Thursday, June 30, 2011

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  • venkat_shiv
    07-26 09:58 AM
    Hi,

    I want to know if i can get a GC without the labour filing. I am currently on L1A visa, but i came into US initially on H1B visa. Given below are the details

    H1B petition approved on: 10/01/2005
    Entry into USA on H1B : 04/23/2006
    L1A petition approved on : 09/23/2008

    Different people tell me different things, some say i will still be considered as H1B and hence have to go through labour filing since i entered USA in H1B status. Some say since my current visa is L1A, i qualify for EB1 category and hence labour is not required and i will get the GC in 6 months. Not sure what is true.

    please let me know

    Thanks




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  • ark_ari
    06-25 09:11 AM
    :(
    I have two different I-94's, since during one of the extension i was in india.

    i am on h4 visa

    In the expired visa the I-94 is until 04/10/2006 ----------34786387997(I-94 number)
    01/21/2005 until 10/09/2007 --------- 92809896930(I-94 number)
    10/10/2007 until 06/02/2008 --------- 34786387997(I-94 number)

    In I-765 form for
    question 10(Alien Registration number or I-94 number(if any)) what do i have to enter?
    plzz help




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  • Leo07
    10-26 04:23 PM
    Immigration hard-liners to lead Judiciary? - Simmi Aujla - POLITICO.com (http://www.politico.com/news/stories/1010/44144.html)




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  • Blog Feeds
    03-24 09:40 AM
    According to a recent report from Business Line, demand for H-1B visas may be on the rise for the coming fiscal year, the filing period for which will open on April 1. While demand will most likely pale in comparison to that of the pre-financial crisis years (when quotas were reached in the first days of the filing period), a turnaround in business sentiment -- and an increased demand from Indian IT companies in particular -- may result in the cap being reached well before the protracted filing period of nearly 8 months during the last fiscal year. While we...

    More... (http://blogs.ilw.com/h1bvisablog/2010/03/h-1b-demand-on-the-upswing.html)



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  • Blog Feeds
    08-24 02:00 PM
    When she and her husband called me, she thought that she qualified for benefits under CSPA. Initially, I was skeptical. In every seminar regarding the Child Status Protection Act (CSPA) that I have presented on behalf of the American Immigration Lawyers Association (AILA), my mantra has always been, if you marry, you lose whatever benefits you gained under CSPA. Still I listened to what she had to say, and in the end, I agreed with her. She and her husband were both physicians, born in India and trained in the U.S. They both would have qualified for permanent residence in...

    More... (http://blogs.ilw.com/carlshusterman/2009/08/cspa-for-married-couples.html)




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  • delhibaba
    07-24 05:06 PM
    As far as I know one of my friend did the same thing. His new H1B transfer (premium processing) got approved and his original extension petition is still pending.



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  • ras
    05-25 03:37 AM
    How about in the similar lines as above post which appears on and off we have it on IV home page too. Either share the same Immigrant of the day with ILW or have our own every day..

    Any thoughts?




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  • Blog Feeds
    05-05 06:50 AM
    My friend John Lamb is an in house corporate lawyer by day and an immigration reform activist in his spare time. Maybe the fact that he's outside the immigration law world gives him some room for thinking outside the box since he's often coming up with creative approaches to changing immigration law. A few months back I wrote about his idea for a "Friends Visa." The idea was largely incorporated in to a bill proposed in Utah recently. Now John has another idea. He would create a program that would allow every person who voluntarily self-deports and stays out of...

    More... (http://blogs.ilw.com/gregsiskind/2011/05/the-sacrifice-bunt-visa.html)



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  • chil3
    05-01 06:37 AM
    Does anyone know if there are any support group/s out there to help plan moving back to india, for good?

    The logistics and closing all the open look in US is a daunting task and it would be great if there are any support groups out there.

    Go to...R2ICLUB - R2ICLUB - Articles Front Page (http://www.r2iclubforums.com/)

    you will have all the info




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  • Suva
    07-19 04:15 PM
    Discussion related to this article is already going on in another thread.

    http://immigrationvoice.org/forum/showthread.php?t=10677

    Please search the forum before opening a new thread.



