is getting troublesome too these days.
The South Asian route via Singapore is the best. SIA In- flight service is excellent and you will notice a marked difference in their "attitudes". I have heard about China Airlines too. You might want to check that out as well.
The South Asian route via Singapore is the best. SIA In- flight service is excellent and you will notice a marked difference in their "attitudes". I have heard about China Airlines too. You might want to check that out as well.
more...
matreen
12-18 11:22 PM
Thank you gc_chahiye for you nice explaination. I agreed with your comment on completing 180 days....will do that. I may invoke AC21 afterwards with EAD rather going with H1B transfer as that make better sense to me.....
Any sugessions.....???
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
Thanks,
M
Any sugessions.....???
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
Thanks,
M
rkotamurthy
09-30 12:13 PM
Bump ^^^
more...
glus
12-18 01:05 PM
Hi guys,
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?
My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....
I wonder what is happening....
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?
My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....
I wonder what is happening....
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GCSeekerCT
08-21 07:47 PM
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
more...
smarth
07-10 10:41 PM
EB3-I is still 'U'....any prediction for EB3-I in October'09 Visa bulletin?:(
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alien2006
08-23 12:34 PM
knowDOL, thanks for the info, will keep it in mind.
more...
jung.lee
01-24 02:01 PM
lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!
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hsingh82
04-27 05:06 PM
Dear Sabeesh,
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
If the new visa is not granted or somehow one goes into 221(g) waiting for some check, what happens then? Can you still come back on current visa?
Thanks.
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
If the new visa is not granted or somehow one goes into 221(g) waiting for some check, what happens then? Can you still come back on current visa?
Thanks.
more...
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sundeep14
10-29 01:00 PM
I checked my current labor certification. it has the following details :
ETA FORM 9089
A) PREVAILING WAGE INFORMATION
SOC/O*NET(OES) CODE
15-1031.00
OCCUPATONAL TITLE
COMPUTER SOFTWARE ENGINEER
B) JOB OPPORTUNITY INFORMATION
JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)
C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
PROGRAMMER ANALYST OR SYSTEMS ANALYST
D) JOB DUTIES
CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES
My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.
Any ideas friends?
ETA FORM 9089
A) PREVAILING WAGE INFORMATION
SOC/O*NET(OES) CODE
15-1031.00
OCCUPATONAL TITLE
COMPUTER SOFTWARE ENGINEER
B) JOB OPPORTUNITY INFORMATION
JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)
C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
PROGRAMMER ANALYST OR SYSTEMS ANALYST
D) JOB DUTIES
CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES
My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.
Any ideas friends?
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tampacoolie
08-05 09:08 AM
Thank you guyz for your responses.
I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.
This is the process which i have gone through:
1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.
2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.
when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...
My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.
thanks in advance.....
I also gone through the same process with one exception that, my lawyer sent 3 G28 ( I485, I765 and I 131) and asked me to sign it and return the original. If your lawyer sign your forms as representative, then he/she has to attach G28 for each forms.
Infact I had to sign 5 G28 ( 3 for me and 2 for my minor child). My wife has signed 3 G28.
I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.
This is the process which i have gone through:
1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.
2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.
when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...
My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.
thanks in advance.....
I also gone through the same process with one exception that, my lawyer sent 3 G28 ( I485, I765 and I 131) and asked me to sign it and return the original. If your lawyer sign your forms as representative, then he/she has to attach G28 for each forms.
Infact I had to sign 5 G28 ( 3 for me and 2 for my minor child). My wife has signed 3 G28.
more...
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4greencard
05-27 11:37 AM
How will the new bill affect the I-485 processing time?
Does anyone know the minimum and maximum times required for I-485 processing?
What type of factors delay the I-485 processing?
Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?
Thank you in advance for your information.
Does anyone know the minimum and maximum times required for I-485 processing?
What type of factors delay the I-485 processing?
Let us say A filed for I-485 on the day 1 of the month when PD becomes current, B on the 15th day and C on the last day. Does this mean that A will get greencard first, B next and C last?
Thank you in advance for your information.
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subba
12-13 07:41 PM
I guess the 10 days is "time for pack up" technically.
That is what the POE officer always stamped on my I94.
I was driving to the US from Canada and got a new I-94 on the port of entry. Immigration officer put a date that was 10 days ahead of the expiry on my I-797 telling me that I would have 10 additional days post I-797 expiry to leave the country.
Is this normal? Do I need the date changed on my I-94 to be the date I have on I-797? I would really appreciate your input on this.
That is what the POE officer always stamped on my I94.
