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  • Dhundhun
    06-08 01:36 PM
    Dhundhun,
    Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
    Thanks again

    This site gives broad description of EB1 and its classification:
    http://www.visaus.us/pages/greencard-EB1.htm

    This is speciality area for lawyers: Can they put in EB-1(b) catagory, which is dependant on research/publication or EB-1(c) if on very senior management?

    I think enough publications are required for EB-1(b), my couple of my friends with PhD could not get enough evidence to be placed in EB-1(b).





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  • ups
    03-27 02:42 PM
    Could you please link the relevant information.It would be nice to know about it.

    thx


    http://murthy.com/news/UDh1iii.html

    If you go outside of US for more than one year than only you will be count against quota.If you were on H1 and stopped working for more than one year and still in US than also you are not counted in quota.





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  • nashim
    07-16 04:06 PM
    1) Yes
    2) Yes
    3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD





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  • monkeyman
    02-04 05:33 PM
    First of all, you need to heed to your lawyer's advise. Any charges that demonstrates a lack of good moral character can prevent a re-entry even if you have your green card. Any crime against a person with intent to harm is sufficient charges to reject entry or deny I-485 or revoke the GC. I do know that road rage conviction, DUI, drugs found in person qualify for such denials - I am not sure about domestic violence - hence my recommendation to consult with attorney.

    Most of the people who are denied entry on AP are people who were out of status (people whose visa expired and they overstayed, H-1 visa holders who ran out of the period and cannot justify the delay between the H-1 expiry date and EAD issued date).

    If you were out of status, attorneys advise you to not leave the country.



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  • whitecollarslave
    01-28 01:30 PM
    I am trying to collect a list of some prominent people (scientists, doctors, entrepreneurs, etc.) who are EB immigrants or were/are on H1 for an article. Please share if you happen to know or can point to such information. For example, orkut was invented by a former H-1B visa holder. Any examples with relevance in the current economic situation will be specially useful. For example, somebody who immigrated to US on EB category is now running a business and/or employing Americans.

    Thanks!





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  • rajeshalex
    04-15 08:56 AM
    First thing, price , leg space, comfort & food ...All 4 it is difficult to get the best.

    Cheapest would be air India. However service/food is bad. Also they keep changing schedule.

    Singapore airlines/Cathay pacific service/food is good. Leg space is also better and
    priced slightly higher than AIr India.

    So I recommend these 2 (Singapore/Cathay)

    ( PM me if you are looking for air tickets from India)


    Rajesh



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  • gc_kaavaali
    11-14 10:24 AM
    hey fearonlygod,
    Do you want to tell us your employer name? It helps other people...if u don't like u can ignore it.

    I had similar situation where on H1B he was showing different salary...but he was paying less..difference is almost $10000 per year...it is between Aug 2003 and Oct 2004...Can we do anything now?





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  • jamesingham
    06-23 08:59 AM
    No not yet. Attorney says I will get it in October of this year. He also said PERM is going to be no problem .. problem may arise when we apply for EB-2 140.

    Yes, the responsibilities are 50% different than my previous job.



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  • CADude
    04-07 11:01 PM
    My H1B job requirement is similar but not 100% same to GC Labor. Attorney said it can be different.

    thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?





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  • Blog Feeds
    02-10 08:50 PM
    Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.

    With drastic changes to the Labor Condition Application (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)process (now taking more than 7 days to process), as well as unreasonable denials (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html), planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.

    Background

    On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.

    In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (http://www.h1b.biz/lawyer-attorney-1137085.html)

    The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.

    This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.

    Requirements in the Statute

    The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
    A. Temporary Increase in the Number of Professional Visas Available

    There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
    B. Electronic Postings

    LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
    C. Attestations Required for Employers Dependent Upon Foreign Professionals

    U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.

    The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.

    H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
    D. Increased Enforcement and Penalties for Violations

    The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
    E. Back Benching H-1B Employees

    Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
    F. Benefits

    Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
    G. Additional Fee for Use of H-1B Program

    Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
    H. Prevailing Wage Computations

    For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
    I. Academic Honoraria

    Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.

    Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!




    More... (http://www.visalawyerblog.com/2010/02/h1b_visa_lawyer_the_filing_sea.html)



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  • Blog Feeds
    10-04 11:10 PM
    VIA The New York Times

    "Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency�s director said Thursday.

