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mm1

10-16 10:00 PM

Can anyone please tell, can the employee be trained by the employee before activation of visa i.e. 1st of October. The employer is not paying employee any wages for his training. Can his training be legal ? Is he allowed to sign any documents on behalf of the company during this training ?

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Lisap

08-25 12:03 PM

Thank you- I am still trying to figure out what all the terms are.... I appreciate your response!

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bajrangbali

07-02 04:03 PM

6. Implications for Certain Employment-
Based Second and Third Categories
Absent legislation providing for additional visa numbers,
the Ombudsman estimates that some individuals under the
�India� category in the Visa Bulletin now may wait at least 10
years to complete immigration processing and obtain a green
card. This estimate assumes maximum annual preference category
and per country usage. If these projections are correct,
affected individuals will spend many years of their working
lives as applicants for green cards, i.e., as neither temporary
workers nor lawful permanent residents.

Looks like stage is set. People already in queue as of 07/2009 have 10 years and no one new can apply for next 10years :mad:

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little_willy

03-06 04:39 PM

To quote from the article

"Hira said that grass-roots groups seeking reforms don't have the money or celebrity support that can turn attention to their concerns. But what they lack in money can be offset to some extent in numbers and effort, he said."

Exactly the same concern IV is facing today. We need more members and more money. In essence, please do your bit to support IV.

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fasterthanlight�

05-09 05:29 PM

Too much wite space. give it a background of smaller, lower opacity leaves as a pattern.

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Blog Feeds

08-27 07:40 PM

U.S. Citizenship and Immigration Services will celebrate the grand opening of its new field office and application support center in Bedford on Thursday, Sept. 2, with a ribbon-cutting ceremony, naturalization ceremony and tours of the facility. USCIS Associate Regional Director Shelley Goodwin will preside during the naturalization ceremony and will administer the Oath of Allegiance to 25 citizenship candidates. She will be joined by USCIS� Boston District Director Denis Riordan and USCIS� Manchester Field Office Director Simon Abi Nader.

Gov. John Lynch will join USCIS and delivering remarks for the special naturalization ceremony. Joining USCIS for the ribbon-cutting ceremony will be Bedford Town Manager Russell Marcoux, Mayor of Manchester Ted Gatsas and Glenn C. Rotondo, acting regional administrator of General Services Administration, New England region.

The new office, at 9 Ridgewood Road, will provide a range of immigration services, including naturalization interviews, lawful permanent resident processing, fingerprinting and photographic services and is well-suited to serve the area�s immigrant community. The new facility replaces the former Manchester location on Canal Street. The new office is based on a national model for new USCIS office locations throughout the country.

The new building is being dedicated to Sgt. Major Abraham Cohn, Civil War Medal of Honor recipient. Cohn was born in 1832 in Guttentag, an East Prussian town. He immigrated to the U.S. in the mid-19th century and fought for the Union during the Civil War serving with the 6th New Hampshire Infantry Volunteers. He was awarded the Medal of Honor �for conspicuous gallantry� in the Battle of the Wilderness (May 6, 1864) and �for bravery & coolness� at the Battle of the Crater (July 30, 1864).

The 25 citizenship candidates originate from 13 countries: Bosnia-Herzegovina, Brazil, China, France, Iran, Kosovo, Malaysia, Pakistan, Poland, Russia, Sudan, Thailand and United Kingdom. The ribbon cutting will take place at 11 a.m. with the naturalization ceremony to follow at 1 p.m.




More... (http://www.visalawyerblog.com/2010/08/new_us_immigration_office_to_o.html)

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tissac

05-06 04:54 PM

My Wife had the same issue when her H1B got approved. Her attorney (It was his mistake) had to amend the petition . But I remember we got a new receipt number and a new I-94 with the corrected DOB when the final approval came. The bad thing is the amendement application also enters the H1-B cycle of months for approval if not filed under premium processing. We had plans to travel back to India and do stamping at that time. I had to pay this attorney $1000 for PP even though it was his mistake.

Regards,
tissac

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lecter

January 5th, 2005, 02:42 PM

off the top of y head and based on what I've read, a D70 is well worth it, even from a D100. A D2H is now cheap too. With lots of Nikon glass the options are quite good. Even a Kodak SLR/n is a good buy.....

