tatyavinchu
09-17 11:54 AM
I am a july 07 filer with EB2 PD Oct 2005. I switched employers in early part of this year. My employer has been very erratic and not paying me salary for past 2 months because his money is not cleared from his client. I have found another contract but my employer wants to wait until his money is cleared before he can pay me and that can take longer than 6 months !!! (if his money is not cleared before)
Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.
Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.
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forgerator
01-19 08:35 AM
I forgot to post my update - I actually did get my appointment with Xvars.com (http://www.xvars.com) . They got me the appointment about 2 days after I signed up, and I got my stamping done in Toronto on Dec 16th. I also chose Montreal as backup but got my original choice. Good luck to people stamping visas in canada. it is much easier and faster than going back to the home country.
Do you know how much Xvars is charging for this process? I might try it out as well.
Do you know how much Xvars is charging for this process? I might try it out as well.
Blog Feeds
12-19 01:00 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.
Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.
If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)
No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.
Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.
If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)
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rsrikant
10-22 10:01 AM
i got receipt date as oct 11th on transfer notice.
is it the receipt date of my 485? or will there be a different date on the actual receipt??
my application reached on aug 3rd at texas.
is it the receipt date of my 485? or will there be a different date on the actual receipt??
my application reached on aug 3rd at texas.
more...
ch102
02-22 08:43 AM
Over 500 Indian guest workers sue US company for human trafficking - The Times of India (http://timesofindia.indiatimes.com/nri/news/Over-500-Indian-guest-workers-sue-US-company-for-human-trafficking/articleshow/7548222.cms)
HOUSTON: Lawyers for a group of Indian guest workers, trafficked to the US from India to work in shipyards after Hurricane Katrina in 2005, have sued an American company, Signal International, along with its co-conspirators and other entities for human trafficking and racketeering.
If class status is granted, the lawsuit could be the largest human trafficking case in US history, the American Civil Liberties Union (ACLU) has said in a statement.
Workers were allegedly lured here with dishonest assurances of becoming lawful permanent US residents, the statement said.
The ACLU joined a class action lawsuit brought on behalf of over 500 guest workers from India charging that the workers were trafficked into the US through the federal government's H-2B guest worker programme with dishonest assurances of becoming lawful permanent US residents and subjected to squalid living conditions, fraudulent payment practises, and threats of serious harm upon their arrival.
The complaint alleges that recruiting agents hired by the marine industry company Signal International held the guest workers' passports and visas, coerced them into paying extraordinary fees for recruitment, immigration processing and travel, and threatened the workers with serious legal and physical harm if they did not work under the Signal-restricted guest worker visa.
The complaint also alleges that once in the US, the men were required to live in Signal's guarded, over crowded labour camps, subjected to psychological abuse and defrauded out of adequate payment for their work.
The ACLU charges that the federal government has fallen short of its responsibility to protect the rights of guest workers in this country.
According to the lawsuit, the treatment of the workers violates the Victims of Trafficking and Violence Protection Act (TVPA) and the Racketeer Influenced and Corrupt Organisations Act (RICO).
In addition to the federal court litigation, in partnership with the ACLU, the workers have testified before the UN special rapporteur on the human rights of migrants, the UN special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and senior staff at the UN Office of the High Commissioner for Human Rights.
Signal, a marine and fabrication company with shipyards in Mississippi, Texas and Alabama, is a subcontractor for several major multinational companies.
HOUSTON: Lawyers for a group of Indian guest workers, trafficked to the US from India to work in shipyards after Hurricane Katrina in 2005, have sued an American company, Signal International, along with its co-conspirators and other entities for human trafficking and racketeering.
If class status is granted, the lawsuit could be the largest human trafficking case in US history, the American Civil Liberties Union (ACLU) has said in a statement.
Workers were allegedly lured here with dishonest assurances of becoming lawful permanent US residents, the statement said.
The ACLU joined a class action lawsuit brought on behalf of over 500 guest workers from India charging that the workers were trafficked into the US through the federal government's H-2B guest worker programme with dishonest assurances of becoming lawful permanent US residents and subjected to squalid living conditions, fraudulent payment practises, and threats of serious harm upon their arrival.
