Blog Feeds
09-08 09:50 AM
AILA Leadership Has Just Posted the Following:
Right now, the DHS is in the middle of its Quadrennial review, where, apparently all areas that DHS works on are subject to public comment and discussion. If you go to this page (http://www.homelandsecuritydialogue.org/dialogue2/ideas) you can comment directly on a variety of DHS, including immigration issues. We understand that these comments are given directly to those in the highest levels of office at DHS.
Very few folks have been aware of this opportunity. Probably most important is the way this administration has phrased the debate: "Smart and Tough Enforcement of Immigration Laws - Ideas." (http://www.homelandsecuritydialogue.org/dialogue2/immigration) I invite all AILA members to be part of this public debate. Click on the above links, make your comment and demand real immigration reform, not twisted and ill-directed "enforcement" whose only purpose is to convince congressman who will still never vote for positive immigration reform to actually do so.https://blogger.googleusercontent.com/tracker/186823568153827945-8252864317741860630?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/have-you-given-your-input-to-dhs-yet.html)
Right now, the DHS is in the middle of its Quadrennial review, where, apparently all areas that DHS works on are subject to public comment and discussion. If you go to this page (http://www.homelandsecuritydialogue.org/dialogue2/ideas) you can comment directly on a variety of DHS, including immigration issues. We understand that these comments are given directly to those in the highest levels of office at DHS.
Very few folks have been aware of this opportunity. Probably most important is the way this administration has phrased the debate: "Smart and Tough Enforcement of Immigration Laws - Ideas." (http://www.homelandsecuritydialogue.org/dialogue2/immigration) I invite all AILA members to be part of this public debate. Click on the above links, make your comment and demand real immigration reform, not twisted and ill-directed "enforcement" whose only purpose is to convince congressman who will still never vote for positive immigration reform to actually do so.https://blogger.googleusercontent.com/tracker/186823568153827945-8252864317741860630?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/have-you-given-your-input-to-dhs-yet.html)
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andy garcia
08-04 11:23 AM
Hi All,
My LC was approved recently(PD June 2004). The location/office for which my LC was initially filed was closed recently.
My company(which has offices all over states) has another locations/Offices in the same metropolitan area.The company attorney is saying that they can use my approved LC to file my I-140(and I-485 concurrently) for another location in the same area as long as it is within commuting distance of the original location.
Was wondering if anyone knows about this?
Thanks
The wages for Labor Certifications are determined by MSA(Metropolitan Statistical Area), so as long as the new location is in the same MSA, there should be no problem.
My LC was approved recently(PD June 2004). The location/office for which my LC was initially filed was closed recently.
My company(which has offices all over states) has another locations/Offices in the same metropolitan area.The company attorney is saying that they can use my approved LC to file my I-140(and I-485 concurrently) for another location in the same area as long as it is within commuting distance of the original location.
Was wondering if anyone knows about this?
Thanks
The wages for Labor Certifications are determined by MSA(Metropolitan Statistical Area), so as long as the new location is in the same MSA, there should be no problem.
gcseeker2002
06-25 12:16 PM
If you sign today, put todays date
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mannishk
07-27 08:19 PM
Hello Gurus,
I am on a big confusion and dilemma, need your assistance and guidance. Here is my situation.
I am on H1B and recently terminated (July 21st), I am given 2 weeks of reverberation which ends on 4th Aug, and my last pay stub (from 1st -4th aug) comes on Aug 15th.
Now as the market is really bad, I am unable to find anyone to sponsor my H1 transfer. My wife is on F1 and I am willing to change my status from H1 to F2. Now my concerns are:
a) Is my H1B status still valid (after termination) and can I apply for change of Status to F2 now? I have read somewhere, I can apply for change of status to F2 only if I am currently on a valid status.
b) After applying for F2, before my approval of 'Change of status' if I get a job, do i need to apply another change of status application 'F2- H1B'?
c) In case i get a job after 3 months, transfer my status from F2 to H1, will i require pay stubs as one of the documents? But at this point i will not have any pay stubs as I was not working? How will the transfer go? Will there be an issue?