Rob

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gawadejyoti

05-29 04:04 PM

in case if my employer will not file extention petition. can i go back india and again apply for L1 visa.

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ram06

04-11 10:10 AM

The substitute elimination rule is still under review and not in effect yet. The premium processing can be done with substitute labor, by attaching the original labor certification.

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kumarblr76

11-06 12:15 AM

More clarifications are required about this new rule, this is a duplicate filing requirement in addition to FBAR

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james_bond_007

03-21 01:19 AM

are there any approvals from TSC lately ? since the online status is down, there is no way to get status updates now. Worse yet we don't get notifications on RFE's and if the lawyer did not notify on time, this is going to be a disaster..

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bugsbunny

05-01 04:19 PM

also see this for detailed rules

Electronic Code of Federal Regulations: (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;rgn=div5;view=text;node=20%3A3.0.2.1.36 ;idno=20;sid=690987c0156ce32c189d9ec09319aa2b;cc=e cfr)

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tonyHK12

01-25 09:27 AM

Legal or Illegal; Congress Crackdown on Immigration - ABC News (http://abcnews.go.com/Politics/bills-seek-crackdown-immigration/story?id=12726462)

The subject is quite misleading.
There is no crackdown on legal immigration.

"Despite that plea, most of the bills that have been filed in the new Congress are aimed at cracking down on immigrants — both legal and illegal
Darrell Issa of California wants to eliminate the 55,000 visas awarded through a lottery and grant them to foreigners who graduated from American colleges
- Alan Gomez"

OK he claims the elimination of DV lottery is a Bill against legal immigration!
Supporters of illegal immigration have always tried to over-hype govt action and scare legal immigrants, by saying the govt is after you too.

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pointlesswait

06-09 11:03 AM

I am currently on H1..working for company A..
Can i work for another company...without transferring my H1 and can i get a 1099 Misc....( they cannot run my payroll as i wont be employed with them)....the work is in the same field...

if 1099 is not feasible.. the only option is to get paid in cash..which i dont want to do..

any inputs.

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kshitijnt

08-27 07:48 PM

Hello All,

I am in a strange situation.

My attorney is about to file my I-1485 this week.

My details:

Previous company:
Perm PD: June 2006 EB2
I-140 EB2 approved in Nov/2006.

Current company:
PERM filed: Oct/24/2007
I-140 EB2 filed on Jan/31/2008
trying to recapture the old PD of June/2006.

Today, when I checked my I-140 status, it says "Request for Evidence sent" yesterday.

What are my options now? I do not know if I am eligible to go ahead and file my I-485 now ? What are the implications if I go ahead and file my I-485 now.? Please let me know your ideas.

Thanks in advance

wait for the RFE. And respond to it first. Or you can go ahead and file anyway.

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sdouglas

06-29 02:44 PM

That did the trick. Thanks. I reinstalled the program and was good to go...

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immique

07-20 09:10 PM

it is my understanding that she just needs your H1 approval notice, employment letter, your pay stubs etc. I don't think she even needs her H4 approval notice for her H4 stamping. I am very sure that only your H1 related documents are needed(she needs your original H1 approval)-please check with your lawyer

Me and my wife filed H1B extension through a company. I moved to consulting after my extension is approved. The consulting company filed my H1B transfer which is approved recently. Unfortunately my employer (the consulting company I moved to) dint file for my wife's H4 extension and he told that was not needed.

My question is can my wife with the petition approved from my previous employer to get her H4 stamped in India?

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java4yogi

03-28 07:38 PM

Hi,

I have been searching a lot for the H4-H1 cases and have come across the following responses from my lawyer.

My wife has an H4 from my previous company expiring in July end 2007.

I have a new approved H1 petition from my new employer approved till Aug 2008. The new employer did not apply for my wife's H4 transfer petition.

I am now applying for my wife's H1 and I had queried from the lawyers if I need to do the following :

a) Do we need to apply for my wife's H4 extension now to my current employer.
RESPONSE FROM LAWYER : NO

b) Do we need to apply for the extension for my wife's H4 visa, since it is ending last week of July 2007.
RESPONSE FROM LAWYER : NO

I am not sure if I am getting the correct responses from my company's lawyer.

