Monday, July 4, 2011

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  • sk2006
    03-28 08:35 PM
    I want to transfer from H1B to F1.I came to US as a F1 and graduated in march 08.I got my H1B on oct 08.But now i want to transfer to F1 again and i had my visa till 2011. I had following doubts and please help me.

    1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.

    2) How much time does it take if i apply for change of status for F1?

    3)can i take cpt in F1 and later on can i change to H1 by applying change of status?

    Update your profile before getting answers.




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  • kk_kk
    07-08 04:39 PM
    I changed my job and moved more then 180+ miles away. I have not received any RFE. I infact changed the address twice.




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  • Blog Feeds
    06-22 05:50 PM
    USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 �Regular� cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.

    As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.







    More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)




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  • badluck
    07-31 12:58 PM
    nothing yet



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  • tabletpc
    07-30 01:23 PM
    Get the DOL report before u take up the job. DOL will give the estimation for salary....!!!Use it and ask u r company attorney to file for the H1b now its self mentioning the start date as future date (when u r opt expires). Since u work for local government ...governments jobs don't come under H1b quota...so u can apply NOW.
    if the DOL report comes out favorable...start the job and can look out for a better opportunity. Trust me u will find one when u have a back up job.
    Good luck




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  • cest la vie
    01-28 04:24 AM
    Hi...I went to the USA in Dec 05, with a J1 visa, in may 06 after i applyed for changing of status to B2 visa, I got it denied and the letter said I should leave usa. I didnt, staying there until aug 07 (more than 1 year). my visa expired in apil 06 and the letter from uscis i got in may 06. they wrote in my I-94 cos denied 04-18-06. I didnt give back my I-94 when i left the USA. I want to know what are my chances to get a L2 visa (my husband is applying for L1 visa). I also have a second nationallity, can it help me somehow?
    Please, I really need someone to help me with thses doubts.thank you very much.



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  • pcs
    01-25 09:38 PM
    Dear IV Friend & Your better half,

    IV does not support any abusive & insulting behaviour towards anyone incuding our worst adversary Lou Dobbs.

    Please remember, we do have some members from antiimmigrant groups like numberUSA, who have created similar siyuations in the past.

    Financial contribution is no doubt VITAL for our cause but we will never, I repeat never encourage any IV member to spoil their financial security to contribute towards IV. Please do not feel bad if you can not contribute ( we only feel let down by the people, who can contribute but do not do so)

    I would request both of you to spread good word about IV & get us some active members & that will be great.

    We are trying to POWER OF NUMBERS !!!!!!!!!!!

    So cheer up & get active


    Best wishes




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  • priyasagiraju
    04-07 03:20 PM
    Iam on L2 and working on my EAD which is expiring on april 29 th 2011.

    I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
    we are trying to reappeal to USCIS but iam not sure if its going to work.

    Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
    They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
    Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.

    Thanks in advance



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  • gcpain
    06-25 11:09 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.




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  • psk79
    05-28 12:27 AM
    My lawyer said we can use the same non PO Box address mentioned in the EAD to send the AP documents as well. According to the lawyer you can send it all in one big envelope and demarcate the I-131 vs the I-765 or do it like I am, in 2 seperate smaller envelopes and then I am going to put the 2 envelopes in the same fedex package and mail it out.

    Thanks. That's what I was thinking of doing. But then I was not sure why they haven't given the non-PO address for AP. So I was worried and decided to mail one envelope with both the EAD's to the EAD PO BOX address and then the other one with both our AP's to the AP POBox address.. I am not sure what I will do...

    thanks.



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  • Pagal
    04-06 05:48 AM
    Hello,

    IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.




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  • factoryman
    06-19 11:32 AM
    Search and post. There are ton of posts and replies here. Go and read. Do your homework before you post. Show us you didnot find anything.


    What happens if the PPD is posiive and x ray is negative as can be the case in may indian because of BCG Vaccine

    please people with similar situation share yr exp

    thanks



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  • lonedesi
    07-27 12:07 PM
    Anyone who knows about this issue, please respond




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  • akkakarla
    08-26 02:30 PM
    My PD is current since I filed the case, after waiting for almost 8 months I opened the S.R and got the letter back explaining...."We are actively working on your case, however your case under extended background check�blah..blah..blah�"

    What exactly is that? Do you know what they are trying to do? Is it part of delay tactics? What exactly do they do in extended background check does anyone know what it is?



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  • newbie2020
    06-23 11:53 AM
    I agree , We have a lot of Professionals among us and such activities will certainly help.

