Saturday, July 2, 2011

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  • san_visa
    06-07 12:09 PM
    I just received the I-140 Receipt Notice and noticed that the section I am filed is not correct Sec.203(b)(1)(c) i.e multi-national Executive or Manger

    where as I should have been filed for sec.203(b)(3)(A)(i) or (ii) Skilled Worker or Professionsal

    I am going through Substitution process and the Previous I-140 was approved for sec.203(b)(3)(A)(i) or (ii) Skilled Worker or Professional

    Now my question is what is the procedure to rectify this ? Also will I hold on to the processing dates {NOT Priority date} (say May 25th) for I-140 or should the lawyer file new appliaction which will push my I-140 petition dates to June?

    Thanks,
    San




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  • h1-b forever
    04-16 11:17 AM
    I am on H1-B, i-485 is not filed yet, and i may have to take a job in different state, will i have to file change of address form? are there any other forms. thanks in advance




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  • h1bjava
    03-15 08:30 PM
    I am applying for my H1B extension in apr 2009 for the start date of oct 1st 2009. I have been with the same client for the last 3 years. Following are my concerns:

    My client doesn't give any reference letters as per their HR policy. But we have all contract docs/purchase orders from the client since oct 2006. The client extends the project only every 6 months and this has been happening since 3 years. But if USCIS asks a letter/contract which covers the entire contract period for which the H1B extension is requested, what are my options? Please let me know.




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  • nmedhora
    04-10 12:48 PM
    I left the U.S on October 30 2009. My L.C. [Perm] had been filed on July 30 2009 and was recently approved.
    My 6 year H1B expired on Feb 2 2010, with approximately 160 days available for recapture.
    My company needs me to return to the US urgently and is wanting me to apply for a Business Visa.
    Subsequently when I am in the U.S, they intend to file for I140 and then 7th year H1B extension plus recapture
    time based on pending I140
    Is this feasible? -- What impact would it have on my green card application process?



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  • jchan
    06-02 04:33 PM
    I am on 7th year of H1B with approved 140. 485 not filed yet.

    My company is starting layoff and I am afraid I will be hit. If I switch to H4 after being laid off and found a new employer in future, is that possible to switch back to H1B without having to leave the country for a full year?

    My current H1B was a three year extension based on approved 140, but I don't know if I will lose the benefit of AC21 and cannot change back to H1B once I switch to H4 since my 6 years have been used up already.

    thanks in advance.




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  • looivy
    08-11 08:41 PM
    Hi Attorney,

    Can you please let me know the answers to the following general questions.

    For an individual, let’s say an I-485 was pending since July 2007 (I-140 approved) with current employer A and she moves to an employer B on a similar job on a H1-B transfer invoking the AC21 portability.

    1) After the move, if the I-485 gets denied, can the person still retain the priority date of the underlying approved I-140 in any new application if she files with the same or a new employer.

    2) After the move, if the I-485 gets denied and the person loses her job with the employer B, can she take a job with employer C by transferring the remaining time on her H1-B visa.

    Thanks in advance.



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  • logiclife
    06-05 04:11 PM
    CPA is not something thats awarded as a graduate degree by an accredited university. So probably no.

    But make sure you are not shutting your option by talking to an immigration lawyer and finding out for sure if you are qualified.




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  • cvt123
    06-28 08:22 PM
    My manager got an email from USCIS saying my I140 is approved and they will mail the approval notice. Online case status show that approval notice emailed. But we haven't received any emails about the approval notice. Do USCIS sent paper approval notices??

    pl. reply.

    CVT



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  • go_gussy
    04-13 08:29 PM
    We have filed an I-130 for our dependant child of my husband who is currently an alien resident. We are trying to figure out how to get a work authorization form started for our son as well as he is old enough to work. We can not figure out how to answer his eligibility catagory. Can anyone assist us??




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  • desigirl
    04-23 11:41 AM
    I sent my I-140 on Apr 16, premium processing. How long does the premium processing take? I have to leave for India in a weeks time, and wanted to know if I would receive it in time.



