rajuram
11-14 10:03 PM
Good to see motivated members.....
It is certain that the politicians will not touch the immigration topic in the next one year. Even after best efforts of the president the immigration bill failed in the senate few months ago.
One and only one thing that can be tried before Nov 2008 is the recapture of visa numbers from the last five years. I think IV should push for that.
Other than the above not much can happen, get ready for really long cold winter and then a looong hot summer. I wish things were better.
It is certain that the politicians will not touch the immigration topic in the next one year. Even after best efforts of the president the immigration bill failed in the senate few months ago.
One and only one thing that can be tried before Nov 2008 is the recapture of visa numbers from the last five years. I think IV should push for that.
Other than the above not much can happen, get ready for really long cold winter and then a looong hot summer. I wish things were better.
wallpaper “Gold Rush” is not unlike a
Blog Feeds
08-26 07:30 PM
Great Analysis from AILA to share with our readers. PL 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html) and $2,250 for certain L-1A (http://www.h1b.biz/lawyer-attorney-1137416.html) and L-1B petitions postmarked on or after August 14, 2010. Petitioners subject to this new fee include employers with more than 50 employees in the U.S., for which 50% of their workforce is on H and L visas. The fee will remain in effect through September 30, 2014.
USCIS indicated that Vermont Service Center and California Service Center were instructed to hold any H or L petitions sent after that date, pending guidance on how to determine whether the petitioner is subject to the new fee. USCIS will be modifying the I-129 or H-1B Data Collection Form to include information on whether this fee applies.
In the interim, USCIS suggested that petitioners could proactively include a �certification� regarding the fee, including a notation of whether the fee is required in bold capital letters at the top of the cover letter. The sample certification that the petitioner is not obligated to pay the fee would be:
�[Name of employer] has over [insert total US employees] employees in the United States, of whom fewer than [insert number or percent] are H-1B or L nonimmigrants. As such, [name of employer] is not subject to the additional fees required under PL 111-230.�
We will update our readers as we receive more guidance on this new change.
More... (http://www.visalawyerblog.com/2010/08/h1b_visa_attorney_understandin.html)
USCIS indicated that Vermont Service Center and California Service Center were instructed to hold any H or L petitions sent after that date, pending guidance on how to determine whether the petitioner is subject to the new fee. USCIS will be modifying the I-129 or H-1B Data Collection Form to include information on whether this fee applies.
In the interim, USCIS suggested that petitioners could proactively include a �certification� regarding the fee, including a notation of whether the fee is required in bold capital letters at the top of the cover letter. The sample certification that the petitioner is not obligated to pay the fee would be:
�[Name of employer] has over [insert total US employees] employees in the United States, of whom fewer than [insert number or percent] are H-1B or L nonimmigrants. As such, [name of employer] is not subject to the additional fees required under PL 111-230.�
We will update our readers as we receive more guidance on this new change.
More... (http://www.visalawyerblog.com/2010/08/h1b_visa_attorney_understandin.html)
TimeSaver
05-17 09:46 AM
Hi All,
I need some advice from gurus.
1. My company filed for my labor and then EB2-140 with March 2007 PD.
2. A labor became available with EB3 specs and September 2002 priority date.
3. I wanted to capture that but my company lawyer said no stick with EB2.
4. Just before July 07 fiasco, when labor-sub was getting eliminated, I asked and applied for labor-sub I140 with Eb3 and September 02 PD.
5. Filed I485 with EB3 140's copy and receipt number.
6. Just recently both of the 140s got approved.
7. Eb3 PD is not current but if I could use the EB3 pd to put into EB2, I could be current. Is there a way or am I day dreaming?
Thanks
I need some advice from gurus.
1. My company filed for my labor and then EB2-140 with March 2007 PD.
2. A labor became available with EB3 specs and September 2002 priority date.
3. I wanted to capture that but my company lawyer said no stick with EB2.
4. Just before July 07 fiasco, when labor-sub was getting eliminated, I asked and applied for labor-sub I140 with Eb3 and September 02 PD.
5. Filed I485 with EB3 140's copy and receipt number.
6. Just recently both of the 140s got approved.
7. Eb3 PD is not current but if I could use the EB3 pd to put into EB2, I could be current. Is there a way or am I day dreaming?
Thanks
2011 Melbourne After the Gold Rush
Euinox
05-20 01:10 PM
I came to US in 2009 March (on H4 Visa) ,
I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.
Now I am on H4 till date.
I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)
Now I have inquired some other place and gone through different forums to get answer.
Here is the query,
If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??
What kind of H1B petition I need to file and when it will get approved?
Will this be a fresh H1B petition or something different?
Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?
Please help me in this issue. I will really appreciate your help.
Any document/ link which shares light to similar issue is really helpful for me.
