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09-09 07:30 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
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radhagd
02-20 09:21 AM
Yes you can use your Company A experience for applying EB2 in COmpany B.
alterego
07-06 04:35 PM
I think it means if you sent in your application then you can get a receipt by the date listed.
Atleast thats the interpretation I got from it.
Atleast thats the interpretation I got from it.
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determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
more...
arc
02-09 08:46 PM
Call or Visit your nearest Indian Embassy they should have information on their web site, they usualy take a week and charge 40$.
I did it 1 year back I remember the procedure was real straight forward in San Fancisco.
good luck,
I did it 1 year back I remember the procedure was real straight forward in San Fancisco.
good luck,
bank_king2003
04-23 06:49 PM
Thanks aruben for your reply.
the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.
Regards,
the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.
Regards,
more...
wandmaker
08-25 01:19 PM
Hi,
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
PD on your profile does not sound realistic, whats your actual PD? I assume you have not filed your 485 according to your profile. This may help throw some opinions.
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
PD on your profile does not sound realistic, whats your actual PD? I assume you have not filed your 485 according to your profile. This may help throw some opinions.
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martinvisalaw
06-16 11:09 AM
Not all non-profits are cap-exempt.
He could theoretically apply for a change of status from B-2 to H-1B. However he should not be using the B-2 to look for work. Any change of status, or H-1B visa application at a consulate, might bring up the questions of his activities in B-2 status, and whether he misrepresented anything. If he found a job while in the US in B-2 status, his activities in B-2 status might be questioned.
He could theoretically apply for a change of status from B-2 to H-1B. However he should not be using the B-2 to look for work. Any change of status, or H-1B visa application at a consulate, might bring up the questions of his activities in B-2 status, and whether he misrepresented anything. If he found a job while in the US in B-2 status, his activities in B-2 status might be questioned.
more...
dixie
12-18 10:43 AM
Neither can I. By the way, it is notable that the Princeton event came bang in the middle of our big push in Washington during the fag end of the LD session. Wonder if any of the core members could make it to the event given how critical that particular week end was to us.
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dngoyal
11-03 03:58 PM
I was looking at status of my EAD I applied on 15th October'2008 online at TSC.Status shows that my card has been ordered for production on 31st October.I received letter for Biometric appointment on 5th November. I went to ASC on Saturday( 11/1/2008) and had my fingerprinting done.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
more...
ajobha
08-02 11:43 AM
hi guyz,
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
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smuggymba
12-09 06:25 PM
LOL.
Forget about Indian or Bangladeshi - what is your real citizenship?
Are you indian just born in Bangladesh or a Bangladeshi who was enjoying indian citizenship until you realized it's a retrogressed country.
Forget about Indian or Bangladeshi - what is your real citizenship?
Are you indian just born in Bangladesh or a Bangladeshi who was enjoying indian citizenship until you realized it's a retrogressed country.
more...
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Since1997
09-28 04:09 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
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tiinap
03-24 01:40 PM
"Is it usual for big employers to already have H1 visas to sponser you on".. All I know is that employers cannot have blank visas for hiring whom they want. They have to file a new application for a specific employee, so they have to start from scratch.
If your F1 covers you for 2.5 years, then there's some hope that immigration laws will change during this time. Because right now it's a nightmare. If nothing changes in the laws and cap number stays at ~65,000, then you will have to win a lottery to get an H1. We'll see on April 1, but most likely there is also a lottery for Master's degree holders.
If your F1 covers you for 2.5 years, then there's some hope that immigration laws will change during this time. Because right now it's a nightmare. If nothing changes in the laws and cap number stays at ~65,000, then you will have to win a lottery to get an H1. We'll see on April 1, but most likely there is also a lottery for Master's degree holders.
more...
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zico123
05-17 11:02 AM
BBC news article: http://news.bbc.co.uk/2/hi/business/6665913.stm
A diplomatic row is brewing between the US and India over how companies issue temporary working visas to staff.
.....
Mr Nath {Indian commerce minister Kamal Nath} says that he is concerned that the US authorities want to reduce the number of temporary working visas issued each year.
A diplomatic row is brewing between the US and India over how companies issue temporary working visas to staff.
