Monday, June 27, 2011

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  • raj_ky
    08-06 09:48 AM
    In the application filed, I received a query stating "Labor Condition Application is marked to indicate you are an exempt HIB dependent for the beneficiary based on the existence of masters degree from the United States. Please confirm your claim that you are an expemt for this beneficiary. If no United States masters degree exists for this beneficiary, the LCA is not valid and may require a withdrawal of the current petition and filing of a new petition with a new LCA that adhers to Labor Department's requirement for H1B dependents".

    My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.

    Can I file another petition if this petition is rejected?




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  • someoneincalif
    05-21 01:34 AM
    Folks, here are some lobbying and action items that will be very useful.

    1) Try reaching out to your American friends/managers/colleagues and ask them to call Senators.

    2) Universities are missing in action here. They are major beneficiaries of high-skilled immigration, because graduate school is typical first step. They must be concerned with not only the fact that special categories for researchers/professors is gone but also that lot fewer students from India and China will labor in their labs. COUNCIL OF GRADUATE EDUCATION is a good place to start.

    3) Someone please write and op-ed piece of NY Times. They are pretty sympathetic to these kind of issues. A major criteria for publication in the op-ed section is that the topic should be current. The plight of legal immigrants can't get more current that this. Any op-ed piece will get major exposure to our plight. Here is a link on how to contribute to NYT op-ed: http://www.nytimes.com/ref/membercenter/help/opedsubmit.html
    The op-ed should not be complaining in tone, but rather show the value of having a proper high-skilled immigration reform for the American economy.

    4) Where are those powerful desis we see on rediff? There are many desi executives, board members. They regularly dole out money to campaigns. If they can't put a word for us now, when will they do? After all most of them went through this process.

    These are only some ideas on how we can cause at least some ripples. Please contribute more and put some in to action.




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  • shankarsivam
    04-13 05:53 PM
    Hello Attorneys / Experts,

    Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :

    Jan'09 : My Employer submitted 7th year H1B extension - Vacation Recapture + Extension based on pending I-140

    Feb'09 : RFE was issued asking information related to Company

    Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport

    Mar'09 : RFE responded with the requested information

    Apr 10, 2009 : USCIS Denied H1B Extension petition.

    I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.

    Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?

    Appreciate your inputs in this area.




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  • sury
    02-08 08:36 AM
    can anyone please reply



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  • sw33t
    07-28 10:32 AM
    Join the texas state chapter at

    http://groups.yahoo.com/group/texasiv




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  • snathan
    04-19 07:11 PM
    Hi,
    I got an email from a reporter at the Seattle Business Magazine who is writing an article on the lack of Immigration reform in the United States and how that is adversely affecting innovation and job creation.

    The magazine in question is definitely not a major publication, however I think its important to highlight our case wherever possible.

    Is there a 'Media Kit' on the lines of "meet your lawmaker kit' ? I looked at the "contact media" link on the home page but could not find anything.

    I would be grateful if someone can point me to the relevant material, or if someone is willing to share their experience in talking to the media.

    Thanks

    Please contact Star Sun



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  • Blog Feeds
    06-08 06:20 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Secretary Janet Napolitano of the Department of Homeland Security (DHS) announced (http://www.aila.org/content/default.aspx?docid=32175) on June 3, 2010 that the U.S. and France have established an arrangement to implement the Immigration Advisory Program (IAP), which allows for the identification of high-risk travelers at foreign airports before they board aircraft bound for the U.S. This arrangement has been launched at Paris� Charles De Gaulle International Airport. A similar arrangement was entered into on July 1, 2009, implementing IAP at Madrid Barajas International Airport.

    The purpose of the IAP is to allow specialized U.S. Customs and Border Protection (CBP) personnel posted in foreign airports to utilize current targeting and passenger analysis information and/or an assessment of passengers� documentation to identify high-risk persons bound for the U.S. and to make �no board� recommendations to carriers and host governments.

    Secretary Napolitano believes that the IAP arrangements will enhance the capabilities of both the U.S. and foreign countries in which we have collaborated with to protect our immigration systems as well as the global aviation network from abuse by terrorists and transnational criminals.

    DHS currently has IAP arrangements with seven (7) countries and operates at nine (9) locations.

    For more information, please visit www.dhs.gov (http://www.dhs.gov/index.shtm)





    More... (http://www.h1bvisalawyerblog.com/2010/06/dhs_news_release_us_and_france.html)




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  • sreenuk
    10-07 09:52 PM
    I have applied for my extension of H1B at Vermont Center. my first three years on H1b expired on Sep 8th. The application was filed on July 20th and it is normal processing. I have my H1b and H4 receipts with me, but its not yet approved. I am planning to take B1 visa appointment for my mother. Shall i send my mother to B1 stamping with H1B receipt.