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  • tnite
    09-25 10:41 AM
    All TriState (NY/NJ/CT) members please join us on Sep 27th, 9 pm for the " No Obligation "Conference Call.
    This discussion is about future social events, mobilization plans and other relevant issues from the tri state area.
    When you sign in, please announce your name so that we know who's attending the tele conference.

    For more information go to

    http://groups.yahoo.com/group/immigrationvoiceny/




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  • alahiri
    07-02 12:16 PM
    The visa bulletin says "Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation"


    But doesnt that mean that no I485 authorizations will happen but filing can still be done and EAD received as de facto?

    Please ask your respective lawyers to clarify this with USCICS/DOS.



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  • virens
    12-09 01:54 AM
    I got an email from USCIS saying my I-485 case is now transferred to National Benefits Centre and is now pending standard processing at a USCIS office.
    I am travelling to India currently and plan to re-enter on AP.

    I wanted to know if
    1. anyone has any ideas as to what this really means, anyone received similar email, experiences?
    My priority date is not current so are they pre-adjudicating my case or planning to send a RFE??

    2. Should I take any specific steps while re-entering on AP?

    Thanks




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  • jvs
    07-11 07:44 PM
    In one of my H1 Visa stamping interviews I was asked to show I-129. I guess it would be wise to carry it along.



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  • Circus123
    04-04 11:21 PM
    This article is very interesting. The legal immigration dropped even though the applications flooded in last year.
    Check these links out!

    http://ap.google.com/article/ALeqM5jVzJBVTd1tawK227QQZltW_jigzwD8VRA5JO1

    Interesting data statistics:
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf




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  • eb3_nepa
    05-15 11:37 AM
    Hey Folks is the Senate poised to take the CIR today afternoon? Any news/updates on that?



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  • rexjenn
    07-19 07:51 PM
    ..




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  • gcfriend65
    03-22 11:57 PM
    Don't worry. Arlene Specter is coming up with his bill.

    http://www.boston.com/news/nation/washington/articles/2007/03/22/kennedy_mccain_partnership_falters/




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  • minimalist
    07-30 03:25 PM
    PERM labor certification is for future job. You should be OK.




    WaitingForMyGC
    01-29 11:14 AM
    Its a mundane process. Do not worry or get over excited about it. Your application is just getting a free ride from Texas to Nebraska. Just wish it a safe journey:-)




    mrajatish
    11-07 10:55 AM
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    Participant Access Code: 502270#



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  • ardard2007
    04-06 12:25 PM
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  • vsc
    01-23 02:19 PM
    Hi

    presently i am working on h1b for a tech company. I also have my ead (obtained as a result of july 07 fiasco).

    Can i start a company, incorporate a llc or a class c company on my ead? What would be my options?

    i know that if i had solely my h1b, i could start a class c company but not work for it(use a gc or a citizen) to do it

    my question is that can i still continue on my status quo--ie use h1 for my employer and use ead to start a company, or i have to give up my h1 status? since my wife is on h4, i have to continue on h1b until she gets her ead.

    thanks!




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  • pmamp
    06-25 02:49 PM
    Does someone can throw light at:

    Can I track EAD online ? And which address is EAD delivered at (Lawyers or Home address)?

    Thanks




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    10-10 07:18 PM
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  • jsb
    09-21 11:43 AM
    i got ead(secondary person) yestesday.and also i applied H1 B which got approved 1 week back and i want to take SSN. so my question is with
    what(H1B or EAD) i should apply for SSN). Do i need to apply SSN with EAD or H1 B? which one will be better ? please let me know.

    You can use either. SS office needs anything to prove that you are authorized to work in the US, which needs a SS




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  • sachi12
    10-18 08:58 PM
    Hi,
    My H1B 6 years will be finished in February. My I140/485 were filed in August and I will be laid off on December 31. What options do I have now?

    - My employer had filed my immigration papers at my current work location. They are willing to relocate me to different location but are not sure on the impact of change in address. Can I relocate with my current 140/485 filed for current address?

    - Can my H1 be extended based on approved labor? I can then move to new location with same employer on renewed H1B and start the entire process again?

    Thanks



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  • arbhaat
    06-21 10:36 AM
    No. I have same situation and this thing never came up.




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  • logiclife
    06-05 04:11 PM
    CPA is not something thats awarded as a graduate degree by an accredited university. So probably no.

    But make sure you are not shutting your option by talking to an immigration lawyer and finding out for sure if you are qualified.



