visa_reval
03-14 03:46 PM
and I dont have an answer for it. Can somebody point us to the doc pls.
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Michael chertoff
01-18 01:34 PM
You should copy paste the post instead of link and forcing people to go to a website. I suggest you edit your post. Let people discuss here than on some other site.
This person is ROW and current. Only EB3 I know the pain of waiting.
Dear waitingnwaiting,
why Only EB3 I know the pain of waiting, why not EB2 I, I am waiting from last 5 years and i don't know how long more. we all know the pain of waiting buddy.
It is all about luck.
(BTW - 11 Plus years in USA). this is called waiting.
Thanks
MC
This person is ROW and current. Only EB3 I know the pain of waiting.
Dear waitingnwaiting,
why Only EB3 I know the pain of waiting, why not EB2 I, I am waiting from last 5 years and i don't know how long more. we all know the pain of waiting buddy.
It is all about luck.
(BTW - 11 Plus years in USA). this is called waiting.
Thanks
MC
sam_hoosier
01-19 03:51 PM
Technically, it is the date when LC application is received by USCIS. Most of the time, it is the same as filing date but not always.
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gclabor07
08-25 07:34 PM
Friends,
I am in a difficult situation. I am in my 6th year. H1B expires Feb 2008.
My company filed labor last year November 2006 and it was denied due to some specific language missing from our application like "All suitable combination of education, training or experience" acceptable. So we ended up refiling our PERM application in July 2007 in Atlanta DOL. It has been pending since then.
Now, because my H1B expires in another 5 months, it is absolutely necessary for me to get PERM approved, then apply I-140 using premium processing and then apply for H1B extension. Based on Atlanta DOL's speed, I'm hoping my labor may get approved in October or November. Last year, when I changed my company, I didn't anticipate that my labor will get denied and on top of that USCIS will suspend I-140.
Does anyone have any insight on when premium processing for I-140 may start again? What strategies do you offer to extend H1B?
Thanks.
I am in a difficult situation. I am in my 6th year. H1B expires Feb 2008.
My company filed labor last year November 2006 and it was denied due to some specific language missing from our application like "All suitable combination of education, training or experience" acceptable. So we ended up refiling our PERM application in July 2007 in Atlanta DOL. It has been pending since then.
Now, because my H1B expires in another 5 months, it is absolutely necessary for me to get PERM approved, then apply I-140 using premium processing and then apply for H1B extension. Based on Atlanta DOL's speed, I'm hoping my labor may get approved in October or November. Last year, when I changed my company, I didn't anticipate that my labor will get denied and on top of that USCIS will suspend I-140.
Does anyone have any insight on when premium processing for I-140 may start again? What strategies do you offer to extend H1B?
Thanks.
more...
bayarea07
08-06 09:23 PM
Your Priority date seems to be Dec 2005 and if i remember correctly USCIS had a memo to complete all Background Check in 6 Months so yours should have been over long time ago.
But Again I am not a expert here and could be wrong, EXPERTS please advise
Does any one know on an average how much time it will take to complete background check?
My PD is current this month and there is background check pending on my case..
But Again I am not a expert here and could be wrong, EXPERTS please advise
Does any one know on an average how much time it will take to complete background check?
My PD is current this month and there is background check pending on my case..
joolie1
02-07 05:52 PM
I happened to look at my EAD today, when I was looking into what my next steps are for my marriage immigration process, and I noticed it expired long before my Permanent Resident Card. Erroneously I thought the two were tied together, since I applied for both under the same auspices. Now I am very worried. 1) I have been employed the whole time and 2) I cannot afford to be unemployed. What do I do?
more...
peer123
04-04 05:30 PM
I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.
I agree with 100%. I am stuck in this glut for last 7 years.. it is quite frustrating
I agree with 100%. I am stuck in this glut for last 7 years.. it is quite frustrating
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chinna2003
05-15 09:27 AM
My EB1 is not a very strong case as it is, so we are relying on the EB3 petition. I will definitely correct my profile as suggested.
No disrespect intended, I still am not sure after reading your post whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).
No disrespect intended, I still am not sure after reading your post whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).
more...
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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lotsofspace
01-03 11:34 AM
Only 9 so far ? I had expected more !!!
more...
Manbir
06-26 06:26 PM
I am in need of this info and want to clarify my doubt. Please reply soon.
Both parents were in India and Indian Citizens by birth at the time of birth of their chidren in India. Birth of year for children is 1996 and 2000 (still minor). As such both children are Indian Citizens by birth.
If one or both the parents acquire foriegn (Canadian) citizenship and does not apply for Canadian citizenship for their children, does it affect Indian Citizenship of their minor children in that case? Will the children automatically loose their Indian Citizenship? or children can still be Indian citizens as they have not acquired foriegn citizenship, even if parents have acquired/renounced the Indian citizenship? (Parents have to write to Indian Consulate that they are renouncing their own Indian Citizenship due to acqusition of foriegn citizenship in order to get Indian Visa for themselves.)
This doubt originated due to information in Wikipedia under Citizenship Act of 1955, which has a clause which says "Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity."
Regards,
Both parents were in India and Indian Citizens by birth at the time of birth of their chidren in India. Birth of year for children is 1996 and 2000 (still minor). As such both children are Indian Citizens by birth.
If one or both the parents acquire foriegn (Canadian) citizenship and does not apply for Canadian citizenship for their children, does it affect Indian Citizenship of their minor children in that case? Will the children automatically loose their Indian Citizenship? or children can still be Indian citizens as they have not acquired foriegn citizenship, even if parents have acquired/renounced the Indian citizenship? (Parents have to write to Indian Consulate that they are renouncing their own Indian Citizenship due to acqusition of foriegn citizenship in order to get Indian Visa for themselves.)