I think my wife is going to go out of status if my company does not apply for her H4 extension. Is that correct ?

Also, if her H4 is only valid till July end 2007, will the INS issue her an H1 based on this ? Will my wife be forced to leave US from Aug onwards if her H1 petition is pending with the INS?

I would be very thankful if you could respond to these statements from my lawyer and advise.

Thanks a lot in advance.

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jasmin45

07-16 07:30 AM

I also saw a thread in IV forums dedicated to record experience in SJ rally! you may also find lots of ideas in there as well.

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wandmaker

11-26 02:04 AM

tanyas_21: Amendment processing time is same as normal H1 processing time. Your status is H4 until the H1B amendment (797 w/ I-94) is approved or You re-enter USA after you get your H1B stamped. USCIS usually sends cable to home consulate mentioned in I-129 about the approval of H1B - It is one of the reason, most of the attorneys' recommend people to get it stamped from home consulate. As long as you go with all the paper work, You can get it stamped from Mexico, and I dont see any issues. Do not attempt to get it stamped from Canada unless you have a verifiable US education. Good luck!

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Refugee_New

01-08 03:58 PM

Refugee_New,

Please check your private messages. We do not encourage abusive language on this forum. We very much appreciate your participation in this very important effort but no one wants to see you use abusive language at all times, including when discussing controvertial topics.

Thanks,

Administrator2

Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.

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jayleno

10-01 07:58 PM

I'm a great fan of Obama for what he has achieved so far and in all probability he will win in Nov. I hope the new CIR will not be similar to CIR 2007 as far legal immigration is concerned. After 8 years of paying taxes I would definitely feel greatly disappointed if we get a raw deal for being legal

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rockstart

03-23 12:19 PM

If the e-mail address is ending with "dot GOV" then you should be fine. If some is mailing from yahoo & gmail then dont respond.

thanks for the suggestion..if I get email..I will ask for a Mailing address for sure.

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abracadabra102

01-03 07:01 PM

If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.

You summed up the entire Pakistani approach to terrorism beautifully. We have a problem. You won't cleanup your house and I can't live like you (with all these cockroaches coming from your house). I am afraid I may have to burn your house down. I may lose my house as well, but that is the risk I should be taking.

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Marphad

12-18 12:11 PM

I dont see anything wrong in what Auntlay asked for.. he has asked for investigation as to how Karkare was killed.
his initial verbage was not good.. but what he asked later was completely justified..
All the people in the van, in which Karkare was killed, died except one Hawaldar..
And all the top cops in the same van at the same time, somethings needs to be justified..

True. No doubt this needs investigation. But Antulay's intentions were horrible.

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leoindiano

03-23 11:03 AM

looks like your case have been picked up for random check.......Do you have US masters degree?

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gapala

12-20 08:54 AM

Science keeps evolving as we learn new things. Something that evolves, learn and change is alive. Religion never changes and its "guardians" do not want it to change. Something that never evolve, change even after learning new things is dead. That's the fundamental difference between religion and science even when the two compete with each other in the same sphere to answer different questions of mankind. You seems to suggest that it is bad and wrong for science to continue to get better and evolve?

Do you want to continue to follow a dead path or you think there is a possibility that there is more to this world than what is offered in the organized religion. I am not an atheist because I do believe in the Creator, our source. But I do not believe that any organized religion is the ONLY way to get there, as ALL religions preach. Rather, organized religions keep us away from getting there. All through out history, more people have been killed in the name of religion than any other aspect in nature. How is it possible that the path to our creator be so violent and deadly? The form of all recognized & organized religions practiced by over 99% of mankind is not the direction in which the "GODs" of these religions would want its followers to go. These religions were created by con artists and thugs long after the saints were gone.

I find it funny that you blame science for evolving and making new discoveries i.e. blaming every next generation to learn more than it predecessors. Why? Because the smallest known particle to man is no longer an atom???? And why do people need to lean their faith on a religion. If that faith is true in its entirety, what is the role of a religion? The fact that faith needs a religion on lean on, means that faith is not strong enough, and hence the case for elimination of religion from our way of life.

