same_old_guy
07-09 06:00 PM
AILA update :
AILF's Legal Action Center Seeks Plaintiffs on EB Visa Number Availability
Issue (Updated 7/9/07)
What's cooking ?
AILF's Legal Action Center Seeks Plaintiffs on EB Visa Number Availability
Issue (Updated 7/9/07)
What's cooking ?
wallpaper and Bethenny Frankel says
Blog Feeds
07-16 04:50 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
raysaikat
08-01 12:11 AM
Dear Madam,
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
You need to carry both passports. The VISAs on the older passport remain valid unless they were explicitly voided.
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
You need to carry both passports. The VISAs on the older passport remain valid unless they were explicitly voided.
2011 Bethenny Frankel :: NY Times
pd052009
01-07 09:43 AM
The bill can only be in news and considering current political situation, it won't be passed.
more...
tom
06-18 03:36 PM
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gc_on_demand
08-13 03:39 PM
Its really a good idea.
But you need little more home work as listed below.
(1) Update your profile first.
(2) Book an appointment with your lawmaker to discuss this idea.
Let me know if you want me or other to join in your meeting. If you are living in my state I will join you.
To me you are a perfect leader to lead this initiative....
Hows that ?
But you need little more home work as listed below.
(1) Update your profile first.
(2) Book an appointment with your lawmaker to discuss this idea.
Let me know if you want me or other to join in your meeting. If you are living in my state I will join you.
To me you are a perfect leader to lead this initiative....
Hows that ?
more...
Blog Feeds
01-26 09:00 AM
01/25/2011
Article by Frank Aquila of Bloomberg BusinessWeek who underscores several reasons why lifting the cap on H-1B petitions is essential for US Tech growth including the fact that "The U.S. Labor Dept. estimates that by 2014, 2 million high-tech jobs will go unfilled simply because the cap on H-1B visas has not been raised."
Read Article (http://www.businessweek.com/investor/content/jan2011/pi20110118_876603.htm)
More... (http://ashwinsharma.com/2011/01/25/bloomberg-businessweek-article---h-1b-visas-a-modest-proposal-for-immigration-reform.aspx?ref=rss)
Article by Frank Aquila of Bloomberg BusinessWeek who underscores several reasons why lifting the cap on H-1B petitions is essential for US Tech growth including the fact that "The U.S. Labor Dept. estimates that by 2014, 2 million high-tech jobs will go unfilled simply because the cap on H-1B visas has not been raised."
Read Article (http://www.businessweek.com/investor/content/jan2011/pi20110118_876603.htm)
More... (http://ashwinsharma.com/2011/01/25/bloomberg-businessweek-article---h-1b-visas-a-modest-proposal-for-immigration-reform.aspx?ref=rss)
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ItIsNotFunny
04-04 12:48 PM
With the situation currently we are facing on H-1B, in my opinion congress may do some quick fix before the CIR implementation. Reforming the H-1B visa, I do not think any thing is wrong in that. In this process of reforming H-1B visa, can we incorporate our mission of at least filing I-485 without visa availability?
Is this too much to ask?
I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.
Is this too much to ask?
I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.
more...
baldev.thakur
06-24 02:31 PM
Hi folks
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
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AB1275
09-25 04:42 PM
Yes both are my posts.....
My concern is what kind of an RFE is this? Is it serious?
My concern is what kind of an RFE is this? Is it serious?
more...
sundarm123
12-12 07:55 PM
H1B petition filed for H1B extension in regular processing on Nov 14 2007 in CSC and on 16th USPS has acknowledge that application has been delivered to USCIS and signed by GERORGE. I haven’t received receipt number till today. Is there any delay for receipt notice?
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ajay
11-30 12:29 PM
Folks,
Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.
I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.
I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.
PLEASE advise.
Thanks!
Try this O*NET OnLine (http://online.onetcenter.org/)
Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.
I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.
I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.
PLEASE advise.
Thanks!
Try this O*NET OnLine (http://online.onetcenter.org/)
more...
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Paisano
05-01 08:58 PM
1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.
2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).
3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.
4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.
2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).
3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.
4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.
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GC_1000Watt
08-08 02:47 AM
Nothing to worry, you have made no mistake, thats the way it appears
all the best
Thanks buddy! So I believe it's just the state of the consulate..right?
By the way was your case kind of same?
all the best
Thanks buddy! So I believe it's just the state of the consulate..right?
By the way was your case kind of same?
more...
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prabcpa
05-25 08:09 AM
Please give me access to donor forum. I have contributed to IV
my transaction id
May 19, 2010 13:10:24 PDT
Transaction ID: 5VK43415UC122532U
my transaction id
May 19, 2010 13:10:24 PDT
Transaction ID: 5VK43415UC122532U
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minimalist
10-11 09:53 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
more...
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485_spouse
06-07 10:22 AM
Hi All,
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
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ssdtm
03-01 04:45 PM
There is nothing you can do now. You cannot change the past. Realistically there is only a very small probability that it will become an issue at 485 approval stage.
Even otherwise, this was Employer's responsibility, not yours, to keep your LCA updated.
Even otherwise, this was Employer's responsibility, not yours, to keep your LCA updated.
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GoneSouth
07-17 05:29 PM
I'm no lawyer, but based on my own experience filing EB-2 PERM, this sounds like it might get rejected in PERM - "alien does not meet job requirements" - since you don't have five years experience.
This should be re-worded as
PROJECT MANAGERS:
-Microsoft .Net OR JAVA Technology
-Masters Degree or equivalent (Bachelors + 5 years experience) required
Did the company run this ad by their lawyer already?
This should be re-worded as
PROJECT MANAGERS:
-Microsoft .Net OR JAVA Technology
-Masters Degree or equivalent (Bachelors + 5 years experience) required
Did the company run this ad by their lawyer already?
muralip
09-11 04:55 PM
I am waiting for my EAD receipt and also my I-140 is not cleared yet.
I have to travel india immediately on an emergency and my attorney says that I can very much travel to India on my H1-B visa.
I was quiet surprised to hear that from my attorney as I was under the impression that it is not safe to travel outside US until my EAD is approved.
Please suggest..
I have to travel india immediately on an emergency and my attorney says that I can very much travel to India on my H1-B visa.
I was quiet surprised to hear that from my attorney as I was under the impression that it is not safe to travel outside US until my EAD is approved.
Please suggest..
AjP
June 6th, 2005, 05:45 AM
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