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  • Blog Feeds
    04-29 02:10 PM
    http://2.bp.blogspot.com/_HrmmM9Zhq1c/S9X9SVMBgYI/AAAAAAAAAgs/JFZ4rbXEDCY/s200/abacus.jpg (http://2.bp.blogspot.com/_HrmmM9Zhq1c/S9X9SVMBgYI/AAAAAAAAAgs/JFZ4rbXEDCY/s1600/abacus.jpg)
    As of April 22, 2010, USCIS had received just over 16,000 cases against the regular H-1B cap and 6,739 cases against the Master's degree cap.


    USCIS provides regular updates on the processing of FY2011 H-1B petitions. The updates can be found on the USCIS� website here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD).
    https://blogger.googleusercontent.com/tracker/2893395975825897727-4013860618767567056?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2010/04/2011-h-1b-cap-count-updated.html)




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  • srarao
    06-09 06:52 AM
    Can somebody suggest me. Please



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  • ashkrish
    06-13 09:37 AM
    Hello all, my Labor Cert was filed in late 2004 under the RIR regime. Was later "re-filed" under PERM in Oct. 2005. I am an EB-2 candidate (Indian citizen).
    The DOL denied the application for Labor Certification filed under PERM recommending that the requirements for the position offered include the phrase " any suitable combination of education, training and experience is acceptable" The denial offers both the option of filing a motion to reconsider and refiling the application with the amended requirements. The law firm hired by my employer has filed a "motion to reconsider". In addition they are in the process of re-filing the application with the amended requirements. My question is-how quickly (from your experience) does the DOL take to respond to the motion to reconsider (my lawyers referenced a memo sent out earlier this year from the DOL in which a 3-4 month timeframe was mentioned).
    Thanks




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  • zephyrr
    07-18 11:29 PM
    According to a FAQ on Murthy.com about the Yates memo, it is possible to switch jobs (using AC21) if 140 and 485 have both have been pending 180 days. Murthy doesn't advise this under normal circustances because if an RFE is received on the 140, then it is problematic if you've left the company.



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  • flresident
    01-27 01:43 PM
    Your school's International Student Advisor should be able to give you exact information.




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  • Steve Mitchell
    April 17th, 2008, 08:41 AM
    Here's an interesting find... confirmed? no. But likelihood of true? I think so. Check it out (http://www.electronista.com/articles/08/04/16/nikon.d3x.coming/).



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  • Abhishika
    10-04 07:47 AM
    Hi All,
    One of my friend has been working for a desi company for 6 months and now is moving to another company.

    In the desi company offer letter there is no information regarding leave encashment and it says that he is eligible for one day leave per month.
    There is no statement regarding leave encashment policy in the offer letter

    So if he resigns now will he get any leave encashment or is there any virginia state laws governing the leave encashment

    Thank You

    Abhi




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  • H1gameover
    06-17 02:20 PM
    Hi Friends...

    One article to share with u who are still waiting from any update from USCIS.....I am one of them too....

    http://www.employerlawreport.com/2008/06/articles/immigration/uscis-to-start-mailing-rejection-notices-for-april-1-2008-h1b-filings/

    Article says "On June 12, 2008, U.S. Citizenship and Immigration Services (USCIS) informed the American Immigration Lawyers Association that the H-1B random selection process has been completed. USCIS completed the intake and receipt processes for all filings as of May 24, 2008 and began mailing rejection notices the week of June 9. Therefore, if an employer has not yet received a filing confirmation (Form I-797C Notice of Action), it likely means that the petition was not selected in the random process and that the rejection notice will be forthcoming."

    My hope is over now...All the best to all who r lucky.




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  • pani_6
    07-23 07:49 PM
    I am applying to renew my EAD and looking at the paper Application on page 7 I see that if you are C9 which all of us are mostly..we need not file an application fee..
    Is it true..
    Plz help




    Prashanthi
    06-25 05:59 PM
    As long as you are in status it is fine, what you need is a valid I-94 or a receipt showing that you applied for a timely extension. You only submit documents that are asked by the officer.




    Jaime
    09-21 11:18 PM
    谢谢! for coming and 我们来自许多国家不仅印度!

    Chinese friends! Please post ideas on how to increase the Chinese membership at IV and how to engage our dear Chinese members! You are SO VITAL!!!! Let's all work together! What are your ideas?



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