But you said one thing right. Religion is the way we live. So religion is not the spiritual structure we want to live by but the corrupt immoral wrong way we continue to live, because our parents and our parent's parents lived like that, so it has got to be the right way, right?

Faith could mean different things to different people because relationship with god is personal. But religion is laid out in the form in the "books". There is no difference in the way it says that "Jesus is the only son of God" or "Kafirs must be converted or killed" or "people of lower caste are there to serve Brahmans". There is no ambiguity to this. Now, if the faith is weak and it needs support to lean on a religion, then for some, faith and religion become synonyms. But faith and religion are in two different spheres and they are world apart, no matter how hard the religious right wants to try to obfuscate the meaning of "faith" and "religion".
.

It seems there is misunderstanding. Being in the field of science, I believe science and religion are complimentary to each other rather than competitive as you suggested. I guess you are comparing with what folks "Preach" as religion from books, that is taken out of context. I am not blaming science rather providing a perspective as it is still evolving and we know very little at this moment though it seems a lot :) be it in space research or in human anatomy. Process of birth or process of death :)

Are you suggesting that all organized religions are bad? I guess not. Science spectrum, not at the academic level, but at the professional arena believe that knowledge already exist, call it religious or spritual or something else and that is why we "research" which leads to development. Its very suggestive and not original. Re-search for something that exist but not available point in time. it is not brand new. Just to quote, There is a research project on process of birth, the description of process of birth already exist in the scriptures. I am not naming any here. you can google it if you are interested. Its clearly describe embryogenesis, week by week growth etc. We do not believe anything which is not proven by science right? We could see things through only after the invention of radium further development into X-RAY and Ultrasound technologies and commercial use in 1900's. Descriptions of the past and what we see matches except the language :). Lot of the things of past are yet to be proven by science. You know what is interesting? Descriptions are in the phylosophical book not even a medical book.

To your point, Not only science, everything changes and evolve at the core including you and me. In life science, researchers look at you and me as composition of chemicals which reacts constantly and changes happens every moment. There are few things that does not change.. that is why they are called truth. They stood the test of time such as Earth is not flat :).

We both agree on point that organized religion is not the only way but that does not mean that, its a bad thing, exception of extremism.

Now, not even a single cell in yours and my body remains same after 7 years.. what that means is you are a completely new model after 7 years. Science provided more insight and new pespective into the religion and I do not think the values instilled in us by parents and their parents such as Health, Hygiene, Home, Human Values, Harmony in Diversity etc. are dead. You also have to take into consideration, the circumstances of the past and level of technological development.

We have gotten a new perspective due to research and development in science. Now do not mis quote me comparing with "book religion" that people preach. I am not at all talking about that at all though that is not a bad thing as well other than people who would pervert it in wrong way to create chaos in the world.

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unitednations

03-24 07:56 PM

http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf

Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.

Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).

The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.

USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.

Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.

Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.

However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.

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unitednations

08-02 10:51 PM

ouch. there is always uncertainty, all steps of this gc process :(

thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.

We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.

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pns27

07-14 02:22 AM

Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.

Hi kutra,

Good post I can understand what you want to do here, you are diffusing the tensions between EB2 and EB3. I hope many more people write posts like you and I appreciate it. But factually what you said is not correct "The US immigration system wants EB1 first, then EB2 and then EB3".

What I am posting here I sent the same in private messages to some other members and it helped to diffuse this bad arguments between EB3 and EB2 folks.. I am posting here because I thought with this I can give the right(my?) perspective on this and bring some �sanity� to these arguments.

Here is my take on this EB1, EB2 and EB3.

Out of the total 140K each EB group gets equal quota of 33.33%. So if each EB group gets equal quota of 33.33%, then what and where is the priority? EB1, EB2 and EB3 are just groups, it just means that US need these categories of jobs to be filled by immigrant workers.

By definition always number applications filed in EB3>EB2>EB1 there is no argument there. And the waiting time also will be EB3>EB2>EB1. That is fair, there is no competition here across groups, each have a quota and its own queue, every one competes with in the group.

