sobers
06-23 04:38 PM
With new DOL policies and increasing immigration and labor standards enforcement, approval rates for labor transfers are down drastically. AILA reports even approval rates for PERM are down to 62% from the 80% approval rates seen earlier. Be careful, and have another parallel 'regular' filing so in case your sub labor gets rejected you don't loose additional Piority Date time.
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gcadream
03-01 09:46 AM
The best place to get all kind of information is:
Indian passport for minor children up to 15 years of age (http://www..com/nri/indianpassport/children-upto-15-years-of-age-minors.html)
I had recently applied for my 5 yr old son for passport renewal at washington DC embassy, as we fall under their jurisdiction and got the new passport.
I had mailed all the documents and it took around 1 months to get the passport.
Let me know for any more questions you have....
Indian passport for minor children up to 15 years of age (http://www..com/nri/indianpassport/children-upto-15-years-of-age-minors.html)
I had recently applied for my 5 yr old son for passport renewal at washington DC embassy, as we fall under their jurisdiction and got the new passport.
I had mailed all the documents and it took around 1 months to get the passport.
Let me know for any more questions you have....
suny_saini
08-05 12:18 AM
My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to follow-to-join, then the date on which the derivative will be considered to have sought LPR status for purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary within one year of a visa becoming available (i.e., within one year of the case becoming current or petition approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to follow-to-join, then the date on which the derivative will be considered to have sought LPR status for purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary within one year of a visa becoming available (i.e., within one year of the case becoming current or petition approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
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GCIssues
07-24 07:40 PM
I Left Company A on April 27, 2004. Joined Company B on April 28 through H1b Transfer as CompanyB told me that they have filed H1b transfer documents. Got H1b Approval in Few months; , The H1b approval notice shows a receipt date of May 15. CompanyA never reported my job termination to INS. Now i have left Company B and joined Company C. Can anyone comment on consequence of this 17 days gap on GC prospects and What is considered my employment start date for companyB and employment end date with CompanyA.
more...
EkAurAaya
05-25 12:47 PM
Guys as the administrator (pappu) pointed out... we really need to be short and sweet and to the point... mixing issues will only create confusion and we will all look unorganized...
***admin's I used your template but tried to add some more personal touch to express what we all are dealing with, hope it's ok:
When you call stick to something as simple as:
My name is ____ and I am calling from [city], in the state of [State]. I am a member of a group called Immigration Voice – that represents LEGAL skilled immigrants.
I've been patiently waiting for ___ Years for my green card now, I came here legally and have always followed all laws of this land... I'm really disappointed and disheartened by what I see and read about the immigration reform bill.
All I ask is... (discuss all 3 issues or even 1 that you think will keep it simple and get your point across)
1) INCREASE the number of EMPLOYMENT-BASED green cards for LEGAL skilled immigrants who are currently backlogged. We request the Senate to ELIMINATE the backlogs BEFORE starting a new merits based system.
2) Urge the Senator to AMEND section 501(b) and INCREASE the number of EMPLOYMENT-BASED green cards for LEGAL skilled immigrants from 140,000 to a higher number to ELIMINATE the current backlogs, the SAME way the bill REDUCES backlogs for family-based immigrants in section 501(a).
3) Oppose the senate’s immigration bill in its current form because it reduces the number of green cards for legal skilled immigrants. It diverts these green cards to the proposed future guest worker program and to a proposed untested merits based system.
***admin's I used your template but tried to add some more personal touch to express what we all are dealing with, hope it's ok:
When you call stick to something as simple as:
My name is ____ and I am calling from [city], in the state of [State]. I am a member of a group called Immigration Voice – that represents LEGAL skilled immigrants.
I've been patiently waiting for ___ Years for my green card now, I came here legally and have always followed all laws of this land... I'm really disappointed and disheartened by what I see and read about the immigration reform bill.
All I ask is... (discuss all 3 issues or even 1 that you think will keep it simple and get your point across)
1) INCREASE the number of EMPLOYMENT-BASED green cards for LEGAL skilled immigrants who are currently backlogged. We request the Senate to ELIMINATE the backlogs BEFORE starting a new merits based system.
