Lest likely by Feb 3rd, but certainly by Feb 10th.Quote:
Originally Posted by kkruna
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Lest likely by Feb 3rd, but certainly by Feb 10th.Quote:
Originally Posted by kkruna
Q, any news from your source on VB?
Our source is not in touch with last 2-3 months. But now that CO's number is publicly available, anybody can pick up the phone and talk to him. I hear he is a nice guy.
Quote:
Originally Posted by kd2008
Q - are you being sarcastic ;)
http://www.dhs.gov/ynews/fact-sheets...mmigrants.shtm
Quote:
DHS Reforms To Attract And Retain Highly Skilled Immigrants
Release Date: January 31, 2012
The President is deeply committed to fixing our broken immigration system so that it meets our 21st century national security and economic needs. As a part of comprehensive immigration reform, the President supports legislative measures that would attract and retain immigrants who create jobs and boost competitiveness here in the U.S., including creating a "Startup Visa," strengthening the H-1B program, and "stapling" green cards to the diplomas of certain foreign-born graduates in science, technology, engineering, and math (STEM) fields. Together these actions would help attract new businesses and new investment to the U.S. and ensure that the U.S. has the most skilled workforce in the world. In the meantime, the Obama Administration is working to make improvements in the areas where we can make a difference.
As part of these ongoing efforts and in recognition of the one-year anniversary of the White House Startup America Initiative, the Department of Homeland Security today announced a series of administrative reforms which will be completed in the future. These reforms reflect the Administration's continuing commitment to attracting and retaining highly-skilled immigrants. These efforts are critical to continuing our economic recovery and encouraging job creation.
In last week's State of the Union, President Obama noted that "Innovation is what America has always been about. Most new jobs are created in start-ups and small businesses." He also stated in his remarks in El Paso last May, "In recent years, a full 25 percent of high-tech startups in the United States were founded by immigrants, leading to more than 200,000 jobs in America." Echoing this, the President's Council on Jobs and Competitiveness stated in its recent report, "Highly skilled immigrants create jobs, they donŐt take jobs." The initiatives described below will serve to make the United States more attractive to highly-skilled foreign students and workers, thereby improving the competitiveness of U.S. companies in the world market and stimulating U.S. job creation.
Expand eligibility for 17-month extension of optional practical training (OPT) for F-1 international students to include students with a prior degree in Science, Technology, Engineering and Mathematics (STEM).
Presently, an F-1 student may only engage in optional practical training (OPT) for 12 months. F-1 students who graduate in programs of study classified as STEM can obtain a 17-month extension of OPT as part of their F-1 status if the degree they were conferred is included on the DHS list of eligible STEM degree programs. This proposed change would expand eligibility for extension of OPT by including students with a STEM degree that is not the most recent degree the student has received. Furthermore, because of the dynamic nature of STEM related education and training, DHS will continue to review emerging fields for possible inclusion in the list of eligible STEM degree programs.
Allow for additional part-time study for spouses of F-1 students and expand the number of Designated School Officials (DSOs) at schools certified by DHS to enroll international students.
This regulatory reform would allow spouses of F-1 students to enroll in additional academic classes on a part-time basis while their spouse is pursuing full-time studies. Presently, under the current regulation, spouses may only take part-time vocational or recreational classes. Schools would also be given increased flexibility to determine the number of DSOs needed at their institution to meet both the administrative and guidance needs of students.
Provide work authorization for spouses of certain H-1B holders.
This proposed change to the current DHS regulation would allow certain spouses of H-1B visa holders to legally work while their visa holder spouse waits for his or her adjustment of status application to be adjudicated. Specifically, employment will be authorized for H-4 dependent spouses of principal H-1B visa holders who have begun the process of seeking lawful permanent resident status through employment after meeting a minimum period of H-1B status in the U.S. This effort will help retain talented professionals who are valued by U.S. employers and who seek to contribute to our economy.
Allow outstanding professors and researchers to present a broader scope of evidence of academic achievement.
This proposed change to the current DHS regulation would increase the types of evidence that employers can submit to demonstrate that a professor or researcher is among the very best in their field. Presently, applicants for the employment-based immigrant visa category of "outstanding professors and researchers" are limited to specific types of evidence listed by regulation. This would allow "comparable evidence" beyond the specifically articulated regulatory list. This change will harmonize the evidentiary standard for this category with the other exceptional ability immigrant visa categories.
