martinvisalaw
09-10 12:05 PM
The US Department of State has released the new Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html) for October 2009. In family-based categories, there is very slight movement forward, but just by a few weeks or months in most categories. However, Family 1st Preference for Mexico moves forward by 17 months
Employment-based categories remain "Current" for all 1st preference applicants, and for 2nd preference from Mexico, China, and countries other than India and China.
The biggest change is that the bulletin once again lists priority dates for 3rd Preference and Other Workers. These categories have been "Unavailable" since the May 2009 bulletin. Unfortunately, the priority dates listed on the October bulletin are all at least a few weeks behind the dates listed the last time, in the April bulletin. This may be the Visa Office being conservative in its first allocation of numbers for the new fiscal year. Let's hope so, and hope that they move forward in the next few months.
Employment-based categories remain "Current" for all 1st preference applicants, and for 2nd preference from Mexico, China, and countries other than India and China.
The biggest change is that the bulletin once again lists priority dates for 3rd Preference and Other Workers. These categories have been "Unavailable" since the May 2009 bulletin. Unfortunately, the priority dates listed on the October bulletin are all at least a few weeks behind the dates listed the last time, in the April bulletin. This may be the Visa Office being conservative in its first allocation of numbers for the new fiscal year. Let's hope so, and hope that they move forward in the next few months.
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prem_goel
04-17 02:02 PM
I changed jobs twice after I-140 approval/180 - days of filing 485. I am in the 6th year of my H-1B. Both the times I transfered my H-1B and got validity for 3 years based on AC-21.
Now I know there is no formal form for AC-21. Most of the people send a letter along with some supporting documentation that their new job is similar to the old one. I didn't send any such letter, however when my H-1B transfers were done, the attorneys quoted AC-21 in the petition and got 3 year H-1B extensions.
My question is, would that consider notifying USCIS of AC-21, or is the 485 department different from H-1B department?
Now I know there is no formal form for AC-21. Most of the people send a letter along with some supporting documentation that their new job is similar to the old one. I didn't send any such letter, however when my H-1B transfers were done, the attorneys quoted AC-21 in the petition and got 3 year H-1B extensions.
My question is, would that consider notifying USCIS of AC-21, or is the 485 department different from H-1B department?
Leo07
05-04 02:11 PM
I used the name of the other tracking site, which began to charge people money to "Track"
Apparently, IV has some kind of text-analysis tool that blocks the name of the "Other" site completely:)
Can you explain me...?
Apparently, IV has some kind of text-analysis tool that blocks the name of the "Other" site completely:)
Can you explain me...?
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cheshirecat
08-02 04:46 PM
Hi,
Sorry if I posted in the wrong forum,
I recently changed job. My H1 transfer is not complete yet. Now I have received a very good offer from a different company. Can I transfer my H1 to this company now?
Thanks
Sorry if I posted in the wrong forum,
I recently changed job. My H1 transfer is not complete yet. Now I have received a very good offer from a different company. Can I transfer my H1 to this company now?
Thanks
more...
rajiv404
12-09 06:11 PM
I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
1. WIthdraw application - not sure repurcussion of this.
2. Respond to RFE with mentioned reason which can have following outcomes
a) Appoved - (good i will be more than happy)
b) Approved with consular processing - (I dont want to travel at this point of time outside US)
c) denied - (not sure)
3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?
Here are my questions
1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
2. Senario 2.c. If I get "Denied" what will be my current status?
3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
4. Scenario 3, Can this happen?
Any response will be appreciated. Thanks!
1. WIthdraw application - not sure repurcussion of this.
2. Respond to RFE with mentioned reason which can have following outcomes
a) Appoved - (good i will be more than happy)
b) Approved with consular processing - (I dont want to travel at this point of time outside US)
c) denied - (not sure)
3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?
Here are my questions
1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
2. Senario 2.c. If I get "Denied" what will be my current status?
3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
4. Scenario 3, Can this happen?
Any response will be appreciated. Thanks!
seeking_GC
07-15 06:41 PM
I guess posting this was the trigger for USCIS to send the approval. I got the CPO mail in my email a few mins ago!
