conchshell
07-11 04:46 PM
Ask Munna Bhai (Sanjay Dutt) and Circuit (Arshad Warsi) to support us. It would be great if they can arrange a show in USA to support Immigration Voice ;)
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RNANDIGAM1
01-13 08:32 AM
I have a similar situation. I-140 approved, waiting to file I-485.
Will INS extend the visa if 6 the year of H1-B expires , say in about 5 months?
Will INS extend the visa if 6 the year of H1-B expires , say in about 5 months?
Blog Feeds
10-12 08:40 AM
The government has been ramping up enforcement of employment immigration laws, with a particular focus on insuring that companies are staying in compliance. The number of enforcement activities has increased dramatically in the past year. Now, more than ever, it�s important to insure that your company is ready in case of a government I-9 audit. And for the first time, it�s not enough to be in compliance. Each company must prove compliance, and if using an electronic system, use one that works in accordance with immigration laws.
The San Diego Union Tribune reports (http://signonsandiego.com/news/2010/oct/09/immigration-audits-are-increasing-against/), enforcement in San Diego County mirrors a national trend toward more scrutiny of employers� I-9 forms, the universal tool for verifying permission to work in the United States.
Immigration and Customs Enforcement, or ICE, initiated 66 audits with local employers in the fiscal year ending Sept. 30, reviewing 5,588 individual I-9s in the process. That was up from 44 audits in fiscal 2009 and just one audit in 2008. A company can be fined up to $1,100 for each illegal employee, and knowingly violating verification laws can lead to criminal charges and forfeited assets.
So the heat is now on employers to clean the house, it is also a great burden on employees to find work. As the illegal population continues to grow, they will also find creative ways to deal with the system. All we can suggest employers is to conduct routine internal I-9 audits and have an immigration policy in place, this is the best practice to follow.
More... (http://www.visalawyerblog.com/2010/10/i9_forms_immigration_audits_in.html)
The San Diego Union Tribune reports (http://signonsandiego.com/news/2010/oct/09/immigration-audits-are-increasing-against/), enforcement in San Diego County mirrors a national trend toward more scrutiny of employers� I-9 forms, the universal tool for verifying permission to work in the United States.
Immigration and Customs Enforcement, or ICE, initiated 66 audits with local employers in the fiscal year ending Sept. 30, reviewing 5,588 individual I-9s in the process. That was up from 44 audits in fiscal 2009 and just one audit in 2008. A company can be fined up to $1,100 for each illegal employee, and knowingly violating verification laws can lead to criminal charges and forfeited assets.
So the heat is now on employers to clean the house, it is also a great burden on employees to find work. As the illegal population continues to grow, they will also find creative ways to deal with the system. All we can suggest employers is to conduct routine internal I-9 audits and have an immigration policy in place, this is the best practice to follow.
More... (http://www.visalawyerblog.com/2010/10/i9_forms_immigration_audits_in.html)
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go_guy123
03-08 09:34 AM
This report should be required viewing for every member of Congress and every US immigration official working on H-1B visa processing. Visit msnbc.com for breaking news, world news, and news about the economy
More... (http://blogs.ilw.com/gregsiskind/2011/03/nbc-news-restrictive-h-1b-policies-are-a-job-killer-for-americans.html)
I believe in 5 to 10 years, things might get reformed a bit (though not back to the old
free wheeling days of bodyshopping)
As it stand H1B is completely broken down with rampant 221(g)
More... (http://blogs.ilw.com/gregsiskind/2011/03/nbc-news-restrictive-h-1b-policies-are-a-job-killer-for-americans.html)
I believe in 5 to 10 years, things might get reformed a bit (though not back to the old
free wheeling days of bodyshopping)
As it stand H1B is completely broken down with rampant 221(g)
more...
va_il
04-29 06:51 PM
I agree with you that you need to go with lawyers who are really specialized in immigration especially when the case is complicated.
