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rockstart
10-06 11:35 AM
Employer needs to stop smoking weed and concentrate on work. Jokes apart there was no such proposal ever in pipeline so there is no way anything like this ever was approved. 6 year limit on H1 is a law that cannot be changed by admin process. It needs to pass house & senate. Also 6 year limit makes lot of people go back to home countries and uncle sam can consume their SS & Medicare taxes.
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senthil1
02-18 09:59 AM
Basically it will be approved as master degree if you have 4 year Bachlore degree and 2 Year Master degree. Any others are risk of approval. Also the job requirement should need Master degree with higher pay(compared to Eb3). I heard some Indians who had MSC was approved in EB2 but I heard lot people got rejected because they it is 3 +2 years term.
Your french degree has no compelling equivalency to a masters degree in u.s. educ. level. specially you are just a neophyte in your field (1yr) better apply in quebec ...:( :(
Your french degree has no compelling equivalency to a masters degree in u.s. educ. level. specially you are just a neophyte in your field (1yr) better apply in quebec ...:( :(
sinemkeceli
01-24 11:03 PM
I had a opt which expired on the 9th. of november and on june 08 i applied to start green card process with help of a lawyer.I have a master degrees from the US and my lawyer told me that i did not need to apply for a H1 visa or a work permit and could directly go for green card. we started the process in june 08 and I applied to eta 9089 on september 08 and could not get any reply back for almost 5 months. My lawyer tells me that it is normal to not get an answer for so long even thought I think we had to get an answer in 3 to 4 weeks after september. Now, my lawyer suggests me to go back to my country as my status will be put of satatus and I could continue my green card process from back home.
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
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Blog Feeds
03-21 09:30 AM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
Nearly 300 illegal immigrants with criminal convictions were arrested last week in Texas, the Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/022510dnmeticeraids.1572cfa1e.html) reports. The largest number of arrests, 119, were in North Texas. According to the article:
Of the total, about half of the immigrants had convictions for violent crimes or drug offenses. Most of the crimes were committed in the United States, authorities said.
The arrests, though, raises questions about why the immigrants hadn’t been deported earlier, immediately after they'd served their time for criminal convictions.
A new program, called Secure Communities, seeks to link jail staff with federal data banks to ensure that those with criminal convictions are removed from the country. There are only 110 jail locations in the country that now use the program.
Secure Communities has come under scrutiny for the relatively low number of persons caught who have been convicted of violent crimes – or what’s known in ICE as a "level one" offense.
Carrollton, Farmers Branch, Irving, Mesquite and Dallas and Denton counties are among the jurisdictions using Secure Communities processes. The program began in November 2008.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/300-immigrants-with-criminal-records-arrested-in-texas.php)
Nearly 300 illegal immigrants with criminal convictions were arrested last week in Texas, the Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/022510dnmeticeraids.1572cfa1e.html) reports. The largest number of arrests, 119, were in North Texas. According to the article:
Of the total, about half of the immigrants had convictions for violent crimes or drug offenses. Most of the crimes were committed in the United States, authorities said.
The arrests, though, raises questions about why the immigrants hadn’t been deported earlier, immediately after they'd served their time for criminal convictions.
A new program, called Secure Communities, seeks to link jail staff with federal data banks to ensure that those with criminal convictions are removed from the country. There are only 110 jail locations in the country that now use the program.
Secure Communities has come under scrutiny for the relatively low number of persons caught who have been convicted of violent crimes – or what’s known in ICE as a "level one" offense.
Carrollton, Farmers Branch, Irving, Mesquite and Dallas and Denton counties are among the jurisdictions using Secure Communities processes. The program began in November 2008.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/300-immigrants-with-criminal-records-arrested-in-texas.php)
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jkays94
06-21 06:46 PM
Thanks for reply
How can I find was it for misdemeanor or battery or felony?
I-485 part III would require you to answer 'yes' to the following question:
Have you ever, in or outside the United States:
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?
Your best bet would be to conduct a background check in your state to see if it shows up on your record. You might want to consult a lawyer to see if this shows up in police or other records as well. Ironically I recently heard of a lawyer who recently advised someone to answer no to the question for a DWI since it was a 'traffic violation'. Note that if you answer yes you have the opportunity to explain on a separate piece of paper.
How can I find was it for misdemeanor or battery or felony?
I-485 part III would require you to answer 'yes' to the following question:
Have you ever, in or outside the United States:
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?
Your best bet would be to conduct a background check in your state to see if it shows up on your record. You might want to consult a lawyer to see if this shows up in police or other records as well. Ironically I recently heard of a lawyer who recently advised someone to answer no to the question for a DWI since it was a 'traffic violation'. Note that if you answer yes you have the opportunity to explain on a separate piece of paper.
zephyrr
05-22 09:40 AM
my lawyers have indicated that i would need a 551 stamp in the passport if the card doesn't arrive on time, using AP etc is not an option.
anyone been through this situation and has more details?
thanks
anyone been through this situation and has more details?
thanks
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grupak
11-17 06:41 PM
Great editorial!