2) Urge the Senator to AMEND section 501(b) and INCREASE the number of EMPLOYMENT-BASED green cards for LEGAL skilled immigrants from 140,000 to a higher number to ELIMINATE the current backlogs, the SAME way the bill REDUCES backlogs for family-based immigrants in section 501(a).
3) Oppose the senate’s immigration bill in its current form because it reduces the number of green cards for legal skilled immigrants. It diverts these green cards to the proposed future guest worker program and to a proposed untested merits based system.
chandra140
08-29 08:40 AM
Hi,
First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and in May it was rejected because of check bounce issue.
Again my 140 was refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.
(My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08,
i think there is rule that 140 should be filed before 180 days of labour approval)
My lawyer is saying:
we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.
I am still wondering the USCIS will process my 140.
First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and in May it was rejected because of check bounce issue.
Again my 140 was refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.
(My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08,
i think there is rule that 140 should be filed before 180 days of labour approval)
My lawyer is saying:
we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.
I am still wondering the USCIS will process my 140.
more...
Blog Feeds
11-08 03:30 PM
USCIS recently issued a Memo that amends Adjudicator�s Field Manual on General Form I-140 Issues. Many issues are covered, but one of particular interest to our PERM (http://www.h1b.biz/lawyer-attorney-1135851.html)readers is the Labor Certification Validity for Labor Certifications with an Ending Validity Date that Falls on a Saturday, Sunday or Federal Legal Holiday.
DOL has established a 180-day validity period for approved labor certifications. See 20 CFR 656.30(b). An approved labor certification must be filed in support of a Form 1-140 petition during the labor certification's validity period. DOL has not published any guidance regarding the treatment of labor certifications that effectively have a validity period of less than 180 days due to an ending validity date that falls on a Saturday, Sunday, or a federal legal holiday.
USCIS will accept the filing of 1-140 petitions where the supporting labor certification validity period ends on a Saturday, Sunday or federal legal holiday on the next business day, i.e., the next day that is not a Saturday, Sunday or federal legal holiday. This action is most consistent with existing USCIS regulations, which allow cut-off dates for the filing of petitions and applications that fall on a Saturday, Sunday or federal legal holiday to be extended until the next business day. See 8 CFR 1.1 (h). This procedure provides petitioning employers the benefit of the full 180 day validity period for approved labor certifications established by DOL.
More... (http://www.visalawyerblog.com/2009/11/perm_approved_labor_certificat.html)
DOL has established a 180-day validity period for approved labor certifications. See 20 CFR 656.30(b). An approved labor certification must be filed in support of a Form 1-140 petition during the labor certification's validity period. DOL has not published any guidance regarding the treatment of labor certifications that effectively have a validity period of less than 180 days due to an ending validity date that falls on a Saturday, Sunday, or a federal legal holiday.
USCIS will accept the filing of 1-140 petitions where the supporting labor certification validity period ends on a Saturday, Sunday or federal legal holiday on the next business day, i.e., the next day that is not a Saturday, Sunday or federal legal holiday. This action is most consistent with existing USCIS regulations, which allow cut-off dates for the filing of petitions and applications that fall on a Saturday, Sunday or federal legal holiday to be extended until the next business day. See 8 CFR 1.1 (h). This procedure provides petitioning employers the benefit of the full 180 day validity period for approved labor certifications established by DOL.
More... (http://www.visalawyerblog.com/2009/11/perm_approved_labor_certificat.html)
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sury
02-08 01:30 PM
can anyone please reply
more...
mnq1979
08-31 12:58 PM
is there any one who got the interview notice, even after replying to RFE.
My RFE was to prove my legal status and my wife was to provide the BC.
My RFE was to prove my legal status and my wife was to provide the BC.