    �We are under way to prepare for that,� Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency�s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."


    Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)



    More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)





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  • needhelp!
    01-28 05:34 PM
    How can we be sure unless we ask them?

    Deepak Chopra is a medical doctor, so pretty sure he would have used EB immigration.. you think he was family based?

    Sabeer Bhatia is from BITS.. he studied here.. so I guess that would have been F1 first then started working here.

    I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
    Thanks.



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  • newuser
    05-14 10:26 AM
    If your PD is in May'06 or early Jun'06, I think paying a visit to USCIS center won't hurt. Checking online status is a waste of time. At least you'll know what's going on with it. The IO I went to was very nice lady and gave me all the details. I thought that there would a line of GC aspirants like me :) waiting in USCIS center (in bay area) but to my surprise it was empty! Hope this helps

    Did you make an appointment?





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  • greenmonster
    11-30 08:05 AM
    Hi,

    I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.

    Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.

    I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
    During this time they would continue with my green process.

    In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?

    1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?

    2. Temporary resignation and rejoining - is it really feasible?

    3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.

    Please pour in your thoughts.

    Thanks for your help.
    Hello Guru's

    Please help on this. Need your suggestions/ thoughts.

    Thanks



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  • idesign
    05-11 04:27 PM
    kiwi is looking good ;)





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  • nvmurali
    06-02 02:49 PM
    if your employer ( who filled I 140 ) revoke I 140 then chances are there that you may get RFE while H1b transfer. You need good lawer advise. Also there is gray area for porting PD if I 140 is approved and revoked.

    My current employer (who's the consulting company) is the one negotiating to let me go fulltime with the client. So, they shouldn't revoke the 140.



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  • irock
    07-20 01:44 PM
    I applied I-140 in PP last week of June and got approved in 3 days. And got
    email approval notice in three days.
    But after one week only I got receipt and approval notice on the same day.

    My lawyer refused to file with email approval notice. This is the reason I missed
    to file my my 485 on June28th/29th.





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  • pappu
    08-10 01:16 PM
    Everyone. Calling and worrying about notices and checks is of no use. We are in constant communication with USCIS and they have told us that it will take about 40-60 days to clear the huge backlog for these notices and checks. So everyone needs to be patient. We have tried to explain several times but people keep opening threads or keep asking the same questions on various threads. Today everyone is tracking notices. Tommorrow we will all be tracking EADs and APs. By the time we get our EADs and APs, it will be time to apply for them again next year. So tracking of checks and notices will continue forever and will yield no productive result for our cause. We should be instead worried if the Greencard should come soon and if we dont have to keep applying for EADs and APs every year for the next 5-6 years. Is anyone worried about Namechecks and RFEs? Nobody. Instead of calling USCS we should be calling our lawmakers and ask them to fix the system. We should be working on making this rally successful so that we can all stop worrying about our notices and quickly get our greencards.

    We should be worried that if the law does not pass soon, it is not likely to pass for another 2-3 years. And thus use that worry to help out with the rally.

    Hope this helps reduce anxiety in everyone.

    Please refer this post to anyone who is worried about notices and checks. It is mostly new members that are unaware of the history of the backlogs or the process worry about notices. Others then also start worrying about it seeing everyone worried and panic.





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  • superdude
    07-27 03:46 PM
    My attorney tells me they don't give employees copies of labor applications.

    Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
    My lawyer sends each and every piece of information. They sent 9089 for review,797 for labor also. They sent me the original approved labor certificate for my signature to file for 140. and also 797 copy for 140.

    Though the employer processes labor and 140, Employee should ensure the accuracy of the information on all the applications. Employer should not deny for this.

    These employers that abuse employees need to learn some lessons on how to treat their employees.

    I think IV needs to take an inititave on these small scale body shopping employers who are not treating their employers with respect and the dignity they deserve.





    Immigstories
    01-15 09:18 AM
    Gurus...please help me!!

    Is it safe to travel with a new approved I797/I94 and use the unexpired H1B visa stamp associated with an old employer to re-enter the country?





    eastindia
    05-14 02:57 PM
    Any idea what Tech firms are doing to help CIR?



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