If first, all(9K Ind)(140K Total) Visas are given to E1 and any leftover are given to EB2 and then any leftover from EB2 are given to EB3 then you can say the priority is EB1>EB2>EB3. The spillover that to from a particular preference has priority I understand. But at the least every group will get its 33.33% if those many category applications are present in that group.

Yes, unused ROW EB1 go EB2 and then to EB3. Yes unused ROW EB2 and ROW EB3 and to EB3. That makes sense and it dos not contradict what I am saying. Now EB2 is special case that there are lots of EB2 India applications are pending so they get only the spillover from EB1.


I agree with you on your statement below, and I feel the same way. Looks like if either Eb2 or EB3 is mentioned in a thread it turning into a bad arguments between EB2 and EB3 hope this ends soon.
As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.

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08-25 10:21 PM

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meridiani.planum

08-06 12:21 PM

ha ha ha cannot stop replying for me the guy going up is EB2 and the guy going down is EB3, unfortunately im going down...... :p

all until the one going down hits a trampoline and the one going up hits a ceiling. Then they reverse course. The trampoline and ceiling are the visa bulletins:

http://travel.state.gov/visa/frvi/bulletin/bulletin_3897.html
(Jan 2008: EB2India 2000, EB3India2001)

http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html
(Mar 2008: EB2India U, EB3India 2001)

http://travel.state.gov/visa/frvi/bulletin/bulletin_4205.html
(May 2008: EB2India 2004, EB3India2001)

Dont lose heart EB3 guys, the DOS/USCIS have no idea how to move the visa bulletins. what looks good now, may not look good next month...

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SunnySurya

12-22 03:16 PM

Well, my dear freind you obviously did not understand what I meant. I still maintain that Kashmir is the root of the problem and India has nothing to gain by keeping it. Caring for India and Caring for Kashmir are two different issues. The very reason , I want to cut off the cancerous finger is to prevent the spread of cancer to the other parts.

On the other hand if some one is attacking me in my home and/or hurting my family or freinds, I have full rights to defend and call for justice to prosecute the attacker, in this case declaring Pakistan a terrorist country.



SunnySurya,
Weren't you the one who said India should gift kashmir to pakistan to solve all terrorrist activities and war ?

How come you became a patriot and started caring about india all of a sudden ?

Do you have any consistent opinion ?

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ThinkTwice

09-26 02:35 PM

I like Mccain to be the president. Based on his experience and his involvement for the country.

Also Mccain is a great candidate for us.

"involvement" ...how does that qualify some one to be president, I am not for McSame or Obama but I know one thing for sure... Who ever is the next president has his work cut out and what this country needs is a visionary leader, not some one with the same of what has got this country into this mess.

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HawaldarNaik

12-29 12:19 AM

Well comparing India to Israel is not going to be justified at this time cause Israel has had a offensive stance right from its inception whereas India has always been reactive, and in the long run, i beleive that has paid off.

However at this point we have to make sure our neighbours take corrective action though to be frank, i am not sure they are capable or have the potency of bringing about the changes cause at the ground level all those dangerous elements (some who have gone and taken refuge from India), enjoy not just support from the intelligence and the army but also from some locals and roam around freely

So in short it is a rogue country, frankly even the super powers are not in control of the situation there ........as some factions are loyal to the superpowers, some to the dangerous elements and some to regional powers, and each one of them is being used by these powers to carry out attacks to various countries around the world...and implment their respective agendas which are contrary to one another.....

What is the strategy for India

In the short term i would say 'Our Sardar' (chieftain...i firmly think this time 'The Sardar' is leading from the front...and not being remote controlled by the lady ) is doing the right thing, he is garnering global support (he first tried the super powers and now is in touch with the regional powers also, and has got PC a highly efficient resource to strengthen internal security), at the same time watching the response from our neighbour, who are talking of war but are trying and i am saying trying to bring about some positive change (how much of that is possible i am pretty pessimestic due to reasons specified above...no single control or point of contact).
In the long term there has to be a solution to the neighbouring country problem either they revamp and reform (after 60 years of being the bad guys...hit men.... for various powers world over), or look at the possiblity of breaking down the wall cause then we can try and clear up the mess......

