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  • martinvisalaw
    06-05 05:03 PM
    It is very late to be submitting the RFE response now. CIS will probably deny the H-1B and your employer will need to refile. The employer should have asked for an extension before the due date.





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  • saimrathi
    07-18 09:52 AM
    lets fight to recapture Visa numbers from the previous years.. As this article rightly points us, the road ahead:

    Not the End of the Road

    Still unresolved is the issue of green cards that have gone unused in the past decade or more. USCIS estimates that 10,000 green cards of the 140,000 allotted for employment-based applicants were not issued last year. Immigration Voice estimates that 200,000 in total have gone unused in the last decade. Immigrant advocates have been urging the federal government to offer make these green-card slots available to help relieve the backlog of those waiting for green cards, an estimated 500,000.

    Using green cards from previous years would require legislation from Congress. Lofgren says there have been "some discussions going on informally" about whether such a move is possible. But it's no sure thing. It would be difficult to pass such legislation in a Congress that is leery of any immigration issue after a comprehensive reform effort with the support of President George W. Bush and bipartisan leaders in the Senate got shot down earlier this summer.

    Meanwhile, immigrant advocates say they will continue to press to speed the process of turning workers with visas into permanent residents. "This [decision] helps us move from a more painful limbo to a less painful limbo, but it's limbo nonetheless," says Immigration Voice's Pradhan. "Adjustment of status is not our final destination; green-card status is."
    http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080_page_2.htm:)





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  • GCBoy786
    06-28 09:34 PM
    The I-131 instructions does provide only the P.O. Box address. I believe FedEx doesn't deliver to P.O. box address.

    Can I have both I-765 and and I-131 forms in the same envelope and mail it to
    Nebraska Service Center
    850 S. Street,
    Lincoln, NE 68508-1225





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  • martinvisalaw
    01-07 02:40 PM
    Your mother can file a B-2 extension request on an I-539. She should not need to file an Affidavit of Support, just provide reasons why she wants to extend beyond the initial admission period. In my experience, CIS is very generous in granting extensions of visitor status. It my take a few months to get an approval. However, as the previous poster says, she can stay in the US while the extension is pending IF the extension is filed before her current status expires. Good luck.



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  • PHANI_TAVVALA
    02-12 07:25 PM
    Restart the whole process starting with filing PERM-Labor. You need to reapply I-140 after this. You can recapture your priority date during I-485 filing.





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  • jsb
    07-20 09:59 AM
    1. The title noted on the labor form was "Associate". On the job description letter, is it ok if the title is noted as "Financial Associate Analyst". Plus my labor was approved as IS Manager. Would the "financial" title cause a problem?

    2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)

    3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?

    It is surprizing that generic description of a job got through Labor without any questions. There is no clear answer to your questions. General principle is that jobs description should be more or less same as in Labor application. If your Labor was approved as IS Manager with your title to be an Associate, your job is expected to be of management type. Analyst job seems to be a technical job. Clear these issues before your employer filing for your 140 proceeds.



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  • kirupa
    04-22 05:00 PM
    The stamp looks too plain in my view :( Horizontally stretching the writing doesn't help much either.





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  • desi3933
    04-02 07:43 AM
    ....
    without making the current company pay more to make up the #s
    (they are not willing to do so)

    .......

    H-1B employer is REQUIRED to pay prevailing wages to employee as per LCA. Employer does NOT have a choice here.

    http://www.dol.gov/whd/forms/wh-4.pdf


    __________________
    Not a legal advice.



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  • andycool
    07-20 01:48 PM
    As per this chart, wait for getting a GC in the US is as follows:

    6 months wait - 75 yrs old Kenyan, son a US citizen
    3 yrs wait - 24 yrs old Iraqi, translator, US military
    6 yrs wait - 35 yrs old South African, computer programmer
    6 yrs wait - 25 yrs old Venezuelan, student, father a US citizen
    10 yrs wait - 31 yrs old, Chinese, a factory worker
    20 yrs wait - 25 yrs old Filipino, student
    35 yrs wait - 35 yrs old Indian, computer programmer
    131 yrs wait - 30 yrs old Mexican, H.S. diploma, sister a US citizen

    Source: Department of State; US Citizenship & Immigration Services

    wow ...35 Year wait for a India Programmer .....as per DOS :D





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  • qualified_trash
    05-19 11:49 AM
    Immigration laws are a federal mandate. It does not matter where your lawyer is based...........

