onemorecame
03-18 10:36 AM
Today i saw Soft LUD on my approved I-140. Is anybody else got same thing?
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sbmallik
05-27 12:09 PM
Aha I see ... yes she can stay in the US beyond the I-94 date as long as the extension application is pending. From the postings i can recollect that in case of a denial the unlawful presence starts from the decision date.
sriswam
11-30 01:59 PM
I havn't gotten mine yet. Filed on Sept 11th at VSC. Check seems to have cleared though -according to the Attorney. However I guess the delay in my case is the exception rather than the rule.
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jnraajan
03-14 04:03 PM
IV Members from Nebraska,
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
more...
sendmailtojk
11-11 03:54 PM
I was recently approved for an employment based GC. Along with me, my wife and < 21 daughter got too. My EB2 labor was applied in Apr 2003 when my son had just crossed 21 years of age (March 1).
When it was time to apply for our I-485s in Aug 2007, the attorney opined that because he had crossed 21 years of age at the time labor was applied, they could not file an I-1485 for him. Not knowing any better, we complied.
Talking to friends I discovered that my attorney was possibly wrong. And that I could have.....
Is my attorney's opinion correct? If not, what can I do now?
Cheers
When it was time to apply for our I-485s in Aug 2007, the attorney opined that because he had crossed 21 years of age at the time labor was applied, they could not file an I-1485 for him. Not knowing any better, we complied.
Talking to friends I discovered that my attorney was possibly wrong. And that I could have.....
Is my attorney's opinion correct? If not, what can I do now?
Cheers
cr52401
03-02 09:29 PM
It really help if you are close to end of the time. I got it in 2 weeks.
more...
Blog Feeds
10-26 11:40 AM
For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
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Rajwaitingon140
09-21 06:26 PM
Dec 21 2007 - EB2 Regular
How come you have DEC'21'2007 I-140 date? date is NOT yer arrived or it is typo mistake?
Thanks
RajWaitingon140
EB-3, I-140 still in process since Dec'2006 at NSC center.
How come you have DEC'21'2007 I-140 date? date is NOT yer arrived or it is typo mistake?
Thanks
RajWaitingon140
EB-3, I-140 still in process since Dec'2006 at NSC center.
more...
martinvisalaw
08-12 02:02 PM
First, the letter you got is probably a standard local office interview letter, so that it assumes a marriage-based interview rather than employment-based. This happens often.
You should have an AC21 letter with you for the interview, to show that you continue to be eligible to adjust status.
You should have an AC21 letter with you for the interview, to show that you continue to be eligible to adjust status.
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snathan
09-18 11:31 PM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
Most of the time its scaring tactics. Anyway you dont have much option here. Go ahead and secure your status first. Then hire an attorney and face Company A legally whatever comes...
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
Most of the time its scaring tactics. Anyway you dont have much option here. Go ahead and secure your status first. Then hire an attorney and face Company A legally whatever comes...
more...
harrydr
04-29 10:16 PM
Currently i have my I-140 approved an that is all i know. To be honest, PD to me means "the day my I-140 was approved". Is that true??
My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.
My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.
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masti_Gai
10-27 08:01 AM
What is the relation between your H1 petition approval and ur hubbyz pay stub i just don't understand. If the query was regarding ur salary which the prospective company is gonna give it would have made sense. But why would ur hubby's salary matter to them for approvin ur H1 is still don't understand.:(
more...
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gbof
09-01 08:48 PM
what are u acheiving out of this poll???? get back to work !!
Don't talk like a lousy school master. You really had not to write what you wrote.
Now coming to your question, I think many people are curious to know if ac21/rfe etc are any hold up & also if the approvals follow systematic movement pd/rd/nd OR it is all at the whim and fancy of IOs
Don't talk like a lousy school master. You really had not to write what you wrote.
Now coming to your question, I think many people are curious to know if ac21/rfe etc are any hold up & also if the approvals follow systematic movement pd/rd/nd OR it is all at the whim and fancy of IOs
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texcan
10-10 08:30 PM
Guys,
This is question to july 485 files, has anyone from Austin, tx received FP appointment.
I filed on jul 25 ( NSC) got transferred to TSC and got receipts on 9/27
and EAD on 10/2, but no FP as yet.
Just wondering if FP did get lost...or am i in line..
Comments, suggestions ???
thanks
This is question to july 485 files, has anyone from Austin, tx received FP appointment.
I filed on jul 25 ( NSC) got transferred to TSC and got receipts on 9/27
and EAD on 10/2, but no FP as yet.
Just wondering if FP did get lost...or am i in line..
Comments, suggestions ???
thanks
more...
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sbnvs@yahoo.com
12-16 06:04 PM
Here is my h1b status:
1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.
Now question, it means my H1B visa valid until Aug 2011?
1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.
Now question, it means my H1B visa valid until Aug 2011?
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bestin
06-23 08:26 PM
Friends
The past few days has witessed a lot of interest from Michigan residents in joining our chapter.However we could approve only a few heads because of the fact that some were inaccesible over phone.
We would also like to remind all members who are willing to join MI chapter to send in their phone number,IV id and your location.This would help us reach you quickly.
The past few days has witessed a lot of interest from Michigan residents in joining our chapter.However we could approve only a few heads because of the fact that some were inaccesible over phone.
We would also like to remind all members who are willing to join MI chapter to send in their phone number,IV id and your location.This would help us reach you quickly.
more...
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imh1b
05-19 09:37 AM
The design is good. Has the cost of Greencard also gone up for new applicants?
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anandrajesh
01-10 04:09 PM
I mean the PD dates moving...;)
Let the PD dates move and give us some relief;)
I call you an ETERNAL OPTIMIST.
Let the PD dates move and give us some relief;)
I call you an ETERNAL OPTIMIST.
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hey.camelo
02-07 08:39 PM
Thanks a ton for the reply. I am new and updated the profile after seeing ur post..
Due to my crysis, i cannot efford to talk to a lawyer..Thanks for the help..
Does the new employer need to start the green card process all over again? I meant the labor(perm). I was asking this question based on my 15 months time..
plz plz ..can u let me the steps that i need to talk to a new employer to apply a green card in eb2..
Due to my crysis, i cannot efford to talk to a lawyer..Thanks for the help..
Does the new employer need to start the green card process all over again? I meant the labor(perm). I was asking this question based on my 15 months time..
plz plz ..can u let me the steps that i need to talk to a new employer to apply a green card in eb2..
sukhwinderd
11-15 04:00 PM
has anyone thought about this :
if DREAM act passes. children staying here illegally will be able to sponsor GC for their parents staying here illegally, after 5 years. and we will still be DREAMing about our GCs.
if DREAM act passes. children staying here illegally will be able to sponsor GC for their parents staying here illegally, after 5 years. and we will still be DREAMing about our GCs.
Blog Feeds
06-09 02:10 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEixjxyO0FS9pWhuOR1mkC6g247qkXFWz4VfLMdm6m2jPmKed1yEsdb_2ykAnVZ2w1bYMFUzBMshZYxveJa_zoK7T_othpz293V_Jv84xcX1Bll8Xm5tqnFJ__q8pkhab9S63ltM5YLW5Ujy/s200/Stethoscope.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEixjxyO0FS9pWhuOR1mkC6g247qkXFWz4VfLMdm6m2jPmKed1yEsdb_2ykAnVZ2w1bYMFUzBMshZYxveJa_zoK7T_othpz293V_Jv84xcX1Bll8Xm5tqnFJ__q8pkhab9S63ltM5YLW5Ujy/s1600-h/Stethoscope.jpg)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
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