Immigration Information Discussion Forum

Immigration Information Discussion Forum http://www.immigration-information.com/forums/ An immigration discussion forum en Tue, 07 Sep 2010 23:54:01 GMT vBulletin 60 http://www.immigration-information.com/forums/images/misc/rss.png Immigration Information Discussion Forum http://www.immigration-information.com/forums/ H1B RFE and Client Letter http://www.immigration-information.com/forums/working-nonimmigrant-visas/12002-h1b-rfe-client-letter.html Tue, 07 Sep 2010 22:15:13 GMT Vendor > Client) and recently applied for extension beyond 6 years on the basis of an approved I-140 (Eb2 category). USCIS issues RFE asking for documents such as client letter, vendor letter and...]]> Hi Ron,

Questions are related to H1B RFE and Client Letter. I am working as a consultant (Employer > Vendor > Client) and recently applied for extension beyond 6 years on the basis of an approved I-140 (Eb2 category). USCIS issues RFE asking for documents such as client letter, vendor letter and documents showing Employer - Employee relationship.

I handed over all the documents to my employer (client letter, vendor letter, tax documents etc.). I received client letter that shows the need of my services for next 3 years. After submitting the letter to employer for RFE response, I came to know that the client manager from whom I received the letter is resigning from the company. Employer has already prepared the RFE reply. In this case, will there be any issue during RFE response review? What kind of problems may we face? How to handle this issue?

Kindly let me know your feedback on this issue.

Best Regards,
Vinay ]]> Working Nonimmigrant Visas vinay_paradkar http://www.immigration-information.com/forums/working-nonimmigrant-visas/12002-h1b-rfe-client-letter.html N400 multiple Home addresses during same time http://www.immigration-information.com/forums/naturalization-become-us-citizen/12001-n400-multiple-home-addresses-during-same-time.html Tue, 07 Sep 2010 22:01:08 GMT Hi, I was trying to fill Section 5 in N400 application and have following question when filling Home address. I worked as independent consultant(self employed) for 2 years and as such I maintained 2 residencies (Leased apt in Texas - Home and leased another apt in Arizona - client location) at... Hi,
I was trying to fill Section 5 in N400 application and have following question when filling Home address. I worked as independent consultant(self employed) for 2 years and as such I maintained 2 residencies (Leased apt in Texas - Home and leased another apt in Arizona - client location) at the same time and approximately for equal amount of duration (overlapping times as I had work from Home option also).

More details :

Between Jan 2008 and June 2009, I was living ~ 50-50% in both Arizona and Texas due to reasons mentioned above.
I was holding Arizona license during that period and some credit card statements had Arizona address and others had Texas address.

For the year 2008 (Jan - Dec) taxes, I have provided Texas address.

So, which address should I put as my home address between Jan 2008 and June 2009 ?

Or should I make 2 entries with both addresses for the same period ?

Can I please know what does the BCIS use this address history for ?

If they are verifying address history against IRS, then I can use Texas address as thats the record IRS had.

If they are verifying address history against drivers license/crime, then I can use Arizona address as I had that state license.

Any clarification would be appreciated.

