rohitfromindia
06-05 08:18 AM
Hi, I applied for my green card (NY state) and have my priority date as 09/25/2003. I see the status as Pending on the backlog elimination center website. I have still not received any updates from them. My lawyers said they are still waiting to hear back from the BEC. Have they started processing Sep 2003 applications at this point?
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emailrob
10-27 03:48 PM
Well they could hurry up and approve my eb1-c that's been pending for 8 months despite them saying 4 is their target! I can't see how they can say not enough applications when they are way off their targets for poor souls like me. I've put in an SR so we'll see what happens
Blog Feeds
11-01 09:10 AM
According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
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1human1
03-04 07:58 PM
any suggestions/answers pls? thanks
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sangmami
04-19 05:31 PM
I am changing jobs from ohio to another state ,job title and description are same..but the pay mght be 20%less....
Is this gonna be a problem or is it ok if the new pay is more than the prevailing wage for that state..for the same job description.
My details..
7th yr of h1b
pd 2007 mar
i 485 filed---during july 2007
will use ac21 for the future job?
Thanks..
Is this gonna be a problem or is it ok if the new pay is more than the prevailing wage for that state..for the same job description.
My details..
7th yr of h1b
pd 2007 mar
i 485 filed---during july 2007
will use ac21 for the future job?
Thanks..
Chintu2009
02-09 01:36 PM
I am on l2 since my husband is on L1. I work full time for a US employer with an EAD. Now, what would happen to my status if my husband quits his job?
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sledge_hammer
07-01 07:52 AM
Please take this poll.
I have a request for people who want to shoot me for posting another poll - If you're gonna shoot, shoot! Don't talk! :)
I have a request for people who want to shoot me for posting another poll - If you're gonna shoot, shoot! Don't talk! :)
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sohilbt
09-03 03:47 PM
Yes. I did contacted both Kerry and Brown's office last month (July end) for my EAD renewal application.
Both office staff were very receptive. Brown office has more than one person working on immigration matter....and I believe they were first to act on my case. I got EAD approval 4 days later.
Both office staff were very receptive. Brown office has more than one person working on immigration matter....and I believe they were first to act on my case. I got EAD approval 4 days later.
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pappu
07-02 12:08 PM
Thanks
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Blog Feeds
11-08 03:30 PM
Delaware Immigration Lawyer Blog Has Just Posted the Following:
Foreign physicians who received medical training in J-1 program must either return to their country or obtain a waiver before they can apply for an immigration visa, or change to almost any other nonimmigrant status. A J-1 waiver can be granted when the physician commits to practice medicine in an underserved area of the United States for at least three years. An area that is designated as Health Professional Shortage Area, Medically Underserved Area/Population or a VA facility normally qualify such requirement.
J-1 waiver applicants first submit their application (DS-3035) to DOS (Department of State) processing center. Subsequently, the applicants and the sponsoring employer must submit all information to IGA (Interested Government Agency) which will review the application and then forward the recommendation to DOS Waiver Review Division (WRD). After WRD issued its own recommendation, the case will be forwarded to USCIS for final decision.
J-1 waiver once granted, the physician will work in H-1b status. Therefore, J-1 waiver applicants must also qualify for H-1b requirements. As soon as WRD issued its recommendation, H-1b application can be submitted so that it can be adjudicated with the J-1 waiver application.
IGA can be a state department of health or any other federal agency, including Department of Veterans Affairs, the Appalachian Regional Commission, Delta Regional Authority and US Department of Health and Human Services.
Please also see State of Delaware website for more information: http://dhss.delaware.gov/dhss/dph/hsm/j1visahome.htmlhttps://blogger.googleusercontent.com/tracker/1142140030762969806-7761603453596008712?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/j-1-waivers-for-foreign-physician.html)
Foreign physicians who received medical training in J-1 program must either return to their country or obtain a waiver before they can apply for an immigration visa, or change to almost any other nonimmigrant status. A J-1 waiver can be granted when the physician commits to practice medicine in an underserved area of the United States for at least three years. An area that is designated as Health Professional Shortage Area, Medically Underserved Area/Population or a VA facility normally qualify such requirement.
