pom
10-04 07:40 PM
Ouh, neato! But I don't like the Kirupaforum thing at the bottom :-\
wallpaper Girl: Fine, I love you.
beautifulMind
07-26 09:56 AM
labor is indeed more than 1 year old. Are you completely sure about this rule since having an approved 140 gives you a 3 year extemsion
martinvisalaw
06-15 11:54 AM
The answer depends on various facts not listed in your question. I assume that he wants to return in H-1B status. If he has not used his full 6 years in H-1B status before, he can get the remainder of his 6 years without being subject to the H-1B cap. If he used his full 6 years and now has been outside the US for one full year, he can get another 6 years, but he will be subject to the H-1B cap (assuming he will work for a cap-subject employer). If he didn't use his full 6 years, but has been outside the US for a year, he can either (a) apply for a new 6 years and be subject to the cap, or (b) get the remaining balance not subject to the cap.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
2011 I love you guys! :)
Beemar
09-20 09:45 PM
Don't read too much into it. Somebody might just be doing trivial mass updates (like moving your info from one database table to another ;)), and you will get a soft LUD.
Seriously, I had a hobby before I got my GC (I got approved last Saturday only). I have registered all my previous approved and expired h1b petitions into the case status online system. Some of them are as old as year 2002. I frequently get soft LUDs on them. One of my petition was approved it 2002. It expired in 2004. And yet, I still get soft LUD on this petition every 3 month or so. The last one was in the month of June this year.
So I really don't think there is much significance of a soft LUD.
Seriously, I had a hobby before I got my GC (I got approved last Saturday only). I have registered all my previous approved and expired h1b petitions into the case status online system. Some of them are as old as year 2002. I frequently get soft LUDs on them. One of my petition was approved it 2002. It expired in 2004. And yet, I still get soft LUD on this petition every 3 month or so. The last one was in the month of June this year.
So I really don't think there is much significance of a soft LUD.
more...
milind70
06-18 10:08 AM
My birth certificate does not have my name on it. (in india it is OK to name the new born a few weeks after birth.) so it just says "baby boy" on it:)
Do i need an affidavit from my parents mentioning my name?
Yes you need affidavits from your parents ,it is a common practise in India where the baby is named by the aunt in a naming ceremony
Do i need an affidavit from my parents mentioning my name?
Yes you need affidavits from your parents ,it is a common practise in India where the baby is named by the aunt in a naming ceremony
Blog Feeds
01-27 06:40 AM
Some good news for visa (http://www.h1b.biz/lawyer-attorney-1137085.html)holders that are about to loose their visa sponsored jobs or already lost the visa job. In a decision issued today by the Board of Immigration Appeals (BIA) in Matter of Neto, which empowers immigration judges who are considering deportation of individuals with approved work-related visa petitions and pending permanent residence applications. The issue at stake is whether an immigration judge has the authority to decide whether the approved visa petition - issued for one job - remains valid when the individual changes jobs. Without a valid visa petition, the individual will not be eligible for permanent residence.
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
more...
GCVivek
03-23 02:48 PM
Travelling via UK is OK as long as you have GC or a valid US Visa stamped in the passport. Even if flights are delayed, staying at the airport is no problem. The problem is not in UK but at the time of boarding in home country. Once you are on the plane....you are fine.
2010 Givin You This Hug |
reddymjm
03-11 05:51 PM
Just woke up??
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praneet
08-19 10:12 PM
Hi there,
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
hair com/tg/i-love-you/quot;gt;I Love
dreamworld
12-13 04:48 PM
Have another question regarding AP, we have filed 485 in jul 07, we got Recept for AP, but no other updated on AP, in case of Emargency can we go to the local office to get AP, is there any Rule that poeple applied AP for the first time will not get the same from local office.
Pd: EB3, Aug 04
I 140 : Jan 07
485: Jul 07
check your AP application here https://egov.uscis.gov/cris/jsps/login.jsp and if is says approved then call your attorney. usually this AP approval goes to attorney if you use attorney during the filling.
if the online status is not yet approved then may be they are waiting for FingerPrinting to be done. Did your FP complete?
Pd: EB3, Aug 04
I 140 : Jan 07
485: Jul 07
check your AP application here https://egov.uscis.gov/cris/jsps/login.jsp and if is says approved then call your attorney. usually this AP approval goes to attorney if you use attorney during the filling.
if the online status is not yet approved then may be they are waiting for FingerPrinting to be done. Did your FP complete?
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Jaime
09-12 01:55 PM
Who do you know?
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cdeneo
04-06 08:38 PM
Bumping this thread up...
I would appreciate if an attorney on this forum could please chime in on this query. Thanks!
I would appreciate if an attorney on this forum could please chime in on this query. Thanks!
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zeusjerry
03-26 01:30 PM
Hello Mates & Buddies,
I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
But at this year end I am also planning to take my Australian Citizenship.
So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?
And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).
Thank in advance !!!
Always,
Nirms
Are you planning to shift the H1 to a different citizenship for retrogression based issues ?? if so, i dont think there would be any advantage as Green Card Quota's are based on "Country of Birth" and not citizenship..
I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
But at this year end I am also planning to take my Australian Citizenship.
So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?
And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).
Thank in advance !!!
Always,
Nirms
Are you planning to shift the H1 to a different citizenship for retrogression based issues ?? if so, i dont think there would be any advantage as Green Card Quota's are based on "Country of Birth" and not citizenship..
tattoo Speaks for you and tells that
tb2904
07-02 12:14 PM
From immigration-law website.
The State Department has released the update. The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following: Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
If visa number is unavailable in the Visa Bulletin, it appears that the USCIS is unable to accept the 485 applications under the USCIS regulation. It is thus likely that all the applications which they received or will receive today may be rejected and returned. The current situation is different from the other worker cases rejection in June in that in that case, the State Department did not officially revised the Visa Bulletin. However, we will have to wait and see the anticipated announcement from the USCIS.