I know a person whos company lawyer screwed up the case. (They are from a very reputed law firm). Then she went with Murthy, they did a great job and got it done for her. They charged her a lot but it was worth it.
So get the best out there. It may be expensive but if it fixes your case its worth it.
GCPOOL,
Thanks for the info you shared. I agree with you. Do you know if Rajiv's office can deal with PD porting issues successfully?
I know a person whos company lawyer screwed up the case. (They are from a very reputed law firm). Then she went with Murthy, they did a great job and got it done for her. They charged her a lot but it was worth it.
So get the best out there. It may be expensive but if it fixes your case its worth it.
GCPOOL,
Thanks for the info you shared. I agree with you. Do you know if Rajiv's office can deal with PD porting issues successfully?
waitin_toolong
08-14 06:56 AM
As long as the person married before I-485 was approved follow to join can be availed. it can even be used after I-485 is approved. In case of kids the birth has to be before I-485 approval.
The only problem after I-485 approval is that the dependents have to wait in home country for processing and cannot come to USA to file for AOS. It does not take as long as FB though.
Visa number availability is determined by the primary's PD and the visa bulletin published by Dept of State.
The only problem after I-485 approval is that the dependents have to wait in home country for processing and cannot come to USA to file for AOS. It does not take as long as FB though.
Visa number availability is determined by the primary's PD and the visa bulletin published by Dept of State.
more...
iam_amit
10-02 12:17 AM
I need URGENT HELP!!
I have filed my I140 in jan 2008, I have PD of NOV 2007. I have bachelor's degree (4 years) + 7 years on same field exp.
My I140 got denial 10 days back with reason that "LC specifies a bachelor's degree + 3 years in an alternative occupation is an acceptable combination of education and experiance for the position offered. Therefore, the JOB offer portion of LC does NOT demonstrate that the job requires a professional holding an advanced degree or equivalent."
So basically in my PERM my lawyer had made mistake and it did not reflect EB2. BUT I 140 which we had filled was for EB2(which is true for my qualification + exp).
Can anyone recommmed,
1)what actions can be taken to reserve my PD of NOV 2007.
2) Are changes in PERM allowed after nearly a year to reflect JOB requirement as EB2.
3) What should be the best solution to my problem...
Laywers mistake i have to suffer....can I sue my laywer.
I have filed my I140 in jan 2008, I have PD of NOV 2007. I have bachelor's degree (4 years) + 7 years on same field exp.
My I140 got denial 10 days back with reason that "LC specifies a bachelor's degree + 3 years in an alternative occupation is an acceptable combination of education and experiance for the position offered. Therefore, the JOB offer portion of LC does NOT demonstrate that the job requires a professional holding an advanced degree or equivalent."
So basically in my PERM my lawyer had made mistake and it did not reflect EB2. BUT I 140 which we had filled was for EB2(which is true for my qualification + exp).
Can anyone recommmed,
1)what actions can be taken to reserve my PD of NOV 2007.
2) Are changes in PERM allowed after nearly a year to reflect JOB requirement as EB2.
3) What should be the best solution to my problem...
Laywers mistake i have to suffer....can I sue my laywer.
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shivagaddam
10-07 10:03 PM
Hi,
What happened to your case. I'm in the same boat and it was denied.
What happened to your case. I'm in the same boat and it was denied.
more...
ghudhud
08-25 11:23 AM
I took my citizenship exam one week before having 5 years pass on green card, I passed the test but the officer told me that I have to wait until I complete 5 years holding the green card, then I should receive a letter informing me with the oath ceremony�s date. It�s been a month and I have not received any letter. I am starting to get worried because I know some people who had that process stretched by couple of years. Does anyone know the duration between the citizenship test and the oath ceremony?
Note: I live in northern Virginia.
Note: I live in northern Virginia.
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ames
03-06 11:13 PM
I really like your second attempt as well! This one is also a very nice sketch with attention to detail. :)
more...
ameryki
02-22 08:41 PM
I saw this and got online to try and reach out to the desi founder requesting him to consider also piloting this in India considering rural India is still in desperate need of energy development to help improve the basic infrastructure and lifestyle. Could not find a way to connect.