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psam

07-13 05:57 PM

I have seen these arguments too many times. I have seen STEM vs non-STEM argue over fairness. Maths vs MBA. Now its EB-3 vs EB-2.
At a high level, we all are for skill based legal immigration. Lets work towards that broader goal.

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learning01

05-24 01:00 PM

It's a request.

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Rolling_Flood

08-05 08:33 AM

No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.

I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.

I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.

Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)

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arsh007

01-27 10:50 PM

Here is a link to a Video report from CNN's program Lou Dobbs tonight regarding USCIS incorrect approval of H1-B petitions beyond the 65,000 yearly limit.


(http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv)

http://www.forthecause.us/ftc-video-CNN-VisaCapsIgnored_070126.wmv

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kshitijnt

09-26 07:53 PM

Well I tend to go by the facts:

Bill Clinton was good for immigration , everyone was happy in his days

Eversince GW Bush took over, the USCIS has been consistently hitting below the belt to immigrant communities , right from Sep-11-2001. Not one thing was done for overall improvement in GC process. By this I mean congressional laws.

Another reason I worry about is that McCains advisors are in favor of H1 visa. At no point they mention that they will also support GCs for EB immigrants. This means if he comes to power, there will be high influx of H1Bs without anyone gettting GCs. This seems to be worse than what Obama is planning to do. Maybe a few of us will have to leave in Obamas policy but those who remain here will be better placed. Under McCains policy, there will be a huge pressure on wages by H1B competing against other H1B while there is no reform in GC process. These ladies Carly Fiorina, Meg Whitman are big time in favor of H1 visa so as "to bring down salaries" and so that "they' can make more money. This is their only rationale in supporting H1s. I am not against H1s but the GC process also needs to be fixed. If GC process is not fixed more H1s is not only detrimental to us but also to the newcomers.

Also when we try to get HR5882, the people like Steve King and Lamar Smith come from republican party. McCain is less likely to have any leverage on these individuals even if he comes to power. All of a sudden they can not change their stance on immigration. Another senator in the same bucket is Jeff Sessions.

You guys tell me, should we be more worried about Jeff Sessions and Steve King or Dick Durbin? It seems that Dick Durbin is picking on Indian offshoring companies but nothing to indicate that he is against immigration in general.

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NKR

10-03 04:09 PM

The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB.

Let us give Obama a chance and see what he does… We are already in deep shit and nothing worse can happen

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23 Feb 2011 .

Ann Ruben

04-28 11:04 AM

Assuming you meet the requirements for E visa status as an employee and not an owner of the company, this is a viable strategy.

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fromnaija

09-30 06:06 PM

Yes there is. You need to write to the Service Center that has your I-485 and ask that the approved I-140 with the earlier priority date be substituted for the one in your 485 file.

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RadioactveChimp

04-16 01:39 AM

another one?!?! hahahhahahha

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GCNirvana007

09-06 12:14 AM

my gc is filed under eb3 India PD march 2007

is it true i cant be promoted till GC comes through &

is it true my salary cant be raised beyond a certain point

GC has got nothing to do with your work, who told you that

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map_boiler

08-07 09:57 AM

...that location of the attorney does not matter, unless you need him/her to accompany you to the local USCIS office for complicated cases, or for interviews.

I live in Chicagoland but my attorney is Ron Gotcher in CA (Calabassas/LA area), and I would recommend him very highly. The main thing I liked about him was that he is very reasonable and you can phone/email him as many times as you need to without getting charged left, right, and center.

I would recommend that you pick an attorney that is competent and charges a reasonable price, and one that you're comfortable with as opposed to where they're located.

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kothari_rupesh

07-07 10:59 AM

^^^^^BUMP^^^^^ Please Anybody, time line with recent AP Approvals at NSC ?
Edit/Delete Message

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Blog Feeds

10-15 06:30 PM

Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.

If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.

There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.

Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.

For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.



More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)

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continuedProgress

08-21 08:18 PM

I am on H1-B, and about to apply for I140.
My wife has recently got a F1 visa (and her H4 visa has been left valid).
I am applying for I140. Is it ok to mention her name on my I140 as my spouse?