    Some of our members are very experienced in for ex: EAD questions, AC21 questions etc. We can build a skill DB and advertise these services at a much lower rates, Only hitch would be since we are not really Lawyers we may not be too accurate

    Any thoughts




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  • rajuram
    05-05 11:28 AM
    does anyone know when they will discuss it - in the house and in the senate?



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  • harrisonaquino
    04-27 10:30 PM
    Hi guys!
    Probably this question has been answered somewhere else, but I just could it find it...
    Basically, I need to know if it's required to actually send 3 years taxes or w/ Ws would be enough as initial evidence. The i-134 DO NOT ask for taxes, but for bank letters, employment letters and I think that for W2's.

    Any past experiences would be much appreciated!

    thanks

    harrison




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  • cancerian_here
    09-26 10:38 PM
    Hi,

    I have applied for I-140,I-485 and I-765 on 16th of Aug'07,dint get the receipt yet. I would be leaving to India this month and would return only in Feb'08.
    My major concerns are:

    1. once I get the notice for FingerPrints, can I reschedule it to Feb'08.
    Is it advisable.

    OR

    2. Do I have an option of getting my FingerPrint done at any consulate in India.

    Any help would be appreciated.

    Thanks




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  • jai_immigration
    09-24 10:06 AM
    It depends on the I-140 you requested USCIS to consider while you aplied for I-485. There is some process called interifling, where you can later request USCIS to use the I-140 with better priority date against the I-485 so you can avoid multiple I-485.




    mkiv
    03-24 12:58 PM
    Totally irrelevant to this forum. Administrator please review this thread.

    I know this is irrelevant in a way but see it from a different angle for one moment. There is no other forum where you can get any information about these H1 employers who are playing games using retrogression. This is the only forum where most of the people on H1 are related to some desi consulting company and can share their experiences which would help other people who are in huge pain due to the unfair practices of their existing employers.

    I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.




    cache22
    12-01 03:01 PM
    Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
    I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.

    I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.

    This is a complex situation, you should consult a lawyer.



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  • Michigan123
    06-01 06:00 PM
    get LCA for Home Location and your office (Or client Location) in single LCA

    I am working for Big 5 and they did the same. Working from Home(Michigan) and occasionally go to office (california)


    This is what My company attorney filed for me and Got the approval.




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  • Pagal
    07-25 07:39 AM
    Hello,

    As H1-B visa is tied to an employer, you should get the new H1-B stamp with your new employer as the sponsor.

    At PoE, the IO may ask you to show the current employment letter, especially as you are coming to US after a long absence.




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  • k_usa
    07-12 03:48 PM
    Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)




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  • vallabhu
    08-26 02:11 PM
    Bump



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  • dehradoon
    06-14 07:32 PM
    This move in visa number is dramatic and not to mention scary. It also has the hint that dates will retrogress in FY2008, there is no way that everyone will be processed by the end of this year.

    If I were you I would keep the earliest priority date and not worry about the category its in, but then its just me and my choice :). You can judge yourself.




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  • coolpal
    04-14 11:49 AM
    Are you working for your new employer now? (I assume not).
    Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...

    But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....

    pal :)



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  • joydiptac
    05-18 05:32 PM
    My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
    Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?

    Hope you are posting your question for US immigration. (This site discusses US immigration)
    As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH




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  • santa123
    06-17 10:02 PM
    It all depends when someone applies for the labor, if you had BS+ 5 yrs exp and then did MS +4 yrs if you apply your labor now you can claim MS+9 again the experience at the current employer is not counted.....

    Thanks!
    But I am with my current employer for the past 5 yrs (In India & US together)!!!
    Is that exp not counted at all?:confused:
    My GC is for future employment with another employer though...



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  • Blog Feeds
    07-09 12:30 PM
    AILA Leadership Has Just Posted the Following:


    Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.

    The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.

    We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:

    It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:


    An economic analysis commissioned by the U.S. Chamber of Commerce
    concluded that the net societal costs of the program would be $10 billion a year
    � a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:


    A 2007 independent evaluation of the program commissioned by DHS found that
    the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
    the requirements for �accurate verification.�



    SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
    the databases were not improved, SSA database errors alone could result in 3.6
    million workers a year being misidentified as not authorized for employment.
    This would result in 6 out of every 100 workers having to visit an SSA office to
    correct their records or lose their job.

    It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:


    Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
    in nearly 13 percent of all workers being initially flagged as unauthorized for
    employment. All of these workers were cleared by Basic Pilot/E-Verify as
    work-authorized, but only after �significant investment of time and money�
    and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!

    https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)




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  • pthoko
    07-16 01:08 PM
    You can re-enter from Canada with same I-94 and status as long as trip < 30 days.

    Yes, it resets out of status clock.



    ___________________________
    Not a legal advice.


    Yes, it resets out of status clock. --- Even if NO VISA stamping is done in CANADA???



