LostInGCProcess
09-02 10:53 AM
^^bump^^
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sunny1000
09-13 02:37 AM
Here is an inspirational song by Mavis Staples to motivate the rally goers. The song and the video are moving. But, some might find the video graphic so, please use discretion.
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
P.S: I can't go as I have a date with the court.
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
P.S: I can't go as I have a date with the court.
wandmaker
11-12 06:42 PM
if you want to get h4 extension , you will have to file I539 not 524.
BTW, your h4 extension will be denied, if you are not extending your H1
Thank you very much for the advise.Is the I524 the only form that I have to fill.Please advise on this......
BTW, your h4 extension will be denied, if you are not extending your H1
Thank you very much for the advise.Is the I524 the only form that I have to fill.Please advise on this......
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ramhs
02-20 12:50 AM
Going by the trend, you have to make sure that the application reaches USCIS by April 2nd. April 1st is a holiday.
Can we send the application early, like one week in advance ?
Can we send the application early, like one week in advance ?
more...
GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
ksvreg
03-15 09:10 PM
IN THE CURRENT SITUATION/TREND,
- USCIS throwing RFEs on H1 transfers
- Beware of 140 revocation by your employer though it is not valid. But will put you in mental stress
- Make sure your new position duties and its description and slaray are similar.
- USCIS throwing RFEs on H1 transfers
- Beware of 140 revocation by your employer though it is not valid. But will put you in mental stress
- Make sure your new position duties and its description and slaray are similar.
more...
jobelaw
06-09 01:06 AM
My question is regarding Citizenship. My mother married my step father in the year 2000. They have 2 children one is 7 the other is 9. My mother did not adjust her status right after they married. she waited a few years. She received her green card on November of 2006. "the one that renews every 10 years. This year she separated him because she cheated on her. They are not legally separated or anything like that. She wants to become a US Citizen but we think it might be a problem since this year they did not file taxes together. When she did her taxes she checked the box that says shes filing married but separately. He does not want the divorce but she does. I told her she should hold of on any divorce and see about getting her citizenship first. What complications can she have since this year they did not file jointly. I appreciate your time and any input
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oljinx
05-10 03:03 PM
Mine said
Bachelor or equivalent with computer related coursework for which I submitted equivalency.
Bachelor or equivalent with computer related coursework for which I submitted equivalency.
more...
morchu
05-27 12:44 PM
Wrong info.
Denial of "extension of stay" wont invalidate "visa stamping".
also if you get denial stamp no longer be valid. This is what I also read online.
Denial of "extension of stay" wont invalidate "visa stamping".
also if you get denial stamp no longer be valid. This is what I also read online.
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samiam
04-26 05:38 PM
Is there any law for disabled immigrant. I am 33 years old, and I am disabled, and I am here in US from 1998. I really want to settle down in one place, and it does not matter whether it is India or America but I think I have to make a choice right now, or my future will be a big question mark.
I have waited for a long time, thinking future will be bright, day by day I dont feel I will get my Green Card, So as my lost option I am wondering whether there is any option for disable immigrant? Any help is appreciated.
thanks
I have waited for a long time, thinking future will be bright, day by day I dont feel I will get my Green Card, So as my lost option I am wondering whether there is any option for disable immigrant? Any help is appreciated.
thanks
more...
sanjose16
02-24 11:03 AM
How can you file H-1B for your spouse? Please explain.
I mean (employer) not me..:)
I mean (employer) not me..:)
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lc1978
08-17 08:23 PM
Hello Gurus,
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
more...
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kumarr
04-08 01:03 PM
I just noticed on USCIS website that all 4 of our family's I-485 (myself, wife, 2 children) have new LUD of 4/1/2009.
The message still says "case received and pending" on all cases.
I wonder what it means?
Thanks.
The message still says "case received and pending" on all cases.
I wonder what it means?
Thanks.
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arti.jain
11-10 02:57 PM
Actually i went ahead and contacted an attorney for L1A extension under premium processing, so that should be done soon.
That would take care of DLs as well, as i would get the extension decision by the expiration of DL(s).
Attorney advised to wait for EAD extension for my wife till L1/L2 gets done, as EAD is still valid for some time. And in my case its not being used so i am fine.
Best to
That would take care of DLs as well, as i would get the extension decision by the expiration of DL(s).
Attorney advised to wait for EAD extension for my wife till L1/L2 gets done, as EAD is still valid for some time. And in my case its not being used so i am fine.
Best to
more...
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Blog Feeds
05-03 08:40 AM
Arizona's new immigration law is a bad idea whether you are an anti or a supporter of comprehensive immigration reform. The reasons are different for each but the idea of a state taking crazy measures points to the failure of congress and the administration to take meaningful action to correct what is becoming a system that is failing the immigrant community and our entire nation.
What does the Arizona law do?
Arizona's law orders immigrants to carry their alien registration documents at all times and requires police to question people if there's reason to suspect they're in the United States illegally.
What do opponents say?
Critics, including immigrant advocates and the American Civil Liberties Union of Arizona, say they are concerned the law will foster racial profiling, arguing that most police officers don't have enough training to look past race while investigating a person's legal status.
It also targets those who hire illegal immigrant laborers or knowingly transport them.
Are other states considering similar legislation?
Michael Hethmon, general counsel for the Immigration Reform Law Institute, helped draft the language of the Arizona bill. Hethmon said lawmakers from four other states have approached him asking for advice on how they can do the same thing where they live. He declined to identify which states, citing attorney-client privilege.
