sanju
03-24 12:11 PM
Its a good consolidated report, It clearly says system is broken and need a fix. Almost all the legislation listed at the end talk about either recapturing lost visas or increase the numerical limit.
Thanks
That is true. However, it is not difficult to figure out that Ruth is a supporter of legalization of the undocumented. That's why the only bills covered at the end of the report are all legalization bills. She seems to have "extensive" analysis on per-country limits on EB &FB, but doesn't have the ink to write 1 line about country limits on the undocumented. The report systematically and intentinally overlooks all other bills that are related to legal immigration only. Most of the time, its not what is written, but who wrote it and how the information is presented which matters.
.
Thanks
That is true. However, it is not difficult to figure out that Ruth is a supporter of legalization of the undocumented. That's why the only bills covered at the end of the report are all legalization bills. She seems to have "extensive" analysis on per-country limits on EB &FB, but doesn't have the ink to write 1 line about country limits on the undocumented. The report systematically and intentinally overlooks all other bills that are related to legal immigration only. Most of the time, its not what is written, but who wrote it and how the information is presented which matters.
.
wallpaper Brad Pitt, Angelina Jolie,
humsuplou
07-02 05:22 PM
I entered via advanced parole, so what should I put as the Manner of Last Entry in the E-Filing?
And I am holding H1B, and also EAd at this moment, what is my Immigration Status?
Thanks.
And I am holding H1B, and also EAd at this moment, what is my Immigration Status?
Thanks.
Mirage_GC
06-23 05:18 PM
I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
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alucard666
08-11 04:29 PM
Hi All,
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
more...
Blog Feeds
08-12 09:50 AM
There is not a dull moment this summer for us immigration lawyers, all thanks to good old USCIS. On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. This is after closing the cap in January this year.
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
GreenCardLegion
04-20 12:28 AM
You can use your eb3 EAD.
But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.
But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.
more...
kdd
08-13 01:06 PM
Thanks guys. Yes, I saw references, and that's how I was able to figure out that it had to include a few "things" to make it work properly, such as system.dll.
:)
:)
2010 What Angelina did
voldemar
04-30 05:32 PM
Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.
No, no need.
No, no need.
more...
ItIsNotFunny
04-04 12:48 PM
With the situation currently we are facing on H-1B, in my opinion congress may do some quick fix before the CIR implementation. Reforming the H-1B visa, I do not think any thing is wrong in that. In this process of reforming H-1B visa, can we incorporate our mission of at least filing I-485 without visa availability?
Is this too much to ask?
I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.
Is this too much to ask?
I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.
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dellmunna
04-21 10:30 AM
hi gurus
I am not getting paid equivalent to what is there in my LC. Is there any
problem to get approval of my I-458?
EB3 INDIA
I-140 pending
I-458/EAD July filer
EAD RD Sep-07
I-458 pending
I am not getting paid equivalent to what is there in my LC. Is there any
problem to get approval of my I-458?
EB3 INDIA
I-140 pending
I-458/EAD July filer
EAD RD Sep-07
I-458 pending
more...
mukeshmjoshi
09-16 10:48 AM
Keep faith in yourself and the Lord, some day it will happen for sure.
Prayatna (Try): We already did apply
Pratiksha(Waiting): We are already doing it.
and
Prarthna(Prayer): If not doing, try it. It works for all.
Prayatna (Try): We already did apply
Pratiksha(Waiting): We are already doing it.
and
Prarthna(Prayer): If not doing, try it. It works for all.
hot Jennifer Aniston (L) and
ravicmv
05-20 11:05 PM
Helllo Experts,
Here is my Case:
Have 4 yrs of work experience and changed 3 employers in the past.
1 st employer: Worked as a Programmer Analyst for 6 months
2nd employer: Worked as Sr.Software Engineer for1.6 years
3rd Employer: Worked as Sr.Software Engineer for 2 years
Under unexpected circumstances, 2nd employer filed my H1 for a senior level even when I have only 2.5 yrs of experience.
I am trying to change job and look for a prospective employer who would file my labor/GC immediately.
The 4rth employer is willing to my GC but the Job designation will be Software Engineer.
