Green.Tech
03-20 02:52 PM
Check with the prevailing wage for your new location that matches your job title/description. It needs to be close to that.
The salary needs to be 'at' or 'above' the prevailing wage, not 'close' :)
The salary needs to be 'at' or 'above' the prevailing wage, not 'close' :)
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Blog Feeds
12-18 09:50 AM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
p_kumar
07-20 01:27 PM
Sorry to post it here.I did not know how to create a thread.:o
Will this priority dates becoming current, affect the processing time of family based I-485?.my sis is a US citizen filing for my parents GC.It usually comes in 3 or 4 months but now ?????/
any replies are appreciated. :D
Will this priority dates becoming current, affect the processing time of family based I-485?.my sis is a US citizen filing for my parents GC.It usually comes in 3 or 4 months but now ?????/
any replies are appreciated. :D
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lkapildev
04-17 01:06 PM
What was your own LC PD? Nothing personal just out of curiosity...
I never filed LC before. I am in last year on L1B.
I never filed LC before. I am in last year on L1B.
more...
Blog Feeds
01-27 06:40 AM
Some good news for visa (http://www.h1b.biz/lawyer-attorney-1137085.html)holders that are about to loose their visa sponsored jobs or already lost the visa job. In a decision issued today by the Board of Immigration Appeals (BIA) in Matter of Neto, which empowers immigration judges who are considering deportation of individuals with approved work-related visa petitions and pending permanent residence applications. The issue at stake is whether an immigration judge has the authority to decide whether the approved visa petition - issued for one job - remains valid when the individual changes jobs. Without a valid visa petition, the individual will not be eligible for permanent residence.
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
abhijitp
07-04 02:06 AM
Good one!
more...
ursosweet
07-17 08:06 PM
Hi everybody
My lawyer had filed my 485 eb2 on july 2 (under july bulletin).
Now that the bulletin has been re-instated, i am getting nervous thinking if my lawyer filed the application complete or in a hurry she missed something. Obviously, i do not think it'll be right to ask her if she filed it properly.
Under what circumstances can the application be rejected right away even before they have issued the WAC#??
and my 140 is pending....what happens if my lawyer forgot to attach the 140 reciept? Can they still send it back??
thanks
pk
My lawyer had filed my 485 eb2 on july 2 (under july bulletin).
Now that the bulletin has been re-instated, i am getting nervous thinking if my lawyer filed the application complete or in a hurry she missed something. Obviously, i do not think it'll be right to ask her if she filed it properly.
Under what circumstances can the application be rejected right away even before they have issued the WAC#??
and my 140 is pending....what happens if my lawyer forgot to attach the 140 reciept? Can they still send it back??
thanks
pk
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Green_Always
07-28 08:20 PM
fyi
Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)
Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)
more...
kaushik07
11-07 03:07 PM
My application was received on July 3 at NSC. Till now, I haven't received any notices. I got the RNs by calling USCIS.
Now, I placed an expedite order on my EAD on Friday. They sent me a mail saying my app was received on Oct 10 and not July 3 (yeah right! if it was oct 10, why would you even accept it?). So I faxed them the fedex delivery signature confirmation. Today I see a LUD on my EAD app but nothing else has changed.
Can anyone shed some light on what might possibly going on here? I can probably wait for some more time to find out for sure but I am curious. Guys with approved EAD - did you see a LUD on your app before it was approved?
Thanks
Iam a july 2nd filer at NSC and haven't received my receipt numbers yet. can I ask you when you got your receipt numbers? Thanks a lot!
Now, I placed an expedite order on my EAD on Friday. They sent me a mail saying my app was received on Oct 10 and not July 3 (yeah right! if it was oct 10, why would you even accept it?). So I faxed them the fedex delivery signature confirmation. Today I see a LUD on my EAD app but nothing else has changed.
Can anyone shed some light on what might possibly going on here? I can probably wait for some more time to find out for sure but I am curious. Guys with approved EAD - did you see a LUD on your app before it was approved?