Is federal immigration legislation coming?
Democrats say that if they don't get Republican commitments soon, they likely will push to move a bill without GOP support.
Democratic sources said the chances of passing immigration reform in that scenario this year are slim, but they want to make clear to key constituencies they are at least trying.
President Obama is still pushing for a bill, though.
Sen. Lindsey Graham of South Carolina is the only GOP senator on board, but he has told Democrats they will lose his support unless they find another Republican. Obama recently called Sen. Scott Brown, R-Massachusetts, to try to get him on board, a Brown spokeswoman said.
Bottom line is that this bill does not make Arizona safer or its residents free of criminals. It's anti-immigrant and unconstitutional.
More... (http://www.visalawyerblog.com/2010/04/arizona_new_law_so_what_does_i.html)
What does the Arizona law do?
Arizona's law orders immigrants to carry their alien registration documents at all times and requires police to question people if there's reason to suspect they're in the United States illegally.
What do opponents say?
Critics, including immigrant advocates and the American Civil Liberties Union of Arizona, say they are concerned the law will foster racial profiling, arguing that most police officers don't have enough training to look past race while investigating a person's legal status.
It also targets those who hire illegal immigrant laborers or knowingly transport them.
Are other states considering similar legislation?
Michael Hethmon, general counsel for the Immigration Reform Law Institute, helped draft the language of the Arizona bill. Hethmon said lawmakers from four other states have approached him asking for advice on how they can do the same thing where they live. He declined to identify which states, citing attorney-client privilege.
Is federal immigration legislation coming?
Democrats say that if they don't get Republican commitments soon, they likely will push to move a bill without GOP support.
Democratic sources said the chances of passing immigration reform in that scenario this year are slim, but they want to make clear to key constituencies they are at least trying.
President Obama is still pushing for a bill, though.
Sen. Lindsey Graham of South Carolina is the only GOP senator on board, but he has told Democrats they will lose his support unless they find another Republican. Obama recently called Sen. Scott Brown, R-Massachusetts, to try to get him on board, a Brown spokeswoman said.
Bottom line is that this bill does not make Arizona safer or its residents free of criminals. It's anti-immigrant and unconstitutional.
More... (http://www.visalawyerblog.com/2010/04/arizona_new_law_so_what_does_i.html)
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ssg.gcl
10-12 04:31 PM
I have a EB2 labor that is approved from BEC. But i have already applied 140 and 485 using EB3 labor and both are pending. Now I am planning to interfile 485 once my old 140 approves.
My question is does my labor expire, If I dont use it to file 140.
Thanks for your advice.
My question is does my labor expire, If I dont use it to file 140.
Thanks for your advice.
more...
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u.misc
01-21 09:58 AM
Hi,
My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.
Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?
If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.
Please respond with your suggestions.
Thanks a lot in advance!
Regards
DK
I was in the similar situation. i.e. My Labor was applied after I was in 6th year of H1-B. My lawyer told me that I won't be able to get 1 year H1-B extension based on the PERM because PERM had to be filed before 6th year of H1-B period (i.e. at least 1 year before H1-B term is over).
My lawyer suggested that in case the PERM is not approved in short period of time, he might have to send me abroad (outside US) for certain period of time since the period spend outside US does not count towards H1-B tenure. So basically if your PERM is filed on 01 June 2010, then you might have to spend "X" number of days (counting from April 17,2010 through 01 June 2010) outside US to be able to apply for 7th year H1-B extension based on pending PERM application.
I my case, things turned out in my favor and I was lucky to get PERM approved in 3 months and then I-140 approved in a week. I was able to get 3 year H1-B extension.
Please work with a lawyer and he would suggest you a way around. Its worth it to spend some money and get consultation from a expert lawyer on this matter. Good Luck with you new job.
My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.
Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?
If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.
Please respond with your suggestions.
Thanks a lot in advance!
Regards
DK
I was in the similar situation. i.e. My Labor was applied after I was in 6th year of H1-B. My lawyer told me that I won't be able to get 1 year H1-B extension based on the PERM because PERM had to be filed before 6th year of H1-B period (i.e. at least 1 year before H1-B term is over).
My lawyer suggested that in case the PERM is not approved in short period of time, he might have to send me abroad (outside US) for certain period of time since the period spend outside US does not count towards H1-B tenure. So basically if your PERM is filed on 01 June 2010, then you might have to spend "X" number of days (counting from April 17,2010 through 01 June 2010) outside US to be able to apply for 7th year H1-B extension based on pending PERM application.
I my case, things turned out in my favor and I was lucky to get PERM approved in 3 months and then I-140 approved in a week. I was able to get 3 year H1-B extension.
Please work with a lawyer and he would suggest you a way around. Its worth it to spend some money and get consultation from a expert lawyer on this matter. Good Luck with you new job.
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Ann Ruben
04-23 06:39 PM
This depends on the quid pro quo for the equity shares. Are they being given to you in exchange for a passive capital investment in the company or as compensation for work you have performed or are performing?
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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
h1bee
10-02 10:59 AM
In case my H1B is revoked, do I still have the option of filing from a different company as I still have more than year left on my original visa? or can I still do a transfer?
dan19
04-11 05:23 PM
Where did you get this info. from?
18000 change as of yesterday (April 10).
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18000 change as of yesterday (April 10).
Enjoy:p