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  • abcka111
    05-14 01:35 AM
    Any help from an attorney would be appreciated




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  • GCKaIntezar
    01-03 09:25 AM
    Just sent it via email.



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  • westh1b
    04-11 10:23 PM
    My friend came to US on January through one bodyshopper on H1B visa and he was on project for 4 months.When his project is over and he is on bench then his employer forcing him to send him a email stating that he will be on leave without pay and immediately his employer stopped paying him salary from the day he was on bench.
    Can any one please guide me that how to file complaint to DOL against his body shopper.
    Also i wanted to know that will DOL take any against his body shopper and what information DOL will ask as currently my friend does not wanted to confront with his employer.
    Thanks
    H1B




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  • desi3933
    01-25 01:44 PM
    Hi All
    My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
    Can I travel on this document?
    Please advise.
    Thank you.

    No.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • Blog Feeds
    05-05 06:50 AM
    The Department of State (DOS) has issued a regulation that broadens the authority of consular officers to revoke a visa at any time subsequent to issuance of the visa, including when the individual is already in the U.S. Additionally, the regulation allows consular officers and designated officials within DOS to revoke a visa provisionally while considering a final visa revocation.

    This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.

    Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.

    If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.

    Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.

    Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.




    More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)




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  • ski_dude12
    07-13 01:14 PM
    Another substitute case...

    Any reason you went for substitute labor instead of your own?

    I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

    During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

    I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

    I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

    Thank you

    Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.



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  • sam_i02
    09-24 06:56 PM
    Peeps -

    My self-filed I-485 application (July 2nd) was sent without:
    - Medical Exam results
    - Employment Verification Letter

    I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.

    Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?

    Thank you
    Samir




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  • austingc
    04-29 05:45 PM
    I have a couple of questions regarding H1B.

    My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.

    The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).

    Is this true? any ideas?




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  • virtual55
    03-04 01:58 PM
    How will you do that? I guess, while working on cases, user has to click somewhere to send an email. If they choose not to, then there will be no email. In my case, I never saw consistency in getting emails. I don't think that is a big issue, just check your status periodically. Bigger and important issue is how to get your case processed faster, and in sequence.


    USCIS online case status system broken, My AP receipt numbers are not showing up online. we need to alert concerned USCIS authorities directly or thru IV's contacts in USCIS or thru AILA.




    gcwaiting17
    09-11 12:18 PM
    May be you are right. My EAD got approved and waiting for FP.




    go_guy123
    09-04 01:23 AM
    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)

    A lot of nursing jobs dont need a 4 yr bachelor's degree and thats why you cant use
    H1B for that unless the specialised nursing jobs needs a bachelors.
    Therefore (thankfully) Nurses are directly applied for Green Card EB3. However there
    is significant backlog even for ROW EB3. There is lobby effort to allocate green card quota for nurses like they did in 2004.
    The employer (with the lawyer help) will file I140 for you and when the PD is current you can file I485.
    But since you are on F1 visa, filing I140 you might have problem with the non immigrant intent clause at the
    port of entry.



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  • 485Mbe4001
    04-09 07:47 PM
    I think that it was a trial balloon. I have seen this pattern for most of the major issues this administration is planning to tackle. Take TARP for example...for a month one would just hear leaks about proposed solutions. Media would pick it up and give a reaction, the next leak would be an updated version based on the feedback. Such articles help keep the issue in the forefront, help gauge the reaction (both positive and negative) and provide a simple exit to backtrack incase of major opposition. :rolleyes:




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  • optimizer
    03-22 12:18 PM
    Thanks Sac-r-ten for your reply.
    If the labor and advt process is really only 6-8 months, then I might get lucky.




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  • Alice141
    03-26 02:52 AM
    Hi All,

    I would like to ask if it is possible, and how long does it take if so, for
    my parents who live in India to visit me in the UK, then we all apply
    for tourist visas for my brother's marriage in the US.

    I have indefinite leave to remain in the UK but am not a citizen yet.

    The earlies times for appointment for an interview for my parents
    in India is 4 months! whereas my brother will be getting married in 3...

    Is it possible for them to get the tourist visa for US from here in the UK?
    How long would that take if applicable?

    Thanks all very much,




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  • gc4me
    04-18 09:45 PM
    Looks like lot many ROW eb3 PD between AUG03-AUG04, 42% so far.
    Good news is not many ROW eb3 for AUG03. Date will going to move definately.



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  • phillyag
    07-17 07:12 PM
    I will be filing my 485 due to the current changes.
    I am getting married in December 2007.

    1. I am goin to file for my spouse at that time. Is it necessary that the dates should be current in order to file this amendement?