    Does Chennai consulate will accept H1b receipt for Visitor Visa or Shall we wait for H1b Approval? thanks in Advance....

    thanks,
    Sreenuk



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  • Steve Mitchell
    December 3rd, 2003, 08:46 AM
    Nikon today announced the new D70 digital SLR camera. The D70 at $999.00 is Nikon's answer to Canon's 300D. Read the press release here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=72&mode=thread&order=0&thold=0):




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  • India_USA
    12-16 09:10 AM
    ask your question in the conference call tonight with the attorney - link is available in the homepage



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  • bugsbunny
    05-01 04:15 PM
    Guys:

    Is there any specific PERM requirement as to how many days does the job posting need to be posted on a job search website like monster.com?

    For some reason, I thought that it was required for the job to be posted for at least 30 days but I can't find out the source.

    there are several steps...not just posting on monster for 30 days
    Please go through Department of Labor guidelines

    Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm)




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  • user_5
    01-22 04:14 PM
    do you know if your friend was asked why he has joined late on H1 ? and what did he reply ?

    Thanks for your reply, i appreciate your help.



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  • ZeroComplexity
    11-25 06:25 PM
    Looks like you have too many people checking status at your company :)

    Remember USCIS server sees the IP address of the proxy...

    I can understand if someone is calling too many times. Looks like the USCIS computers are also feeling fed up. :p

    Check the message I got when I was trying to see the details of my case online

    "It was reported to us that your IP address or internet gateway has been locked out for a select period of time. This is due to an unusually high rate of use. In order to avoid this issue, please create a Customer account (single applicant) or a Representative account (representing many individuals)."

    I am logging in after many days and I was checking it for the first time today




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  • babu123
    04-27 03:04 PM
    Company B applied H1B tranfer petition for me two weeks back. Our documents went to USCIS, and we didnt received receipt notice yet. To my surprise the filing fee check is also not yet encashed.

    Can anyone of you please let me know, if I can start working with company B now or wait until we get the receipt notice. What is the USCIS guidelines with the start date during H1B transfer.



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  • idd
    09-18 09:10 PM
    poor guy... =\




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  • kshitijnt
    05-04 08:24 PM
    Is there any way H1B can qualify as a EB1C?



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  • survu
    03-14 10:52 AM
    I am planning to use AC21 by joining a company on this March month end , I asked new company to process H1, and its in progress.
    In APRIL Visa Billiton my PD is current, as I have PD of JUNE 2001( EB2), my RD - JUNE 29, 2007 .at this stage if I change company what is the impact on my GC approval. Should I wait for some more time to join the new company?
    Your advices are appreciated




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  • 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...?




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  • martinvisalaw
    09-27 06:32 PM
    So what if DOL doesn't respond before the H1 expires..Can the Employer file for H1 Extension without an approved LCA ??

    Not recommended - CIS will reject a H-1B without a certified LCA.
    [/quote] And if the LCA is denied because the DOL doesn't recognize the FEIN what options have we got..Can the employer reapply for LCA or just submit the Info and wait for info from DOL ??[/QUOTE]

    The employer needs to submit proof of the EIN to DOL, wait for DOL to confirm, then file a new LCA. DOL will tell the employer what EIN evidence it needs to present.




    Greatdesi
    02-25 05:23 AM
    My GC was started by a company A with priority date of June 2004 in EB3. 140 was approved and filed 485 in July 2007 when all gates opened. In parallel, a friend of mine started my GC processing under EB2. That has a priority date of March'2005. Current date for EB2 is Feb.2005.
    I got an offer from a different company (company B), which I would like to take if I have no issues with GC etc. I am thinking what should be my plan of action. I have the following options:
    1. Join company B on contract to hire on EAD that I got from company A as an employee of my friend's company. Apply 485 when EB2 becomes current for March 2005. Hopefully I will get my GC in an year and I join company B.
    2. Join company B on EAD (or H1) and ask them to re-start my GC process under EB2. Issue with this is it may take a long time for my GC as PERM is taking longer nowaways.
    3. Continue with my present employer and get my GC in 2020!..

    Request your advice on the best course of action for me. Appreciate your help.




    fhb0980
    02-21 05:22 AM
    I'm hoping someone can provide some good advice...

    My grandmother renewed her green card application January last year, got fingerprinted and was told she was all set. While she was out of the country in June, she received notice that her prints had to be retaken and her appointment was in 10 days.

    Being 90 and not in the best of health, she did not go back to the US with such short notice. She tried to call the UCSIS hotline to reschedule and was told she could not and that she had to go into the local office to do so (though the whole point was she in Asia).

    I was only told this recently by my parents and tried to find some solutions for her as the main reason she came to the US in the first place was to help raise me.

    Looking over her denial notice, it appears she could reopen the case with supporting evidence. But am wondering what I need to provide and if there's anything I can do?

    Any suggestions?

    Also, it looks like if you are 75 years old or more you do not need fingerprints but is this only for the naturalization process or does it also apply to the PR process?

    Any advice would be great!



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