af101010
02-01 12:18 PM
Hi
I have heard in the past from a lawyer that when in H1B status the filing of Green Card must be done and labor certification approved before the 5th anniversary of H1B status. In other words, one cannot start the process for a Green Card in the 6th year of H1B status.
Is this correct? Or is the lawyer being overly cautious?
If such a rule does exist can you please point me to the exact regulation?
Thanks!
I have heard in the past from a lawyer that when in H1B status the filing of Green Card must be done and labor certification approved before the 5th anniversary of H1B status. In other words, one cannot start the process for a Green Card in the 6th year of H1B status.
Is this correct? Or is the lawyer being overly cautious?
If such a rule does exist can you please point me to the exact regulation?
Thanks!
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Blog Feeds
06-26 09:40 AM
Sounding good: THE WHITE HOUSE Office of the Press Secretary __________________________________________________ __________________________________________________ ______________________ For Immediate Release June 25, 2009 REMARKS BY THE PRESIDENT AFTER MEETING WITH MEMBERS OF CONGRESS TO DISCUSS IMMIGRATION State Dining Room 3:17 P.M. EDT THE PRESIDENT: Hello, everybody. We have just finished what I consider to be a very productive meeting on one of the most critical issues that I think this nation faces, and that is an immigration system that is broken and needs fixing. We have members of Congress from both chambers, from parties, who have participated in the meeting and shared a range of ideas....
More... (http://blogs.ilw.com/gregsiskind/2009/06/obamas-statement-on-immigration-summit.html)
More... (http://blogs.ilw.com/gregsiskind/2009/06/obamas-statement-on-immigration-summit.html)
Blog Feeds
04-11 03:40 PM
This is the latest update as of Tuesday, April 6, 2010, Vermont Service Center, as of close of business on Monday, April 5, 2010, VSC had received a total of 9,525 cap-subject H-1B petitions. Of those petitions, 6,791 were "regular" cap, and 2,734 were advanced degree. All cases received before April 7, 2010, will have an April 7, 2010 receipt date. Those received on April 7, 2010 or later will bear the actual receipt date. For those submitted for Premium Processing, the clock will start on April 7, 2010. We will update once we have the California Service Center Numbers.
More... (http://www.visalawyerblog.com/2010/04/h1b_visa_update_9525_capsubjec.html)
More... (http://www.visalawyerblog.com/2010/04/h1b_visa_update_9525_capsubjec.html)
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rsrikant
12-15 11:00 AM
Hi,
I wanted to now how you guys are going about AP and I94 renewals.
If we use AP to come to US, then our I-94 is valid only for 1 year i.e till AP expires.. So, if we apply for AP renewal, what will happen to I-94? Do we need to renew it? If yes, what is the procedure?
And, If we have a valid H4 visa for 2 more years but started working on EAD, when we enter into US, do we need to use AP for sure or can use H4 as it is still valid? If we use H4, will our EAD become invalid?
Please let me know.
Thanks,
Srikanth
I wanted to now how you guys are going about AP and I94 renewals.
If we use AP to come to US, then our I-94 is valid only for 1 year i.e till AP expires.. So, if we apply for AP renewal, what will happen to I-94? Do we need to renew it? If yes, what is the procedure?
And, If we have a valid H4 visa for 2 more years but started working on EAD, when we enter into US, do we need to use AP for sure or can use H4 as it is still valid? If we use H4, will our EAD become invalid?
Please let me know.
Thanks,
Srikanth
more...
canmt
10-31 02:36 PM
AC21 is the only light at the end of the tunnel for doing such things. If you change employer before I-485 is filed and pending 180 days, all you will get will be your labor priority date. You will have to file labor and I-140 again with your new employer and when filing I-485 you can use your old priority date.
I hope this helps and good luck on your green card pursuit...
I hope this helps and good luck on your green card pursuit...
rprasad200010
10-13 08:16 PM
I have applied for EAD renewal on September 1 2010. I have received receipt notice and checks are cashed . There was soft LUD on my case two weeks back without any change in status . To day I got email with case status � Initial Review� with following messsage
We have placed this case I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION on hold because there is a pending litigation that may affect the outcome. We will resume processing as soon as the litigation is resolved. We will notify you by mail when we make a decision about your case, or if the office needs additional information.
This is my 5th my EAD Renewal and earlier I do not have any issues with Renewals . My current EAD Expires in December 1 Week . Please advise what I need to in this case , as I do not have any clue about pending litigation. Can I check with Local office about what was the pending litigation or do I need to approach through lawyer
We have placed this case I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION on hold because there is a pending litigation that may affect the outcome. We will resume processing as soon as the litigation is resolved. We will notify you by mail when we make a decision about your case, or if the office needs additional information.
This is my 5th my EAD Renewal and earlier I do not have any issues with Renewals . My current EAD Expires in December 1 Week . Please advise what I need to in this case , as I do not have any clue about pending litigation. Can I check with Local office about what was the pending litigation or do I need to approach through lawyer
more...
gp_45
04-22 10:23 PM
July/Aug-07 filer for I-485 at NSC. Applied for EAD Feb-end and Received EAD in the mail last week. Noticed that the validity start date is 3/24/2007 and end date is 3/23/2009
I realize that someone did a data-entry error..Wanted to check if this would be a problem at any time...