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bekugc
12-04 06:35 PM
i think at re-entry for the 485 pending /AP applicants, there is a POSSIBILITY that the officers could question you bout ur existing employment. For such cases people r adviced to carry the current employers letter along with copy of 485 receipt for safety sake.
with that in mind, if all possible, using ur EAD(after that 180 day rule) , get a job may be collect a paystub or 2 , get a letter and then use the AP.
in many other forums, pple have shared info such as "officer asked me if im still employed with the same employer who filed for GC." etc etc . its better to carry something atleast to prove that when asked.
with that in mind, if all possible, using ur EAD(after that 180 day rule) , get a job may be collect a paystub or 2 , get a letter and then use the AP.
in many other forums, pple have shared info such as "officer asked me if im still employed with the same employer who filed for GC." etc etc . its better to carry something atleast to prove that when asked.
more...
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gopikannappan
03-01 06:32 PM
Hi All,
My Case:
I am planning to travel to India from 11-March till 27-March and my current petition(VISA) ends on 5-April. My company already filled for the extension process (on 30-Jan).
Three possible scenarios
1. If I get the extension approval before leaving to India, do I have to set up a stamping slot at the US consulate in India or can I just carry the new petition and while entering back in US just show that to the immigration officer.
2. If the approval comes on 26-March, what should I do, can I still travel to US without the new stamping.
3. If I dont get the approval till 27-March, can I travel to US with my old petition without any problem?
Thanks in advance
Gopi
My Case:
I am planning to travel to India from 11-March till 27-March and my current petition(VISA) ends on 5-April. My company already filled for the extension process (on 30-Jan).
Three possible scenarios
1. If I get the extension approval before leaving to India, do I have to set up a stamping slot at the US consulate in India or can I just carry the new petition and while entering back in US just show that to the immigration officer.
2. If the approval comes on 26-March, what should I do, can I still travel to US without the new stamping.
3. If I dont get the approval till 27-March, can I travel to US with my old petition without any problem?
Thanks in advance
Gopi
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gc_on_demand
09-30 01:15 PM
Could this be the administrative fix that IV is working on - which pappu replied in another thread.
Can we please get this so that people can add spouses (if they did not do so during july fiasco).
I think he mentioned that it is for I 485 applicants and to me I 485 applicants are who filled AOS. Poor me (:
Can we please get this so that people can add spouses (if they did not do so during july fiasco).
I think he mentioned that it is for I 485 applicants and to me I 485 applicants are who filled AOS. Poor me (:
more...
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gc_eb2_waiter
08-01 10:24 AM
The G325A form contain the below text.
Applicant: Be sure to put your name and Alien Registration Number in the box outlined by heavy border below.
My lawyer mentioned that it is A# number. At present we dont need to fill anything.
Is it true?
Applicant: Be sure to put your name and Alien Registration Number in the box outlined by heavy border below.
My lawyer mentioned that it is A# number. At present we dont need to fill anything.
Is it true?
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gchopes
04-13 12:41 PM
Hi all,
I am from North Carolina and I am applying for ITIN for my wife along with 1040.
I understand I need to send 1040 & ITIN to the ITIN address:
Internal Revenue Service
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
Being from NC, the mailing address for my 1040 is:
Internal Revenue Service Center
Atlanta, GA 39901-0002
I should be using ONLY the ITIN address for my this year's tax return and not the address for Atlanta, GA. Am I correct?
Once IRS send me the ITIN for my wife in 4-6 weeks, I should use that to submit my state return (where I am getting a refund). The state return would happen only after the deadline of Apr 17 because its only then that I shall get an ITIN for my wife.
Please advise.
gchopes
I am from North Carolina and I am applying for ITIN for my wife along with 1040.