Please let me what are my best options right now...I appreciate all your help...
thanks you!
I am on a big confusion and dilemma, need your assistance and guidance. Here is my situation.
I am on H1B and recently terminated (July 21st), I am given 2 weeks of reverberation which ends on 4th Aug, and my last pay stub (from 1st -4th aug) comes on Aug 15th.
Now as the market is really bad, I am unable to find anyone to sponsor my H1 transfer. My wife is on F1 and I am willing to change my status from H1 to F2. Now my concerns are:
a) Is my H1B status still valid (after termination) and can I apply for change of Status to F2 now? I have read somewhere, I can apply for change of status to F2 only if I am currently on a valid status.
b) After applying for F2, before my approval of 'Change of status' if I get a job, do i need to apply another change of status application 'F2- H1B'?
c) In case i get a job after 3 months, transfer my status from F2 to H1, will i require pay stubs as one of the documents? But at this point i will not have any pay stubs as I was not working? How will the transfer go? Will there be an issue?
Please let me what are my best options right now...I appreciate all your help...
thanks you!
more...
hsadan
05-22 06:32 PM
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arc
06-13 02:56 PM
June 30 or June 8???
I thought it was june 8...
I thought it was june 8...
more...
theshiningsun
07-31 04:11 AM
hi attorneys,
which visa can someone apply for it s/he intends to work as a caterer?
is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?
thx in advance,
which visa can someone apply for it s/he intends to work as a caterer?
is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?
thx in advance,
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happydude9
01-24 12:10 PM
Hi glus,
Thanks for the reply can you or someone clarigy this,
What if the validity date of H1 is before the validity date of F1. In other words if the validity date of H1 is 10/1/2009 to 9/30/2012 and the validity date of F1 is 12/15/2009 to D/s but the approval date of F1 is on 7th Jan 2010 and the approval date of H1 is on 14th jan 2010.
Thanks
Thanks for the reply can you or someone clarigy this,
What if the validity date of H1 is before the validity date of F1. In other words if the validity date of H1 is 10/1/2009 to 9/30/2012 and the validity date of F1 is 12/15/2009 to D/s but the approval date of F1 is on 7th Jan 2010 and the approval date of H1 is on 14th jan 2010.
Thanks
more...
richana
08-05 04:48 PM
You need to find out what type of visa etc etc I don't think she is giving you all the details. You can appeal on anything unless you have broken the law.
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sanjeev_2004
06-16 12:49 AM
In the 485 check list sent by my employer one of the item is :
"Affidavit of support duly notarized (Form I-864) if you are applying for your family"
I am applying for my self and my wife and for my daugher. I will send my all paper to my employer and he will sent to attorney.
Do i have to fill form I-864 or attorney will fill form. if i need to fill then where i can find this form and how i can notarize it.
Please help.
Thanks.
"Affidavit of support duly notarized (Form I-864) if you are applying for your family"
I am applying for my self and my wife and for my daugher. I will send my all paper to my employer and he will sent to attorney.
Do i have to fill form I-864 or attorney will fill form. if i need to fill then where i can find this form and how i can notarize it.
Please help.
Thanks.
more...
piyu7444
04-05 02:16 AM
IF labor approves, do labor dept informs employer only or they also inform candidate?
is it up to employer only to inform the candidate?
thanks.
DOL wont inform the candidate.
It is totally the companies call to let you know or keep you in dark about approval/denial.
is it up to employer only to inform the candidate?
thanks.
DOL wont inform the candidate.
It is totally the companies call to let you know or keep you in dark about approval/denial.