Harmonize rules to allow E-3 visa holders from Australia and H-1B1 visa holders from Singapore and Chile to continue working with their current employer for up to 240 days while their petitions for extension of status are pending.
This proposed regulation would treat E-3 and H-1B1 visa holders the same as other employment-based H-1B and L-1 visa holders by allowing them to continue employment with their current employer for up to 240 days from the expiration of their authorized period of stay, if a petition to extend their status has been timely filed.
Launch Entrepreneurs in Residence initiative
On February 22, 2012, USCIS will launch its Entrepreneurs in Residence initiative with an Information Summit in Silicon Valley, CA, that will bring together high-level representatives from the entrepreneurial community, academia, and federal government agencies to discuss how to maximize current immigration laws' potential to attract foreign entrepreneurial talent. The Entrepreneurs in Residence initiative builds upon DHS's August announcement of efforts to promote startup enterprises and spur job creation. The Information Summit will focus on ensuring that immigration pathways for foreign entrepreneurs are clear and consistent, and better reflect today's business realities. The Summit will include a special recognition of outstanding contributions made by immigrant entrepreneurs to our nation's economic growth and prosperity. The input gathered at the summit will inform the work of the Entrepreneurs in Residence tactical team, which will bring business experts in-house to work alongside USCIS staff for a period of approximately 90 days. Following the summit, the tactical team will convene in Washington, DC to begin its work. To learn more about the summit, please visit Entrepreneurs in Residence Information Summit.
This page was last reviewed/modified on January 31, 2012.
I agree Kanmani.Quote:
Originally Posted by Kanmani
All my signed docs already reached laywer's place on 24th jan.
Its funny how law firm, even though being my employer's official law firm, still wants to wait for the check from employer before filing.
Employer sent email to law firm confirming that he is sending the check right away.
I hope this is my last encounter with these Lords of all creations...... Oh i hate them so much...
My details are below
ASC : Oakland,CA for fingerprinting
SC : TSC
PD: 01/10/2008
MD: 11/30/2011
RD: 12/01/2011
ND: 12/14/2011
FP ND : 01/10/2012
FP Appointment Date: 2/07/2012
Primary EAD/AP: Initial Review.
SPOUSE EAD/AP: Received Email Approval on 02/01/2012
Refresh your 485 basics: FAQ by Murthy: http://www.murthy.com/485faq.html
Hi,
My PD is Mar 2009 and became current in the Feb bulletin. My application is yet to be filed by our law firm(FRAGOMEN). I will be surprised if it even filed in Feb because my colleage's application with PD Aug 2008 is yet to be filed. The response that
we get from Fragomen is that it will be filed shortly but weeks pass by. Is anyone else having similar experience with Fragomen..Thanks for sharing your experience.
Finally, my application was mailed today to TSC, Lewisville TX. :)
PD : May'09
Hi Sportsfan,Quote:
Originally Posted by sportsfan33
Yes. I think your documentation is good.
I think it is best, not to submit a whole lot of additional affidavits etc.. unless really needed for.
Keeping the application simple may have its own advantages. If they really need something, they can surely ask via rfe.. which in recent time have turned out to be good. as soon as rfe is satisfied, 485 has great chance to get approved.
Hope this helps.
Fragoman is my company's law firm as well.
Are you following up regularly with the attorney? Also, you should push your company's immigration department as well.
My PD also also became current in the Feb bulletin, but as expected, Fragoman is moving very very slow. They seem to think that we will be fine as long as AoS is filed before 29th Feb. I am pushing them to file ASAP.
Quote:
Originally Posted by vhk2009
I am in process to file my 485 and when filling out the form i can see the telephone number but don't see anywhere to put EMAIL address, and when reading through several blogs lot of people get email confirmations....am i missing something?
You will have to register on USCIS website.
Once you get your receipts add the case to your portfolio and select the email/text notification options.
Also you can file this form in addition to above: G-1145
Quote:
Originally Posted by harapatta
Guys, I had a basic question regarding the medical exams step for I-485. Do I need to get any certificates/vaccine records from India? Or is it something that the civil surgeon will check when I get an appointment?