Thanks in advance,

Ace

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atul555

07-28 11:12 AM

You can have the new stamping done before 6 months of expiry of the current stamp in ur passport or within 1 year of it's expiry.

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Ann Ruben

01-30 10:05 AM

Pradeep,

You must mention ALL citations. Failure to do so can result in an allegation of visa fraud, denial of your application and even the possibility of being placed in removal proceedings. I doubt that either citation would provide a basis for denial of your application, but you should consult with an immigration lawyer before proceeding with your application.

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ravi.shah

01-25 12:16 PM

House Bill Introduced Yesterday to Grant Green Cards and Numerical Limitation Waiver for U.S. Earned STEM Ph.D

HR 399 !!!

Courtesy : The Oh Law Firm (http://www.immigration-law.com)

Thanks.


(I will appreciate if anyone could help me figure out how to create a new thread.)

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thomachan72

01-25 03:47 PM

Returning to the US after living abroad for 9 years and need to know what is the best process for my wife to re-apply for green card.
History:
My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?

Thank you for any and all help you can provide.

cheers,
JakeJake, am not sure but have heard from some previous GC holders that once you surrender then it is very difficult to get it back. She might have to start all over again. Have u checked with any attorney regarding this?

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Saralayar

04-07 04:56 PM

Sorry folks, dumb question, but what does LUD stand for? A few words of explanation would be appreciated.
It is Last Updated Date of the file.

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gcloner

04-15 01:00 AM

You need to bring more clarity in your questions. Has your GC been approved and you are waiting for it to arrive in mail? or it is still pending approval. You do not need any visa to leave US. You will need it to get back in.

Be more clear in your questions and someone will reply.

sorry bout that. gc is still pending in NSC for approval.. had my valid h4... can i still use it incase i stayed in my country for like 7 mos. and gc was approved right after i left the US, can i still go back here in the US with just the valid h4????

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mundakamal

06-21 09:29 AM

Bumping up for some responses..

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roseball

05-09 11:31 AM

Hi,
company A did H1B and H4 (both approval notices. No Visas stamped yet)
company B is doing H1b only. Can the dependent candidate stay on company A's sponsored H4 approval ?

sincerely appreciate any input

Thanks in Advance

No need to file H4 till her current H4 expires. As long as you are maintaining continuous H1 status (without gaps), H4 would remain active till its current validity even if primary H1 applicant changes jobs. You can file her H4 extension of stay petition 90 days in advance from the current H4 expiration date.

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pritesh80

02-15 10:35 AM

Thanks!

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rb_248

06-14 03:48 PM

As my attorney informed us of the dates being current - they are asking for this:

Please advise on the status of removing the residency requirement
since you can't proceed with until this is done.

what does this mean?

may be your attorney got confused you with another J1 client.

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wandmaker

04-26 04:23 PM

Not a lawyer- but my guess is that the date of validity on your H1b (First H1) is the day you can start counting your 6 years. This is regardless of when you started working for your employer.

Example: Employer sponsored H1 for Mr.X on April 2nd 2005. H1 approved with validiity starting 1st oct 2005. Mr. X flew to the USA in december 2005. Started working 15th jan 2006. The 6 years are counted from 1st Oct 05.

Now one can recapture all the months that the employee was on vacation. But I am not sure if this is still an option.

The six year count starts from the day you entered the US first. If you take the above example, six year count starts from December 2005. Additionally, if there is gap from the time you entered and started working that period is considered out of status, that's all together different issue.

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jain4444

07-20 12:58 PM

I received an email from my lawyer on 26th June 2007 that they have received my approved labor certification in mail today. I got my medical examination i.e. form I-693 performed on June 23rd 2007 and received the results on June 25th 2007. I have already filed my I-485. Will it be a problem since I have got my medical test done a few days before receiving my labor certification.

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matrixneo

10-20 12:14 PM

Thanks Guys,
Yes its related to property matters and need to execute on a stamp paper from India, I see below from Indian Consulate, San Francisco website

"If you are obliged to execute the Power of Attorney on a Stamp Paper from India, then please follow the �Apostille� Convention. Once the �Apostille� sticker is affixed to the Power of Attorney, the Consulate is not required to authenticate again the Power of Attorney."

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