I was driving to the US from Canada and got a new I-94 on the port of entry. Immigration officer put a date that was 10 days ahead of the expiry on my I-797 telling me that I would have 10 additional days post I-797 expiry to leave the country.
Is this normal? Do I need the date changed on my I-94 to be the date I have on I-797? I would really appreciate your input on this.
more...
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johnggberg
08-02 01:42 PM
Fed Ex is Good, never had any trouble with them
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voicerj
04-04 10:55 AM
When you are in USA and want to adjustment of status with USCIS then only you need to fill out I 485. If you are in USA or not and want to apply for gc at abroad consulate then you select option in I 140 form which will route your I 140 once approved to NVC. NVC keep I 140 with them until they think date will be current soon. and they send out fee invoice.
If you pay fees and still your date doesn't become current for year , you loose fees since consulate return file back to NVC after a while. Generally NVC be little cautious and guess date so applicant don't loose fees, from this I think if any one get fees notice beyond July 2007 then we can safely say that date will be atleast there at the end of year.I read online that one lawyer mentioned his / her client got fee notice for Nov 2007 case. To me date will go upto Nov 2007 by Sep 2011. I would like to find if more people are getting such fee invoice mail / email.
gc_on_demand - Thanks Man, i just forgot about CP. Got it ! Lost in my own world and hoping something works out this fiscal.
If you pay fees and still your date doesn't become current for year , you loose fees since consulate return file back to NVC after a while. Generally NVC be little cautious and guess date so applicant don't loose fees, from this I think if any one get fees notice beyond July 2007 then we can safely say that date will be atleast there at the end of year.I read online that one lawyer mentioned his / her client got fee notice for Nov 2007 case. To me date will go upto Nov 2007 by Sep 2011. I would like to find if more people are getting such fee invoice mail / email.
gc_on_demand - Thanks Man, i just forgot about CP. Got it ! Lost in my own world and hoping something works out this fiscal.
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amits
07-17 06:20 PM
I don't have words to show my gratitude and appreciation for IV team.
On July 2nd, I was so upset. I did not have a clue of what is going to happen.
Then I came across IV. I joined it as I was joining any forum remotely related to immigration issues.
Logiclife is right, in the beginning it's difficult to realize how important IV is. But as time passed I realized the strength of IV.
When employers, attorney, doctors all were busy making money out of our misery, dedicated core members and others in IV were preparing to take our cause forward and to fight till we got the justice.
Today, And I am glad to be a part of it...
I am with you guys for just 15 days, but I feel empowered.
Today, I was exuberant, and I don't think this would have been possible without so much effort, unity, perseverance, and enthusiasm in our group.
I am going to be a lifetime member and contributor to the cause of IV family.
I run my family in US and understand it's impossible to maintain a family and make progress in the target areas without proper money flow.
To help in that area, I am making first time $500 contribution and then $20 per month.
Thanks a lot IV!
- Amit
__________
Google Order #90033**********
On July 2nd, I was so upset. I did not have a clue of what is going to happen.
Then I came across IV. I joined it as I was joining any forum remotely related to immigration issues.
Logiclife is right, in the beginning it's difficult to realize how important IV is. But as time passed I realized the strength of IV.
When employers, attorney, doctors all were busy making money out of our misery, dedicated core members and others in IV were preparing to take our cause forward and to fight till we got the justice.
Today, And I am glad to be a part of it...
I am with you guys for just 15 days, but I feel empowered.
Today, I was exuberant, and I don't think this would have been possible without so much effort, unity, perseverance, and enthusiasm in our group.
I am going to be a lifetime member and contributor to the cause of IV family.
I run my family in US and understand it's impossible to maintain a family and make progress in the target areas without proper money flow.
To help in that area, I am making first time $500 contribution and then $20 per month.
Thanks a lot IV!
- Amit
__________
Google Order #90033**********
dvb123
11-21 11:06 AM
[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Notices]
[Page 65588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-75]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2426-07; DHS Docket No. USCIS-2007-0043]
RIN 1615-ZA61
Cuban Family Reunification Parole Program
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces U.S. Citizenship and Immigration
Services' Cuban Family Reunification Parole Program. Under this
program, U.S. Citizenship and Immigration Services is offering
beneficiaries of approved family-based immigrant visa petitions an
opportunity to receive a discretionary grant of parole to come to the
United States rather than remain in Cuba to apply for lawful permanent
resident status. The purpose of the program is to expedite family
reunification through safe, legal, and orderly channels of migration to
the United States and to discourage irregular and inherently dangerous
maritime migration.
DATES: This Notice is effective November 21, 2007.