Thanks
Iam a july 2nd filer at NSC and haven't received my receipt numbers yet. can I ask you when you got your receipt numbers? Thanks a lot!
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prasadn
12-17 03:20 PM
My current status is H1B with I-140 approved. I am planning for a fulltime MBA for which I have to transfer my visa to student visa. I heard from some sources that I cannot transfer to student visa when my 140 is approved. Does anyone here knows how far this is true?
Sandy
I hope you do understand that once you change status to F-1, you essentially are losing your priority date and your GC application. Also, you will not be able to get a F-1 visa stamp on your passport as you cannot prove that you don't have an intention to immigrate (because you already had applied for and got an I-140 approved).
Thanks,
Prasad
Sandy
I hope you do understand that once you change status to F-1, you essentially are losing your priority date and your GC application. Also, you will not be able to get a F-1 visa stamp on your passport as you cannot prove that you don't have an intention to immigrate (because you already had applied for and got an I-140 approved).
Thanks,
Prasad
more...
AmericanDreamZ
10-19 01:36 PM
H1, H4 (spouse) and H4 (kid) living happily.
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
This is just my thought, I would believe when the father (or whoever was on H1) uses EAD, the subsequent H4's would get canceled and their status would be Pending AOS. If 485 is denied, and if H1 person has not used EAD, then both son and mother can re enter on H4.
-Suraj
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
This is just my thought, I would believe when the father (or whoever was on H1) uses EAD, the subsequent H4's would get canceled and their status would be Pending AOS. If 485 is denied, and if H1 person has not used EAD, then both son and mother can re enter on H4.
-Suraj
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Annabel
05-13 05:47 PM
Can anyone tell me how serious this is?
We filled out all paperwork and forwarded to the lawyers 3 weeks ago, who filed it for us.
As I'm writing out a proxy for my dad to vote in my homecountry in upcoming elections, I somehow realize I wrongly entered his birthday on the G-325A, I put down June 6th, rather then June 8th. (got confused mixing it up with my husband's birthday)
Totally stupid :o, I know, I know. I'm so worried over this now, I can't sleep anymore, I can't eat anymore :(.
Of course I have already filled out a corrected G-325A & forwarded it to the lawyers handling our applications, but what could the consequences be? I'm so worried!
This was just a mistake made in a moment of not paying attention. :( :(
We filled out all paperwork and forwarded to the lawyers 3 weeks ago, who filed it for us.
As I'm writing out a proxy for my dad to vote in my homecountry in upcoming elections, I somehow realize I wrongly entered his birthday on the G-325A, I put down June 6th, rather then June 8th. (got confused mixing it up with my husband's birthday)
Totally stupid :o, I know, I know. I'm so worried over this now, I can't sleep anymore, I can't eat anymore :(.
Of course I have already filled out a corrected G-325A & forwarded it to the lawyers handling our applications, but what could the consequences be? I'm so worried!
This was just a mistake made in a moment of not paying attention. :( :(
more...
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justAnotherFile
06-29 12:36 AM
he is just fooling you.
he means he will send out the package (file) on July 2 and it will reach USCIS on July 3. there is no other way to do it
he means he will send out the package (file) on July 2 and it will reach USCIS on July 3. there is no other way to do it
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jessy-james
03-26 03:44 PM
I have got my EAD, and my application was filed in EB3, 2005 in perm.
With the kind of speed USCIS is working with, I fear I would never get my GC.
Whereas My brother is a Citizen. Can it be possible that he files family based GC for me ?
I have read that for family based applications they regard the priority date as date of filing I-130.
If I do so, will my current process be wiped off ?
what are the repurcussions.
Please advice.
With the kind of speed USCIS is working with, I fear I would never get my GC.
Whereas My brother is a Citizen. Can it be possible that he files family based GC for me ?
I have read that for family based applications they regard the priority date as date of filing I-130.
If I do so, will my current process be wiped off ?
what are the repurcussions.