    2. I understand that one can file amendment before or within 180 days of acceptance of 485. is this correct ?

    3. Is there anyway to know that I am nearing my acceptance of 485?

    Your comments are appreciated.




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  • nat23
    12-11 09:48 AM
    I have an appointment for H1B visa stamp @ the toronto consulate next week. This will be my second stamp (first one expired early this year).

    I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.

    I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?

    I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.

    :(:(:(

    This is the new rule and went into effect from last week of Nov. It is not only for the Consulate in Toronto but all US Consular posts in Canada atleast.



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  • andy garcia
    03-28 08:12 PM
    Fiscal year 2007 -- Does this mean all the visas issued from nov-07 till date or nov-06 to oct-07 ?

    Fiscal Year 2007 means Oct 1, 2006 to Sep 30, 2007




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  • Siddhartht
    10-03 02:15 AM
    Thanks krish for the response . few more questions

    >>i got my L1 stamped at Chennai . can i apply for my would be wife l2 visa at Delhi consulate ??

    >> My company is not doing any documentation for my wife L2 . can i do all myself ?



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  • sc3
    11-20 01:01 PM
    But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company

    Sorry, you can't use AC21 to get that promotion. AC21 portability requires similar jobs.




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  • ssdtm
    11-30 04:38 PM
    - My friend has not been paid by his current employer. So no pay-stubs what so ever
    That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.

    - He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
    This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.

    What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?

    The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.

    But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.

    But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.



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  • loudobbs
    08-28 04:56 PM
    Hi
    I am planning on using AC21 to switch employers. since it says that the new job should be in the same job classification, how do I know what classification my labor was approved in? I have a copy of the approval notice and under occupation it says consultant and it has the following code after it:
    189167030. anybody knows what this code means or how I can find out my jobe code?




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  • nkappiah
    07-19 09:51 PM
    I got married recently. Both my husband and I have similar priority dates as labour was filed separately for each of us by our respective companies. Is there any downside to adding each other to our applications and dual filing for greencard?

    Is there any downside to having two applications in each name? Should we do this?

    Thanks
    N



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  • neeidd
    03-01 03:32 PM
    Hello Gurus,

    I am planning to apply for EAD and AP. Debating myself if I have to go with e-filing or paper based. Some one told me, paper based DOES NOTrequired biometrics where as E-filing DOES need biometrics? Could you please shed some light on this?

    Thanks,
    Could some one please tell me which one is better and faster (E-filing vs Paper based)?

    Thanks in advance




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  • DSLStart
    08-23 10:03 AM
    That memo became an subject of sunday morning talk shows on Fox, CNN etc and now even USCIS has rescinded from it.

    I have filed my I-485 before my marriage and I need to be on H1-B VISA to maintain my spouse's H4 Status.

    Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"

    Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)

    Please let me know if there are any updates.

    Cheers,
    VChip



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  • hariswaminathan
    10-04 01:02 PM
    Hi,
    I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
    Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.

    Here is what you could do:

    1. Get a good immigration attorney
    2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
    3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
    4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.

    The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.




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  • sw33t
    10-10 04:55 PM
    /\/\

    Bump if you are going to dial-in.



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  • amitpan007
    10-10 11:35 AM
    I did it about 10 days before scheduled date in July. Went around 2 PM. The guy at front desk was reluctant but let me in due to my case being genuine pregnancy after discussing with supervisor.




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  • [uber]
    04-09 03:47 AM
    and yes i separated it...


    i got this idea from the ipod chicken sandwhich thread




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  • neeidd
    08-05 12:20 PM
    We will not see any approvals unless we act togther and campaign for our cause. Please join us. More details at
    http://immigrationvoice.org/forum/showthread.php?t=20657
    The thread you linked for I-140 delays. I am asking about I-485 approvals :)




    sunnymit
    02-22 11:05 AM
    Ok. That makes sense. I will contact the HQ and try to find out the solution. Calling the local SS office doesn't help as the first thing their automated system asks for is SS# for you to move on!




    Blog Feeds
    05-12 09:50 AM
    U.S. Citizenship and Immigration Services (USCIS) today announced a final rule that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.

    The main changes made by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.

    Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.

    The final rule will be published in the Federal Register tomorrow and will be available at www.uscis.gov (http://www.uscis.gov). The final rule is effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on Jan. 5, 2011, and is available for review at www.uscis.gov/files/form/m-274.pdf (http://www.uscis.gov/files/form/m-274.pdf).

    Let us know if we can help in your I-9, E-verify or Public Access Files compliance.




    More... (http://www.visalawyerblog.com/2011/05/uscis_issues_final_rule_on_emp.html)