nashorn
08-12 03:55 AM
Nothing. Figured application has to be transfered from NSC to TSC. That is going to take more time.
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Blog Feeds
01-20 08:10 AM
I previously reported on changes to the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html)program. This is a notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice becomes effective when it is published in the Federal Register on 1/18/11.
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:
Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Honduras
Hungary
Ireland
Israel
Jamaica
Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.
Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)
More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:
Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Honduras
Hungary
Ireland
Israel
Jamaica
Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.
Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)
More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)
adnan_vijay
12-02 04:53 PM
my US green card holder mom partitioned for my green card in 2000
my priority date became current in june this year
my consular processing application has been lodge for almost 2 months now to USCIS.
can I please ask when is the FBI name check done?
how do I know if I pass the FBI name check?
:confused:
my priority date became current in june this year
my consular processing application has been lodge for almost 2 months now to USCIS.
can I please ask when is the FBI name check done?
how do I know if I pass the FBI name check?
:confused:
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a_yaja
07-24 02:56 PM
I mean should it be only Software engr in the exp letter rather than Sr Software engr, since the labor says Software engr ?
What is the position mentioned in the LC for your previous job? IMHO, it does not matter what the title is. As long as the job description is the same, you should be OK.
I had "part time Oracle developer" in the LC but the letter I got just said "Oracle developer" and mentioned that is was part time (20 hrs/ wk). I don't think it is such a big deal.
What did your lawyer say?
What is the position mentioned in the LC for your previous job? IMHO, it does not matter what the title is. As long as the job description is the same, you should be OK.
I had "part time Oracle developer" in the LC but the letter I got just said "Oracle developer" and mentioned that is was part time (20 hrs/ wk). I don't think it is such a big deal.
What did your lawyer say?
more...
roseball
12-27 06:42 PM
I got my receipt number for H1b application and its been more than a week but i still cannot check my status online on USCIS website.
It says case is not found ,even tried calling customer service .
Does it take time to get uploaded online ?
Did anyone else face this problem
I am not getting any information from my employer.
Is there any other way we can find out if USCIS accepted my application.
could some one please help me in this
Thanks
Post from Oh's law firm:
12/27/2010: USCIS Case Status Site Errors
Currently, USCIS online case status site is reportedly experiencing some errors. The consumers are experiencing frustration with the incorrect information or outdated information when they check their case status. Apparently, the USCIS has been working on it to fix the problem. Pending that, the customers should keep patience.
It says case is not found ,even tried calling customer service .
Does it take time to get uploaded online ?
Did anyone else face this problem
I am not getting any information from my employer.
Is there any other way we can find out if USCIS accepted my application.
could some one please help me in this
Thanks
Post from Oh's law firm:
12/27/2010: USCIS Case Status Site Errors
Currently, USCIS online case status site is reportedly experiencing some errors. The consumers are experiencing frustration with the incorrect information or outdated information when they check their case status. Apparently, the USCIS has been working on it to fix the problem. Pending that, the customers should keep patience.
peer123
12-18 08:26 PM
Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.
I have similar situation. I am getting an already approved labor for gc processing. it needs 5yrs progressive exp and bachelor degree in engg. Now I do have nearly 5 years at the time of application and now (9 years). have same degree work for same company as the company applied and also match in experience almost 100%. Is there any risk in I140 approval.
I have similar situation. I am getting an already approved labor for gc processing. it needs 5yrs progressive exp and bachelor degree in engg. Now I do have nearly 5 years at the time of application and now (9 years). have same degree work for same company as the company applied and also match in experience almost 100%. Is there any risk in I140 approval.
more...
Beta_mle
02-23 04:17 PM
That e-verify thing sounds reasonable, but it is dangerous. The way things work, and as we are seeing now, things like that get expanded and they grow ever more intrusive. Pretty soon people will need government permission even to breathe. In fact, the EPA now claims the right to regulate carbon dioxide, that thing we breathe out...
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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
more...
krrishpatel
09-02 02:30 AM
Hi,
Almost 22 week past, No response From Mumbai Consulate
Interview Date - 13-Feb-2009
Purpose - H1B Visa Stamping(VISA Approval in 2008 before had F1 Visa)
Interview - VO Asked me few Questions and then asked me to show your company's Wages report and your consultacy and client where u worked agreement letter. I have given him both the docs. and Vo kept with him and gave me 221G Yellow letter which mentioned your docs. are in administrative processing and didn't mentioned any time frame.
