Monday, June 13, 2011

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  • Eb3_frustrated
    03-17 11:14 AM
    Junoo,

    Good to see you getting optimistic, I saw your frustration at April visa Numbers and glad to see you back with green $$$ this time !!

    Bill introducted by Sen. Frist is great news, even though it is still in initial stages [Cross our fingers] glad we have something positive happenning.

    We need to work harder and make sure it passes the house and becomes a law..long path and we should remain focussed every step of the way.

    Thanks once again for your contribution and congratulations for your change in attitude.

    Just contributed $100.00. Will contribute more in Future...!





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  • pd_recapturing
    12-02 07:25 PM
    Thanks for sharing this news. Here is the link (http://www.immigration-information.com/forums/showthread.php?p=25832).

    This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.

    We are working on 2nd phase of our campaign.





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  • veni001
    01-18 11:24 AM
    My h1 started in 2009 October which means I have 4 years and 9 months more of h1 left with me
    Do you think moving to a new company should be a better idea?
    considering the fact that my application would be rejected eventually?
    any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
    should i just wait and see if i get audited and if I do just move to a new place?
    What would be my best bet?
    -chehuan

    Chehuan,
    Even if you change your job there is no guarantee that your New PERM/I140 won't get audited with new employer! So it all depends on the JOB and the employer. Best bet would be get EB3140 approved and then try to find a EB2 qualified Job and willing employer. Remember not all Jobs qualify for EB2! DOL and USCIS know the minimum job requirements for almost every position they receive PERM/I140 application. The more employer/attorney's try to apply for EB2 the more audits DOL/USCIS will follow.:(





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  • eilsoe
    10-02 01:40 PM
    No the colors and all where made in photoshop, what I started with in 3dsmax was just a blob...


    well, just search for photoshop tutorials on altavista, that's how i started out...



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  • rbashir
    09-01 03:43 PM
    Guys , Thanks very much for your response and all the support, I do have another question about the affidavit, what comprises an affidavit from a friend, would it be on letter head how to prepare one

    Thanks





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  • HRPRO
    03-08 02:28 PM
    thats what gist of it i was not there
    the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.

    MSG,

    Without knowing all the details and reading in between the lines, one of these is what I think could be the reasons for rejection.

    1) As a consultant you dont report to a client on a day to day basis. That enters the grey area of client-consultant relationship.

    2) The client letter has to clearly state the address where the consultant is working and the LCA should match the client letter.

    I think one of these would not have satisfied the VO's questions and could have triggered the rejection.

    The solution though is to have an attorney represent the firm and file an amended petition with Premium Processing and Consular notification and forward the approval to your brother. Ofcourse have the atorneys review the client letter as well. Most corporate attorneys do it.



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  • h1techSlave
    11-18 05:39 PM
    Since you are from Russia it may be wiser to stick with EB3. I am assuming that the priority date for EB3 will be very close to current when you are ready to file for 485. EB2 of course is always current.

    Filing in EB2 is riskier, since you and employer will have to prove to USCIS that 1. the employer has a requirement for a person with EB2 qualifications and 2. you have those qualifications.

    If you were from heavily retrogressed countries such as India and China, then taking a risk and filing in EB2 is worth it. For India/China:
    EB3 --> GC when you are ready to marry off your grand children
    EB2 --> GC when you are ready to marry off your children

    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?

    2. How long does it take if to process it using EB2? I am from Russia.

    3. Is it possible to switch to EB2 somehow?

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    5. At what step of GC processing can I change a compamy that I work for?

    Thank you
    Michael





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  • Desertfox
    02-07 06:33 PM
    desi3933, Thank you so much for posting this document. I will keep a copy of this with me while travelling through the border cities.

    I understand that "AOS Pending" is nothing but an authorized period of stay, but thats all you need to get resident tuition fee from a state University, if you have been a state resident for 12 months. AOS applicants are also entitled to federal student loan once there is a parolee stamp on I-94. My wife recently transferred from a community college to a State University for an undergraduate degree and she just submitted I-485 receipt to get resident tuition. Even this University website has "I-485 Receipt Notice" listed as acceptable document in proof of resident status. I was quite surprised when my application was denied resident status by this other University. I am filing an official complaint with the Department of Justice as advised by my Congressman's office.



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  • martinvisalaw
    04-19 02:37 PM
    USCIS also has guidance on its website here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cab23e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=cab23e4d77d73210VgnVCM100000082ca60a RCRD)

    **************
    Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption

    Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.

    Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.



    Extend My Stay

    If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.

    You may apply to extend your stay if:

    * You were lawfully admitted into the United States with a nonimmigrant visa
    * Your nonimmigrant visa status remains valid
    * You have not committed any crimes that make you ineligible for a visa
    * You have not violated the conditions of your admission
    * Your passport is valid and will remain valid for the duration of your stay

    You may not apply to extend your stay if you were admitted to the United States in the following categories:

    * Visa Waiver Program
    * Crew member (D nonimmigrant visa)
    * In transit through the United States (C nonimmigrant visa)
    * In transit through the United States without a visa (TWOV)
    * Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa)
    * Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)

    For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.