Thanks, ]]> Naturalization to become a US citizen TexasK http://www.immigration-information.com/forums/naturalization-become-us-citizen/12001-n400-multiple-home-addresses-during-same-time.html concurrent filing at Texas http://www.immigration-information.com/forums/i-140-petitions/11999-concurrent-filing-texas.html Tue, 07 Sep 2010 19:42:06 GMT Hi
I have sent my I140 and 485 straight to TSC using the old instruction (on I140 filing instruction page) on August 18.USPS delivered it on August 24th. So far I have not received receipt&checks are not cashed. Kindly clarify, whether it will be passed on to Lock box facility for further processing or will be sent to me??
With advance thanks ]]> I-140 petitions drnsundar http://www.immigration-information.com/forums/i-140-petitions/11999-concurrent-filing-texas.html Can I file 485 while working through dependant EAD http://www.immigration-information.com/forums/adjustment-status/11998-can-i-file-485-while-working-through-dependant-ead.html Tue, 07 Sep 2010 18:52:38 GMT Can I use my previous EB2 labor(applied on Feb 2006) to file 485 now while I have been on dependent EAD(through EB3 labor filed on Sep 2006) for last 3 years. Please reply. Can I use my previous EB2 labor(applied on Feb 2006) to file 485 now while I have been on dependent EAD(through EB3 labor filed on Sep 2006) for last 3 years. Please reply. ]]> Adjustment of status srkollu http://www.immigration-information.com/forums/adjustment-status/11998-can-i-file-485-while-working-through-dependant-ead.html Visa Availability And Expectation? http://www.immigration-information.com/forums/visa-quota-cutoff-date-issues/11997-visa-availability-expectation.html Tue, 07 Sep 2010 18:23:21 GMT Hi,
Two questions -
1) Even when EB-3 (I) has not been moving forward much - or moving extremely slowly, still, it has not become unavailable. Does that indicate that visa numbers are still available and potentially some could be "wasted" this year also?
2) I know it has be very difficult for any predictions (as Ron has mentioned in different posts), anyone has heard or read about any dates expected and how it may move in Oct and subsequent visa bulletines from anywhere about EB-2 (I) and EB3 (I)? I will ofcourse be interested in Ron's reply as he is the most experienced person but if anyone has any nput that is welcome :) ]]> Visa quota and cutoff date issues GCDEC06 http://www.immigration-information.com/forums/visa-quota-cutoff-date-issues/11997-visa-availability-expectation.html Parents immigration:i-130 question: http://www.immigration-information.com/forums/family-based-immigration/11996-parents-immigration-i-130-question.html Tue, 07 Sep 2010 16:03:25 GMT Ron,i would need your advice:
I am filing for my mother's greencard.In I-130 form it asks to give all the names used(includes maiden).My question is in the section C-7(under other names), should i leave this blank or should i give my mother's name with her maiden name included.I am thinking that if i am doing that then i may have to provide more documentation( which i don't have).for eg for her date/place of birth i am using non availability plus 2 affidavits from relatives.I also have her pan card.her non availability was issued with her new name.My parent's marriage certificate was made almost 25 yrs after their marriage and has my mother's new last name in it.Also keep in mind that all of her paperwork is with my mother's new name.
if i mention her maiden name will i be asked for more paperwork?
Please help. ]]> Family based immigration bgrewal http://www.immigration-information.com/forums/family-based-immigration/11996-parents-immigration-i-130-question.html Reminder: Cap-gap rules http://www.immigration-information.com/forums/working-nonimmigrant-visas/11995-reminder-cap-gap-rules.html Tue, 07 Sep 2010 14:54:31 GMT Lately, we have gotten a lot of questions about the rules for "cap-gap" so I thought I'd re-post this USCIS FAQ on the subject:

Questions and Answers: Extension of Post Completion Practical Training and F-1 Status for Eligible Students under the Cap Gap Regulations

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2009 under the FY 2010 H-1B cap.

What is the H-1B cap?

The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. For FY 2010, the cap is 65,000. Not all H-1B beneficiaries are subject to the cap. Congress has provided that the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. masters’ degree or higher are exempt from the fiscal year cap. H-1B petitions filed on behalf of beneficiaries who will work at institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations are exempt from the fiscal year cap. Generally, H-1B beneficiaries seeking to extend status and/or add employers are not subject to the cap.

What do Current F-1/H-1B Extension Regulations Allow?

Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time where an F-1 student’s status and work authorization would otherwise expire, and up to the start of their approved H-1B employment period. This is referred to as filling the “cap gap”, meaning the regulations provide a way of filling the “gap” between F-1 and H-1B status that might otherwise occur if F-1 status was not extended for qualifying students. An interim final rule published in the Federal Register last year authorized a cap gap extension for eligible students. See 73 FR 18944 (April 8, 2008) “Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions.”

How does “Cap-Gap” Occur?

An employer may not file, and USCIS may not accept, an H-1B petition submitted earlier than six months in advance of the date of actual need for the beneficiary’s services or training. As a result, the earliest date that an employer can file an H-1B petition is April 1, for the following fiscal year, starting October 1. If USCIS approves the H-1B petition and the accompanying change-of-status request, the earliest date that the student may start the approved H-1B employment is October 1. Consequently, F-1 students who do not qualify for a cap gap extension, and whose periods of authorized stay expires before October 1, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status, for the dates reflected on the approved H-1B petition.