I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.
Now I am on H4 till date.
I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)
Now I have inquired some other place and gone through different forums to get answer.
Here is the query,
If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??
What kind of H1B petition I need to file and when it will get approved?
Will this be a fresh H1B petition or something different?
Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?
Please help me in this issue. I will really appreciate your help.
Any document/ link which shares light to similar issue is really helpful for me.
more...
imh1b
01-10 05:19 PM
Why isn't IV a national member of the Reform Immigration for America Campaign? If you take a look at the list of participating organizations Organizations � Reform Immigration For America (http://reformimmigrationforamerica.org/about/organizations/) you'll only see that the TX state chapter has signed on. Core group, could one of you take a look and sign-up? Would IV consider cooridnating events with them during 2010?
I saw the list and all organizations want to give citizenship to undocumented. We are all documented.
I saw the list and all organizations want to give citizenship to undocumented. We are all documented.
Dhundhun
05-03 12:24 AM
Thanks Dhundhun.
To be clear When you say "packets" should i put them within two envelopes?
I was planning on just putting the documents(application and supporting docs) bound by paper clips.
sorry if its a dumb question but this being my first time filing this wanted to be extra sure.
Yes. One envelop for AP and the other one for EAD. Put both envelops in Fedex envelop.
To be clear When you say "packets" should i put them within two envelopes?
I was planning on just putting the documents(application and supporting docs) bound by paper clips.
sorry if its a dumb question but this being my first time filing this wanted to be extra sure.
Yes. One envelop for AP and the other one for EAD. Put both envelops in Fedex envelop.
more...
IntezarGCKA
02-17 11:15 PM
It won't be through any company. It would be through the school itself. If the school needs a teacher then it can file for his/her h1b.
Thanks Godbless
Does anyone know about a School that require teachers and apply their H1B.
Thanks Godbless
Does anyone know about a School that require teachers and apply their H1B.
2010 the first gold rush town
DareYouFireMe
04-19 09:56 AM
Probably you got to make you aware of science of immigration. Tell the authorities what they ask for (not what you want to tell). These days merger and aquisitions are commonplace and USCIS may be aware of these situations.
Hello all,
My company merged with another one last year just after my I-140 was approved. I'm preparing to file I-485 (doing it myself) and I'm wondering what kind of documents/letters do I need to submit to USCIS to proof that my job wasn't affect by the merger and I'm still working in the same position.
I'd really like to send all required information to USCIS so that I don't have to reply to RFEs later on.
Any examples of letters or list of supporting documents will be appreciated.
Regards,
Alex
Contributing $20/month
Hello all,
My company merged with another one last year just after my I-140 was approved. I'm preparing to file I-485 (doing it myself) and I'm wondering what kind of documents/letters do I need to submit to USCIS to proof that my job wasn't affect by the merger and I'm still working in the same position.
I'd really like to send all required information to USCIS so that I don't have to reply to RFEs later on.
Any examples of letters or list of supporting documents will be appreciated.
Regards,
Alex
Contributing $20/month
more...
Blog Feeds
09-08 09:50 AM
AILA Leadership Has Just Posted the Following:
Right now, the DHS is in the middle of its Quadrennial review, where, apparently all areas that DHS works on are subject to public comment and discussion. If you go to this page (http://www.homelandsecuritydialogue.org/dialogue2/ideas) you can comment directly on a variety of DHS, including immigration issues. We understand that these comments are given directly to those in the highest levels of office at DHS.
Very few folks have been aware of this opportunity. Probably most important is the way this administration has phrased the debate: "Smart and Tough Enforcement of Immigration Laws - Ideas." (http://www.homelandsecuritydialogue.org/dialogue2/immigration) I invite all AILA members to be part of this public debate. Click on the above links, make your comment and demand real immigration reform, not twisted and ill-directed "enforcement" whose only purpose is to convince congressman who will still never vote for positive immigration reform to actually do so.https://blogger.googleusercontent.com/tracker/186823568153827945-8252864317741860630?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/have-you-given-your-input-to-dhs-yet.html)
Right now, the DHS is in the middle of its Quadrennial review, where, apparently all areas that DHS works on are subject to public comment and discussion. If you go to this page (http://www.homelandsecuritydialogue.org/dialogue2/ideas) you can comment directly on a variety of DHS, including immigration issues. We understand that these comments are given directly to those in the highest levels of office at DHS.