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mantric
07-22 04:48 AM
is this already covered by these polls -
http://immigrationvoice.org/forum/showthread.php?t=6266
http://immigrationvoice.org/forum/showthread.php?t=6128
http://immigrationvoice.org/forum/showthread.php?t=1671
http://immigrationvoice.org/forum/showthread.php?t=6266
http://immigrationvoice.org/forum/showthread.php?t=6128
http://immigrationvoice.org/forum/showthread.php?t=1671
more...
jsb
11-13 12:54 PM
I was employed by company A until from 2004 thru May'07 with labor and I140 approved in 2006, I was laid off from Company A in May'07 therefore I joined company B in June (transfered my H1).
In July , Company A agreed to file my I485 under future employment as all the EB catagories became current but I still work for company B (H1 with company B), now since in Jan'08 it will be past 180 days on my 485 application.
Can I file AC21 to change my employer to Company B and continue my I485 through to Company B?
Answer is Yes. Company B should be prepared to confirm that they have a job (same/similar as in original LC) which they will offer you on permanent basis upon your getting GC. Note that current job with B is on H1 (means it is not permanent).
In July , Company A agreed to file my I485 under future employment as all the EB catagories became current but I still work for company B (H1 with company B), now since in Jan'08 it will be past 180 days on my 485 application.
Can I file AC21 to change my employer to Company B and continue my I485 through to Company B?
Answer is Yes. Company B should be prepared to confirm that they have a job (same/similar as in original LC) which they will offer you on permanent basis upon your getting GC. Note that current job with B is on H1 (means it is not permanent).
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Blog Feeds
06-22 11:00 AM
On June 9, 2009, U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano granted deferred action for two years to widows and widowers of U.S. citizens (and their unmarried children under 18 years old) who reside in the United States, and who were married for less than two years before their spouse’s death. Deferred action is a short-term act of prosecutorial discretion that suspends removal proceedings against an individual or group of individuals for a specific timeframe. The action is temporary and it will not resolve an individual’s underlying immigration status.
In addition to the deferred action, U.S. Citizenship and Immigration Services (USCIS) will suspend all adjudications of visa petitions and adjustment applications filed by widow(er)s where the only reason for reassessment of immigration status was the death of a U.S. citizen spouse before the second anniversary of the marriage. Further, U.S. Immigration and Customs Enforcement (ICE) will now defer initiating or continuing removal proceedings, or executing final orders of removal against qualified widow(er)s and their eligible children.
Secretary Napolitano states that the deferred action is a “common-sense and practical” solution that will grant “these individuals and their children an opportunity to stay in the country that has become their home while their legal status is resolved.”
Additional information may be found at: www.dhs.gov (http://www.dhs.gov).
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/zQN9CYrxft4/)
In addition to the deferred action, U.S. Citizenship and Immigration Services (USCIS) will suspend all adjudications of visa petitions and adjustment applications filed by widow(er)s where the only reason for reassessment of immigration status was the death of a U.S. citizen spouse before the second anniversary of the marriage. Further, U.S. Immigration and Customs Enforcement (ICE) will now defer initiating or continuing removal proceedings, or executing final orders of removal against qualified widow(er)s and their eligible children.
Secretary Napolitano states that the deferred action is a “common-sense and practical” solution that will grant “these individuals and their children an opportunity to stay in the country that has become their home while their legal status is resolved.”
Additional information may be found at: www.dhs.gov (http://www.dhs.gov).
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/zQN9CYrxft4/)
more...
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kirupa
04-16 01:38 AM
The Z in Zelda seems a bit too hard to read. Have you considered using a more top-down view of Zelda from a game like Link to the Past? That might work better.
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micofrost
07-10 08:29 PM
If you have a job, getting a work permit will take only 4 hrs inside the consulate. No line. Give the passport and come back within 4 hrs to collect it.
No labor certification for computer(s/w for sure, dunno about h/w side for sure) professionals or petition. Need to show offer letter from the company and letter from company to the consulate.
No labor certification for computer(s/w for sure, dunno about h/w side for sure) professionals or petition. Need to show offer letter from the company and letter from company to the consulate.
more...
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GCPain1
09-20 08:36 PM
I have been arrested on Domestic Violence call by my wife ( of cource false allegations) about month back. Police investigation did not find any evidences and never sent file to DA for filing hence DA never filed charges.