The complaint alleges that recruiting agents hired by the marine industry company Signal International held the guest workers' passports and visas, coerced them into paying extraordinary fees for recruitment, immigration processing and travel, and threatened the workers with serious legal and physical harm if they did not work under the Signal-restricted guest worker visa.
The complaint also alleges that once in the US, the men were required to live in Signal's guarded, over crowded labour camps, subjected to psychological abuse and defrauded out of adequate payment for their work.
The ACLU charges that the federal government has fallen short of its responsibility to protect the rights of guest workers in this country.
According to the lawsuit, the treatment of the workers violates the Victims of Trafficking and Violence Protection Act (TVPA) and the Racketeer Influenced and Corrupt Organisations Act (RICO).
In addition to the federal court litigation, in partnership with the ACLU, the workers have testified before the UN special rapporteur on the human rights of migrants, the UN special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and senior staff at the UN Office of the High Commissioner for Human Rights.
Signal, a marine and fabrication company with shipyards in Mississippi, Texas and Alabama, is a subcontractor for several major multinational companies.
dealsnet
04-01 04:18 PM
My relative tried to get visit visa from Kuwait. He was there on visit. Embasssy rejected the petition and told him to go India and get the visa. Eventually he got it in Madras. Only residents can appear for visa interview. (residents means, locals or, those have employment or dependant visa and stamped residence in passport).
If they are staying on a resident or employment visa in UAE they have to apply at the US Embassy in Dubai. If they are on a visit visa in UAE, they have to apply at the appropriate US Consulate in India.
If they are staying on a resident or employment visa in UAE they have to apply at the US Embassy in Dubai. If they are on a visit visa in UAE, they have to apply at the appropriate US Consulate in India.
more...
tawlibann
07-09 01:25 PM
What is your PD & EB Category please?
How is that relevant? The guy said the date is not current.
I'm guessing the email he got was a standard form email created before July fiasco when having an open 485 application pretty much meant your date was current. Now this is no longer relevant. They won't make a decision until the PD becomes current, and even then they may follow up with RFE about whether he still holds the same position, etc. So pretty much he shouldn't expect to hear anything from them in 60 days regardless of what he email says.
How is that relevant? The guy said the date is not current.
I'm guessing the email he got was a standard form email created before July fiasco when having an open 485 application pretty much meant your date was current. Now this is no longer relevant. They won't make a decision until the PD becomes current, and even then they may follow up with RFE about whether he still holds the same position, etc. So pretty much he shouldn't expect to hear anything from them in 60 days regardless of what he email says.
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Blog Feeds
06-22 05:50 PM
USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 �Regular� cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.
As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.
More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)
As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.
More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)
more...
meridiani.planum
06-03 12:40 PM
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.
Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.
If spillover kicks in (& it should in July) then both China and India will have to move together (exact same cutoff date, because the law says spillover visa's are to be used evenly by those in the same category. USCIS has been doing horizontal spillover, so all EB2's will be equally eligible and have the same cutoff.
Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.
Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.
If spillover kicks in (& it should in July) then both China and India will have to move together (exact same cutoff date, because the law says spillover visa's are to be used evenly by those in the same category. USCIS has been doing horizontal spillover, so all EB2's will be equally eligible and have the same cutoff.
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GCHope2011
11-04 11:16 PM
Hi All,
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).
2. SR to speed up processing might not be of much help
3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have
Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).
Hope it helps.
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).
2. SR to speed up processing might not be of much help
3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have
Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).
Hope it helps.
more...
prout02
02-19 12:40 PM
So now USA considers TN as a country?? Some conspiracy, eh??
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mihird
05-22 07:43 PM
What happens if I am in the 6th year of my H1, have the LC and I140, both approved from my current employer, and file for H1 extension while waiting on the retrogression...By all means, I will get the 3 year extension...
But, here's what is interesting I also have a concurrent H1 with another employer since the 5th year of my 6 year stay from the day I first entered on a H1. Assuming I have the LC and I140 approved on my 1st H1 and get the 3 year extension past the 6 years, can I get a similar 3 year extension on the concurrent H1?
Can anyone shed some light on it?