Very few folks have been aware of this opportunity. Probably most important is the way this administration has phrased the debate: "Smart and Tough Enforcement of Immigration Laws - Ideas." (http://www.homelandsecuritydialogue.org/dialogue2/immigration) I invite all AILA members to be part of this public debate. Click on the above links, make your comment and demand real immigration reform, not twisted and ill-directed "enforcement" whose only purpose is to convince congressman who will still never vote for positive immigration reform to actually do so.https://blogger.googleusercontent.com/tracker/186823568153827945-8252864317741860630?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/have-you-given-your-input-to-dhs-yet.html)
hair When the gold rush gripped
pappu
03-02 08:09 AM
It is sad to see nobody coming forward for help. It is everybody's fight. When someone takes initiative we should all help. There is nothing to fear while meeting lawmakers.
All members in Georgia, please contact brij523 by sending him PMs and help him with chapter tasks. It is important that we all participate in our own state chapters.
Coming to this site annonymously and posting all kinds of ideas for others to implement, or posting strategiic direction and commenting will not help. Members are fearful of even giving the correct email ids to us. Thousands of our emails bounced this week when we sent an email to our members. We want everybody to roll up their sleeves and participate in meet the lawmakers drive.
All members in Georgia, please contact brij523 by sending him PMs and help him with chapter tasks. It is important that we all participate in our own state chapters.
Coming to this site annonymously and posting all kinds of ideas for others to implement, or posting strategiic direction and commenting will not help. Members are fearful of even giving the correct email ids to us. Thousands of our emails bounced this week when we sent an email to our members. We want everybody to roll up their sleeves and participate in meet the lawmakers drive.
more...
lazycis
10-15 06:30 PM
I start to study WOM, my district court web doesn't list anything about that, then I find aonther site lists WOM cases filed in my district, but no status mentioned. Does anyone knows? I appreciate!
You need to register for PACER (court system) here
http://pacer.psc.uscourts.gov/
Then you just go to your court website http://pacer.psc.uscourts.gov/psco/cgi-bin/links.pl
to check upon the status of cases of interest
You need to register for PACER (court system) here
http://pacer.psc.uscourts.gov/
Then you just go to your court website http://pacer.psc.uscourts.gov/psco/cgi-bin/links.pl
to check upon the status of cases of interest
hot When the gold rush gripped
Blog Feeds
06-13 05:40 PM
Last week I attended the Annual Immigration Lawyers conference in Las Vegas. During the conference, government officials spent some time to update the attendees of the most recent information and upcoming changes.
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
more...
house Itinerary for Gold Rush Trail
srthegr8
08-07 12:30 PM
Hi ,
I want to change my wife's H1 to H4.
She got her first approval in oct 2006 and was working as fulltime. after that she coverted to H4 when we visited india. her H4 is valid through oct'09. then we file for her new H1 from company B in march 09 (COS) and she got approval but due to bad market condition she never got project and her consulting company never paid her so she doesn't have any paystubs. My company file for my H1B extension and I got approval.
Now I want to change my wife's status back to h4. I had in impression that she never worked on new H1 so her H1 will not be activated. but I came across some posts and learn that it is automatically activated the day she got her H1B approval.
Now please suggest me what would be the safest way to convert her back on H4 ?
1)File form I-539 without her paystubs using my new 797 document? is there chances of RFE without paystubs? and what could be the next step if RFE comes? can we go to home country and get it done or it will make more complications? and VO will ask more questions because of RFE?
2) go out of county and come back again on existing stammped h4 (I am hoping that will convert her status back to H4)? and then file for I-539 for H4 extension using my new Approval notice? she has canadian PR as well. should she visit canada or india? somehow her I94 on passport has expired in Feb'09 but she has valid I94 on her H1 pitition. should she give her new I94 when going out of country? if she visits canada will they issue her new I94 if she returns back within 30 days?
3) should she go outside country and apply for new H4 using my new approved 797 ?
Please help me ASAP. I am really confused what should I do!!!
I want to change my wife's H1 to H4.
She got her first approval in oct 2006 and was working as fulltime. after that she coverted to H4 when we visited india. her H4 is valid through oct'09. then we file for her new H1 from company B in march 09 (COS) and she got approval but due to bad market condition she never got project and her consulting company never paid her so she doesn't have any paystubs. My company file for my H1B extension and I got approval.
Now I want to change my wife's status back to h4. I had in impression that she never worked on new H1 so her H1 will not be activated. but I came across some posts and learn that it is automatically activated the day she got her H1B approval.
Now please suggest me what would be the safest way to convert her back on H4 ?
1)File form I-539 without her paystubs using my new 797 document? is there chances of RFE without paystubs? and what could be the next step if RFE comes? can we go to home country and get it done or it will make more complications? and VO will ask more questions because of RFE?
2) go out of county and come back again on existing stammped h4 (I am hoping that will convert her status back to H4)? and then file for I-539 for H4 extension using my new Approval notice? she has canadian PR as well. should she visit canada or india? somehow her I94 on passport has expired in Feb'09 but she has valid I94 on her H1 pitition. should she give her new I94 when going out of country? if she visits canada will they issue her new I94 if she returns back within 30 days?