I understand I need to send 1040 & ITIN to the ITIN address:
Internal Revenue Service
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
Being from NC, the mailing address for my 1040 is:
Internal Revenue Service Center
Atlanta, GA 39901-0002
I should be using ONLY the ITIN address for my this year's tax return and not the address for Atlanta, GA. Am I correct?
Once IRS send me the ITIN for my wife in 4-6 weeks, I should use that to submit my state return (where I am getting a refund). The state return would happen only after the deadline of Apr 17 because its only then that I shall get an ITIN for my wife.
Please advise.
gchopes
more...
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srisairam
07-26 11:23 AM
My H1B 6th year expires in December 07,
I applied for I140 using 2004 approved labor in July 1st week and applied for 485 this week.
I read a article in murthy.com http://www.murthy.com/news/UDh121st.html
Substitution Beneficiary Enjoys H1B Extension Benefit!
In a particularly liberal construction of the law, Mr. Yates indicates that, if a labor certification, previously approved for another "green card" candidate but unused for that candidate, is now being used to support an I-140 petition for an H1B status holder, the date of filing of the original labor certification may be used for that H1B nonimmigrant to file for one-year incremental H1B extensions, as long as additional proof is submitted that the person has a pending or approved I-140 based on that labor certification. Under this interpretation, therefore, a person who is using a substituted labor certification that was filed more than 365 days prior, but whose employer filed the I-140 petition for the H1B employee only two months before the six-year H1B window expired, is now eligible for the one-year incremental extensions.
Can I get 7th year extension with help of I140 receipt?
Is any one applied for H1B 7th year extension using 21st Century DOJ Appropriations Act, if yes what type of documentation we need to submit while applying for extension?
If there is any answer in previous links please past the link here.
My attorney has no idea about 21st Century DOJ Appropriations Act.
Seniors please need your advice immediately
Thank you
I applied for I140 using 2004 approved labor in July 1st week and applied for 485 this week.
I read a article in murthy.com http://www.murthy.com/news/UDh121st.html
Substitution Beneficiary Enjoys H1B Extension Benefit!
In a particularly liberal construction of the law, Mr. Yates indicates that, if a labor certification, previously approved for another "green card" candidate but unused for that candidate, is now being used to support an I-140 petition for an H1B status holder, the date of filing of the original labor certification may be used for that H1B nonimmigrant to file for one-year incremental H1B extensions, as long as additional proof is submitted that the person has a pending or approved I-140 based on that labor certification. Under this interpretation, therefore, a person who is using a substituted labor certification that was filed more than 365 days prior, but whose employer filed the I-140 petition for the H1B employee only two months before the six-year H1B window expired, is now eligible for the one-year incremental extensions.
Can I get 7th year extension with help of I140 receipt?
Is any one applied for H1B 7th year extension using 21st Century DOJ Appropriations Act, if yes what type of documentation we need to submit while applying for extension?
If there is any answer in previous links please past the link here.
My attorney has no idea about 21st Century DOJ Appropriations Act.
Seniors please need your advice immediately
Thank you
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dollar500
08-14 08:59 PM
^^^^^^^^^bump>>>>>>>>>
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bkarnik
03-27 12:56 PM
Just a heads up about the new filing requirements for I-129s and I-140s. See link. In a nutshell all I-129s go to Vermont Service Center and all I-140s go to the Nebraska Service Center.
http://www.usimmigrationupdate.com/
http://www.usimmigrationupdate.com/
gprx100
03-31 09:14 PM
My lawyer initiated the PERM process late last year, the timeline was such that the prevailing wage request was filed with State Workforce Agency (SWA) on 12-30-2009. The SWA prevailing wage determination was received back by my lawyer on the 1/11/10.
Subsequently the recruitment process started and everything was going smooth. The PERM was supposed to be filed in the first week of April. My lawyer now is saying that they need to push the application filing because of the new rule which came into effect Jan 1st which requires all prevailing wage requests to be filed with the DOL. The rule states that:
On January 1, 2010, the U.S. Department of Labor (DOL) changed the way that prevailing wage determinations (PWDs) are processed for the PERM, H-1B, H-1B1 (Chile/Singapore), E-3 (Australia), and H-2B programs. PWDs are now issued by DOL�s National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC. Below are updated Frequently Asked Questions about the new process.