Now USCIS requesting following
1) Please submit an arrest record and final court dispositions for each of your arrests. Court dispositions must be in the original and bear the stamp and/r seal of the appropriate court or clerk. If a court disposition or police record is not available, you must provide official or certified evidence from the appropriate law enforcement agency or court confirming the record in unavailable. Please note, these documents must either be the original or certified copy.
How to get court deposition or evidence that no charge are filed against this arrest?
I have filed petition for expunging arrest record but that will take a while to conclude.
Please advice what proof I can send to USCIS that this arrest did not even result in charges in court.
Thanks
Now USCIS requesting following
1) Please submit an arrest record and final court dispositions for each of your arrests. Court dispositions must be in the original and bear the stamp and/r seal of the appropriate court or clerk. If a court disposition or police record is not available, you must provide official or certified evidence from the appropriate law enforcement agency or court confirming the record in unavailable. Please note, these documents must either be the original or certified copy.
How to get court deposition or evidence that no charge are filed against this arrest?
I have filed petition for expunging arrest record but that will take a while to conclude.
Please advice what proof I can send to USCIS that this arrest did not even result in charges in court.
Thanks
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corba
08-09 06:52 PM
My LCA for H1B extn for 6 years is approved on July 15. But still my company lawyer is not ready to file the extn. He keeps on saying that I didn't get the approval notice from DOL, It's certified online only, So without physical approval document, I cannot proceed.
Guys, Since it's certified already, Can he get a LCA detail and print using his account from iCert?
I also checked the online status in iCert (he gave me the case No), the status says certified.
So in this How long DOL took to send the physical copy of LCA?
Since my H1B is expiring October, I need to file extn ASAP. My company lawyer is not helpful ...
Your replies are much appreciated ....
Guys, Since it's certified already, Can he get a LCA detail and print using his account from iCert?
I also checked the online status in iCert (he gave me the case No), the status says certified.
So in this How long DOL took to send the physical copy of LCA?
Since my H1B is expiring October, I need to file extn ASAP. My company lawyer is not helpful ...
Your replies are much appreciated ....
more...
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beautifulMind
11-02 07:26 PM
HR of my Company screwed up with the content of the EB2 Ad posted in sunday newspaper. To save money they posted a partial AD with a link to the job listing on the companys website saying "Please goto this link for further information".....
Would this be ok?
Would this be ok?
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raysaikat
01-10 07:53 PM
Hi,
My current visa status is H4. As i cannot work on this visa, I am interested in doing an Unpaid Internship. Please clarify whether I can do so on an H4 visa.
I'm trying to secure the internship in a nonprofit organisation. Will there be an exception for them, in case it's not allowed otherwise?
Thanks a tonne!!!
AFAIK, you can do volunteer work without restrictions, provided this truly is a volunteer work; i.e., there is no employer-employee relationship, and you are not working in anticipation that you will be hired in near future based on your current work.
Maybe a good test is, if the nonprofit organization requires your SSN before they would allow you to work, then you may not do that work on H4.
My current visa status is H4. As i cannot work on this visa, I am interested in doing an Unpaid Internship. Please clarify whether I can do so on an H4 visa.
I'm trying to secure the internship in a nonprofit organisation. Will there be an exception for them, in case it's not allowed otherwise?
Thanks a tonne!!!
AFAIK, you can do volunteer work without restrictions, provided this truly is a volunteer work; i.e., there is no employer-employee relationship, and you are not working in anticipation that you will be hired in near future based on your current work.
Maybe a good test is, if the nonprofit organization requires your SSN before they would allow you to work, then you may not do that work on H4.
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sundarpn
07-24 05:44 PM
oh, so once can switch back to H1b within 12 months and NOT be subject to the CAP?
fasterthanlight�
05-20 12:02 PM
Come to think of it... That second one kinda looks like a pnas. :|
Original Image:
Original Image:
STAmisha
08-06 10:40 AM
forgot to attach my previous employer experience letter
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