Hugely Relieved!!!!!!!!!!!!!!!!!!!!!!
Let me know if someone else is in the same situation and I can tell my timeline.
Hugely Relieved!!!!!!!!!!!!!!!!!!!!!!
Let me know if someone else is in the same situation and I can tell my timeline.
more...
gccovet
11-21 01:54 PM
few days ago, I tried to extend H4 visa for my spouse but I heard through one of the lawyer in the firm that once H4 visa holder used EAD, H4 becames invalid unless you enter again in POE using H4, we cant apply for H4 extension as the current status is AOS. But we are still exploring it.
I checked in H4 extension form I-539, they ask:
1. current immigration status?
2. whether you want to extend current status or change of status?
But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.
Anybody experienced the same issue as above? Thanks.
Once your spouse started to use EAD (Work), spouse is no longer on H4 status and H4 status expires. You can reapply for H4 as long as primary applicant is still on H1. Once H4 is applied and i-797 issued, spouse had to go for stamping for h4 and reenter to be again in H4 status.
GCCovet.
I checked in H4 extension form I-539, they ask:
1. current immigration status?
2. whether you want to extend current status or change of status?
But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.
Anybody experienced the same issue as above? Thanks.
Once your spouse started to use EAD (Work), spouse is no longer on H4 status and H4 status expires. You can reapply for H4 as long as primary applicant is still on H1. Once H4 is applied and i-797 issued, spouse had to go for stamping for h4 and reenter to be again in H4 status.
GCCovet.
2010 File:CANNES (festival1).jpg
foobar2001
02-02 01:28 AM
Hello,
I am one of those cases where no one can get my name right. This time my visa stamp has an FNU against my first name.
I have a valid SSN, valid California DL and a valid California marriage certificate. The I-797 is not a blanket petition. It has my name as I wish it to be. I used my I-797 to get my DL couple of years back.
The question is, will the FNU create any problems at the port of entry? Will it create problems when I renew my H1-B later this year?
How would I enter my name on the I-94? As on the petition or as on the visa?
Thank you in advance.
i had the same issue on my visa. There were no problems at port of entry. Also, i used my real first name in every subsequent form in the US (i94, gc application etc), and have not faced any problems...good luck!
I am one of those cases where no one can get my name right. This time my visa stamp has an FNU against my first name.
I have a valid SSN, valid California DL and a valid California marriage certificate. The I-797 is not a blanket petition. It has my name as I wish it to be. I used my I-797 to get my DL couple of years back.
The question is, will the FNU create any problems at the port of entry? Will it create problems when I renew my H1-B later this year?
How would I enter my name on the I-94? As on the petition or as on the visa?
Thank you in advance.
i had the same issue on my visa. There were no problems at port of entry. Also, i used my real first name in every subsequent form in the US (i94, gc application etc), and have not faced any problems...good luck!
more...
Blog Feeds
09-28 12:50 PM
Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.
If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.
There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.
Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.
For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)
If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.
There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.
Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.
For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/4VwzqcGxyMc/)
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uma001
06-14 02:42 PM
Since there is a mad rush of i485 applications , USCIS is going to do lottery to select applications for approval.Rest of them will be rejected.
Just kididng guys, take it easy.
Just gave a thought about it. USCIS can do anything. People who got rejection in H1b lottery feeling bad still.
Just kididng guys, take it easy.
Just gave a thought about it. USCIS can do anything. People who got rejection in H1b lottery feeling bad still.
more...
sanju_dba
05-06 11:02 AM
Hi All,
I need to travel urgently to India due to some family issue and my EAD is expiring in Aug 2010. I need to apply for my renewal before I fly out this Sunday since I will have to be in India for 30 days. Can I e file my application from here and send the supporting documentation by Saturday? If so, I want to make sure that if for some reason, I get a biometrics appt., while in India, how can I postpone it? and also there won't be any issues with my EAD renewal app since I will be India and My I 94 will change once I am back.
Thanks for all your responses.....
I think it should be OK!
-> i guess there is a provision to delay your FP if it arrives for any reason, any of your representative here can scan and let u see the contents , there will be a phone to call and postpone.