After my Employer and i frequently sent emails and faxes to mumbai consulate but no response yet.
Anybody Knows what i have to do. Please advice me further .
Regards,
Krrish
Almost 22 week past, No response From Mumbai Consulate
Interview Date - 13-Feb-2009
Purpose - H1B Visa Stamping(VISA Approval in 2008 before had F1 Visa)
Interview - VO Asked me few Questions and then asked me to show your company's Wages report and your consultacy and client where u worked agreement letter. I have given him both the docs. and Vo kept with him and gave me 221G Yellow letter which mentioned your docs. are in administrative processing and didn't mentioned any time frame.
After my Employer and i frequently sent emails and faxes to mumbai consulate but no response yet.
Anybody Knows what i have to do. Please advice me further .
Regards,
Krrish
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sam_hoosier
12-04 04:17 PM
Hi,
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
Yes, you can :)
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
Yes, you can :)
more...
12bar
July 4th, 2006, 12:58 PM
I wanted to introduce myself as I am new to this forum and digital photography. I have always had a keen interest in photography but never got around to doing anything about it until now. I just ordered my first real camera, I bought a Nikon D70s with the 18-70 and 55-200 lenses, and it should be here by the end of the week. My job provides me the opportunity to see many different places around the world and I am hoping to get good enough to capture and share the sights and feelings of my travels. My wife and I also enjoy motorcycling and get to see a lot of the country that you miss if you take the interstate and hope to capture some of these sites as well. I will probably have a lot of dumb rookie questions and ask for your patience as I learn this new hobby. In return if you have any questions concerning motorcycles (especially BMW�s) or guitars I might be able to help there.
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zamoo
09-29 11:48 AM
If you indeed resign, there can be trouble..."luck factor" might pay a role.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
more...
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Bpositive
02-01 11:55 PM
Got a 221g (pink) from Chennai consulate because I have a Phd in biology. After almost 4 weeks the status on the website was updated to 'submit passport'. I have a couple of questions. If anyone who has gone through a similar situation, can answer, I would very much appreciate it..
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
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ksircar
06-24 09:58 PM
If I-140 is approved and priority date is current is it possible to keep on extending H1B for couple of years without applying for I-485? I am asking this quetion because my employer is not allowing me to apply for I-485 as my I-140 is pending. It looks like he want to use me for couple of years on H1b.
Better do not trust your employer, it may turn out to be an infinite loop. Try to convince your employer by all means to file for I485. You never know what your employer really means by "couple of years".
Better do not trust your employer, it may turn out to be an infinite loop. Try to convince your employer by all means to file for I485. You never know what your employer really means by "couple of years".
more...
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desi3933
02-18 11:36 AM
......
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
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vidyakulkarni
07-11 06:52 PM
can you please tell me how much time now takes to H1b renewal?
I am in 6th year of H1b.
I am in 6th year of H1b.
more...
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psk79
05-22 11:16 AM
I am sure this what might have happened since you talked about FP.
Did you and your attorney both receive the FP notices ? I think one of those copies was returned to USCIS as undeliverable. What they do is they wil check the system for any address change and then put the returend FP notices alogn with the envelope in a new envelope and mail it out again. We had this weird status for few people duingthe Jul 07 rush and that was what it was. Let us know if this is the case..
Did you and your attorney both receive the FP notices ? I think one of those copies was returned to USCIS as undeliverable. What they do is they wil check the system for any address change and then put the returend FP notices alogn with the envelope in a new envelope and mail it out again. We had this weird status for few people duingthe Jul 07 rush and that was what it was. Let us know if this is the case..
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Blog Feeds
10-29 05:40 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
Today's Wall Street Journal has their main front page article on how H-1B quotas have not been used up yet and argues that the market should dictate the numbers rather than Government quotas.
Arbitrary quotas have been ruled unconstitutional by all courts in every domestic affairs except for immigration law. You cannot have quotas for segregation or desegregation, for diversity in public education. You cannot have quotas at workplace. We read in Law School that quotas inherently violate due process. But I had to throw my constitution down my office window when I started practicing immigration law.
