mirage
07-08 12:59 PM
Guys,
I think we should start a new campaign be it a flowers campaign or a simple card or Fax/letter campaign. But we need to start this ASAP. We should a 'Seek information' campaign. Each of us write letters and faxes to DOS and USCIS and request them for this.
In May'07 the DOS moved forward the visa dates by 2 years for almost all categories. What if USCIS received more than 140,000 applications enough to exhaust 2007-2008 quota in that case Visa dates will either won't move or may move 1-2 months through out the next year. And we like fools will keep watching the Visa bulletins just to be disappointed each month.
Now since USCIS have already receipted (or will soon do it) all the June applications, they should be in a position to release the infomation on how many applications they received for each category and for each country. We will request both the agencies to work together and release some kind of statistics some predictions like what they expect for Sept visa bulletin and further. We are living in dark and information like this will give us some insight and will let us plan our careers. Until we press them for information they won't release anything.
Guys please think about this seriously, I think this is the need of this hour.
Thanks
I think we should start a new campaign be it a flowers campaign or a simple card or Fax/letter campaign. But we need to start this ASAP. We should a 'Seek information' campaign. Each of us write letters and faxes to DOS and USCIS and request them for this.
In May'07 the DOS moved forward the visa dates by 2 years for almost all categories. What if USCIS received more than 140,000 applications enough to exhaust 2007-2008 quota in that case Visa dates will either won't move or may move 1-2 months through out the next year. And we like fools will keep watching the Visa bulletins just to be disappointed each month.
Now since USCIS have already receipted (or will soon do it) all the June applications, they should be in a position to release the infomation on how many applications they received for each category and for each country. We will request both the agencies to work together and release some kind of statistics some predictions like what they expect for Sept visa bulletin and further. We are living in dark and information like this will give us some insight and will let us plan our careers. Until we press them for information they won't release anything.
Guys please think about this seriously, I think this is the need of this hour.
Thanks
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waiting2007
07-16 05:14 PM
Hi IV,
I think you guys are aware of unfair treatment of the Labor filer at the Atlanta Center. It is taking more than 100 days to approve labor while Chicago normal approval rate is less than 15 days. Core group..Do you have any feedback on this? Any plan to address this issue?
I think you guys are aware of unfair treatment of the Labor filer at the Atlanta Center. It is taking more than 100 days to approve labor while Chicago normal approval rate is less than 15 days. Core group..Do you have any feedback on this? Any plan to address this issue?
pansworld
11-28 02:38 PM
Maybe I am the only one.
Pankaj Sharma
Pankaj Sharma
2011 Justin Bieber and Selena Gomez
gondalguru
07-16 02:19 AM
If your PD is current and AOS case is approvable exept your FP which is more than 15 months old then you might get a FP notice to have it done before USCIS approves the AOS application.
more...
vin13
03-08 10:25 AM
Hi Everyone,
I did not get back any responses. So I am posting it again. Can someone please advice?
My PD is EB2March 2005.
My position titles are not same though the job is similar.
My salary is 35% more
Please advice if it is too risky to file for AC21
There has been many discussions about AC21. Please search for them and read.
If you have a job in same/similar you should be OK.
There is no form or application to fill. Some prefer to inform USCIS but not a requirement.
With your priority date, why don't you wait for end of this fiscal year to see if your GC gets approved.
I did not get back any responses. So I am posting it again. Can someone please advice?
My PD is EB2March 2005.
My position titles are not same though the job is similar.
My salary is 35% more
Please advice if it is too risky to file for AC21
There has been many discussions about AC21. Please search for them and read.
If you have a job in same/similar you should be OK.
There is no form or application to fill. Some prefer to inform USCIS but not a requirement.
With your priority date, why don't you wait for end of this fiscal year to see if your GC gets approved.
moonrah
05-11 04:01 PM
Gurus,
I have labor pending from a State A, now my employer is asking me to move to State B. However, my employer is willing to keep alive, labor process from State A and is also ready to file new labor from State B. Question is if labor A gets approved and if I apply I-140 on that labor, do I have to reapply I-140 for labor B, once labor B gets approved or I can use the same I-140?
Help is appreciated.
Thanks
I have labor pending from a State A, now my employer is asking me to move to State B. However, my employer is willing to keep alive, labor process from State A and is also ready to file new labor from State B. Question is if labor A gets approved and if I apply I-140 on that labor, do I have to reapply I-140 for labor B, once labor B gets approved or I can use the same I-140?
Help is appreciated.