From my understanding the new law should not be applicable to me, since we filed for the PWD on 12/30/09. I am not sure why we need to reinitiate the process, since the new law is _effective_ as of 01/01/2010.
Is anyone in a similar situation or anyone has any advice?
Subsequently the recruitment process started and everything was going smooth. The PERM was supposed to be filed in the first week of April. My lawyer now is saying that they need to push the application filing because of the new rule which came into effect Jan 1st which requires all prevailing wage requests to be filed with the DOL. The rule states that:
On January 1, 2010, the U.S. Department of Labor (DOL) changed the way that prevailing wage determinations (PWDs) are processed for the PERM, H-1B, H-1B1 (Chile/Singapore), E-3 (Australia), and H-2B programs. PWDs are now issued by DOL�s National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC. Below are updated Frequently Asked Questions about the new process.
From my understanding the new law should not be applicable to me, since we filed for the PWD on 12/30/09. I am not sure why we need to reinitiate the process, since the new law is _effective_ as of 01/01/2010.
Is anyone in a similar situation or anyone has any advice?
front123
03-19 02:27 PM
Hello,
I am not sure if this situation below has been faced by any forum member. Would appreciate any information/experience or advise from fellow members and attorneys
I am on H1-B - I- 140 approved stage (EB3) for past several years and have faced no issue with Extensions(5) and 8 Stampings over this long period, working for the same employer.Apr 2003 PD with 1 yr left on current H1 extension.
I 485- AOS not applied
I am now contemplating to return permanently due to personal reasons and in this process effectively abandon the H1-B and GC process.
After I return, my employer would keep the I-140 and GC process active and I may work for the same employer remotely.
What are the options I have ?
1.If I do not apply for the H1-B extension next year but my employer keeps the job open for the next few years(future employ), is Consular Processing possible once Apr-03 becomes current- say 3 years from now.. - what documents would I require in that case?
In the next 4 years, possibly Eb3 April 03 might become available thus making the AOS possible thru Consular Processing
Do I need to apply H1-B extension in this case if I am out of the US but still want to keep the GC process active?
2. If I need to apply for H1-B extension next year with the same employer assuming the job is still available (only if I return and assuming PD is not current),
Based on Neufeld memo, what would be the additional documents reqd for such an extension ?
3. In case CIS construes this as abandonment, would this have any bearing 10 years later, if I apply for Perm. Residence thru I -130 route, family based immigration
Would appreciate any advise on this.
I am not sure if this situation below has been faced by any forum member. Would appreciate any information/experience or advise from fellow members and attorneys
I am on H1-B - I- 140 approved stage (EB3) for past several years and have faced no issue with Extensions(5) and 8 Stampings over this long period, working for the same employer.Apr 2003 PD with 1 yr left on current H1 extension.
I 485- AOS not applied
I am now contemplating to return permanently due to personal reasons and in this process effectively abandon the H1-B and GC process.
After I return, my employer would keep the I-140 and GC process active and I may work for the same employer remotely.
What are the options I have ?
1.If I do not apply for the H1-B extension next year but my employer keeps the job open for the next few years(future employ), is Consular Processing possible once Apr-03 becomes current- say 3 years from now.. - what documents would I require in that case?
In the next 4 years, possibly Eb3 April 03 might become available thus making the AOS possible thru Consular Processing
Do I need to apply H1-B extension in this case if I am out of the US but still want to keep the GC process active?
2. If I need to apply for H1-B extension next year with the same employer assuming the job is still available (only if I return and assuming PD is not current),
Based on Neufeld memo, what would be the additional documents reqd for such an extension ?
3. In case CIS construes this as abandonment, would this have any bearing 10 years later, if I apply for Perm. Residence thru I -130 route, family based immigration
Would appreciate any advise on this.
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