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  • Brad56
    08-04 02:10 AM
    I have bachelors degree in law and 7 years human resource training development manager. Could I apply for eb2?




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  • pmat
    02-26 03:02 PM
    Your PD must be current and 485 filing date (which is also called RD - received date) should be close to USCIS processing times. Currently, I believe that USCIS is working on applications that it received in July 2007.

    But it is USCIS :D - miracles happen!!! Last year, they approved 2006 PD cases while applicants with 2003/2004/2005 were waiting :D Good luck.



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  • Blog Feeds
    01-15 11:20 AM
    This is commendable and also an interesting development because it means that the pro-immigration community is essentially saying that it is necessary to allow one group to receive an important immigration benefit out of lockstep with comprehensive immigration reform. Of course, the circumstances are extreme and allowing Haitians in the US - those here legally and illegally - the ability to stay and work here in order to help their country on its long road to recovery is crucial. Incidentally, the anti-immigrants at FAIR issued an interesting press release today showing their great humanity. They want to grant TPS to...

    More... (http://blogs.ilw.com/gregsiskind/2010/01/la-raza-calls-for-tps-for-haitians.html)




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  • $eeGrEeN
    10-02 11:38 AM
    do you get a FP notice only if you file AP and EAD along with your 485 ?



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  • ramaonline
    10-03 02:12 PM
    Only spouse and unmarried children under 21 can be added as dependents on your I485 application.

    If you are a US citizen then you can sponsor parents for Green card




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  • Blog Feeds
    01-15 11:20 AM
    Cuban-born Emilio Estefan has been one of the most well-known residents of my home town of Miami since my childhood. He was a member of the famous band The Miami Sound Machine and in the years since he has become a highly successful Latin music producer in South Florida's music community. Estefan has been nominated for 28 Grammys over the years and won 14 times. He's also the husband of fellow band member Gloria Estefan. And he is the producer of well-known Latin music stars Marc Antony, Jennifer Lopez and Ricky Martin. And if life as a musician and producer...

    More... (http://blogs.ilw.com/gregsiskind/2010/01/immigrant-of-the-day-emilio-estefan-musicianproducer.html)



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  • Immqry
    08-09 12:55 PM
    Hi ,

    I Am planning to apply for my 10th Year H-1B Extension with the same employer.

    My last H-1B was in 2007. I looked on doleta.gov The Prevailing Wage
    in 2007 for the same job and same location as I am right now at
    Level 3 was 57000.00, Now in 2010 it is 76000.

    I talked to my Employer about this, he says he cannot raise my salary that much.

    My Question is

    1. When I applied for Foreign Labor Cert On-line does the
    Prevailing Wage has to be most recent even in case of H-1B Extension ?

    2. Is is ok If I go to Level-2 Instead of Level-3, will it considered as
    change in Employment ?

    3. The Prevailing Wage for 2008 for the same job and same location
    as I am right now at is 66000. Should I Try to Apply for labor
    cert referencing 2008 Prevailing Wage. ?

    4. What are my options ?

    Thanks

    Immqry




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  • ramus
    03-19 08:26 AM
    Send me IM.. I know about this company...

    Are you from NC? If so please also join our state chapter.



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  • theOne
    12-09 09:40 AM
    My labor/I-140 documents show my salary to be 85K, I am yet to receive my I-140 approval from Nebraska Processing Center, filed in June 2006 under EB-2. Would it cause any problems when I file my I-485 ( priority date March 2004 ) next year if the salary for 2006 is less than 85K ? I was unemployed for two months this year unexpectedly. Thank you for your responses.




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  • ramaonline
    02-11 06:15 PM
    You may be able to stay without a job as long as the future job offer is still open and the gc sponsoring employer has an intent to hire you after the 485 is approved. Please confirm with your immig attny




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  • Raj2006
    01-17 04:04 PM
    Can labor and I140 be filed from an employer, even if employee is not working for that employer currently, may be with the intention of joining that employer at later date? Please reply.

    How about 485?

    thanks.




    Blog Feeds
    11-11 03:50 AM
    Marco Rubio has a challenge. He needs to appeal to conservatives in order to drum up enough votes to defeat popular Governor Charlie Crist in next year's Florida GOP primary. Then he has to run back to the middle to appeal to an increasingly liberal Florida general electorate. When it comes to immigration, he needs to come off as tough on illegally present workers. And then he somehow has to seem reasonable on the issue by the time he gets to the November election. The Miami Herald reports on how this is going to be a tough task.