When the colonists came to America, there was no problem, no quotas. White Anglo Saxon Protestants could simply come and work. Then as more and more Italians and Chinese came in, restrictions began to be put in from 1875 onwards. Chinese were banned because they were "Coolie labor" for lewd and immoral purposes. After World War 1, the Congress restricted immigration to 2% of their nationality already settled in America. Since there were no non white people in the US at that time, most of Asia and Africa was shut out from the US. This was done to preserve the racial mix in the United States. Since then a lot of restrictive immigration Acts establishing arbitrary quotas were enacted and still valid today. The Permanent Residency Process has quotas in both Employment based and Family Immigration. So does the H-1B program for bringing in the brightest and the best.
These quotas have risen from anti Immigration and Xenophobic attitudes prevalent in America. As the Wall Street Journal points out, why should a very bright person from say India or China come to the US to be treated as a second class citizen, at the bottom of the social ladder? They would rather stay in their own country which are emerging economies. Yet, as the WSJ articles point out, 35% of Microsoft patents were developed by immigrants, and the person who developed Google News was an H-1B from India.
Those patents will just go to India, and someday the children or grandchildren of these anti immigration forces will seek immigration to India.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-3113598453464852981?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/10/quotas-in-immigration-law.html)
Today's Wall Street Journal has their main front page article on how H-1B quotas have not been used up yet and argues that the market should dictate the numbers rather than Government quotas.
Arbitrary quotas have been ruled unconstitutional by all courts in every domestic affairs except for immigration law. You cannot have quotas for segregation or desegregation, for diversity in public education. You cannot have quotas at workplace. We read in Law School that quotas inherently violate due process. But I had to throw my constitution down my office window when I started practicing immigration law.
When the colonists came to America, there was no problem, no quotas. White Anglo Saxon Protestants could simply come and work. Then as more and more Italians and Chinese came in, restrictions began to be put in from 1875 onwards. Chinese were banned because they were "Coolie labor" for lewd and immoral purposes. After World War 1, the Congress restricted immigration to 2% of their nationality already settled in America. Since there were no non white people in the US at that time, most of Asia and Africa was shut out from the US. This was done to preserve the racial mix in the United States. Since then a lot of restrictive immigration Acts establishing arbitrary quotas were enacted and still valid today. The Permanent Residency Process has quotas in both Employment based and Family Immigration. So does the H-1B program for bringing in the brightest and the best.
These quotas have risen from anti Immigration and Xenophobic attitudes prevalent in America. As the Wall Street Journal points out, why should a very bright person from say India or China come to the US to be treated as a second class citizen, at the bottom of the social ladder? They would rather stay in their own country which are emerging economies. Yet, as the WSJ articles point out, 35% of Microsoft patents were developed by immigrants, and the person who developed Google News was an H-1B from India.
Those patents will just go to India, and someday the children or grandchildren of these anti immigration forces will seek immigration to India.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-3113598453464852981?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/10/quotas-in-immigration-law.html)
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drak70
11-01 12:27 AM
Hi all,
My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?
I appreciate any suggestions and thanks in advance.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?
I appreciate any suggestions and thanks in advance.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
shreekhand
02-19 06:58 PM
For that to happen a number first has to be generated! There is apparently a block (CIS-SSA name verification issue) that is preventing that from happening.
sunnymit,
I would suggest you call SSA HQ in Baltimore, MD and explain to them the situation and tell them that the SAVE system (that check your immigration status) is having possible issues with your case.
If that does not work, send a certified mail to the local office supervisor and SSA HQ.
got to the SSN office with ur receipt, tell them you are waiting for ...... long for the card. you need the number to give to the employer. most of the officers would look in the system and would give you the number.
sunnymit,
I would suggest you call SSA HQ in Baltimore, MD and explain to them the situation and tell them that the SAVE system (that check your immigration status) is having possible issues with your case.
If that does not work, send a certified mail to the local office supervisor and SSA HQ.
got to the SSN office with ur receipt, tell them you are waiting for ...... long for the card. you need the number to give to the employer. most of the officers would look in the system and would give you the number.
dupedinjuly
07-23 03:37 PM
That applies for you primary I-485 applicant. For derrivative applicant your spouse, she can use EAD for any job description. It need not match her job description.
Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.
Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.
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