You will need the vaccination records. If you don't have one you have two options: 1: Take the vaccines again here or 2) Ask your physician to run a titer to check you are immune against the said diseases and don't require those vaccines.
Check this thread.
Quote:
Originally Posted by kuku82
Thanks! Much appreciated!
Quote:
Originally Posted by gc0907
Filing I-485 for Spouse:
I am getting ready to file I-485 for my wife, I am preparing all the required forms. I talked to my lawyer and she told to attach a copy of my I-485 receipt, which I am doing. Do I need to attach a copy of my I-140 approval ? Also do I need to file form I-134? Any help is appreciated. Thanks.
The lawyer that my company uses charges $1850 in fees for my spouse's initial I-485 petition. That is in addition to the $1070 filing fee. My company pays for mine. Is it generally best to go with the same company for filing my petition and my spouse's when we become current? Also, is the price ($1850) too high or average? Thanks.
The filing fees quoted is average in my opinion. In general, immigration expenditure related to dependents are not covered by the employer.Quote:
Originally Posted by civilengineer
I think they are on the higher sides, my company's lawyer was asking around $1200, so I decided to file my spouse's initial I-485 petition and save the money. It only took a couple of hours, since the lawyer would not let me put the petition in the same package as mine, I had to wait for my receipt to file it. But other than that it was easy to do. I also did receive a RFE for my spouse's BC, which I had to reply on my own without my lawyer's help.Quote:
Originally Posted by civilengineer
civilengineer,
I am sorry. I misread your post . I thought $1850 includes the USCIS fees. $1850 is on the higher end. 750-1000 is good. You try to negotiate, or else you may file on your own with a little help from experienced hands. Good luck!
Hi Gurus,
Can someone please tell me what is done as part of the medical examination for filing I-485. I need to make sure that I can file I-485 this time around.
I read the following in some earlier post:
"N. INS Medical examination must be completed by an INS authorized
Physician – Attachments sent for you and your wife"
Are there any immunizations that need to be taken. Just trying to ensure that I do not miss the boat. My colleague mentioned that he was not immunized and then had to take injections over a span of 6 months to get immunized. Please provide feedback.
Quote:
Originally Posted by Jagan01
Hi Gurus,Quote:
Originally Posted by CleanSock
Please help me. I have posted in the I-485 forum but also posting here as I am worried that I might miss out the boat this time as well.
Can someone please advise about the steps to be taken by a first time filer. I need to know when should I do the medicals. What if vaccinations are required.
1. Should my wife and myself get tested right now for all the things asked under I-693?
2. Regarding the vaccinations, how do you prove that you had taken those as kids ?
Do lawyers charge extra for EAD and AP apart from I-485? My lawyer wants $1850 for I-485 filing, $830 for EAD+AP, for a total legal fee of $2650 and that does not include the $1070 filing fee. So, the total for each person is $3720
Obviously this depends on the lawyer/location/case - there is no set price table. If you are not happy with the price vs value offered - then get in touch with other immigration attorneys in your area and ask about their prices. I personally think that the prices quoted for you are indeed on the higher side - but then my reference point is a small midwest city, small law firm and a kinda clean case in 2012. Your circumstances may be quite difference.
Quote:
Originally Posted by civilengineer
Jagan - we had a pretty extensive discussion about I-693 at the time of the mega inventory buildup. Look it up. The process is a simple one. Call local Urgent Care providers - they (at least in my area) are quite familiar with I-693 requirements and are also quite quick. Only thing that takes time (a day IIRC) is the TB skin test.
Quote:
Originally Posted by Jagan01
Hi Guys
Question for the experts.
I am planning to change the attorney from the one who filed my I-40 and got it approved to a new one. This is because existing attorney delay things because he is very busy and new attorney is cheap and yet provides good service. Do I have to be careful about anything?
Would my existing attorney cause me any trouble in future?
Hi Gurus,
I have asked this earlier but had an update to share. Please let me know your inputs.
My company's law firm is one of the biggest in the area. My case was with one attorney under that firm and he mentioned that when my date becomes current, my wife will have to switch from F1 to H4 before filling I-485. Few months have gone by and that attorney left the law firm and my case was handed to a new attorney at the same law firm. The new attorney says that it is fine to file for my wife's I-485 while she is on F1. My wife is currently on OPT and I am confused about the process ahead. Have received two contradicting views from two attorneys at the same law firm.
