number30
04-25 08:26 PM
Thanks a lot for the quick reply!
Will Advance Parole be valid until she comes back? Technically you cannot take her Green card and give it to her outside US.
Will Advance Parole be valid until she comes back? Technically you cannot take her Green card and give it to her outside US.
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grinch
06-24 07:53 PM
Ah!
Haha I was thinking about that one! Thanks for clearing it up!
Haha I was thinking about that one! Thanks for clearing it up!
kala
11-22 06:19 AM
Hi Zelwyn,
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Im interested in pixel art. I work with several clients who need "Hightech/corporate" icons for company applications and websites.
Could you send me some examples of your work which will suit my needs?
Cheers
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go_guy123
02-15 08:29 PM
as well as I see a separate bill for foreign nurses is coming up for discussion, we I feel we should talk to our lawmakers to bail us out of the EB-3/EB-2 India/china mess
The employer lobby is always desperate for a Nurse Green Card just because they cant be hired on H1B. Sometimes I wonder perhaps things would have been better if H1B had not been there for IT folks...then the employer lobby would have genuinely lobbied for
GC reform.
The employer lobby is always desperate for a Nurse Green Card just because they cant be hired on H1B. Sometimes I wonder perhaps things would have been better if H1B had not been there for IT folks...then the employer lobby would have genuinely lobbied for
GC reform.
more...
bbenhill
06-09 04:19 PM
Hi, Just make sure with your HR if the new company will grand fathered all the aggreement (esp your GC process). Same thing happened to me a year ago and I don't need to file anything.
so for summary :
a. Do I have to go through the entire GC process again with new company?
>> no
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will
help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
>>>the safest thing might be to file AC21. but again, it will depend on ur HR/Lawyer
d. Should I stay with my current employer?
>> up to you .. only you can feel the situation post acquisition.
btw in my case, my old company name is totally gone and my business unit brought the old company name into a new division of the new company . in your case looks like the old company name is still there.
Thx
so for summary :
a. Do I have to go through the entire GC process again with new company?
>> no
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will
help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
>>>the safest thing might be to file AC21. but again, it will depend on ur HR/Lawyer
d. Should I stay with my current employer?
>> up to you .. only you can feel the situation post acquisition.
btw in my case, my old company name is totally gone and my business unit brought the old company name into a new division of the new company . in your case looks like the old company name is still there.
Thx
pt326bc
09-30 07:19 AM
With GC process bound to take long, staying at the same place to avoid changing address may be a big challenge.
Has anybody considered using PO box for address on I-485? My lawyer did not allow me to use PO box during July 2 filing.
Will it be possible to go online and change to PO box address for I-485?
Does INS has any issues in sending GC to po box address?
I don't think that's possible. USCIS wants a physical address where you stay and will not deliver mail to PO box. In fact there is no forwarding of documents sent by USCIS too. They are all returned to USCIS.
This issue I think originates from the fact that USCIS wants to know where all aliens are physically staying.
I wanted to have a PO box to avoid any issues with mail theft and my lawyer said its not possible.
Anything different coming from your lawyer would be welcome.
Regards.
Has anybody considered using PO box for address on I-485? My lawyer did not allow me to use PO box during July 2 filing.
Will it be possible to go online and change to PO box address for I-485?
Does INS has any issues in sending GC to po box address?
I don't think that's possible. USCIS wants a physical address where you stay and will not deliver mail to PO box. In fact there is no forwarding of documents sent by USCIS too. They are all returned to USCIS.
This issue I think originates from the fact that USCIS wants to know where all aliens are physically staying.
I wanted to have a PO box to avoid any issues with mail theft and my lawyer said its not possible.
Anything different coming from your lawyer would be welcome.
Regards.
more...
srinivas_meena_vinu
07-18 12:05 PM
Thanks.
Mine is not a Lobour substitution. In fact I am in L1A and mine has been filed in EB3 category. It is done by PERM and it has been approved. My designation is Program Manager and based on that the Labour was filed. My company is doing well and also pays well.
Please advice if that would help.
Mine is not a Lobour substitution. In fact I am in L1A and mine has been filed in EB3 category. It is done by PERM and it has been approved. My designation is Program Manager and based on that the Labour was filed. My company is doing well and also pays well.
Please advice if that would help.
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ss_col
04-18 11:14 AM
Hi everyone,
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
more...
mzk
04-07 11:34 AM
EB2 ROW is usually current - if you qualify for it, it would be faster as compared to EB3 ROW.
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martinvisalaw
06-05 05:03 PM
It is very late to be submitting the RFE response now. CIS will probably deny the H-1B and your employer will need to refile. The employer should have asked for an extension before the due date.
more...
Blog Feeds
07-27 06:00 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
A quick review of the list of largest H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)users for FY 2009 shows high tech and Silicon Valley topping the list. The top users of the H-1B program for 2009 included multi-national technology companies headquartered, and with branch offices in Silicon Valley. Wipro tops the list with 1,964 new H-1B visas. Microsoft is second with 1318, but then Intel Corp has a big drop off at 723 H-1B's The list of Silicon Valley companies continues, including Infosys Technologies (440), Qualcomm (320), Cisco (308), Oracle (272), Google (211), Yahoo (183), Apple (168), Nvidia (130), and Hewlett Packard (115). While there is no way to know whether these companies sponsored employees located in Silicon Valley, as opposed to another office location, it is clear that high-tech and Silicon Valley are standouts on the list of H-1B employers.
Those who assume the H-1B is a tool used primarily by IT companies may be surprised to see the number of prestigious universities and medical facilities also nearing the top of the list. H-1B visas are work visas for professional workers who typically require at least a Bachelor's degree for entry into their profession. This includes teachers, professors, doctors, and scientists in addition to engineers.