Which petitions and beneficiaries qualify for a cap gap extension?

H-1B petitions must be timely filed on behalf of an eligible F-1 student. “Timely filed” means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period, while the student's authorized duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the “grace period.”)

Once a timely filing has been made, the automatic cap gap extension will begin and will continue until the H-1B process has been completed. If the student’s H-1B petition is selected and approved, the student’s extension will continue through September 30th unless the petition is denied or revoked. If the student’s H-1B petition is not selected, the student will have the standard 60-day grace period from the date of the rejection notice to prepare for and depart the United States. Students are strongly encouraged to stay in close communication with their petitioning employer during the cap gap extension period for status updates on the H-1B petition processing. A Form I-797, Notice of Action, with a valid receipt number, is evidence that the petition was filed and accepted.

How does a student covered under the cap gap extension obtain proof of continuing status?

The student should go to their Designated School Officer (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue a preliminary cap gap I-20 showing an extension until June 1st. If the student’s petitioning employer receives a notice of selection from USCIS, the student should return to his or her DSO with a copy of the receipt notice, if possible, for issuance of a new cap gap I-20 indicating the continued extension of status. Students can also check the Student and Exchange Visitor Program information from the Related Links section of this page.

What if the post-completion OPT expired before April 1? It appears that F-1 status would be extended, but would OPT also be extended?

A student who completed his or her post-completion OPT and who subsequently was in a valid grace period on April 1, would benefit from an automatic extension of his or her D/S admission under the cap gap, if the H-1B petition is filed during the H-1B acceptance period, which begins on April 1. The employment authorization, however, would not be extended automatically, because it already expired and the cap gap does not serve to reinstate or retroactively grant employment authorization.

Is a student who becomes eligible for an automatic extension of status and employment authorization, but whose H-1B petition is subsequently rejected, denied or revoked, still allowed the 60-day grace period?

If USCIS denies, rejects, or revokes an H-1B petition filed on behalf of an F-1 student covered by the automatic cap gap extension, the student will have the standard 60-day grace period (from notification of the denial, rejection, or revocation of the petition) before he or she is required to depart the United States. For denied cases, it should be noted that the 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to discovery of a status violation. Such a student in any event is not eligible for the automatic cap gap extension. Similarly, the 60-day grace period and automatic cap gap extension would not apply to the case of a student whose petition was revoked based on a finding of fraud or misrepresentation discovered following approval. In both of these instances, the student would be required to leave the United States immediately.

May students travel outside the United States during a cap gap extension period and return in F-1 status?

The regulations at 8 CFR 214.2(f)(13) state that a student who has an unexpired EAD issued for post-completion OPT and who is otherwise admissible may return to the United States to resume employment after a temporary absence. By definition, however, the EAD of an F-1 student covered under a cap gap extension is necessarily expired. As a result, if the student elects to travel outside the United States during a cap gap extension, he/she should be prepared to apply for an H-1B visa at a consular post abroad prior to returning. As the H-1B petition is presumably for an October 1 or later start date, the student should be prepared to adjust his/her travel plans, accordingly.

Do the limits on unemployment time apply to students with a cap gap extension?

Yes. The 90-day limitation on unemployment during the initial post-completion OPT authorization continues during the cap gap extension.

If a student was not in an authorized period of OPT on the eligibility date for the cap gap extension, can the student work during the cap gap extension?

No. In order for a student to have employment authorization during the cap gap extension, the student must be in an approved period of post-completion OPT on the eligibility date.

May a student eligible for a cap-gap extension of status and employment authorization apply for a STEM OPT extension while he or she is in the cap-gap extension period?

Yes. However, such application may not be made once the cap-gap extension period is terminated (e.g., rejection, denial, or revocation of the H-1B petition), and the student enters the 60-day departure preparation period.

What is a STEM OPT extension?