    Try to get a good lawyer. Where they are located should never be a consideration.



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  • joydiptac
    07-23 03:39 AM
    Hello,
    Wondering if anyone has a ecommerce online retail business , would be wonderful to exchange ideas and help each other.
    Please PM Me.

    Note - I DO NOT IN ANYWAY INTEND TO GET CONNECTED WITH AMWAY FOLKS,Amyway guys please excuse.

    If you are looking for a ready-made solution - Volusions and a few other options are out there.
    If you are computer savvy you can also use Drupal and other pre-built solutions and customize using smart cart and payment processing packages.
    Writing everything from scratch may be a waste of time if online retail is your goal.

    HTH





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  • desi3933
    01-25 08:37 AM
    I had a opt which expired on the 9th. of november and on June 08 i applied to start green card process with help of a lawyer.I have a master degrees from the US and my lawyer told me that i did not need to apply for a H1 visa or a work permit and could directly go for green card. we started the process in June 08 and I applied to eta 9089 on September 08 and could not get any reply back for almost 5 months. My lawyer tells me that it is normal to not get an answer for so long even thought I think we had to get an answer in 3 to 4 weeks after September. Now, my lawyer suggests me to go back to my country as my status will be put of status and I could continue my green card process from back home.

    I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..

    I need help!!!


    You are out of status since Jan 7th. (Nov 9 + 60 days)

    Who filed for ETA-9089, Application for Permanent Employment Certification? Typically it is the Employer. I guess, you are EB-2/EB-1 and RoW, since only in that case one file for I-140/I-1485 and can jump from OPT to AOS.

    In my opinion, your lawyer took very aggressive approach and should have had Plan B.

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • varshadas
    06-18 07:05 AM
    IRS can also FAX the tax forms and W-2's but they do not have that information for the latest tax year. This means that they will not be able to provide you with the 2006 tax return. Also, my lawyer asked me for W2's of past 3 years. Both my husband (since he is on H1 too) and I had to provide W2's of 2004, 2005 and 2006

    Thanks,
    Varsha





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  • indianindian2006
    06-24 08:50 PM
    Did company B file the ammended 140 with immigration,if yes what happened to it.You could upgrade ths to premium processing and get an answer in 15 days.If approved I feel you would be safe.



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  • swamy
    06-08 11:09 PM
    i know what you're talking about - this obsession w/pre-adjudication is ridiculous!i for one support dismantling the current vb based 485 filing lottery system that utterly makes no sense whatsover! let people file 485 as and when 140 is approved and get rid of this cynical vb based filing -





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  • gcwait2007
    10-14 10:27 AM
    I have applied AP for my family 3 weeks before. My wife needs to go India by end of next month. If AP approval doesn't come to our hand by next month, can she leave the country? If she shouldn't, what are the alternate options? I appreciate your help.

    It is not advisable for her to leave the country without AP on hand. It is a risky proposition. Normally USCIS checks internally the resident status of the person and if they come to know that she left the country already, they may say/ consider that she left USA with the intention of abandoning her AOS case and issue denial for her I-485.


    PS: You can encourage me to contribute more to the forum by awarding Green points, if you find this post as useful and informative.