This doubt originated due to information in Wikipedia under Citizenship Act of 1955, which has a clause which says "Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity."
Regards,
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Blog Feeds
05-12 05:20 PM
The H-2B visa program is vital to America�s small businesses and thus to America�s economic recovery. The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons. Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.
Small and seasonal businesses hire American workers and they do hire every qualified
American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.
Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to the U.S. Department of Labor that there are no available U.S. workers to fill vacant short-term positions. H-2B workers go home at the end of the season. They cannot, and do not, stay in the U.S. permanently through this program.
Without access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America�s employers can get the seasonal temporary workers they need to help in America�s economic recovery.
RELIEF NEEDED:
� An H-2B visa returning worker extension will go a long way in helping small and
seasonal businesses survive in the short term. The extension would provide
emergency relief by exempting from the cap H-2B returning workers who already
have successfully participated in the program in one of the previous 3 years.
� Without Congressional relief soon, many U.S. businesses will be forced to limit their
services or close their doors permanently rather than be a part of the economic
recovery.
CURRENT LEGISLATION:
� H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the
Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses
Act of 2009 (H.R. 1136/S. 388).
More... (http://www.visalawyerblog.com/2009/05/h2b_visas_why_reform_is_badly.html)
Small and seasonal businesses hire American workers and they do hire every qualified
American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.
Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to the U.S. Department of Labor that there are no available U.S. workers to fill vacant short-term positions. H-2B workers go home at the end of the season. They cannot, and do not, stay in the U.S. permanently through this program.
Without access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America�s employers can get the seasonal temporary workers they need to help in America�s economic recovery.
RELIEF NEEDED:
� An H-2B visa returning worker extension will go a long way in helping small and
seasonal businesses survive in the short term. The extension would provide
emergency relief by exempting from the cap H-2B returning workers who already
have successfully participated in the program in one of the previous 3 years.
� Without Congressional relief soon, many U.S. businesses will be forced to limit their
services or close their doors permanently rather than be a part of the economic
recovery.
CURRENT LEGISLATION:
� H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the
Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses
Act of 2009 (H.R. 1136/S. 388).
More... (http://www.visalawyerblog.com/2009/05/h2b_visas_why_reform_is_badly.html)
more...
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Jimi_Hendrix
11-11 01:09 PM
You should join your state chapter through the IV forums. State Chapter volunteers should plan to contact local politicians and meet them face to face. Nothing is more powerful than visiting face to face and impressing upon politicians how important this issue is.
But again mailing is also a great idea. I have the following link for House Representatives who got elected recently:
http://asp.usatoday.com/news/politicselections/vote2006/NationalElectionResultsByStateCounty.aspx?sp=CA&oi=H&rti=G&&tf=l
USATODAY.com
You can look up their contact information at
http://www.house.gov/writerep/
Senate has always backed us. It is the house that has stonewalled us for last two years. So I tend to believe it is better to contact House Reps
But again mailing is also a great idea. I have the following link for House Representatives who got elected recently:
http://asp.usatoday.com/news/politicselections/vote2006/NationalElectionResultsByStateCounty.aspx?sp=CA&oi=H&rti=G&&tf=l
USATODAY.com
You can look up their contact information at
http://www.house.gov/writerep/
Senate has always backed us. It is the house that has stonewalled us for last two years. So I tend to believe it is better to contact House Reps
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ssharma
06-30 06:49 PM
Maybe the server is not able to parse URL encoding chars.
Doc link: http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
Else:
Go to Main Memo page:http://www.michaelpiston.net/p_memos.html
Click On : LEAVING YOUR EMPLOYER AFTER OBTAINING PERMANENT RESIDENCE [pdf]
Doc link: http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
Else:
Go to Main Memo page:http://www.michaelpiston.net/p_memos.html
Click On : LEAVING YOUR EMPLOYER AFTER OBTAINING PERMANENT RESIDENCE [pdf]
more...
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eastindia
05-07 02:55 PM
What do you mean by reputation?
Having a good website or a forum does not mean the lawyer is reputed. Even small lawyers can be good and can pay more attention to a case. Some lawyers do not know marketing and do not have good website, but they maybe good in law.
Having a good website or a forum does not mean the lawyer is reputed. Even small lawyers can be good and can pay more attention to a case. Some lawyers do not know marketing and do not have good website, but they maybe good in law.
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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
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
more...
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neeidd
07-08 08:47 PM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
anyone?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
anyone?
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meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
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gimme Green!!
08-02 03:28 PM
This will be good to showcase the need for talent (read as speed up reforms)
sidbee
04-23 11:55 AM
I have my PD as Nov 2007 on EB3 , and i dont know how much patient i would be for my GC.
Can somebody guide me with the PR process for Canada,
I am Computer Engineer with H1, and i need the requirements for Canada PR,
eg , Do i need TOEFL or IELTS ? Do i need a Job Offer there? My Dads cousin brother is in Toronto, Do i get ant benefits (as it would be tough to prove the relationship)
Any help would be appreciated..
Can somebody guide me with the PR process for Canada,
I am Computer Engineer with H1, and i need the requirements for Canada PR,
eg , Do i need TOEFL or IELTS ? Do i need a Job Offer there? My Dads cousin brother is in Toronto, Do i get ant benefits (as it would be tough to prove the relationship)
Any help would be appreciated..
coolwiz26
07-03 01:02 AM
same here. Please explain the pros and cons.
-C
-C
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