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gc_on_demand
07-15 02:31 PM
How much medical cost in NJ without insurance. I want to do it for my family members and looking for doctor. Please share some exp.
thanks in advance
thanks in advance
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cmphr
05-20 01:06 PM
Man,
I am in a similar situation where Company B just filed for my extension based on approved I-140 from Company A. I have a 3 year extension thru Company A based on an approved I-140 petition from them. I hope my employer will not withdraw my I-140. FYI, I have not filed my I-485.
Now, what is the way out of your situation here? Can someone reply?
I am in a similar situation where Company B just filed for my extension based on approved I-140 from Company A. I have a 3 year extension thru Company A based on an approved I-140 petition from them. I hope my employer will not withdraw my I-140. FYI, I have not filed my I-485.
Now, what is the way out of your situation here? Can someone reply?
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arrarrgee
07-18 09:18 AM
Can somebody file 140/485 if labor is approved today July 18th based on the new directive? How about future Labor approvals, say August 5th? Could somebody plz throw some light on this?
more...
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Blog Feeds
06-13 05:40 PM
Last week I attended the Annual Immigration Lawyers conference in Las Vegas. During the conference, government officials spent some time to update the attendees of the most recent information and upcoming changes.
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
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satyasaich
03-22 09:12 AM
Can you please send a PM to satyasaich@gmail.com
Thanks
IVC needs a member to speak with a reporter. This is for a highly recognized publication in the U.S., but the member must meet the following requirements:
1) The individual must be EB1 or O category; and
2) The individual must have correspondence from the US government documenting the absurd red tape (a letter explaining the delays in their green card, etc).
Please contact us as soon as possible if you meet these requirements � or know someone else who is - and are willing to speak with the reporter. It would greatly advance IV�s cause to be included in such an article, so please help us.
Thanks
IVC needs a member to speak with a reporter. This is for a highly recognized publication in the U.S., but the member must meet the following requirements:
1) The individual must be EB1 or O category; and
2) The individual must have correspondence from the US government documenting the absurd red tape (a letter explaining the delays in their green card, etc).
Please contact us as soon as possible if you meet these requirements � or know someone else who is - and are willing to speak with the reporter. It would greatly advance IV�s cause to be included in such an article, so please help us.
more...
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06-21 03:27 PM
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KanishkaSharma
12-26 08:44 PM
I got my H1B Petition approved and have been working on OPT status since August. I made a Visa appoitment for tommorow and while taking the appointment I chose the Visa Renewal category instead of a new H1B visa.
My interview is tommorow and I am not able to change or cancel the date as in Delhi it needs to be done 2 working days before.
I want to know if anyone has gone though a similar experience and what should I do?
Looking forward to your replies!
Thanks!
Kanishk
My interview is tommorow and I am not able to change or cancel the date as in Delhi it needs to be done 2 working days before.
I want to know if anyone has gone though a similar experience and what should I do?
Looking forward to your replies!
Thanks!
Kanishk
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va_dude
02-09 02:36 PM
well if there's a way for you to get your approved labor certification doc, or even the copy of the filed labor application; then definitely get it.
The labor app has the exact job description too. So if you do use portability (ac-21) it'll help to match it with the job specs of the new position.
good luck.
The labor app has the exact job description too. So if you do use portability (ac-21) it'll help to match it with the job specs of the new position.
good luck.
pmat
06-06 09:51 AM
There is a change of status form available on USCIS website. It is called I-539:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D
Go through the instructions of this form. I followed the instructions in this form and sent every document they asked for. My wife also changed her status from F1 to H4. After you send everything, you will get a receipt in 2-3 weeks and approval notice will take ~3 months.
All the best.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D
Go through the instructions of this form. I followed the instructions in this form and sent every document they asked for. My wife also changed her status from F1 to H4. After you send everything, you will get a receipt in 2-3 weeks and approval notice will take ~3 months.
All the best.
parth1970
08-10 05:12 PM
Thanks girishvar
So ones I have new passport should I have to send copy to Consulate or NVC?
So ones I have new passport should I have to send copy to Consulate or NVC?
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