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gc2826208-16 01:10 PMThe court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.

Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?

If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.



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AabTuAgaGC06-19 09:56 AMI gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.

I think 4-5 months is decent time to get AP. But with current volume I am not sure.

I don't think traveling back on AP invalids your H1. I checked with my lawyer and this is what he told me.



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neel_gump07-07 12:03 PMMy EAD expires on 07/28/2010. My EAD renewal is currently pending (applied online on 5/18/2010 at NSC). My AP expires on 08/24/2010. I am planning to apply for AP renewal once I finish my move to new address.

So, I really don't know which date to put. BTW, USCIS online application didn't mark that field as required.

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vselvam05-17 03:43 PMAfter filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?

History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.

I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.

I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B

Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?

In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.

Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.

Do I require to start again my GC process? Or Can I continue with the same existing filed application?

I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?

Any advice is appreciated.

Thanks



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mn197508-17 09:25 PMHello

I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway

My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months

Thank you

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aug200705-24 11:04 PMThanks to all for the response. I'll apply for the SSN next week.



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Blog Feeds04-05 09:40 AMWe are very busy these days trying to beat the H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver.

Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.

There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.

Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.

More tips in later posts, good luck filing the H1's tomorrow.




More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)

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saimrathi08-07 03:52 PMEB -2 India..

congrats. was it EB2 or EB3?

All the best with I-140 (and hopefully a concurrent I-485 depending on how dates move in July :) )



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immi200610-16 09:43 PMI know many folks here who have 2 I140 pending from same employer, for same category. One which is current. the other with a newer 140, since u can get 3 year H1 extension

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fromnaija02-01 11:50 AMDepending on your state of residence this may not be enforceable on the part of vendor "y" as this is restricting flow of labor. Find out what the labor law says about such situation in your state.
Also since vendor "y" is not your employer such a restriciton may not apply anywhere!



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arc02-09 08:46 PMCall or Visit your nearest Indian Embassy they should have information on their web site, they usualy take a week and charge 40$.

I did it 1 year back I remember the procedure was real straight forward in San Fancisco.

good luck,

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weasley05-21 09:56 AMIf spill over happens it will be applied based on the Priority date not based on the country quota

Few things:

3. Even if there is any spillover to EB3, nobody knows how USCIS will give those spillover number, will they go to EB3-ROW first or they will go as per the PD of Individuals regardless of Country of Origin.



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ZeroComplexity03-13 03:11 PMIV members should take the moral high ground refrain from making frivolous calls to USCIS, so that genuine issues get addressed quickly by USCIS.

You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.

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pappu08-17 04:09 PMcome on members, there is nobody here from NC? or you dont know of anyone from there who maybe stuck in the GC process?

IV has not got a single response. We might lose this opportunity.



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GC_1000Watt08-08 02:47 AMNothing to worry, you have made no mistake, thats the way it appears

all the best

Thanks buddy! So I believe it's just the state of the consulate..right?
By the way was your case kind of same?

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needhelp!10-16 01:07 PMfrom the front seat



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rajhyd12309-15 08:59 PMMy I485 documents were also received by r.cook at nebreska. still checks are not cleared yet. Not sure what happened. My documents are received on 9:30am 18th July...



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yabayaba10-21 08:06 AMFunny, Low level workers wont come legally by getting ..All the laws for namesake, no one is going to implement this.Indian govt is toatlly corrupt.



sanjay07-10 04:44 PMVisa Bulletin
Number 108
Volume IX
Washington, D.C.


The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.

The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.

In put by Krupa:
=============
Why DOS issued the above mentioned new bulletin on 9th July 2007 ?
What is the legal implications before and after issuing this bulletin ?

Any one can update this thread please?




Instead of update, I request mod's to close this thread. Krupa, just browse this site and you will find more than 4 or 5 threads already open on this topic. Does it makes any sense opening a new thread for each and every doubt you get regarding VB? Let's keep this site clean with minimum threads else our site will go blogs way, with no content and no fizz.



peacocklover01-25 03:14 PMI changed my job recently, I'm starting up with new GC application with my new employer as I had passed only 140 stage with my previous GC application of employer and I couldn't get a chance to file my 485. I have 12 plus years of total IT experience. My question is related to the section in the PERM application for my major field of study. I have a Bachelor's degree in civil engineering from good university in India , finished in 1996. My academics and work experience were assessed with US equivalent study and it's evaluated as Bachelor's degree in Computer Information Systems by qualified and expertized education evaluator. My current company lawyer told me that he would mention it as Computer Information Systems in my PERM application. Is it correct to mention in my perm application for my major field of study as Computer Information Systems?

I will greatly appreciate your valuable suggestions.

Thanks