But, here's what is interesting I also have a concurrent H1 with another employer since the 5th year of my 6 year stay from the day I first entered on a H1. Assuming I have the LC and I140 approved on my 1st H1 and get the 3 year extension past the 6 years, can I get a similar 3 year extension on the concurrent H1?
Can anyone shed some light on it?
more...
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babuworld
01-01 06:49 PM
Hi Team
Listen to this clip in this.
http://www.npr.org/templates/story/story.php?storyId=6705905&ft=1&f=1001
Thanks,
babuworld
Listen to this clip in this.
http://www.npr.org/templates/story/story.php?storyId=6705905&ft=1&f=1001
Thanks,
babuworld
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skdskd
08-26 11:56 AM
Hi
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
I have same Question ??
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
I have same Question ??
more...
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payur
04-07 11:51 AM
CIR talks are going on CSPAN.
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chanduv23
11-17 05:39 PM
Hi,
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Not sure about the rules now, but when I did it in 2002, it was a single entry visa for 6 months - though it is single entry - going from US is an exception - from US it is multiple entry and it costed $50 during those times.
Documents - appp form, fee, your legal status here (485, EAD etc..), bank statements and usually they ask why r u visiting Canada and you can say "tourism"
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Not sure about the rules now, but when I did it in 2002, it was a single entry visa for 6 months - though it is single entry - going from US is an exception - from US it is multiple entry and it costed $50 during those times.
Documents - appp form, fee, your legal status here (485, EAD etc..), bank statements and usually they ask why r u visiting Canada and you can say "tourism"
more...
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sundar99
05-01 03:48 PM
Folks,
CNN - and Media Coverage of Immigration
Wanted to suggest..today they are showing a wide variety of perspectives on Immigration problem. I have seen in the recent past on one such programs they invite people to call and express their views.
Perhaps it is time for folks to dial the 1-800 number and speak up on the retrogession issues, backlog inefficencies, eb2, eb3 being stuck for china, india, inabitliy of spouses to work and request for lengthier h1 extensions, asking for GC for those who are here for more than 5 years etc...
The views will be aired in public and I am pretty sure all the politicians will be watching with interest, they will also hear the difference bet Legals and Illegals and also the problems faced by legal immigrants - First Hand.
Perhaps it may be a worthwhile idea to discuss what to talk !
CNN - and Media Coverage of Immigration
Wanted to suggest..today they are showing a wide variety of perspectives on Immigration problem. I have seen in the recent past on one such programs they invite people to call and express their views.
Perhaps it is time for folks to dial the 1-800 number and speak up on the retrogession issues, backlog inefficencies, eb2, eb3 being stuck for china, india, inabitliy of spouses to work and request for lengthier h1 extensions, asking for GC for those who are here for more than 5 years etc...
The views will be aired in public and I am pretty sure all the politicians will be watching with interest, they will also hear the difference bet Legals and Illegals and also the problems faced by legal immigrants - First Hand.
Perhaps it may be a worthwhile idea to discuss what to talk !
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aguy
07-27 03:14 PM
Hi,
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
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upendra
07-09 12:46 PM
Hi ,
I got a RFE for medical which I replied immediately and the current status shows
"we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done"
My PD is not current by the time I got RFE and don't expect it to be current in near future too.
Now, my questions :
1. Does USCIS send a snail mail with in 60 days regarding the status of my application?
2. Is it fair to assume that my case is preadjudicated If I don't get any further RFE's with in 60 days ?
Thanks in advance !!!!!!
I got a RFE for medical which I replied immediately and the current status shows
"we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done"
My PD is not current by the time I got RFE and don't expect it to be current in near future too.
Now, my questions :
1. Does USCIS send a snail mail with in 60 days regarding the status of my application?
2. Is it fair to assume that my case is preadjudicated If I don't get any further RFE's with in 60 days ?
Thanks in advance !!!!!!
watzgc
11-05 07:47 PM
friends, any reply? thnks
Sakthisagar
04-16 11:11 AM
Good Read
http://www.nfap.com/pdf/1003h1b.pdf
http://www.nfap.com/pdf/1003h1b.pdf
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