The first two pages of the list are below:
H-1B Users Fy2009 (http://www.scribd.com/doc/31016678/H-1B-Users-Fy2009)
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:7Q72WNTAKBA)
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A quick review of the list of largest H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)users for FY 2009 shows high tech and Silicon Valley topping the list. The top users of the H-1B program for 2009 included multi-national technology companies headquartered, and with branch offices in Silicon Valley. Wipro tops the list with 1,964 new H-1B visas. Microsoft is second with 1318, but then Intel Corp has a big drop off at 723 H-1B's The list of Silicon Valley companies continues, including Infosys Technologies (440), Qualcomm (320), Cisco (308), Oracle (272), Google (211), Yahoo (183), Apple (168), Nvidia (130), and Hewlett Packard (115). While there is no way to know whether these companies sponsored employees located in Silicon Valley, as opposed to another office location, it is clear that high-tech and Silicon Valley are standouts on the list of H-1B employers.
Those who assume the H-1B is a tool used primarily by IT companies may be surprised to see the number of prestigious universities and medical facilities also nearing the top of the list. H-1B visas are work visas for professional workers who typically require at least a Bachelor's degree for entry into their profession. This includes teachers, professors, doctors, and scientists in addition to engineers.
The first two pages of the list are below:
H-1B Users Fy2009 (http://www.scribd.com/doc/31016678/H-1B-Users-Fy2009)
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/oVC6CVN9PIo
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/oVC6CVN9PIo/silicon-valley-companies-top-l.html)
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fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
more...
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desi_scorpion
07-30 01:40 PM
she can change jobs without any problem as long she stays in h1b status....my wife is also in the same process
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smuggymba
10-05 08:23 PM
a court actually agreed with USCIS....so a person can work but can't be present in the US and USCIS won the case.
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cooler
08-30 09:23 AM
After a long journey on several non immigrant visa's my GC finally got approved. The questions that I would like to throw out for the group to think on is regarding the period for which one has to keep all the H1/H4 approval notices and supporting documents?
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
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getgreensoon1
04-26 11:46 AM
Hi,
I am wondering if anybody had done this before: I want to work part time (20 hrs/week) for 6 months( and no other job). I am on H1 but I also have EAD. So I am wondering if there are any implications to this such as I need to amend my H1b , because of some obscure law my GC process will be affected. Any input is appreciated.
Thanks in advance
I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.
I am wondering if anybody had done this before: I want to work part time (20 hrs/week) for 6 months( and no other job). I am on H1 but I also have EAD. So I am wondering if there are any implications to this such as I need to amend my H1b , because of some obscure law my GC process will be affected. Any input is appreciated.
Thanks in advance
I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.
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that wouldn't be too original, would it? ;)
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gxtrader
10-12 01:19 AM
Just pray that the next notice wont be "Today we sent notice to you that we forgot to enclose your card" :D
Actually im on same boat i.e. Oct 5 - card ordered , Oct 11 - approval notice sent. Wish they saved on stamps & enclosed the d**n card! :)
Actually im on same boat i.e. Oct 5 - card ordered , Oct 11 - approval notice sent. Wish they saved on stamps & enclosed the d**n card! :)
mnq1979
06-30 05:15 PM
I have a question, on 25 june i got a RFE, i have not received it yet neither did my lawyer. The case status shows that both me and my wife got the RFE. I think its most probaly to produce the Birth Certificate.
My wife BC is in the process and i think i will be able to get it by the end of the week.
My question is that if i am unable to get the BC of my wife in time, is it possible to buy some more days from USCIS. Like CAN USCIS provide SOME ADDITIONAL TIME SO THAT I CAN GET THE BC OF MY WIFE AND THEN SUBMIT. I DONT KNOW WHATS THE DEADLINE IS BUT I BELIVE ITS A VERY CLOSE CALL !!!! AND I MIGHT NEED SOME MORE TIME TO PRODUCE THE BIRTH CERTIFICATE.
PLEASE ADVISE. THANKS IN ADVANCE!!!!
My wife BC is in the process and i think i will be able to get it by the end of the week.
My question is that if i am unable to get the BC of my wife in time, is it possible to buy some more days from USCIS. Like CAN USCIS provide SOME ADDITIONAL TIME SO THAT I CAN GET THE BC OF MY WIFE AND THEN SUBMIT. I DONT KNOW WHATS THE DEADLINE IS BUT I BELIVE ITS A VERY CLOSE CALL !!!! AND I MIGHT NEED SOME MORE TIME TO PRODUCE THE BIRTH CERTIFICATE.
PLEASE ADVISE. THANKS IN ADVANCE!!!!
cantwait4gc
09-13 09:56 PM
Here is my situation.....
My EB3 140 approved with priority date 01June2002 --> Company A
My EB2 140 pending with priority date 10May2006 -->Company A (different title...future position)
Can i port my EB3 priority date (June 2002) to EB2 application & apply I-485?.If i do, will my EB3 140 gets invalid?.I will need to file 3 year H1B extn(in Oct) based on my approved EB3 application & don't want to loose my approved 140.
Thanks in advance for your help.
My EB3 140 approved with priority date 01June2002 --> Company A
My EB2 140 pending with priority date 10May2006 -->Company A (different title...future position)
Can i port my EB3 priority date (June 2002) to EB2 application & apply I-485?.If i do, will my EB3 140 gets invalid?.I will need to file 3 year H1B extn(in Oct) based on my approved EB3 application & don't want to loose my approved 140.
Thanks in advance for your help.
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