    Last updated: 04/18/2010





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  • trsspk
    01-08 04:32 PM
    My view is little different, my friend(32 age) who is a business man (an engineer and MBA)..went with his wife and two kids to b2 stamping, got multiple entry visa for 10 yrs. His preparation is very simple, he showed his business commitments and need of his presence to the businesses he is handling and second..he could convince the consulate that he is visiting to US for the sake of kids enjoy desney...he previously visited s'pore and klm...
    if your folks are doing a honest visit..i would suggest them not to show any siblings in US and they show their ability to fund their trip and a convincing reason..(like second honeymoon...or any business conference)...and i remind you there is no set pattern that a few will get and a few won't get...its all up to how you present your case....goodluck



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  • Libra
    08-03 10:17 AM
    Guys, please consider contributing for sept rally............





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  • mammoy2k
    01-14 05:11 PM
    Check out venture fund organizations in your area (such as sdvg.org). Also prominent universities such as Duke/Stanford/UPenn have Startup Challenges (google duke/stanford/wharton startup challenge).

    The first thing you need to do though is to figure out what you want to do and what you are good at. You need to define a field such as biotech, CAD, supply chain etc and network with the people in this segment (www.linkedin.com is one source). But you have to be very careful when you apprach these people. Dont sound impatient and understand that they are busy people. If you are from IIT/MIT dont flaunt it. No one cares.

    Coming to the second point, you may start a company but you need to be willing to give command to someone else, if needed. You may be a super techie but running a business requires different skills (soft skills and business skills). So move out of the CEO chair, if needed. It is here where I see greatest difficulty with Tech people. They get into love of the tech they developed and think that customers would line up for the better mouse trap they built. Unfortunately that rarely happens.

    Disclaimer: a former scientist who moved to business side.

    For a long time, I have had this urge to be self employed but personal reasons and the immigration system was a deterrent factor for me in turning this into a reality. Now that I have an EAD, I would like to reexplore this idea and wanted to know if there are any entrepreneurial organizations that I could become a member of that will help me network with like minded people. I have heard of TiE and am getting to know more about this organization. If any of you are members, feedback on how it has helped you will help a lot of people planning to join. Are there any other clubs/orgs that help people like me can bounce ideas off of and help bring together like minded people under the same roof?

    Thanks

    PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.



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  • VivekAhuja
    08-21 06:28 PM
    You can work as many hours as you like when on H1B. The only requirement is that you work for the SAME EMPLOYER that sponsored your H1B.

    Letter for parents to come if required only when getting visa at the consulate (addresses to Consular Gen.). Nothing is needed at Port Of Entry. They are Immigration Officers at POE, but the only questions they will ask is where will they stay? What is your name? where you work? etc. Simple Qs.





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  • Ann Ruben
    02-24 09:22 AM
    I disagree. We need to know why the extension was denied and then assess the risk of delay, or even denial of the H-4 at a consul. If she leaves the US and there is a problem at the consul, you could be in for a very long separation.



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  • Blog Feeds
    09-12 09:40 AM
    AILA Leadership Has Just Posted the Following:


    Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer

    Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.

    The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.

    More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).

    The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.

    While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)





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  • gcnirvana
    06-18 05:06 PM
    Here is my situation:
    I-140 approved and about to file 485.
    Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
    Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?


    Yes It applies to new employer as well.

    Here is my timeline

    on h1 to US in 2001
    filed labor in 2003 approved
    Filed i 140 and i485 in 12/2003
    Changed job to another employer on 05/2005 using EAD
    got married, couldn't file for wife's GC
    Applied for h1 through new employer in 2006
    Premium processing of H1 approved in 15 days. Got wife here on H4
    approved for 3 years for using I 140
    PD current as of June 2006, filed for wife's GC who came here on H4


    EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.



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  • niklshah
    02-03 05:26 PM
    Hey guys, can anyone help? I�ve been disconnected from the site for a while due to personal reasons. Does anyone know approximately the following?

    1- Approximate PERM processing times (from filing time) for EB2
    2- Approximate I-485 and I-140 processing times from filing date for EB2
    3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
    4- Are I-140 and I-485 still being filed concurrently?

    I know there are trackers, but I find them all confusing!

    Sorry for the many questions. This would help me a lot! Thanks in advice for any input guys!

    (or send me a private message if easier, thanks!)



    Hey jamie,

    if any one knew this answers they will become immigration consultant trust me and will make big bucks.... USCIS has miraculous ways to function any thing can happen any time.......





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  • sapking
    07-18 01:41 AM
    Consult with experienced immigration attorney.





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  • Vsach
    01-10 06:45 PM
    Core maintaining a low profie?;)





    gc_hopful
    06-04 04:06 PM
    Hi,
    My status on the DOL website shows 'CERTIFIED'. How long after status 'certified' will the attorney get hard copy of the approval notice so we can proceed wth I-140. It has been almost 1 and 1/2 weeks since I saw my status as certified.
    Also, how soon after applying I-485 can we travel abroad.

    Thanks in advance.
    GC_HOPFUL





    Gravitation
    07-17 04:37 PM
    http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html



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