Can you please advise if there would be any negative impact on my GC process if I take a step down in my title.
I liked the organization, work environment and all I am concerned now is about any RFC's for the different Job Titles I had so far.
I am in a very confused state and Please advise me as I need to respond for the Job offer.
I sincerely appreciate your help.
Thanks,
Ravi
Here is my Case:
Have 4 yrs of work experience and changed 3 employers in the past.
1 st employer: Worked as a Programmer Analyst for 6 months
2nd employer: Worked as Sr.Software Engineer for1.6 years
3rd Employer: Worked as Sr.Software Engineer for 2 years
Under unexpected circumstances, 2nd employer filed my H1 for a senior level even when I have only 2.5 yrs of experience.
I am trying to change job and look for a prospective employer who would file my labor/GC immediately.
The 4rth employer is willing to my GC but the Job designation will be Software Engineer.
Can you please advise if there would be any negative impact on my GC process if I take a step down in my title.
I liked the organization, work environment and all I am concerned now is about any RFC's for the different Job Titles I had so far.
I am in a very confused state and Please advise me as I need to respond for the Job offer.
I sincerely appreciate your help.
Thanks,
Ravi
more...
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rbharol
09-13 01:50 AM
LIN belong to Nebraska Service Center.
That is what I feared...
That is what I feared...
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OTTO
05-13 02:46 PM
Hi, I was hired 6 months ago as an Electrical Engineer and I am now preparing to apply for GC thru company Sponsorship. I have MS + 2 years and the position requires BS+7.
1. Am I qualified for EB2?
2. Which level do I fall under? Do you think the figures at the link below more or less right for privailing wage?
FLCDataCenter.com (http://www.flcdatacenter.com/OesQuickResults.aspx?code=17-2071&area=12100&year=11&source=1)
Thanks
Baris
1. Am I qualified for EB2?
2. Which level do I fall under? Do you think the figures at the link below more or less right for privailing wage?
FLCDataCenter.com (http://www.flcdatacenter.com/OesQuickResults.aspx?code=17-2071&area=12100&year=11&source=1)
Thanks
Baris
more...
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americandesi
09-04 02:16 PM
To all fellow GC applicants and immigration gurus.I have this question to ask.I recently got my I-140 and applied I-485 (Aug 1 2007).
My employer is moving office to new address.How will it effect my future GC process ?. Thanks in advance
If the company is moving within the same county then no issues.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
My employer is moving office to new address.How will it effect my future GC process ?. Thanks in advance
If the company is moving within the same county then no issues.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
dresses Tagged with Angelina Jolie And
Student with no hopes
11-01 11:45 AM
I heard that only applicants who are current are considered as backlogged - is this true?
Applicants who are not current - which statistical group do they belong to?
Applicants who are not current - which statistical group do they belong to?
more...
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Michael chertoff
10-23 07:29 PM
hi all
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
girlfriend Angelina Jolie amp; Brad Pitt
dollar500
01-03 11:29 PM
I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
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neeidd
07-09 11:42 AM
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
desi3933
05-14 10:12 AM
Hi,
My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
Your reply is greatly appreciated.
Thank you!
As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -
http://www.ilw.com/articles/2006,0119-eiss.shtm
My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
Your reply is greatly appreciated.
Thank you!
As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -
http://www.ilw.com/articles/2006,0119-eiss.shtm
sheish
09-22 09:42 AM
Hi,
Here is the my status:
- 140 approved(EB3 category)
- I am in 7th year of my H1
- 3year H1 extension is in-process
All of the above with Company-A.
If the 3year H1 is approved, will I be eligible to change job to Company-B and transfer my H1 to Company-B?
Can I take my priority date from my application from Company-A to B?
In what way Company-A can affect my status once I switch to Company-B?
Thanks for your input.
Here is the my status:
- 140 approved(EB3 category)
- I am in 7th year of my H1
- 3year H1 extension is in-process
All of the above with Company-A.
If the 3year H1 is approved, will I be eligible to change job to Company-B and transfer my H1 to Company-B?
Can I take my priority date from my application from Company-A to B?
In what way Company-A can affect my status once I switch to Company-B?
Thanks for your input.
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