Blog Feeds
10-15 06:30 PM
U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site (http://www.uscis.gov/portal/site/uscis). Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report:
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
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redgreen
11-17 12:01 PM
To my knowledge they consider the salary you were getting in the last one year to calculate UI benefits. If you are applying one year after the job loss, chances that you get anything is very low.
Anybody who is eligible to work in US and has enough work credit can apply for unemployment insurance benefits. I think, USCIS will know about this but sending RFE to people about this is not feasible.
Anybody who is eligible to work in US and has enough work credit can apply for unemployment insurance benefits. I think, USCIS will know about this but sending RFE to people about this is not feasible.
vikki76
09-07 05:45 PM
Option 1 should be sufficient even if SR was filed 2-3 days ago. I know lot of people who got InfoPass appt this way
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afp
02-25 01:50 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
more...
sertasheep
05-27 03:10 PM
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WAIT_FOR_EVER_GC
12-05 03:51 PM
Sure...
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
more...
raysaikat
07-08 07:32 PM
My H1b application was delivered to USCIS on July 1st. I just find FLC data center has updated new 2008-2009 prevailing wage database which is also effective on July 1st. If based on the previous 2007-2008 database, my salary is above the prevailing wage, but if based on the new one, my salary is a little below that one.
Which database whill USCIS choose to use on my case?
Sounds like the new one.
Which database whill USCIS choose to use on my case?
Sounds like the new one.
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nonlimit
02-10 07:20 PM
Hi,
I would have some questions concerning my case (didn't really find anything related).
- Up until December I was in the States under a F-1 visa.
- During December my H-1B was approved for my job which starts in February.
- I left the States at the end of December and reentered in February 2010 under the H-1B.
- I will start work in February and applied for a Social Security Number yesterday.
Now I'm not sure how to file taxes for 2009.
Due to the sign-up Bonus which I got for my new job I received a W-2 form which has 2009 written on it. 25% of my Bonus was withheld. Since I was a student in 2009 I'm not sure whether that is too much or the normal amount. Any ideas?
Are there any special forms I have to fill out due to this Bonus? Moreover: Is the Software I use for making my taxes independent of my Visa status? Do I have to indicate somehow that I was an F-1 last year and am now an H-1B. I mean I didn't even have a SSN last year.
I'm really lost here :(. Any help is appreciated.
Christian
I would have some questions concerning my case (didn't really find anything related).
- Up until December I was in the States under a F-1 visa.
- During December my H-1B was approved for my job which starts in February.
- I left the States at the end of December and reentered in February 2010 under the H-1B.
- I will start work in February and applied for a Social Security Number yesterday.
Now I'm not sure how to file taxes for 2009.
Due to the sign-up Bonus which I got for my new job I received a W-2 form which has 2009 written on it. 25% of my Bonus was withheld. Since I was a student in 2009 I'm not sure whether that is too much or the normal amount. Any ideas?
Are there any special forms I have to fill out due to this Bonus? Moreover: Is the Software I use for making my taxes independent of my Visa status? Do I have to indicate somehow that I was an F-1 last year and am now an H-1B. I mean I didn't even have a SSN last year.
I'm really lost here :(. Any help is appreciated.
Christian
more...
avantika.nandamuri
04-07 07:04 PM
I have valid H1 visa with Company A till sep 2009. I have applied for h1 transfer to company B in june 2008 and it's still pending without any RFE. I got an offer from Company C. Can I transfer my H1 to company C, when H1 transfer with company B is pending? Company A has revoked my H1. will that in any way affect my h1 transfer??
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Waitingnvain
10-23 05:15 PM
Hi Folks:
Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?
Thanks
Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?
Thanks
more...
guchi472000
11-21 09:02 PM
I am on H1b and working for a desi consulting company. My visa expired on Oct 30, 2010. My company applied for extension based upon my I 140 approved for 2years. I have valid EAD card. My wife is on H4, she doesn't have EAD.
Another company is offering me job and ready to transfer my H1b.
My Question:-
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
2) What if, The new company don't file AC 21?
3) What if the previous employer cancel my I 140.
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:
Another company is offering me job and ready to transfer my H1b.
My Question:-
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
2) What if, The new company don't file AC 21?
3) What if the previous employer cancel my I 140.
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:
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americandesi
09-17 12:03 PM
And when you invoke AC21.. You must have EAD in hand...
Please don't mislead people. You can invoke AC21 even with H1 transfer.
Please don't mislead people. You can invoke AC21 even with H1 transfer.
more...
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sunny1000
12-18 10:52 PM
The labor is for your future job that your company is offering (atleast technically). The LCA is based on your employer's address and NOT based on your address..As long as your employer doesn't move, it should be no problem. Of course, please check with an immigration attorney on this.:D
My company wants me to relocate to another state. Because of which I need to re apply for new LC for green card processing. My current approved LC is EB3. My question: To be able to apply for EB2 position, can I use training & experience gained in my current company?