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  • ronhira
    07-29 11:04 PM
    Carnegie Mellon University
    > 51 out of 80 total engineering Ph.D.s were awarded to foreign nationals (64%)

    Cornell University
    > 76 out of 144 total engineering Ph.D.s were awarded to foreign nationals (53%)

    Georgia Institute of Technology (Georgia Tech)
    > 193 out of 363 total engineering Ph.D.s were awarded to foreign nationals (53%)

    University of Florida
    > 119 out of 180 total engineering Ph.D.s were awarded to foreign nationals (66%)

    University of Michigan-Ann Arbor
    > 142 out of 255 total engineering Ph.D.s were awarded to foreign nationals (56%)

    Purdue University
    > 153 out of 218 total engineering Ph.D.s were awarded to foreign nationals (70%)

    Stanford University
    > 128 out of 247 total engineering Ph.D.s were awarded to foreign nationals (52%)

    Texas A&M University
    > 146 out of 184 total engineering Ph.D.s were awarded to foreign nationals (79%)

    numbers don't lie....... the latest is that indian students are going to other places in the world.... and indian students no longer consider US as the top destinations.....

    No. of Indian students going to US falls, rises for UK - India - The Times of India (http://timesofindia.indiatimes.com/india/No-of-Indian-students-going-to-US-falls-rises-for-UK/articleshow/6234927.cms)

    y should anyone be surprised with these numbers?





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  • Prashanthi
    07-22 05:57 PM
    Hello,

    My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail

    But today I have received the status change from Approved to Document mailed from USCIS online system

    Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

    Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT

    On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.


    what does it mean ?

    Thanks in Advance


    The USCIS system if often messed up, as long as you have received your approval you are good to work on H-1. In rare cases they may decide to send an notice to revoke after they approve the case since they have overlooked something. I would not worry until i actually get such a notice, also you can have your employer call national customer service to make sure everything is okay with your approval.





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  • DallasBlue
    09-08 02:09 AM
    In the pursuit of happiness...
    Join the DC Rally on Sept 18th.



    with Presidential elections next year and new govt after that, there
    is a greater chance that the legislative reform can happen only now
    or after long time, may be like after 3 years. So act now or be
    prepared to be in limbo for years ahead.

    It is very important that we attened the rally and get ourselves out
    of the probationary status that we are in. Probationary status both
    in career and family life. The GC wait time could be 10
    years if you have a PD of jan 2005 or later. Currently it looks like
    we would be in this GC limbo for several more years unless we ACT NOW.

    Imagine yourself living with the EAD/AP renewal, cannot really in all
    trueness be able to work for and work on what you really want and
    what your true potential is. Its just so nightmarish aaggghhh soooo
    depressing... to remain in the same job designation and same
    salary years ahead... for any person with self-esteem and self-
    respect...

    Lets get our Life back.

    Are you not tired of this probationary life ? if you are tired of
    AP/EAD renewals , If you have filed your 485 after 2-3 years of
    wait , If you are stuck in FBI name check , if you are tired of
    arbitraryness/randomness of USCIS's GC processing and approval...
    This is the time to step up and help yourself.

    Please step up and save yourself and your family from this waiting
    game...

    Lets get our American Dream !!

    If any of you were/are still on the edge and still contemplating to
    join.

    Here is a piece of support from the popular law firms Shusterman,
    Murthy, Greg Siskind and Oh law.

    http://www.shusterman.com/
    http://www.murthy.com/a_sep18.html
    http://www.immigration-law.com/Archive%20XV.html
    http://blogs.ilw.com/gregsiskind/2007/07/index.html

    Let's move ahead from keying-in the computer keyboard with
    frustration!! move ahead to get the much needed legislative reform.

    This is going to be a histroic rally, be a part of it.

    Lets get our American Dream !!

    Lets protect our Dream!!

    Dare to dream and care to achieve the dream!!
    don't Let anyone tell you what not to dream !!
    Lets protect our American dream!!
    Lets get our American Dream !!

    Lets make it happen!!

    Lets go to DC to get GC!





    laksmi
    11-11 08:22 PM
    When the dates are current then only you can add your wife name to your pending 485, until then you have to wait based upon your priority dates EB1 or EB2, during this time you should maintain your H1B status inorder to keep you wife H4 status valid.

    presently EB2 ---- 01 JUN 03 and EB3 ----->01 OCT 01





    vss
    10-27 01:20 PM
    What is the cost (Application fee, lawyer fee�) of filing AC21 when we change employer after filing I-485? Anybody who paid this recently, please let me know.

    Thanks



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