F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT related to such a degree, may apply for a 17-month extension. F-1 students may obtain additional information about STEM extensions on the Student and Exchange Visitor Program website from the Related Links section of this page. ]]> Working Nonimmigrant Visas Ron Gotcher http://www.immigration-information.com/forums/working-nonimmigrant-visas/11995-reminder-cap-gap-rules.html <![CDATA[Ron, What is the difference between "co-sponsor" and "joint sponsor"]]> http://www.immigration-information.com/forums/family-based-immigration/11994-ron-what-difference-between-co-sponsor-joint-sponsor.html Tue, 07 Sep 2010 14:34:46 GMT Ron,

In I 864A its says:

"Who May Be Considered a "Household Member" for Purposes of This Form?

1.A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult

child, parent, or sibling;

2. A relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent Federal income tax return even if that person does not live at the

same residence as the sponsor;

3. The intending immigrant, in certain circumstances. (See "How Can the Intending Immigrant Be Considered a

Household Member"

I am neither of this 3. However we live unser same roof as She is my mother in law and no income and she is on my tax return as parent with no income

I would appreci ate if you could help me answer this question.

Thanks and regards ]]> Family based immigration qa80 http://www.immigration-information.com/forums/family-based-immigration/11994-ron-what-difference-between-co-sponsor-joint-sponsor.html From GC to USC http://www.immigration-information.com/forums/family-based-immigration/11993-gc-usc.html Tue, 07 Sep 2010 13:01:36 GMT Once a GC is received I believe a person becomes eligible to file for USC after five years. This is not a marriage base GC but family petition F-3. How does the absence count towards the five year period. For example if the GC holder moves abroad for studies? How does this affect the five year... Once a GC is received I believe a person becomes eligible to file for USC after five years. This is not a marriage base GC but family petition F-3. How does the absence count towards the five year period. For example if the GC holder moves abroad for studies? How does this affect the five year waiting timeline?

Much appreciate your help!!!!!!! ]]> Family based immigration citi786 http://www.immigration-information.com/forums/family-based-immigration/11993-gc-usc.html EB3 PD 2005 Sent I485 RFE 2009 - EB3 to EB2 - Please help me http://www.immigration-information.com/forums/general-immigration-questions/11992-eb3-pd-2005-sent-i485-rfe-2009-eb3-eb2-please-help-me.html Tue, 07 Sep 2010 12:39:55 GMT Ron, I have applied GC in EB3 (PD 2005),sent response to I485 RFE on Geographical location during March 2009. I-485 stage is at pending stage. It has been more than a year,is that means that USCIS validated the documents and RFE was closed. Thanks Joe Ron,

I have applied GC in EB3 (PD 2005),sent response to I485 RFE on Geographical location during March 2009. I-485 stage is at pending stage. It has been more than a year,is that means that USCIS validated the documents and RFE was closed.

Thanks
Joe ]]> General immigration questions help4GC http://www.immigration-information.com/forums/general-immigration-questions/11992-eb3-pd-2005-sent-i485-rfe-2009-eb3-eb2-please-help-me.html B1/ B@ visa assistance http://www.immigration-information.com/forums/non-working-nonimmigrant-issues/11991-b1-b%40-visa-assistance.html Tue, 07 Sep 2010 00:14:49 GMT Hey Ron, I am a citizen of one of the caribbean islands.I currently have a B1/ b2 visa for entry to the US. My fiance also leaves in the US and has one more year before she becomes a citizen. She is currently a green card holder. We would like to get married and are unsure as to what steps we... Hey Ron,

I am a citizen of one of the caribbean islands.I currently have a B1/ b2 visa for entry to the US. My fiance also leaves in the US and has one more year before she becomes a citizen. She is currently a green card holder. We would like to get married and are unsure as to what steps we need to take to start the process. We have questions like where should the wedding get done? Should it take place in the US or the caribbean? Which place would be faster in the processing of the paperwork for me? Also, how does it work since I already have a visitors visa? Is getting married on this visa and then filing the necessary paperowrk an option that would not be detrimental to my stay in the US?