Please advice.
more...
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nashorn
12-12 04:22 AM
The basic fact is that people come here to save money, otherwise they'll hire an attoney for their immigration need. So it is bond to be hard to ask money from them.
But I think they'll be glad to do so if they were asked to click 10 times on an ads everytime they visit this site. Will this make money?
Another thought, maybe IV can make something for sale on this site. It's always easier when there is some sort of medium, cookies, fund-raising diner, fund-raising concert, etc. Just simply asking for money seems not work that well.
Just some thoughts, you guys have good judgement.
______________________
When can I become a senior member?
But I think they'll be glad to do so if they were asked to click 10 times on an ads everytime they visit this site. Will this make money?
Another thought, maybe IV can make something for sale on this site. It's always easier when there is some sort of medium, cookies, fund-raising diner, fund-raising concert, etc. Just simply asking for money seems not work that well.
Just some thoughts, you guys have good judgement.
______________________
When can I become a senior member?
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07-15 12:23 AM
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alterego
12-15 10:08 PM
Looks like for EB2 2005 cases they are giving 2 yr EADs. Has anyone with 2003 or 2004 cases recieved a 2 yr EAD?
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sac-r-ten
03-22 12:10 PM
total time in labor with news paper advt and all buffer is 6-8 months. I140 take another 2 weeks in premium processing. so in all 9months approx. that should give further extension on H1b.
Also even if previous I140 is revoked, you can have your PD attached to this new labor during I140 application.
good luck.
Also even if previous I140 is revoked, you can have your PD attached to this new labor during I140 application.
good luck.
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ricky26
04-24 12:26 PM
Mostly they do not ask you 797 if you have valid stamping. You need to show new original 797 only if you have extended one, so that they will issue i-94 till end of your extension, otherwise your i94 will have expiry date (of stamping in passport ) as your end date of I-94.
Does that makes sense ?
Does that makes sense ?
perm2gc
05-27 10:33 PM
I am stuck in PBEC. Please let me know if you need any information.
please contact pdakwala at the number he mentioned in the thread.
please contact pdakwala at the number he mentioned in the thread.
kaisersose
07-28 03:48 PM
Hi,
I am presently working on L1B for company A. This year Company B applied for H1B and same is approved received the approved letter with I-94.
Now I would like to continue in my current job with Company A till I find long project (Minimum 6 Months). My question here is can I continue in my current job after OCT 1st in my L1B Status.
If I want to continue in L1B status what should I do? As of I heard if I travel out of the states and reentered in US after OCT2nd on L1B visa I can continue with L1B status. then what happens to my H1B status? Can I directly move to H1B status when I find a project from Company B?
Please let me know how I should proceed to keep L1B and H1B status valid after OCT1st?
To keep your L alive after Oct 1st, you should travel out of country before that date and return on L on or after the 1st.
But now your H will no longer be valid. To activate it, you will have to go out, get a visa stamped and return using the new visa. Alternatively, you can also apply for a brand new H-1b as you have been counted against the cap. This new H-1b can be applied as a change of status from L.
I am presently working on L1B for company A. This year Company B applied for H1B and same is approved received the approved letter with I-94.
Now I would like to continue in my current job with Company A till I find long project (Minimum 6 Months). My question here is can I continue in my current job after OCT 1st in my L1B Status.
If I want to continue in L1B status what should I do? As of I heard if I travel out of the states and reentered in US after OCT2nd on L1B visa I can continue with L1B status. then what happens to my H1B status? Can I directly move to H1B status when I find a project from Company B?
Please let me know how I should proceed to keep L1B and H1B status valid after OCT1st?
To keep your L alive after Oct 1st, you should travel out of country before that date and return on L on or after the 1st.
But now your H will no longer be valid. To activate it, you will have to go out, get a visa stamped and return using the new visa. Alternatively, you can also apply for a brand new H-1b as you have been counted against the cap. This new H-1b can be applied as a change of status from L.
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