FOR FURTHER INFORMATION CONTACT: Manpreet S. Dhanjal, Refugee Officer,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 111 Massachusetts Avenue, NW., 8th Floor, Washington, DC
20529, Telephone (202) 272-1613.
SUPPLEMENTARY INFORMATION:
I. Background
In furtherance of the U.S.-Cuba Migration Accords, the United
States endeavors to provide a minimum of 20,000 travel documents
annually to aspiring Cuban emigrants. See Joint Communiqu[eacute] on
Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2,
1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter
``Migration Accords'')). In so doing, the United States offers a safe,
legal, and orderly means of coming to the United States. To date, the
majority of travel documents issued under the Migration Accords fall
into one of three programs: family-based immigrant visas; refugee
resettlement; and parole under the Special Cuban Migration Program,
also referred to as the Cuban Lottery. For information on the Cuban
Lottery, see http://havana.usinterestsection.gov/diversity_program.html
.
Two aspects of the existing array of migration programs limit the
ability of the United States to effectively promote safe, legal, and
orderly migration as an alternative to maritime crossings. First, with
the exception of ``immediate relatives'' (e.g., spouse, unmarried
child) of U.S. citizens (USCs), the number of family-based immigrant
visas that are available in any given year is limited by statute. See
Immigration and Nationality Act (INA) sections 201(c), 202(a) & 203, 8
U.S.C. 1151(c), 1152(a) & 1153. The statutory caps have resulted in
long waiting periods before family members remaining in Cuba may rejoin
the USCs and lawful permanent residents (LPRs) residing in the United
States who petitioned for them. Second, the United States has not been
permitted to hold a new registration period since 1998 due to
constraints placed on the Cuban Lottery program by the Cuban
Government. This greatly reduces the pool of individuals to whom the
United States may issue travel documents.
For these reasons, this Notice adds the Cuban Family Reunification
Parole (CFRP) Program to the list of migrant programs based on which
the United States issues travel documents under the Migration Accords.
II. The CFRP Program
Under the CFRP Program, USCIS may exercise its discretionary parole
authority to permit eligible Cuban nationals to come to the United
States to rejoin their family members. See INA section 212(d)(5)(A), 8
U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States
for urgent humanitarian reasons or significant public benefit); see
also 8 CFR 212.5(c) & (d) (discretionary authority for granting
parole). Granting parole to eligible aliens under the CFRP Program
serves the significant public benefit of enabling the United States to
meet its commitments under the Migration Accords as well as reducing
the perceived need for family members left behind in Cuba to make
irregular and inherently dangerous attempts to arrive in the United
States through unsafe maritime crossings, thereby discouraging alien
smuggling as a means to enter the United States. Whether to parole a
particular alien remains, however, a case-by-case, discretionary
determination.
III. Participation in the CFRP Program
USCIS will offer participation in the CFRP Program to Cuban
nationals who reside in Cuba and who are the beneficiaries (including
any accompanying or following to join spouse and children (see INA
section 203(d), 8 U.S.C. 1153(d)) of a properly filed Form I-130,
``Petition for Alien Relative,'' that has been approved, but for which
an immigrant visa is not yet immediately available.
Under the CFRP Program, USCIS or the Department of State's National
Visa Center (NVC) will mail written notice to U.S.-based USC and LPR
petitioners whose Forms I-130 have been approved regarding their
beneficiary's eligibility to participate in the CFRP Program and the
procedures for requesting parole. However, participation in the CFRP is
voluntary. If USCIS exercises its discretion to grant parole, it will
issue the necessary U.S. travel documents to the beneficiary in Cuba.
These travel documents will enable the beneficiary to travel safely to
the United States to rejoin his or her family members.
Participation in the CFRP Program is not available to aliens who
qualify as ``immediate relatives'' under section 201(b)(2)(A)(i) of the
INA, 8 U.S.C. 1151(b)(2)(A)(i). The extraordinary benefit of parole is
not needed for these aliens, since they may seek visas for travel to
the United States immediately upon the approval of Form I-130.
Additional information about the CFRP Program will be posted at
http://www.uscis.gov.
Dated: November 15, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. E7-22679 Filed 11-20-07; 8:45 am]
BILLING CODE 4410-10-P
[Notices]
[Page 65588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-75]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2426-07; DHS Docket No. USCIS-2007-0043]
RIN 1615-ZA61
Cuban Family Reunification Parole Program
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces U.S. Citizenship and Immigration
Services' Cuban Family Reunification Parole Program. Under this
program, U.S. Citizenship and Immigration Services is offering
beneficiaries of approved family-based immigrant visa petitions an
opportunity to receive a discretionary grant of parole to come to the
United States rather than remain in Cuba to apply for lawful permanent
resident status. The purpose of the program is to expedite family
reunification through safe, legal, and orderly channels of migration to
the United States and to discourage irregular and inherently dangerous
maritime migration.