My company wants me to relocate to another state. Because of which I need to re apply for new LC for green card processing. My current approved LC is EB3. My question: To be able to apply for EB2 position, can I use training & experience gained in my current company?
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Nil
03-24 11:04 PM
'Saw Fareed Zakaria mention the topic in GPS on Sunday.
Matt Frei questioned Eric Schmidt in BBC world news America yesterday. he responded it being one of the most stupid laws this country has ever had.
Smart ones are picking up - hopefully things will change over time.
Matt Frei questioned Eric Schmidt in BBC world news America yesterday. he responded it being one of the most stupid laws this country has ever had.
Smart ones are picking up - hopefully things will change over time.
more...
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Munna Bhai
02-07 03:17 PM
I have valid H1B visa in my passport.
Can I travel to India via London.
Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.
Call airlines and British embassy and they should tell you the updated rule.
Can I travel to India via London.
Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.
Call airlines and British embassy and they should tell you the updated rule.
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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)
more...
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supers789
09-15 03:04 PM
In that case may be for CP 22 Feb 2002 will be considered as cut off date & for AOS USCIS bulletin date will be considered. --
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06-06 11:52 PM
Ok, i'll do that tomorrow... and will leave just one square so that it is ALONE.
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jangolouis
03-19 10:49 AM
Here is the number of DOS: 202-663-1225.
gcisadawg
04-29 02:23 PM
What if you have AP but not used it, instead used the re-validation rule to enter into the country, using H1. Would that invoke abandonment of 485?
The scenario covers people who are working on H1B and have their I-485 pending and have not applied for AP and have a expired H1B visa stamp on their passport. It doesn't matter if they have a H1B extension on hand with a new I-94 stub. If they travel abroad, it could very well be considered as an abandonment although they might be permitted to re-enter under "automatic visa revalidation" rule.
If I've I-485 pending, i would never travel without an AP.
-GCisaDawg
The scenario covers people who are working on H1B and have their I-485 pending and have not applied for AP and have a expired H1B visa stamp on their passport. It doesn't matter if they have a H1B extension on hand with a new I-94 stub. If they travel abroad, it could very well be considered as an abandonment although they might be permitted to re-enter under "automatic visa revalidation" rule.
If I've I-485 pending, i would never travel without an AP.
-GCisaDawg
terpac
02-01 03:59 PM
Hi All,
I just received an RFE for my I140 which says:
-----------------------------------------------------
The ETA Form 9089 you provided indicates a requirement for a Master's or Bachelor's degre in a certain field of study.
Submit evidence that the alien obtained the required Masters or Bachelor's degree in Engineering or Computer Science, January 24, 2007. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and date of degree award, if any.
The job offered is for a software enigineer.
You have submitted a copy of a Masters Degree of Technology in Polymer Science and Technology and of the Bachelor's degree is in the discipline of Chemical Engineering with Speciality in Polymer Technology. If you have not been granted a Masters or Bachelors in the required field, provide proof that your degree(s) has the same elements as a Masters or Bachelors in the required field(s).
-----------------------------------------------------
How to proof that my degree(s) have same elements as a Masters or Bachelors in the required field(s) - the required fields being 'Engineering or Computer Science'? I think the confusion is because the title of my degree is 'Master of Technology' and not 'Master of Engineering'... same with Bachelors.. it is 'Bachelor of Technology' and not 'Bachelor of Engineering'. Anybody from India knows they are almost same. But how to prove it to INS?
Please reply ASAP so that I have time to execute the suggested steps. Any help is greatly appreciated. Thanks in Advance...
I just received an RFE for my I140 which says:
-----------------------------------------------------
The ETA Form 9089 you provided indicates a requirement for a Master's or Bachelor's degre in a certain field of study.
Submit evidence that the alien obtained the required Masters or Bachelor's degree in Engineering or Computer Science, January 24, 2007. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and date of degree award, if any.
The job offered is for a software enigineer.
You have submitted a copy of a Masters Degree of Technology in Polymer Science and Technology and of the Bachelor's degree is in the discipline of Chemical Engineering with Speciality in Polymer Technology. If you have not been granted a Masters or Bachelors in the required field, provide proof that your degree(s) has the same elements as a Masters or Bachelors in the required field(s).
-----------------------------------------------------
How to proof that my degree(s) have same elements as a Masters or Bachelors in the required field(s) - the required fields being 'Engineering or Computer Science'? I think the confusion is because the title of my degree is 'Master of Technology' and not 'Master of Engineering'... same with Bachelors.. it is 'Bachelor of Technology' and not 'Bachelor of Engineering'. Anybody from India knows they are almost same. But how to prove it to INS?
Please reply ASAP so that I have time to execute the suggested steps. Any help is greatly appreciated. Thanks in Advance...
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