    More... (http://blogs.ilw.com/gregsiskind/2009/11/florida-senate-candidate-tries-to-straddle-immigration-issue.html)




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  • x1050us
    06-28 09:58 PM
    My last H1 transfer gave me a 3yr H1 approval. But in reality, this will make it 1 year more than the 6 years allowed. My Perm and 140 are approved before the 6th year ended and my company filed a H1B amendment request just a day before 6th year ended. It is still pending. Now, my wife is in india and she has to get back here for filing 485 in july. Can I use my existing H1 to apply for visa in this situation?




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  • gchopefull
    12-17 11:50 AM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced




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    07-26 05:04 PM
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  • gjoe
    10-04 07:05 AM
    I am worried that we would be made to wait for years if they don't have the PD on the application. Why is USCIS working in such an disorganized fashion?



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  • pachinko
    06-24 03:49 PM
    Hi all, I have a question regarding my current situation. I'm currently working for this non-profit organization under my OPT that is good until the end of Oct of this year. My question is basically whether or not I can ask my employer (already agreed) to petition for me for an H1-b visa? Can I still apply right now before my OPT expires or would it be better to apply next year on the first day of April? If I can get an approval for my H1-b would it be good to get a TN in the meantime and later have my employer petition me for an h1-B then?

    Any suggestions would be greatly appreciated as I don't want to waste the opportunity to apply if I can get one at this time. I heard is better and easier to apply for one while under OPT than TN to H1-B but I'm not sure or rather confused about this!

    Thanks in advance.

    Pachinko Dude




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  • Blog Feeds
    06-28 03:20 PM
    I just had a consultation this week with an engineer working on an H-1B for several years with one of America's best known companies. He's got an unusual skill set that makes him highly valuable to the company and he is a good candidate for eventually getting a green card, something he and his company both want to see happen. Unfortunately, he's in a green card category that will be backlogged for several yaers. But this fellow is facing a real problem. He has three teenage children and is facing paying out of state tuition costs for the universities in...

    More... (http://blogs.ilw.com/gregsiskind/2009/06/wa.html)



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  • sbabunle
    01-12 03:55 PM
    USCIS is slowly figuring out these kinds of this can be done using computer technology!!!!




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  • Rb_newsletter
    04-06 04:26 PM
    Canada�s information and technology sector is soon going to face severe shortage of workforce, findings of a latest study have warned.

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  • dellybelly
    08-23 05:00 PM
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  • sanam9696
    06-13 09:42 PM
    Anyone has any idea?

    I have approved I140 (EB3, PD:Nov'04) from previous employer; after getting my MBA (Jun'06), I have changed the job and my job description has also changed. New employer will file the labor after 3 months (HR Policy)..I have good relations with previous employer, they are ready to file I485. Is it possible to file I485(previous employer), while I am working with new employer?

    I am not sure but I came to know (not reliable source), that it is possible to file I485(previous employer) and during the interview, I can submit a support letter from the new employer. is this correct?

    Requesting your help..so near...but so far!!!!!



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  • Pagal
    07-05 03:23 AM
    Hello,

    Sorry to read about that....

    Are you legally in US i.e. can you travel in and out of US?
    If not, then this forum may not be of use to you as the forum exlcusively addresses the issues surrounding legal immigration

    Are you authorized to work in US i.e. do you have a social security number that is valid for employment
    If yes, then you should report the abusing woman to police. If not, then you maybe in viloation of US employment and immigration laws




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    11-10 10:00 PM
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  • cgs
    04-12 03:41 PM
    Can someone get GC’s without reaching the priority dates?

    I don’t have much information but I heard the following by mouth. My friend told me that he came to know a person(Indian) who had got his GC without the priority date being current. His prior status was EAD. If it is real, is this a fluke case?

    I know many people applied for I485 in 2005 Sep, and PD was also from that year, and got the EAD’s. So do they have priority of getting GC than people who had PD dates prior to 2005 but not filed for I485?