-> if you are C9 category ( 485 in EB category ) , you donot need i94 number , you need alien number.
I need to travel urgently to India due to some family issue and my EAD is expiring in Aug 2010. I need to apply for my renewal before I fly out this Sunday since I will have to be in India for 30 days. Can I e file my application from here and send the supporting documentation by Saturday? If so, I want to make sure that if for some reason, I get a biometrics appt., while in India, how can I postpone it? and also there won't be any issues with my EAD renewal app since I will be India and My I 94 will change once I am back.
Thanks for all your responses.....
I think it should be OK!
-> i guess there is a provision to delay your FP if it arrives for any reason, any of your representative here can scan and let u see the contents , there will be a phone to call and postpone.
-> if you are C9 category ( 485 in EB category ) , you donot need i94 number , you need alien number.
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hl
04-01 12:14 AM
See, the best part about all this is that someone obviously typed this up, because it used .harish. Meaning someone remembered me when making this joke. Thanksss :) Glad to know someone still remembers me. I haven't been here in quite a while.
more...
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gamjayoung
11-20 05:35 PM
Can you tell me how to check if my PD is current?? Thanks
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number30
04-09 02:48 PM
Pardon me if this question has been asked before. This query is for my friend who got laid off just before his 140 got approved in 02/09.
Case details: PD 08.2007; 3 yr. H1B expiring 08.2009
What are his options to keep the GC process rolling & things to consider?
Can he return to his home country, India, and apply 485 by consular processing when his PD is current?
Thank you.
Company should not revoke his I-140 and support him with all the documents for the interview. There is no AC-21 for the CP.
Case details: PD 08.2007; 3 yr. H1B expiring 08.2009
What are his options to keep the GC process rolling & things to consider?
Can he return to his home country, India, and apply 485 by consular processing when his PD is current?
Thank you.
Company should not revoke his I-140 and support him with all the documents for the interview. There is no AC-21 for the CP.
more...
pictures 2011 Mel Gibson and Jodie
foobar2001
02-11 02:44 AM
thanks for the quick response. thats what i thought too -- seeing a tax consultant makes sense...
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go_guy123
08-12 11:42 AM
Just to be contrarian, I think the recent H1-B and L-1 fee increase is an opportunity. Instead of playing a victim of legislative abuse, we should come out batting with an offense. We should get businesses to lobby for us. We should get congress people educated about the unfairness. We should not say the fee is wrong, because these are after all elected officials and they will not jeopardize their election prospects by going against this measure. So we should say ok take this fee but then provide us with administrative fixes that we want.
The H1B/L1 fees is designed to hit the body shopping business model. It is nothing but a
legal/labor cost arbitrage that most indian IT service shops follow.
The fees is not the last but the beginning and more will be piled on as they will come back again in a year or so to fund more "secure the mexican border" initiatives. It is a beast that can never be satisfied. The American It companies are not impacted by the 50% rules and they care less about it. So it the resistance effort will be very minimal...like it happened this time.
The H1B/L1 fees is designed to hit the body shopping business model. It is nothing but a
legal/labor cost arbitrage that most indian IT service shops follow.
The fees is not the last but the beginning and more will be piled on as they will come back again in a year or so to fund more "secure the mexican border" initiatives. It is a beast that can never be satisfied. The American It companies are not impacted by the 50% rules and they care less about it. So it the resistance effort will be very minimal...like it happened this time.
more...
makeup Mel Gibson gives #39;one of his
laborchic
10-25 06:25 PM
Guys this is Bonus Offer...
what more can one ask for..
what more can one ask for..
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pmpforgc
12-15 07:29 PM
Hi
I just came across the News about Donations by Indian Legal Immigrant to the US hospital. Link is given below
timesofindia.indiatimes.com/articleshow/822912.cms?headline=NRI~donates~$30~million~to~US~ hospital (http://timesofindia.indiatimes.com/articleshow/822912.cms?headline=NRI~donates~$30~million~to~US~ hospital)"]
I am sure there are several other legal immigrants donations to the US hospitals, Colleges and Universities etc.
I am sure that if we can link those all in one thread and later on can be compiled by IV to make strong point that Legal immigrant apart from generating lots of jobs and economical growth for US also contribute generously to various progressive causes, by the wealth that they make because of their creative mind and skills.