.....
Mr Nath {Indian commerce minister Kamal Nath} says that he is concerned that the US authorities want to reduce the number of temporary working visas issued each year.
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skilledWorker
08-18 01:09 AM
You are on AOS PENDING status. Since u've a valid H1 stamped in ur passport, you are free to roam in-and-out of the country without any issues.
Your H-1 will be invalid until your 485 is approved or you use EAD to work or AP to re-enter US.
Your H-1 will be invalid until your 485 is approved or you use EAD to work or AP to re-enter US.
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ssdtm
12-12 04:10 PM
Depends on when you sent your H1 renewal application. If you expect the approval by Jan, then you can wait as you can get at least 3 yrs of DL (p.s. - some states give DL beyond the visa expiry date)
Otherwise, use EAD to get DL for 2 yrs.
Otherwise, use EAD to get DL for 2 yrs.
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dealsnet
10-12 02:03 PM
You want to bring him and file I130 ?
If he marry a US citizen, she can file his I-130 eventhough he is out of status.
(If the entry into USA is legal and out of status later, can adjust, if filed by spouse)
For parent , brother/sister filing, I don't know and I don't think it is possible.
Hi
My brother got a B1/B2 multi-entry visa for 2 years. My mother is a green card holder and my brother didn't want her to submit an I-130 on his behalf since she became a US resident. The reason was because one of the questions that the embassy asks when you apply to get a visa to enter the US is weather a relative submitted an I-130 on your behalf or not. If yes then the embassy thinks of you as you want to enter the US and remain there until ur I-130 is approved and a visa number is available.. my question is since my borther got his visa, will it be ok for my mother to submit an I-130 on his behalf now without having the embassy rejecting him B1/B2 visa in the future(that is after his current B1/B2 visa expire in 2 years ????
Another question if a person is in the US and out of status, can a relative submit an I-130 on his behalf and if yes how good is his chance to adjust his status when the I-130 is approved in the future??
Thank you very much
If he marry a US citizen, she can file his I-130 eventhough he is out of status.
(If the entry into USA is legal and out of status later, can adjust, if filed by spouse)
For parent , brother/sister filing, I don't know and I don't think it is possible.
Hi
My brother got a B1/B2 multi-entry visa for 2 years. My mother is a green card holder and my brother didn't want her to submit an I-130 on his behalf since she became a US resident. The reason was because one of the questions that the embassy asks when you apply to get a visa to enter the US is weather a relative submitted an I-130 on your behalf or not. If yes then the embassy thinks of you as you want to enter the US and remain there until ur I-130 is approved and a visa number is available.. my question is since my borther got his visa, will it be ok for my mother to submit an I-130 on his behalf now without having the embassy rejecting him B1/B2 visa in the future(that is after his current B1/B2 visa expire in 2 years ????
Another question if a person is in the US and out of status, can a relative submit an I-130 on his behalf and if yes how good is his chance to adjust his status when the I-130 is approved in the future??
Thank you very much
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seemashah
02-21 05:29 PM
usually a CPA can give an audited report ...or the bank auditors can
Is the company a Corp, LLC or sole prop?
>>The company is a Corporation. Can any CPA give an audit report... can you be more elaborative about the process of getting audited report... like what are we supposed to provide the CPA to get the audit report...
Is the company a Corp, LLC or sole prop?
>>The company is a Corporation. Can any CPA give an audit report... can you be more elaborative about the process of getting audited report... like what are we supposed to provide the CPA to get the audit report...
vrbest
12-16 08:49 AM
This is not true.. First time H4 when the dependant is on in US will NOT have I797. They just go to consulate with spouse's H1B to get H4 Stamped. I-797 for H4 will be received when H4 is extended with H1 here in US. That is what we also have and I have done 3 extensions/stamping for H1/H4 already with no issues
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
wandmaker
11-03 02:36 PM
Fastest way to move to H4 is goto India and get your H4 stamped or file I539 for COS to H4. If you apply for COS to H4, you application will be in pending state considering all the backlogs as VSC/CSC. You can move to H1 whenever you wish and you will not be counted against quota, provided you have not exceeded the 6 year limit.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
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