J-1 waiver applicants first submit their application (DS-3035) to DOS (Department of State) processing center. Subsequently, the applicants and the sponsoring employer must submit all information to IGA (Interested Government Agency) which will review the application and then forward the recommendation to DOS Waiver Review Division (WRD). After WRD issued its own recommendation, the case will be forwarded to USCIS for final decision.
J-1 waiver once granted, the physician will work in H-1b status. Therefore, J-1 waiver applicants must also qualify for H-1b requirements. As soon as WRD issued its recommendation, H-1b application can be submitted so that it can be adjudicated with the J-1 waiver application.
IGA can be a state department of health or any other federal agency, including Department of Veterans Affairs, the Appalachian Regional Commission, Delta Regional Authority and US Department of Health and Human Services.
Please also see State of Delaware website for more information: http://dhss.delaware.gov/dhss/dph/hsm/j1visahome.htmlhttps://blogger.googleusercontent.com/tracker/1142140030762969806-7761603453596008712?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/j-1-waivers-for-foreign-physician.html)
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chapper
07-18 08:38 AM
I agree with Clockwork - PD is your labor filing date and not approval date. Good Luck.
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Blog Feeds
07-07 08:10 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
The justice Department's suit to block the restrictive law in Arizona is heralded by everyone as an "immigration issue." Both Wall Street Journal and New York Times have huge headings under "Immigration Law." But the question is not about immigration law. It is about the fundamental human right to not be judged by the color of our skin.
The proponents of the bill, like Arizona state Sen. Russell Pearce say that the bill "prohibits racial profiling." But I wonder if every individual is stopped and asked for their passports. The will cripple business in the State. Will everyone, ie white, black, brown, yellow, and whatever other color or look need to take their passports, birth certificates, etc to Arizona?
I naturalized into this country and is in the highest tax bracket. I work and pay taxes. Yet I am brown and have an accent. As a practitioner of immigration law, I know say for instance white Canadian who are here, in the US, working illegally, but are white and except for a slight "oot and aboot" has no other accent. Who will the Arizona police "catch"?
The lawsuit is also about separate state and federal rights. The Conservative Supreme Court will champion State rights, but it will remain to be seen whether they champion Separation of Powers. My guess is that their judgment will be clouded by the more emotional issue of immigration.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-8318558763551200610?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/arizona-and-justice-department-on.html)
The justice Department's suit to block the restrictive law in Arizona is heralded by everyone as an "immigration issue." Both Wall Street Journal and New York Times have huge headings under "Immigration Law." But the question is not about immigration law. It is about the fundamental human right to not be judged by the color of our skin.
The proponents of the bill, like Arizona state Sen. Russell Pearce say that the bill "prohibits racial profiling." But I wonder if every individual is stopped and asked for their passports. The will cripple business in the State. Will everyone, ie white, black, brown, yellow, and whatever other color or look need to take their passports, birth certificates, etc to Arizona?
I naturalized into this country and is in the highest tax bracket. I work and pay taxes. Yet I am brown and have an accent. As a practitioner of immigration law, I know say for instance white Canadian who are here, in the US, working illegally, but are white and except for a slight "oot and aboot" has no other accent. Who will the Arizona police "catch"?
The lawsuit is also about separate state and federal rights. The Conservative Supreme Court will champion State rights, but it will remain to be seen whether they champion Separation of Powers. My guess is that their judgment will be clouded by the more emotional issue of immigration.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-8318558763551200610?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/arizona-and-justice-department-on.html)
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06-18 09:27 PM
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03-28 07:22 AM
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chanduv23
03-01 07:13 AM
Hi,
My attorney filed for H1B extension.
Unfortunately, by mistake LCA stating dates from 07/31/2007 to 07/30/2010.
but I am only qualify upto 06/30/2010 as per 6 year H1B limit.
Atty, told me that 1-129 going to file upto 06/30/2010.
Is it o.k.
I will appreciate your input!
Thank you
You can file an amendment. Mistakes is so common at USCIS.