3) should she go outside country and apply for new H4 using my new approved 797 ?
Please help me ASAP. I am really confused what should I do!!!
tattoo examines gold rush-related
marcom10
04-23 12:49 PM
LOL..ight kirupa. Thanks for the compliment~!.....
later
later
more...
pictures Accomodations for Gold Rush
anilsal
12-15 09:10 PM
Is it worthwhile to ask these Indian philantropists with enough dough to fund efforts like IV? Or are they going to give a blind eye?
dresses Cyclists start gold rush
Blog Feeds
07-27 03:40 PM
U.S. Department of Labor has implemented a new integrated online system � known as the iCert Portal � through which employers can submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form ETA-9089, the PERM labor certification application, and have already introduced Form ETA-9035, the labor condition application. iCert has already replaced the method of LCA filing for H-1B. The new iCert system begins to accept LCAs as of July 1, 2009. Employer and attorneys as the case may be, can still use the old LCA account but cannot submit new LCA. New LCA has to be filed from iCert.
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
more...
makeup Australian gold rush.
nk2006
04-07 12:25 PM
Chanduvu,
TSC online system seems to be still down - I tried adding a new receipt number and its not accepting, I talked to my lawyer and she mentioned that she heard same from a bunch of her other clients. Since my EAD is still valid for another couple months, I didnt try to go for InfoPass yet.
These days people are getting RFE's left and right and TSC's online system is down just in time :( In many cases it may not be a big deal (to answer the query in time) but having online system updates was useful to prepare for any such thing. Now we have to wait for the letter.
-nk2006
TSC online system seems to be still down - I tried adding a new receipt number and its not accepting, I talked to my lawyer and she mentioned that she heard same from a bunch of her other clients. Since my EAD is still valid for another couple months, I didnt try to go for InfoPass yet.
These days people are getting RFE's left and right and TSC's online system is down just in time :( In many cases it may not be a big deal (to answer the query in time) but having online system updates was useful to prepare for any such thing. Now we have to wait for the letter.
-nk2006
girlfriend Built during the gold-rush,
raysaikat
08-24 01:35 AM
There are two types of "scholarships": (i) taxable, and (ii) non-taxable. If the scholarship is non-taxable, which implies that it requires no work to "earn" it and it is not used for room-and-board and other living expenses, then you may be able to have that even while on H4.
hairstyles Munster#39;s Gold Rush
fastergcwanted
06-17 10:28 AM
First of all, congrats to everyone in the final stages of this tedious and frustrating process.
I have a question for people who filed I-140 and I-485 concurrently and got their receipt numbers.
I have gotten receipt numbers for my concurrently filed I-485 and I-765 as I paid for them (PD April 2003, I-140/I-485 filed at NSC). I do not have receipt for I-140 after more than 2 weeks. My employer is not giving me receipt number for I-140 as he may be wanting more money from me. Now, I have read in a forum that I-140 when applied concurrently should have receipt number very close to I-485 receipt number and normally I-140 receipt number is less than I-485 receipt number (i.e. if I-485's last four digits are 4600 then last 4 for I-140 number will be lower than 4600 and close to it. So, in theory I can scan numbers prior to mine and find closer ones for the same date and track them.
If you can please check your numbers and tell me if your I-140 number is before your I-485 number and how close they are to each other, I would really appreciate it.
Thanks in advance.
I have a question for people who filed I-140 and I-485 concurrently and got their receipt numbers.
I have gotten receipt numbers for my concurrently filed I-485 and I-765 as I paid for them (PD April 2003, I-140/I-485 filed at NSC). I do not have receipt for I-140 after more than 2 weeks. My employer is not giving me receipt number for I-140 as he may be wanting more money from me. Now, I have read in a forum that I-140 when applied concurrently should have receipt number very close to I-485 receipt number and normally I-140 receipt number is less than I-485 receipt number (i.e. if I-485's last four digits are 4600 then last 4 for I-140 number will be lower than 4600 and close to it. So, in theory I can scan numbers prior to mine and find closer ones for the same date and track them.
If you can please check your numbers and tell me if your I-140 number is before your I-485 number and how close they are to each other, I would really appreciate it.
Thanks in advance.
reachinus
09-26 01:59 PM
your old 140 will still be valid even if the new one is deneid and as long its not withdrawn or revoked by USCIS. You should be able to get 3 yrs H1 based on your approved 140. Hope this helps.
raysaikat
06-15 04:07 PM
Yes I did send a copy of I-485. I also sent a copy of her previous approved AP.
Did you send copy of her I-485? I-485's are individual petitions.
Did you send copy of her I-485? I-485's are individual petitions.
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