DATES: This Notice is effective November 21, 2007.
FOR FURTHER INFORMATION CONTACT: Manpreet S. Dhanjal, Refugee Officer,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 111 Massachusetts Avenue, NW., 8th Floor, Washington, DC
20529, Telephone (202) 272-1613.
SUPPLEMENTARY INFORMATION:
I. Background
In furtherance of the U.S.-Cuba Migration Accords, the United
States endeavors to provide a minimum of 20,000 travel documents
annually to aspiring Cuban emigrants. See Joint Communiqu[eacute] on
Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2,
1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter
``Migration Accords'')). In so doing, the United States offers a safe,
legal, and orderly means of coming to the United States. To date, the
majority of travel documents issued under the Migration Accords fall
into one of three programs: family-based immigrant visas; refugee
resettlement; and parole under the Special Cuban Migration Program,
also referred to as the Cuban Lottery. For information on the Cuban
Lottery, see http://havana.usinterestsection.gov/diversity_program.html
.
Two aspects of the existing array of migration programs limit the
ability of the United States to effectively promote safe, legal, and
orderly migration as an alternative to maritime crossings. First, with
the exception of ``immediate relatives'' (e.g., spouse, unmarried
child) of U.S. citizens (USCs), the number of family-based immigrant
visas that are available in any given year is limited by statute. See
Immigration and Nationality Act (INA) sections 201(c), 202(a) & 203, 8
U.S.C. 1151(c), 1152(a) & 1153. The statutory caps have resulted in
long waiting periods before family members remaining in Cuba may rejoin
the USCs and lawful permanent residents (LPRs) residing in the United
States who petitioned for them. Second, the United States has not been
permitted to hold a new registration period since 1998 due to
constraints placed on the Cuban Lottery program by the Cuban
Government. This greatly reduces the pool of individuals to whom the
United States may issue travel documents.
For these reasons, this Notice adds the Cuban Family Reunification
Parole (CFRP) Program to the list of migrant programs based on which
the United States issues travel documents under the Migration Accords.
II. The CFRP Program
Under the CFRP Program, USCIS may exercise its discretionary parole
authority to permit eligible Cuban nationals to come to the United
States to rejoin their family members. See INA section 212(d)(5)(A), 8
U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States
for urgent humanitarian reasons or significant public benefit); see
also 8 CFR 212.5(c) & (d) (discretionary authority for granting
parole). Granting parole to eligible aliens under the CFRP Program
serves the significant public benefit of enabling the United States to
meet its commitments under the Migration Accords as well as reducing
the perceived need for family members left behind in Cuba to make
irregular and inherently dangerous attempts to arrive in the United
States through unsafe maritime crossings, thereby discouraging alien
smuggling as a means to enter the United States. Whether to parole a
particular alien remains, however, a case-by-case, discretionary
determination.
III. Participation in the CFRP Program
USCIS will offer participation in the CFRP Program to Cuban
nationals who reside in Cuba and who are the beneficiaries (including
any accompanying or following to join spouse and children (see INA
section 203(d), 8 U.S.C. 1153(d)) of a properly filed Form I-130,
``Petition for Alien Relative,'' that has been approved, but for which
an immigrant visa is not yet immediately available.
Under the CFRP Program, USCIS or the Department of State's National
Visa Center (NVC) will mail written notice to U.S.-based USC and LPR
petitioners whose Forms I-130 have been approved regarding their
beneficiary's eligibility to participate in the CFRP Program and the
procedures for requesting parole. However, participation in the CFRP is
voluntary. If USCIS exercises its discretion to grant parole, it will
issue the necessary U.S. travel documents to the beneficiary in Cuba.
These travel documents will enable the beneficiary to travel safely to
the United States to rejoin his or her family members.
Participation in the CFRP Program is not available to aliens who
qualify as ``immediate relatives'' under section 201(b)(2)(A)(i) of the
INA, 8 U.S.C. 1151(b)(2)(A)(i). The extraordinary benefit of parole is
not needed for these aliens, since they may seek visas for travel to
the United States immediately upon the approval of Form I-130.
Additional information about the CFRP Program will be posted at
http://www.uscis.gov.
Dated: November 15, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. E7-22679 Filed 11-20-07; 8:45 am]
BILLING CODE 4410-10-P
meridiani.planum
10-12 08:37 PM
Hi Friends/Gurus,
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
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I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).
In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).
In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.
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