If you dont want to, I think you can recapture your unused time on h1b and get h1b for extended period based on time not in the US. Check with attorney and see if you can get h1b extension for all the time you were not in US.
My attorney filed for H1B extension.
Unfortunately, by mistake LCA stating dates from 07/31/2007 to 07/30/2010.
but I am only qualify upto 06/30/2010 as per 6 year H1B limit.
Atty, told me that 1-129 going to file upto 06/30/2010.
Is it o.k.
I will appreciate your input!
Thank you
You can file an amendment. Mistakes is so common at USCIS.
If you dont want to, I think you can recapture your unused time on h1b and get h1b for extended period based on time not in the US. Check with attorney and see if you can get h1b extension for all the time you were not in US.
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hibworker
03-18 01:05 AM
My H1 Extension approved from Sept'2010 - Dec 2012. LCA shows same dates and the salary shown is $5500 PM ($66000 P.A)
However recently, i noticed that i am receiving $5373(instead of $5500) per month since Sept'2010 till date.
I informed to my employer and he is willing to increase the pay from March.
Is it possible to correct it from March payroll.
Please advise.
Regards,
Sunshine
The employer should correct it from March and pay the 6 months difference as bonus. At end of year your salary should be at least equal to LCA.
However recently, i noticed that i am receiving $5373(instead of $5500) per month since Sept'2010 till date.
I informed to my employer and he is willing to increase the pay from March.
Is it possible to correct it from March payroll.
Please advise.
Regards,
Sunshine
The employer should correct it from March and pay the 6 months difference as bonus. At end of year your salary should be at least equal to LCA.
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sayonara
08-23 11:12 AM
I am dependent on our GC application. We had provided initial Finger prints in July 2007. I got an FP notice in 2009 and have just received another FP notice for next week. Meanwhile, the primary applicant on our application has not recd any biometrics appt since the 07 initial set.
Is there anything to be concerned about?
TIA
Is there anything to be concerned about?
TIA
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InTheMoment
12-07 11:42 PM
Sit back and enjoy man...
When you give your FP had nothing to do with the date your NC is initiated (done a couple of weeks after ND)
I am not sure what is the process after fingerprinting. Can someone please clarify?
I believe NameCheck must have been initiated. As far as processing 485 is concerned, does the PD have to be current?
I am trying to figure out what is the tentative schedule for the "magical" GC to appear in my mailbox :) ?
I would appreciate any pointers / links
When you give your FP had nothing to do with the date your NC is initiated (done a couple of weeks after ND)
I am not sure what is the process after fingerprinting. Can someone please clarify?
I believe NameCheck must have been initiated. As far as processing 485 is concerned, does the PD have to be current?
I am trying to figure out what is the tentative schedule for the "magical" GC to appear in my mailbox :) ?
I would appreciate any pointers / links
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mojo123
10-26 01:49 PM
any update ??
maniyarasan.selvaraj@gmai
08-04 08:50 PM
Hi,
I went to US on B1 and came back to india last week, I would like to apply H1 in the current year. Is there any cooling period to apply H1B once come back from US on B1 or Can I start the H1B process immediately.
Thanks in Advance.
- Mani
I went to US on B1 and came back to india last week, I would like to apply H1 in the current year. Is there any cooling period to apply H1B once come back from US on B1 or Can I start the H1B process immediately.
Thanks in Advance.
- Mani
ashwaghoshk
04-14 09:44 AM
yes, they are right. if you try to file GC now then they will calculate your stay period and ask you to leave the country immediately (they wont even wait for july 2011). I think it makes sense to go out of country asap for one full year, come back with new H1 and then start the GC process. Alternatively if ur spouse is working and is on valid status then convert to H4. you can start ur GC process on H4 too. Once labor is approved activate your H1 and file for 7th-8th year extension.
im not a lawyer but my experience with immigration gives me the knowledge to suggest you the above. in such critical time its always worth to contact an immigration lawyer and seek advice.
im not a lawyer but my experience with immigration gives me the knowledge to suggest you the above. in such critical time its always worth to contact an immigration lawyer and seek advice.
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