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die_exquisita
06-03 06:23 AM
Hello,
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
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fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
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iman.karta
12-27 04:23 PM
Hi Starscream,
I am currently in the same situation like you are (and hopefully were?); they are a mistake in filling the ETA9089.
The error is in such a way that from USCIS point of view, I worked during the gap of period between my OPT and H1-B transition.
So I guess I just want to know how your case is resolved? That way I have an idea what will happen to mine. ;(
Thanks for the info!
I am currently in the same situation like you are (and hopefully were?); they are a mistake in filling the ETA9089.
The error is in such a way that from USCIS point of view, I worked during the gap of period between my OPT and H1-B transition.
So I guess I just want to know how your case is resolved? That way I have an idea what will happen to mine. ;(
Thanks for the info!
more...
gccube
06-15 03:55 PM
It was applied in April at TSC and it was a substitution case.
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apriti
10-04 12:11 PM
Hi,
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
more...
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waitingnwaiting
12-03 02:03 PM
I got laid off recently.
Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?
Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?
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ChainReaction
02-19 07:31 AM
Hi,
I just saw on DOL website that my PBEC labor has been approved, on the other hand my old i-140 is stuck in NSC filed Sept 9th, 2006 EB3.
My question is how can i port my old PD? Should i wait for the old i-140 to be approved and then file for the new one or is there a way i can use the old i-140 later on during the 485 filing time to port the PD?
Any suggestion will be appreciated.
I just saw on DOL website that my PBEC labor has been approved, on the other hand my old i-140 is stuck in NSC filed Sept 9th, 2006 EB3.
My question is how can i port my old PD? Should i wait for the old i-140 to be approved and then file for the new one or is there a way i can use the old i-140 later on during the 485 filing time to port the PD?
Any suggestion will be appreciated.
more...
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coolstonesa
04-28 11:17 AM
Though I am still stuck at LC process, I am curious to know if you are required to attach copies of W2 or tax returns with your I485 application? Is there any specific requirement from USICS on this or recent paystubs and letter from employer should be enough?
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americandesi
02-01 01:22 PM
Most of the times all they want it that you introduce them as a sub vendor and pay them $2-5/hr. So the new relation ship will be
Z -> New Vendor -> Y -> X -> You
On the other note, these kinds of multiple layers are illegal and subcontracting is not allowed as per H1 rules.
Refer the following thread
http://immigrationvoice.org/forum/showthread.php?t=12185
Z -> New Vendor -> Y -> X -> You
On the other note, these kinds of multiple layers are illegal and subcontracting is not allowed as per H1 rules.
Refer the following thread
http://immigrationvoice.org/forum/showthread.php?t=12185
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cantwait4gc
09-13 09:56 PM
Here is my situation.....
My EB3 140 approved with priority date 01June2002 --> Company A
My EB2 140 pending with priority date 10May2006 -->Company A (different title...future position)
Can i port my EB3 priority date (June 2002) to EB2 application & apply I-485?.If i do, will my EB3 140 gets invalid?.I will need to file 3 year H1B extn(in Oct) based on my approved EB3 application & don't want to loose my approved 140.
Thanks in advance for your help.
My EB3 140 approved with priority date 01June2002 --> Company A
My EB2 140 pending with priority date 10May2006 -->Company A (different title...future position)
Can i port my EB3 priority date (June 2002) to EB2 application & apply I-485?.If i do, will my EB3 140 gets invalid?.I will need to file 3 year H1B extn(in Oct) based on my approved EB3 application & don't want to loose my approved 140.
Thanks in advance for your help.
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Thank you
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krishna_brc
02-02 04:47 PM
I have received my green card 5 months ago and still working for the same GC filing employer(a consulting company). My wife had an RFE on her GC, since she could not take MMR at 2007 fiasco time. We have recently replied with the evidence. Now my project is getting over at the client site in next couple of weeks. I am sure that I can lose my job at consulting company also.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
Since you are the primary applicant and a Legal Permanent Resident - Offically!!!
i do not see any implications to your spouse's application.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
Since you are the primary applicant and a Legal Permanent Resident - Offically!!!
i do not see any implications to your spouse's application.
gc28262
02-04 08:45 PM
I have mis-placed my EAD. Normally I can just apply for another EAD. But, I will be travelling to India in Mid March on Advance Parole and I'm not sure if I'll get the EAD by then.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
EAD is not needed while entering on AP. 485 receipt notice is sufficient documentation while entering on AP.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
EAD is not needed while entering on AP. 485 receipt notice is sufficient documentation while entering on AP.
Karthikthiru
06-01 05:45 PM
Yes, you can. I have done the same. Send me a PM if you need details about that. In my case I moved from Dallas to Austin
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