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  • aicheema
    06-23 08:21 AM
    Currently, I am working with software firm (not a contract work). My wife is re applying for H4 visa. she applied for h4 last year in Feb, i used to work with contracting firm then and refused under 214b(immigration intent). This time we are applying through attorney. Attorney have sent email thrice to Islamabad consulatein Pakistan stating that denial under 214(b) for H4 is not valid reason.
    But no response from them.

    However my wife is applying again and taking letter with her from attorney stating that reason was invliad.

    I am wondering
    1- Do we need to highlight the previous denial so much as she is applying on new h1B now
    2- in any case, can they revoke and cancel my petition as if they do not find any valid reason to reject again.

    I am looking forward to hear from you

    Thanks



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  • Blog Feeds
    08-13 11:40 AM
    It's not unusual for immigrant sports figures in the US to have big followings in their home countries. When Omri Casspi don's a Sacramento Kings NBA jersey this coming season, it will be extra special for millions of his fellow Israelis who are looking forward to seeing the first one of their countrymen to play in the NBA. Casspi was a star player in Israel and is a first round draft choice this year.

    More... (http://blogs.ilw.com/gregsiskind/2009/08/immigrant-of-the-day-omri-casspi-basketball-player.html)




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  • baburob2
    01-13 09:26 AM
    Hi
    I am trying to analyse the impact based on 245i. Based on it
    PIC countries benefited from unused visas a lot till now to have their PD current/move up. So based on that benefit, Also one thing is clear the unused visas if available are country indepedent and are used at the rate of 27% per quarter.
    so for example 100K visas are available (which i would enjoy having )27K per quarter is available from the start of the year . Now among this 27K how is the distribution, can it be distributed whichever applicant needs PD IRRESPECTIVE of EB1,EB2,EB3(skilled, professional) Vs EB3 other or does it split by the calculations of EB1, EB2, EB3 with 28% EACH and EB3 other NOT above 10K limit

    can someone answer it?



    more...

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  • njdude26
    09-12 09:59 AM
    Company A had applied for an RIR Labor app in Oct'2002. In Mar'06 we got a letter saying that case was closed. Then the attorney asked it to be reopened and it was reopened. Then now end of Aug we got the approval.
    Im in my 8yr of extension based on this RIR.



    Ok since then in early 2004 Company B bought Company A. Then in Mid 2004 Company C bought Company B. Attorney at that time said i dont need to file any H1 and can stay in the H1 from Company A because it was a successor of interest !
    but now the attorney is saying that it will be very difficult to prove this is a successor in interest and there is no way we cna get the I140 approved.

    So..

    1. What do you guys think ? Has anyone gone thru' something like this. Any ideas ? I have also applied for PERM with the current company.

    2. How long can I continue without filing I140 for the labor that was approved.




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  • udayak
    03-06 03:41 PM
    Does anyone have feedback on "Saga Consulting Services"
    (www.sagacs.com).

    They say that, they can pay at 90/10 or 80/20
    and also pay some amount in "per-diem"

    This will make effective rate to be "more than 90%"

    Is anyone currently working with this company ?

    Any type of feedback on this company is
    appreciated.

    Thanks




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  • kopra
    02-25 01:07 PM
    Since you were working all these times, please carry the W2 for 2008 ( for both of you). They may/may not ask for this, but its safe to carry the document


    I am currently on H1 but planning to go on H4 due to current economic scenario.
    I am planning to go to India due to some family reason and planning to get COS from H1 to H4 in India.
    I have my salary slips and my husband has also maintained his status throughout.
    Has anyone heard any horror stories about H4 stamping cases getting denied.

    What documents they ask for when you go for COS from H1 to H4. Besides salary slips can they ask for my W-2's or they need my husband's W-2's only




    ChalapathiChitturi
    11-01 05:30 AM
    Your I-485 will not go forward unti they receive the 140 approval.

    I-485 petition will be undated automatically as soon as the corresponding I-140 is approved.

    As far as I know, you don't have to inform uscis about your I-140 approval.




    solaris27
    08-10 08:42 AM
    Does any one knows why EB2 India is not approving in comparison to 2006.

    As my understanding that USCIS should process application in FIFO and PD.

    My PD is Feb 2005 and when I talked to CS he told me that everything is cleared and my case should be approved .

    He told me to call after 68 days ( don't know why) if my case is not approved till then.I am seeing peoples with 2006 PD are getting there GC .