Also, what paperwork should be filed? We see so much information on so many immigration sites that its become so confusing? What do you suggest? ]]> Non-working nonimmigrant issues smow http://www.immigration-information.com/forums/non-working-nonimmigrant-issues/11991-b1-b%40-visa-assistance.html Ron, can you make sense of this? http://www.immigration-information.com/forums/adjustment-status/11990-ron-can-you-make-sense.html Mon, 06 Sep 2010 20:07:04 GMT I have been following various websites where folks 'track' approvals of their EB AOS petitions. I've been noticing some trends, ever since EB2I/C cut-off dates started moving forward in Q4 of FY2009-10:

1) EB2I/C Folks with PDs of Apr and May 2006 are getting their AOS approved while folks with PDs in late 2005 are still pending with no movement on their cases.

2) Some applicants are getting RFEs for EVL or biometrics notices prior to approval, while others are directly getting approved (even in cases where their AOS filings and biometrics were done in 2007 and no follow-up since, not even an RFE).

3) Many folks claim that they got approval e-mails within hours of opening an SR (or initiating a congressman/senator inquiry) while others have done all that and yet seen no movement in their cases.

Ron, do you have any insights to share on what exactly is going on at USCIS re: processing pending AOS cases? Do they go by PD or I-485 RD? Do they have criteria based on which they decide whose cases to pick up? And how is it that they send out cards to folks whose cases have not been touched since biometrics were taken sometime in 2007? There even seem to be cases where the applicant quit and left the country a year or more ago and suddenly received notice that their AOS has now been approved. As a layperson none of this makes any sense to me, so I was hoping you might be able to shed some light on the nature of this apparent chaos... ]]> Adjustment of status utqiagvik http://www.immigration-information.com/forums/adjustment-status/11990-ron-can-you-make-sense.html GC and Canada AINP nomination...help http://www.immigration-information.com/forums/general-immigration-questions/11989-gc-canada-ainp-nomination-help.html Mon, 06 Sep 2010 18:46:54 GMT Hi, i got my GC recently. also i got my Alberta AINP nomination recently and have been asked to submit medicals for AINP canada immigration. i am thinking of submitting the medicals for canada immigration for the time being but will think later on discarding canada immigration or keeping it. ... Hi, i got my GC recently. also i got my Alberta AINP nomination recently and have been asked to submit medicals for AINP canada immigration. i am thinking of submitting the medicals for canada immigration for the time being but will think later on discarding canada immigration or keeping it.

question is, is there any harm in persuing canada immigration while on GC ? Thanks ]]> General immigration questions mk1039 http://www.immigration-information.com/forums/general-immigration-questions/11989-gc-canada-ainp-nomination-help.html F2B-F1-F3 and probably back to F1 http://www.immigration-information.com/forums/family-based-immigration/11988-f2b-f1-f3-probably-back-f1.html Mon, 06 Sep 2010 15:04:07 GMT Hi RON mine has been a long journey,i started of as an F2B IN 2007 then into F1 after my mum got naturalized.later i got married and sure will be moving into F3 but this gets very complicated because my marriage just ended.is it possible to convert back to F1,what can i do . Thanks ... Hi RON
mine has been a long journey,i started of as an F2B IN 2007 then into F1 after my mum got naturalized.later i got married and sure will be moving into F3 but this gets very complicated because my marriage just ended.is it possible to convert back to F1,what can i do .
Thanks
Darkchild ]]> Family based immigration darkchild http://www.immigration-information.com/forums/family-based-immigration/11988-f2b-f1-f3-probably-back-f1.html Seeking your advice.. http://www.immigration-information.com/forums/general-discussions/11987-seeking-your-advice.html Mon, 06 Sep 2010 09:18:47 GMT Dear Ron, Please, im seeking your advice re: I am EB3 other worker category with PD of June 2003. Do you have any idea how many more years will i have to wait for the Consular Processing. Also, am a single parent, which means when my lawyer filed my application, dint mention that i have... Dear Ron,

Please, im seeking your advice re:

I am EB3 other worker category with PD of June 2003. Do you have any idea how many more years will i have to wait for the Consular Processing.

Also, am a single parent, which means when my lawyer filed my application, dint mention that i have a child. Will this affect my application if in case i will declare in the interview that i have a child.

Highly appreciate your help. Thank you so much. ]]> General discussions sashalady http://www.immigration-information.com/forums/general-discussions/11987-seeking-your-advice.html