Tuesday, June 28, 2011

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  • addsf345
    02-26 09:13 PM
    On this case, I am getting mixed anwsers

    Employer's lawyer is saying that i can continue to work since have valid I-94 and they are going to appeal. Lawyer called USCIS officers and USCIS officers confirmed this ( !!!).

    Second lawyer is saying that i should stop working on denied petition.

    Once you apply for appeal or motion your H1B peition status changed from 'Denied' to 'Pending' and you may continue to work for employer. - this is my guess

    In fact, I am planning to get advice from murhty too...

    Any thoughts on this.

    RG said u can work.

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  • sh2005
    08-03 06:43 PM
    Today, I received an email from USCIS that my EAD application got approved. My receipt date is on the 3rd week of May of 2007. What I don't understand is that the current processing time at NSC for I-765(EAD) for pending I-485 is March 26th, 2007.....

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  • indyanguy
    05-30 09:03 AM
    Any help? .. anyone?

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  • eilsoe
    10-02 07:34 AM
    Nice! :P

    I have one too...:

    picture: Soldier (http://www.avalon-rev.dk/soldat.jpg)

    Warning: 1280x1024, 750 Kb.


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  • amitg
    08-07 11:50 AM
    i have a valid H1 visa on my passport till 14th dec 2007. yesterday i got the new I-797 with I-94(I-94 dates are mentioned as 15th Dec 2007 to 14th Dec 2010). Since my visa is expiring on 14th Dec 2007, I want to go for stamping before Dec 2007 to Nogales (i have some travel plans in Jan 2008). When can i go for(how soon) stamping. I am planning to go this sept. CAn I ?????

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  • purplehazea
    05-08 01:59 PM
    How can you change jobs if you have not filed for I485 and it has not been pending for >6months?
    If you change jobs you will have to start green card process again.
    If you stay with your current company, and if PD becomes current in summer, they can file for 1485 and then once your i485 is pending for >6 months you can try to change jobs using AC21.

    Gurus step in and correct me if I am wrong.

    All reliance on my opinion is at your own risk.

    Good luck.


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  • a2006
    07-27 01:53 AM

    I lost my job in January and since I was not able to get a new project. So, returned back to India in May'09. My AP was valid till 21-July-2009. I did not file for extension while in US.

    Now, I am getting a job in US and the employer is asking if I could join immdiately. Please let me know:

    1. If there is any option for me to renew my AP from India?
    2. Any other options, since my H1B got expired (6 years) in May'09.

    Note: My EAD is valid till June 2010.

    Thanks for your help.
    Try H1 extension through premium processing.

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  • voicerj
    05-18 09:06 AM
    Hello All,

    I have a certain queries regarding the transfer from L2 to H1B.

    My husband is on L1 and me on L2 with my EAD still under processing. However my husband's firm wants to get his visa converted to H1 which automatically cancels my L2 status and I would have to apply for H4.
    So now my query is for how long will his status of L1 be valid will it be till the start date of H1B, or the minute he files in his papers for H1B or when his H1B gets approved?

    Thanking you in anticipation.


    To my knowledge your L2 status goes away the day his H1-B is approved.
    Gurus what do you say ?


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  • neoklaus
    01-29 06:47 PM
    The only document that I know that suit the name " Unemployment Wage Report" is IRS Form 940-Employer's Annual Federal Unemployment (FUTA) Tax
    The probable reason of asking-to verify, that Company is sound, paying salary, wages, then taxes, including unemployment tax.

    The company's Tax Return also shows how's company doing financially,economically, if it able to pay their employees salaries and what business this company stated as her primary.

    Therefore, I think, that asking for these docs seams as reasonable, keeping in mind that consulates and embassies belong to different department than DHS and USCIS.

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  • onemorecame
    07-18 11:48 AM
    I am in a complicated situation...

    Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.

    So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?

    I have one question that whether you can file 2 I-485 or not?


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  • vishwasc
    10-03 01:41 AM
    I received an RFE for my Birth Certificate as the Originals were not available as it was submitted to the school during admissions and when i spoke to them they said that we cannot issue you the original certificate. So i went to my native and requested the Municipal to issue me a BC and they agreed and issued me a copy with all the details but the certificate was dated March 2009 as the issuing date which was not accepted by the USCIS and they sent me a RFE for my birth certificate.