This Visa Bulletin revision also implies that there will be no EB-485 approvals during July, August, and September 2007!!!!! Accordingly all the recent approvals practically ended as of July 1, 2007 and there will be no adjudication of any employment-based I-485 applications. For the reasons, those EB-485 waiters who fail to receive the approval notices within this week will have to endure further hardships and emotional trauma. Now, people understand what Washington did to them. Had they passed the SKIL bill, all of these problems would have disappeared. We still wonder who invented the point system that helped to induce the business community to oppose the CIR and partially killed the bill. History will tell.
The State Department has released the update. The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following: Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
If visa number is unavailable in the Visa Bulletin, it appears that the USCIS is unable to accept the 485 applications under the USCIS regulation. It is thus likely that all the applications which they received or will receive today may be rejected and returned. The current situation is different from the other worker cases rejection in June in that in that case, the State Department did not officially revised the Visa Bulletin. However, we will have to wait and see the anticipated announcement from the USCIS.
This Visa Bulletin revision also implies that there will be no EB-485 approvals during July, August, and September 2007!!!!! Accordingly all the recent approvals practically ended as of July 1, 2007 and there will be no adjudication of any employment-based I-485 applications. For the reasons, those EB-485 waiters who fail to receive the approval notices within this week will have to endure further hardships and emotional trauma. Now, people understand what Washington did to them. Had they passed the SKIL bill, all of these problems would have disappeared. We still wonder who invented the point system that helped to induce the business community to oppose the CIR and partially killed the bill. History will tell.
more...
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wolfpok
11-15 11:27 AM
bump....
dresses I Love You Hug by Friend Hug
martinvisalaw
08-25 03:03 PM
Is there any minimum length of time to be on H4 before applying to H1.
No. Most people are never on H-4 when they apply for H-1B. The only catch is that it might raise a suspicion if a person entered in H-4 status and immediately filed to change to H-1B, say within a couple of days. A difficult CIS officer might consider that this meant that the person entered by misrepresenting their true intention. However, given that there is a cap and the person couldn't start on H-1B until 10/1 anyway, that should be OK.
No. Most people are never on H-4 when they apply for H-1B. The only catch is that it might raise a suspicion if a person entered in H-4 status and immediately filed to change to H-1B, say within a couple of days. A difficult CIS officer might consider that this meant that the person entered by misrepresenting their true intention. However, given that there is a cap and the person couldn't start on H-1B until 10/1 anyway, that should be OK.
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inthehole
07-20 09:08 PM
Folks,
Mine is 2003 EB3 labor, I don�t have copy of the labor. Don�t know the job code and title, planning to switch AC21 and not sure how to get this code as i had already left the old blood sucking desi employer, any suggestions,
Thanks in advance.
:D
Hi Softman,
I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
My question to you is are you able to find an attorney to represent you since you changed the job?..
Mine is 2003 EB3 labor, I don�t have copy of the labor. Don�t know the job code and title, planning to switch AC21 and not sure how to get this code as i had already left the old blood sucking desi employer, any suggestions,
Thanks in advance.
:D
Hi Softman,
I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
My question to you is are you able to find an attorney to represent you since you changed the job?..
girlfriend i love your hugs images,
redgreen
11-03 05:30 PM
You can walk-in and get FP done without any problems. I did it 2 weeks before the specified date (at another location) when I went there to the Boston office to accompany another person. Just showed the FP notice (for a different location) and they didn't ask anything.
hairstyles Hug You, I Love You Hug,
senocular
10-27 08:42 PM
Stop wasting your pixels!
nonlimit
02-10 07:20 PM
Hi,
I would have some questions concerning my case (didn't really find anything related).
- Up until December I was in the States under a F-1 visa.
- During December my H-1B was approved for my job which starts in February.
- I left the States at the end of December and reentered in February 2010 under the H-1B.
- I will start work in February and applied for a Social Security Number yesterday.
Now I'm not sure how to file taxes for 2009.
Due to the sign-up Bonus which I got for my new job I received a W-2 form which has 2009 written on it. 25% of my Bonus was withheld. Since I was a student in 2009 I'm not sure whether that is too much or the normal amount. Any ideas?
Are there any special forms I have to fill out due to this Bonus? Moreover: Is the Software I use for making my taxes independent of my Visa status? Do I have to indicate somehow that I was an F-1 last year and am now an H-1B. I mean I didn't even have a SSN last year.
I'm really lost here :(. Any help is appreciated.
Christian
I would have some questions concerning my case (didn't really find anything related).
- Up until December I was in the States under a F-1 visa.
- During December my H-1B was approved for my job which starts in February.
- I left the States at the end of December and reentered in February 2010 under the H-1B.
- I will start work in February and applied for a Social Security Number yesterday.
Now I'm not sure how to file taxes for 2009.
Due to the sign-up Bonus which I got for my new job I received a W-2 form which has 2009 written on it. 25% of my Bonus was withheld. Since I was a student in 2009 I'm not sure whether that is too much or the normal amount. Any ideas?
Are there any special forms I have to fill out due to this Bonus? Moreover: Is the Software I use for making my taxes independent of my Visa status? Do I have to indicate somehow that I was an F-1 last year and am now an H-1B. I mean I didn't even have a SSN last year.
I'm really lost here :(. Any help is appreciated.
Christian
amslonewolf
09-23 05:07 PM
A nice article on Consumerist website on how to write to the congress ..
http://consumerist.com/consumer/your-government/how-to-write-to-congress-302775.php
http://consumerist.com/consumer/your-government/how-to-write-to-congress-302775.php
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