I realize that someone did a data-entry error..Wanted to check if this would be a problem at any time...
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Blog Feeds
04-26 11:20 AM
As of April 15, 2010, approximately 13,600 H-1B cap (http://www.h1b.biz/lawyer-attorney-1137085.html)-subject petitions had been filed. USCIS has approved 5,800 H-1B petitions for aliens with advanced degrees.
Many immigration lawyers are seeing a sharp decline in the interest in the H1B visa this year by potential employers and workers. Some are saying that the downturn in H1B applications this year could be as much as 60%. As a result of this decline, there are predictions that the quota will not be reached within the first few months of this year. Rather, many suspect that the bachelor's quota won't be reached until the middle of July, and that the master's quota won't be reached until later this June.
We shall see how the number will play out in the next few months.
More... (http://www.visalawyerblog.com/2010/04/h1b_cap_update_april_25_2010.html)
Many immigration lawyers are seeing a sharp decline in the interest in the H1B visa this year by potential employers and workers. Some are saying that the downturn in H1B applications this year could be as much as 60%. As a result of this decline, there are predictions that the quota will not be reached within the first few months of this year. Rather, many suspect that the bachelor's quota won't be reached until the middle of July, and that the master's quota won't be reached until later this June.
We shall see how the number will play out in the next few months.
More... (http://www.visalawyerblog.com/2010/04/h1b_cap_update_april_25_2010.html)
more...
va_labor2002
07-06 03:44 PM
Mr.Douglas Montero is a New York Post Reporter. He has published article on immigration matters earlier. He may listen to legal immigration issues.
Douglas Montero's email Id : douglas.montero@nypost.com
If everybody sends an email to him,he may address our issues and publish an article about legal immigration in the Post !
Let's try !
I sent an email to this reporter.
Douglas Montero's email Id : douglas.montero@nypost.com
If everybody sends an email to him,he may address our issues and publish an article about legal immigration in the Post !
Let's try !
I sent an email to this reporter.
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gcwait_07
12-03 12:48 PM
Loo's only place is KKK
Such a asinine thing to say....esp on a public forum. Better to behave like the highly skilled/educated people we are supposed to be.
Such a asinine thing to say....esp on a public forum. Better to behave like the highly skilled/educated people we are supposed to be.
more...
mrsr
06-19 08:44 PM
it asks last five year employment history , i have not worked in USA for the past 3 year but i have worked abroad before these 3 years.. should i write it in the column or i should write NONE as i have not worked here in USA .... i am not the primary applicant ... my husband is primary applicant
please reply
please reply
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ameryki
12-19 07:54 PM
Hi All,
I am planning to r2i in the near future. EB-3 India (PD Nov 2005). I will be transfering with the same company that filed my GC to India. Is there anyway for me to keep my application alive?
I am planning to r2i in the near future. EB-3 India (PD Nov 2005). I will be transfering with the same company that filed my GC to India. Is there anyway for me to keep my application alive?
more...
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08-28 07:50 AM
This is a detail from the June USCIS Ombudsman report I hadn't noticed before, but a BusinessWeek report this week highlights that fact. We immigration lawyers have sensed that this was the case, of course. We regularly warn clients now to simply expect them even if the case is air tight. Businessweek reports The U.S. Citizenship & Immigration Service says no crackdown is afoot. 'We haven't changed the way that we do our business over the course of the past few years,' says agency spokesman Christopher Bentley. Of course, the statistics show otherwise. One very senior former USCIS confided in...
More... (http://blogs.ilw.com/gregsiskind/2010/08/h-1b-requests-for-evidence-have-doubled-in-the-last-year.html)
More... (http://blogs.ilw.com/gregsiskind/2010/08/h-1b-requests-for-evidence-have-doubled-in-the-last-year.html)
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indyanguy
08-01 09:42 AM
I've looked in the forums but haven't been able to find an answer for my question. Here's my situation:
EB3 I-140 pending under "Software Engineer" position. 485 has already been applied.
I would like to start a EB2 PERM for a "Senior Software Engineer" position.
Would this constitute a conflict of interest and jeopardize my EB3 140 resulting in a denial?
PS: The intent is to interfile when applying for EB2 140.
EB3 I-140 pending under "Software Engineer" position. 485 has already been applied.
I would like to start a EB2 PERM for a "Senior Software Engineer" position.
Would this constitute a conflict of interest and jeopardize my EB3 140 resulting in a denial?
PS: The intent is to interfile when applying for EB2 140.
more...
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No_GC_Yet
07-25 10:01 AM
Hello:
I got two EAD extensions in past and applied for the same third time. Earlier, EAD Renewals took only 2 weeks time ( from VSC). But this time it is not the case. It is still pending for 4 weeks now.
Are there any recent EAD renewals from TSC for anyone? Please let me know if anybody has similar case?
PS: Since my case(I-485) was transferred from VSC to TSC, I applied for EAD renewal at TSC this time.