Thanks
more...
coolpal
03-25 10:25 AM
You can only apply for extension 6 months before exipry.. so the earliest you can do is Mar 30th. Right now, USCIS is very keen on consulting cases, and RFE for client details is pretty much the norm. I got a similar RFE for which I responded, and nothing happened for more than a month. So I applied for premium processing, and they sent another RFE again. I am still waiting on the RFE, but I think it could be because my initial contract agreement (that my company probably sent in the response for RFE) had an end date of 2/28. It is now extended till June, but that is how my client works...
My advice,
1. try not to accept to be on bench... ask your employer to pay while on bench.
2. Apply for h1 extension well before your contract ends or do premium processing if the contract ends in less than 3 months.
3. Be prepared for an RFE. Make sure you can get client letters and such
hope you won't get into what I am experiencing for the last 11 months :(
pal :)
My advice,
1. try not to accept to be on bench... ask your employer to pay while on bench.
2. Apply for h1 extension well before your contract ends or do premium processing if the contract ends in less than 3 months.
3. Be prepared for an RFE. Make sure you can get client letters and such
hope you won't get into what I am experiencing for the last 11 months :(
pal :)
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factoryman
02-13 08:13 PM
We need a handle to kick start a similar plead. In the last one year and quarter here at this forum, I had never seen one that CIS has done injustice to us by mis-interpreting a rule or law or act. If somebody knows otherwise, please state and cite facts. The class action suit ("Schneider vs. Chertoff") was filed by Shusterman on behalf of a group of international doctors in response to CIS regulations implementing the Nursing Relief for Disadvantaged Areas Act of 1999. Section five of the Act provides that "any alien physician" can qualify for a green card through a "National Interest Waiver," provided they practice in a federally designated health professional shortage area. The National Interest Waiver program is intended to accelerate the hiring of international doctors willing to serve in such areas.
In its regulations implementing the Act, the CIS stated that only primary care physicians, not medical specialists such as surgeons or radiologists, could qualify for green cards through a National Interest Waiver. The agency's regulations therefore eliminated the right thousands of international specialist physicians had to petition for green cards through the National Interest Waiver program.
Thanks.
Can Carl Shusterman help us get USCIS release the numbers allocated and how they were allocated?
He below argued how USCIS interpreted the law and won
http://www.earthtimes.org/articles/show/news_press_release,60087.shtml
In its regulations implementing the Act, the CIS stated that only primary care physicians, not medical specialists such as surgeons or radiologists, could qualify for green cards through a National Interest Waiver. The agency's regulations therefore eliminated the right thousands of international specialist physicians had to petition for green cards through the National Interest Waiver program.
Thanks.
Can Carl Shusterman help us get USCIS release the numbers allocated and how they were allocated?
He below argued how USCIS interpreted the law and won
http://www.earthtimes.org/articles/show/news_press_release,60087.shtml
more...
jettu77
09-28 02:51 PM
Do we need to have the original receipt notices.
I asked my attorney and he said that the copies would be fine.
He sent me scanned receipt notices via e-mail and says that it will
be fine and not ready to send the originals for some reason.
Can you guys think of any reason attorney not willing to give the original receipt notices?
Thanks.
I asked my attorney and he said that the copies would be fine.
He sent me scanned receipt notices via e-mail and says that it will
be fine and not ready to send the originals for some reason.
Can you guys think of any reason attorney not willing to give the original receipt notices?
Thanks.
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yganreddy
07-07 03:46 AM
it is nothing but an employer letter in which you need to specify your designation and your continuation of your employment with that company. I sent the same letter for H4 stamping to my spouse.
more...
pom
10-01 04:53 AM
I could only see the second one, and it's not bad. But I have no idea what you were trying to show... It looks a little bit like my room when I wake up, before I put my glasses on...
pom :cowboy:
pom :cowboy:
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GetGC08
09-17 12:51 PM
Hello,
I got RFE on I-140 for EB2 India.
Following are the details of RFE.
Item 1.) provide list of receipt numbers of all petitions filled by company in 2007.
Item 2.) Provide proffered wage of each beneficiary & evidence of any wages paid to those beneficiaries.
Item 3.) My W2 for 2007.
Item 4.) Provide evidence of companies ability to pay(A2P) each beneficiaryincluding those who have already been approved. Such evidence must include companies federal tax return, audited financial statements or annual reports.
Item 5.) degree evaluation. (I am holding masters in computer science degree from India. Total 6 years of education after school. 12 + 3 years BS in Computers + 3 Years MCA = 18)
Following are the Labor(PERM) details:
1. labor has been approved.
2. Mentioned Masters degree required in computer science.
3. Foreign degree is acceptable.
4. 18 months of experience required.(I already have 18 months of experience when I filled labor)
5. Alternate is not acceptable e.g. BS + 5 years.
Following will be submitted.