What are your opinion on this. My wife is currently on OPT which expires in Jan 2015. We wud most likely have my EAD by then (PD Jan 2009) if we get to apply this FY. Let me know ur opinions.
I would also like to know if any one of you have had consultation with lawyers. I am looking for some good references so that I can discuss my situation with those lawyers.
Jagan,
In your wife's case she can file for AOS when she is on F1(no need to change status to H4), so the new attorney is correct. Good luck.
Quote:
Originally Posted by Jagan01
AFAIK there is no requirement for a dependent to be necessarily on a dependent visa (H4). Dependent can be legally in the country on their own visa. In my case my wife was on H1B when we applied. She shifted on EAD after we got it in 2012. So I believe you can go forward with 485 filing with her on F1.
OTOH - F1 is a Non-Intent visa - that is - you have to show that you do not intend to immigrate (as opposed to H1B where intent is fine). That might be the reason why the first attorney might have suggested changing to H4. Prudent thing to do would be to go ahead with 485 filing with her on F1 - but not do things like visa renewal or overseas travel until you have EAD/AP in hand.
Quote:
Originally Posted by Jagan01
Jagan
Adjustment of status is just that. Adjust of Status.
It can adjust from any non-immigrant status into an immigrant one.
The first lawyer was either wrong or greedy.
Quote:
Originally Posted by Jagan01
I would agree with imdeng and Q.Quote:
Originally Posted by Jagan01
Being in F-1 status is not a bar to filing an I-485.
However, once she has done so, she has demonstrated immigrant intent and there is the possibility of difficulties in renewing the F-1 visa at the consulate.
It's clear even lawyers cannot agree.
Spec
My wife got her F1 stamped in India when our GC was already filed. That time she also held an H4 which is a dual intent one.
So I guess the cliche of showing immigrant intent is harmful for obtaining non-immigrant visa is only true for first time visa application.
If somebody has gotten multiple visas (even if never a dual intent one) then having shown immigration intent is not quite harmful.
What do you think?
p.s. - Just to expand that a bit further.... one has to look at the genesis of this philosophy. Americans don't like the idea of supporting immigrants on government money. As a matter of fact they don't like supporting anybody on govt. money. So when somebody is trying to come to US first time on a non-immigrant visa with immigration intent then obviously it is a red flag because many times a person in US even on non immigrant visa has many more rights that s/he may not enjoy even in his/her home country.
Now if one already had that opportunity to come here and suck the blood out of the system (and trust me I have personally seen such suckers) and then not done that, then there is a good chance that the person is genuinely asking for non-immigrant visa. I think that's what the state dept thinks and so the second time they are super easy to grant a visa.
Talking about my own experience - I always had a very nice weather related conversation with visa officers in mumbai - although I just hated the whole experience which was absolutely humiliating. But some of that is good old India. Sometimes I think Americans on their first trip to India must be appalled how undignified treatment Indians give to each other.
Quote:
Originally Posted by Spectator
I totally agree that is how it should be i.e. taking the totality of the circumstances into account. If someone is already living there and could do so in another visa class, it's totally absurd to deny one type of visa over another.
I'm pretty sure I have seen posts where even lawyers have raised concerns. That involves memory, which might not be so reliable these days. :)
Possibly it comes down to interpretation by individual Consular Officers (which is an uncertain thing), who seem to have a wide range of latitude and opinions. The law seems to be written deliberately vague, so it may well be a lawyer interpretation issue as well.
I'm certainly glad to hear that it can be done.
I have no direct experience, so I think it is better to defer to your own personal experiences.
I would still say that I would not attempt to renew an F-1 visa, having filed an I-485, without having the backup of another visa class or Advance Parole with which to return to the USA.
I think that's a good bottomline of this conversation!Quote:
Originally Posted by Spectator
Q, Spec and imdeng,
Thanks a lot for your replies. I feel so relaxed. I got different opinion form diff lawyers but when the advice comes from people like you at this forum then it is very assuring. Thanks again. It means a lot.
I will go ahead and file the I-485 for my wife while she is on F1 status.