Thanks
I got two EAD extensions in past and applied for the same third time. Earlier, EAD Renewals took only 2 weeks time ( from VSC). But this time it is not the case. It is still pending for 4 weeks now.
Are there any recent EAD renewals from TSC for anyone? Please let me know if anybody has similar case?
PS: Since my case(I-485) was transferred from VSC to TSC, I applied for EAD renewal at TSC this time.
Thanks
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brahmam
06-13 06:58 PM
Now that all are current, and we know the many benefits of an EAD ( primary being spousal employment) what exactly are the no-nos to apply for 485?
1. Even if you want to change jobs after 6 months, you gotta stick to the same position in the new company?
2. Any restrictions on travel?
3. Yearly EAD renewal can be a headache?
Any more?
P.S: Guys, I am as elated as any of you but just wanted some perspective before pushing my employer.
1. Even if you want to change jobs after 6 months, you gotta stick to the same position in the new company?
2. Any restrictions on travel?
3. Yearly EAD renewal can be a headache?
Any more?
P.S: Guys, I am as elated as any of you but just wanted some perspective before pushing my employer.
more...
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Blog Feeds
01-12 07:40 AM
AILA Leadership Has Just Posted the Following:
Okay, so Lou Dobbs appears on Bill O'Reilly's show last night. And Dobbs appears the more rational one. It is amazing what a desire to get into politics will do to one's "uncompromising" standards. Watch it here:
https://blogger.googleusercontent.com/tracker/186823568153827945-5822981281410072246?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/lou-dobbs-and-bill-orielly-surreality.html)
Okay, so Lou Dobbs appears on Bill O'Reilly's show last night. And Dobbs appears the more rational one. It is amazing what a desire to get into politics will do to one's "uncompromising" standards. Watch it here:
https://blogger.googleusercontent.com/tracker/186823568153827945-5822981281410072246?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/lou-dobbs-and-bill-orielly-surreality.html)
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aj130346
12-22 10:37 PM
Hi
My PD is Oct 2004. LC filed in TR. Should I push my company to file convert the case to RIR? How much time does is take? How much time does it take to file for 1-140 and get it in premium processing?
My objective is to change to a new job and port the PD. Please advise
My PD is Oct 2004. LC filed in TR. Should I push my company to file convert the case to RIR? How much time does is take? How much time does it take to file for 1-140 and get it in premium processing?
My objective is to change to a new job and port the PD. Please advise
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calboy78
07-25 07:42 PM
Pl take this poll - this will shed some light on how fast is USCIS
(1) 485 filed during June and receipted
(2) 485 filed on/after July 1 and receipted
Thanks.
(1) 485 filed during June and receipted
(2) 485 filed on/after July 1 and receipted
Thanks.
lucky2010
12-20 05:49 PM
Hello all,
I entered US on a valid h4 visa on june 2007.Filed for a h1b on march 2008 and got and stamped h1 on sep 2008.Cud not find job due to recession.Converted back to h4 on oct 2009.I have following questions
1) Is it possible to convert back to H1 or fresh H1 ?
2) will the time period i spent on h4 will be counted for my h1?
3) When i stamped my h1b earlier(oct 2008) it showed validity till sep 2011.Does that mean I have to apply h4 to h1 before that?
4) In case if i get a RFE on converting from h4 to h1 Can i stay back on my existing h4 visa?
5) I havnt ever worked on my H1 will that affect my conversion from h4 to h1 now?
It will be great if you can answer these questions.
Thanks,
Lucky
I entered US on a valid h4 visa on june 2007.Filed for a h1b on march 2008 and got and stamped h1 on sep 2008.Cud not find job due to recession.Converted back to h4 on oct 2009.I have following questions
1) Is it possible to convert back to H1 or fresh H1 ?
2) will the time period i spent on h4 will be counted for my h1?
3) When i stamped my h1b earlier(oct 2008) it showed validity till sep 2011.Does that mean I have to apply h4 to h1 before that?
4) In case if i get a RFE on converting from h4 to h1 Can i stay back on my existing h4 visa?
5) I havnt ever worked on my H1 will that affect my conversion from h4 to h1 now?
It will be great if you can answer these questions.
Thanks,
Lucky
Blog Feeds
12-18 09:40 AM
On November 27, the USCIS announced that they had received 58,900 H-1B petitions toward the 65,000 cap. So there are 6,100 numbers remaining, correct? (Update: By December 4, the USCIS had received 61,100 H-1B petitions toward the 65,000 cap.) Not exactly. We have Free Trade Agreements with both Singapore and Chile which set aside 6,800 "H-1B1" numbers for nationals of those countries. Do the math: 65,000 minus 6,800 equals 58,200. This means that the agency has received 700 more H-1B petitions than it can approve. Why then is the USCIS still accepting H-1B petitions? Because some of the petitions that...
More... (http://blogs.ilw.com/carlshusterman/2009/12/why-uscis-is-still-accepting-h1b-petitions.html)
More... (http://blogs.ilw.com/carlshusterman/2009/12/why-uscis-is-still-accepting-h1b-petitions.html)
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