On other hand there is a debate about undocumented workers relying on the US tax payers resources.
I just came across the News about Donations by Indian Legal Immigrant to the US hospital. Link is given below
timesofindia.indiatimes.com/articleshow/822912.cms?headline=NRI~donates~$30~million~to~US~ hospital (http://timesofindia.indiatimes.com/articleshow/822912.cms?headline=NRI~donates~$30~million~to~US~ hospital)"]
I am sure there are several other legal immigrants donations to the US hospitals, Colleges and Universities etc.
I am sure that if we can link those all in one thread and later on can be compiled by IV to make strong point that Legal immigrant apart from generating lots of jobs and economical growth for US also contribute generously to various progressive causes, by the wealth that they make because of their creative mind and skills.
On other hand there is a debate about undocumented workers relying on the US tax payers resources.
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QuintonBermuda
04-26 10:26 PM
Sorry, If you read towards the bottom there is talk of eliminating the per country caps...
oliTwist
12-09 07:28 AM
Hi All,
I have a strange issue, paining me since I have joined this new company, ( I am using AC21, since I am on EAD and AC21 is not yet filed). I am one of those unlucky fellows with really long name(First Name) stuck on my passport, and I have been using this all along, as my legal name while applying for visa/485 related activities. However, I go by the last part of the First Name and so all my other records here (like DL, SSN card, Bank Accounts, 401K account, etc) have got the last part of the First Name as my first name.My H1-B visa had the complete first name printed on it, and so I have been thinking, people could see that the name I have been using is in the last part of the complete First Name on the Visa and Passport.
However, in the EAD card, the name got cut(or incomplete) as the entire first name could not be printed on it. When I showed this to the new employer, they are using the name as displayed on the EAD card(which is not what I go by) in all the accounts they are establishing, like Paycheck, 401K info, ESPP etc.
Now I am in a soup, I have requested them to use the last part of the first name, which they are chcking with their immigration lawyers. But in the meanwhile, I want to know, does any one has this kind of problem. What should we do if the name is incomplete on the printed EAD card? (Ofcourse once I get GC, I would rather change this damn name)
Any one has any ideas?
Thanks
:mad:
I have a strange issue, paining me since I have joined this new company, ( I am using AC21, since I am on EAD and AC21 is not yet filed). I am one of those unlucky fellows with really long name(First Name) stuck on my passport, and I have been using this all along, as my legal name while applying for visa/485 related activities. However, I go by the last part of the First Name and so all my other records here (like DL, SSN card, Bank Accounts, 401K account, etc) have got the last part of the First Name as my first name.My H1-B visa had the complete first name printed on it, and so I have been thinking, people could see that the name I have been using is in the last part of the complete First Name on the Visa and Passport.
However, in the EAD card, the name got cut(or incomplete) as the entire first name could not be printed on it. When I showed this to the new employer, they are using the name as displayed on the EAD card(which is not what I go by) in all the accounts they are establishing, like Paycheck, 401K info, ESPP etc.
Now I am in a soup, I have requested them to use the last part of the first name, which they are chcking with their immigration lawyers. But in the meanwhile, I want to know, does any one has this kind of problem. What should we do if the name is incomplete on the printed EAD card? (Ofcourse once I get GC, I would rather change this damn name)
Any one has any ideas?
Thanks
:mad:
nitinqa
07-03 03:04 AM
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Approval notice sent.
On June 22, 2007, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I have received mail from uscis for my H1B visa status.
What to do know.?
Will I receive mail in INDIA or my company who has filled H1B Visa will receive it ?
Today is 03 July 2007 still i have not received any courier from USCIS people.
Please help me what to do next.????
Warm Regards
NITIN
INDIA
Current Status: Approval notice sent.
On June 22, 2007, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I have received mail from uscis for my H1B visa status.
What to do know.?
Will I receive mail in INDIA or my company who has filled H1B Visa will receive it ?
Today is 03 July 2007 still i have not received any courier from USCIS people.
Please help me what to do next.????
Warm Regards
NITIN
INDIA
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