1. I submitted my 2007 W2 with latest paystub which includes year to date details.(for Item# 3)
2. Degree evaluation.(for Item# 5)
3. I am going to provide companies federal tax return & audited financial statements for RFE item numbers 1,2 & 4(As mentied above)
My question, is it sufficient to provide companies federal tax return & audited financial statements for RFE item number 1,2 & 4(As mentioned above) ?
Company details:
Morethan 120 employees & $24 million turn over in 2007.
How serious this RFE is?
I will really appreciate your response.
Thanks.
I got RFE on I-140 for EB2 India.
Following are the details of RFE.
Item 1.) provide list of receipt numbers of all petitions filled by company in 2007.
Item 2.) Provide proffered wage of each beneficiary & evidence of any wages paid to those beneficiaries.
Item 3.) My W2 for 2007.
Item 4.) Provide evidence of companies ability to pay(A2P) each beneficiaryincluding those who have already been approved. Such evidence must include companies federal tax return, audited financial statements or annual reports.
Item 5.) degree evaluation. (I am holding masters in computer science degree from India. Total 6 years of education after school. 12 + 3 years BS in Computers + 3 Years MCA = 18)
Following are the Labor(PERM) details:
1. labor has been approved.
2. Mentioned Masters degree required in computer science.
3. Foreign degree is acceptable.
4. 18 months of experience required.(I already have 18 months of experience when I filled labor)
5. Alternate is not acceptable e.g. BS + 5 years.
Following will be submitted.
1. I submitted my 2007 W2 with latest paystub which includes year to date details.(for Item# 3)
2. Degree evaluation.(for Item# 5)
3. I am going to provide companies federal tax return & audited financial statements for RFE item numbers 1,2 & 4(As mentied above)
My question, is it sufficient to provide companies federal tax return & audited financial statements for RFE item number 1,2 & 4(As mentioned above) ?
Company details:
Morethan 120 employees & $24 million turn over in 2007.
How serious this RFE is?
I will really appreciate your response.
Thanks.
more...
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Jimi_Hendrix
01-01 04:35 PM
As I understand a new bill has to be introduced in Senate and in House of Representatives. Both these bills will have to be passed and then reconciled for differences.
Is it true that all CIR legislation that was introduced in Senate last year is now dead and that a new bill will have to be introduced in Senate as well?
Is it true that all CIR legislation that was introduced in Senate last year is now dead and that a new bill will have to be introduced in Senate as well?
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VK193
05-11 09:42 PM
Hi. I am currently here in the US applying for AOS from a B2 to F1 visa. I sent my application on the 26th April with USPS Express mail request return reciept. My current 1 94 expired on April 28th. My return receipt from USPS says that my item was signed for on April 28th leaving me still in status but when I received my I 797 C it says that the receipt date is April 29th. I am very worried and I am wondering if this is something I should call their customer services department about. I do not want my application denied simply because I may seem not to be in status. Please help, I am very worried.
more...
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roseball
04-03 04:30 PM
Recently my I-140 petition for EB2 was denied on educational grounds . The employer opened an MTR/appeal.
Is it possible to re-file the I-140 petition in EB3 using the same labor certification, while the first I-140 is pending appeal at AAO.
Not while an appeal is pending. Even then, it depends on what the job and educational requirements were on the labor application. What was the reason for EB-2 I-140 denial?
Is it possible to re-file the I-140 petition in EB3 using the same labor certification, while the first I-140 is pending appeal at AAO.
Not while an appeal is pending. Even then, it depends on what the job and educational requirements were on the labor application. What was the reason for EB-2 I-140 denial?
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alterego
02-06 08:13 AM
It looks as though they have updated their page. Previously they were suggesting people apply 180 days in advance.
more...
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bongbox
01-26 07:07 AM
hey sharif do mind telling me what frame rate you used in your site?
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desixp
10-24 04:28 PM
Hi All,
I have efiled for my AP and EAD. I have received the RN for the same. I am planning to travel out of country by end of November. I am pretty sure AP will not be approved by that time. I am planning to travel on H1B visa. My attorney tells me that AP will not be approved if I travel before it is approved. I have to be in the country in order to get the AP approval. Is that true?
Thanks,
DesiXP
I have efiled for my AP and EAD. I have received the RN for the same. I am planning to travel out of country by end of November. I am pretty sure AP will not be approved by that time. I am planning to travel on H1B visa. My attorney tells me that AP will not be approved if I travel before it is approved. I have to be in the country in order to get the AP approval. Is that true?
Thanks,
DesiXP
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freddyCR
March 2nd, 2005, 06:30 AM
Thanks...it gave me some work both, when taking it and post processing it, on account of the contrasting light conditions, but it came out quite alright.
Blog Feeds
05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
h1vegas
06-11 02:38 PM
thank you so much
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