    I have read the posts on this forum but none of them relates to my issue. I have a duplicate copy issued by the Municipal Authority which contains the seal and signature of the authorized gazetted officer. This is the same certificate which was submitted to the embassy and based on which i received my K1 Visa. What should i do? Please this is very very urgent as i have to submit the RFE by end of this month. Can i just submit a letter with 2 affidavit's from my family explaining to them that in India you don't receive birt certificate back from school or the graduation certificates do not contain your parents name and place of birth.

    what is my best way to tackle this Rfe?


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  • Blog Feeds
    11-01 09:10 AM
    According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.

    Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.

    The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.

    More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)


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  • willigetgc?
    03-04 10:00 AM
    The sad part about the Brokow's report is that he focused on H1B issue and not the real problem which is the green card issue.

    Yes, people come on H1B - however, for those immigrants to put down the roots, it has to happen through green cards and not H1B extensions (neither one of which was mentioned in the report). I am not sure if this is a two part series, but it should be.

    IV members should write to MSNBC Nightly News to do a more in depth story on immigration problems of the high skilled immigrants.
    NBC Nightly News: Contact us - Nightly News - msnbc.com (http://www.msnbc.msn.com/id/41625923)

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  • speakup
    08-13 09:53 PM
    Funny :p but unfortunetly NOT TRUE:(

    U.N. Begins Meeting to Discuss Atlanta Labor Certification, Work Conditions in Cambodia

    The International Labor Organization (ILO) of the U.N. kicked off a four-day regional meeting in Stockholm Tuesday aimed at improving working conditions worldwide.

    "Atlanta Labor Certification (ALC) and the situation in Cambodia remain the most pressing issues we are facing today," Swedish Labor Minister Nils Freivalds, the meeting's chairman, told participants. The participants are expected to endorse The “Missing Application Statue”, a memorial aims at educating the public worldwide about the Atlanta LC tragedy of August 07, when hundreds of thousands of applicants and their families were practically prohibited from applying to permanent residency and gaining labor portability. Those victims might have to wait for several years to get another chance. Atlanta shelved their LC applications for times ranging from 2 months to 2 years while the LC applicants at Chicago where getting results in 2-8 days.

    “This statue is created to remind us of what has happened and what could occur if we forget the past. May the tens of thousands of applicants in Atlanta and their families always have a place in our hearts. And may their suffering not be in vain.” said Freivals.

    This is the second time a UN agency interfere in an issue related to Atlanta Labor Certification. The first time was in May 2007 when the General Assembly voted to prevent the usage of the term “Atlanta Processing” referring to extremely slow and inefficient systems. The term was considered very cruel and inconsiderate toward the victims and their families.



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  • ronhira
    10-07 03:18 PM
    btw don't shoot me..... i'm just a messenger..... here is more information


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  • kanaihya
    09-28 03:19 PM
    They don't update the online status often..some time years ..i talked to IO regarding this issue..they said, they don't have enough resources ...I also suggested to make them the "Online Status Check" to "Offline Status Check " ..No worry..Lets all take oath, not to check this online...I don't do it..


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  • DCQC
    08-02 07:08 PM
    I googled it

    Dude that is dated Feb 08, 2007

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  • TomPlate
    01-03 04:09 PM
    No. They met during the lunch time i guess

    Refugee_New refugee = new Refugee_New(noGreencard);
    //The validate function,
    // validates and rejects green card for Refugee_New

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  • zram1977
    09-25 01:07 PM
    Can an AILA member post contents of this doc.

    # 9/24/2009 DOS Provides Background on Visa Allocation Process
    As all employment-based visas have been allocated for FY2009, Charles Oppenheim, Chief, Immigrant Control and Reporting Division Visa Services Office, provides an explanation on how the Department of State allocates visas through its Immigrant Visa Allocation Management System (IVAMS). AILA Doc. No. 09240920.

    AILA - Restricted Access Page (http://www.aila.org/content/default.aspx?docid=30136)
    Something related to IVAMS

    08-11 09:37 PM
    Photocopy is fine. However get the photocopies certified by your attorney.


    I am going to Chennai for my visa stamping and the consulate website says that I need to present the " complete I-129 petition submitted by your prospective employer including the Labor Condition Application " during the interview. Can any one tell me if the photocopy of those documents will do or do I really need to carry the originals (which I don't have)?



    01-24 12:26 PM
    Returning to the US after living abroad for 9 years and need to know what is the best process for my wife to re-apply for green card.
    My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?

    Thank you for any and all help you can provide.