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  • reddymjm
    05-05 06:00 PM
    I am sorry...I know this is irrelevent question here. I want to start new thread. How to start. I am not able find it. :(

    Please help and don't give reds.

    On home page clikc on forums. Then select a topic. You should see new thread there.





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  • ponnuswamyp
    10-30 01:53 PM
    If the ASC does not have much applicants waiting for services then they may service your case regardless of the time scheduled. Just make a visit and try.

    I had moved to CA and got FP appointment scheduled for 11/15 at NJ. Last saturday I visited my local ASC and explained about my move. They did not bother about the appointment location & time and took fingerprints.





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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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  • gc_chahiye
    12-18 11:37 PM
    L1A visa, validity May 2008
    EB 1 category
    I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
    When and how can I excercise AC 21 portability
    Do I need an EAD for this

    you need to use EAD since you were on L1 and that cant be transferred to your new employer.
    Other than that you need:
    - I-140 to be approved*
    - 180 dyas to pass from your I-485 receipt date.

    *strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.



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  • samcam
    05-19 11:28 AM
    Senate discussing High skilled immigration... log on to the live commentary thread to know more...





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  • Eternal_Hope
    04-07 10:32 AM
    Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.

    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    MANY PEOPLE ARE IN A SIMILAR SITUATION.
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    THAT'S WHAT PEOPLE SAY.
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
    IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.

    AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!


    Thanks

    ALL THE BEST!



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  • snhn
    10-23 05:09 PM
    Hello all,

    is it normal for someone to get their EAD approved before the AP. I just got my EAD approved yesterday and my wife got hers approved today. However, out AP applications are not approved yet.

    I have some co workers who got their EAD and AP approved on the same day.

    so just wondering if there could be something wrong or is this normal.

    Our cases are in Texas.

    Thanks!





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  • prince_waiting
    10-26 11:44 AM
    Get images of checks cashed by USCIS, your receipt numbers are stamped on the back side of the checks. Use these RNs to call up USCIS and change your address.

    Filing out AR-11 does not guarantee that USCIS will correspond to you on the new address.



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  • Dhundhun
    04-15 04:04 PM
    Congratulations! But I think freedom is yet months away - need to be with same employer for some more time.





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  • Jubba
    10-20 05:47 PM
    Where do I put these brush files? They are in the folder, but Photoshop isn't reading them...



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  • pmpforgc
    12-21 12:24 PM
    Hi

    I and my family members have EXPIRED STUDENT VISA on the Passort. I have H-1 (H-4) approval till 2008 but no VALID VISA STAMP on our Passport.

    I am planing a TRIP to INDIA in Summer. Since My I-140 is already approved and I-485 pending, I will have ADVANCE PAROLE in my hand when I visit India. I will also attempt to Get H-1B/H-4 stamp at Mumbai, while I am in India.

    My question is Since I dont have any VALID VISA STAMP on my PASSPORT While going as well as in return, WHICH AIRLINE OR TRANSIT COUNTRY I SHOULD SELECT SO THAT I WILL NOT HAVE TO GET TRANSIT VISA ?

    IS there any EUROPEAN TRANSIT COUNTRY FOR FLYING TO MUMBAI WHICH DOES NOT REQUIRE TRANSIT VISA FROM INDIAN NATIONALS.

    YOUR input will help me lot in be prepared and planing for my summer trip.

    Thanks





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  • gc_on_demand
    06-02 02:44 PM
    Hi,

    I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.

    Now -- I need to change employers as my employer is asking me to become full time from consulting.

    2 questions:
    1. Can I use this extension to change employers?

    2. Can I start the GC process with the 140 priority date? (Feb '08)?

    Thanks

    PS: I apologize if this is in the wrong forum.


    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.



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  • go_guy123
    10-02 02:06 PM
    Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.

    I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.

    You did the right thing. I know a friend of mine who got their GC though they had Canada PR. They made it a point to officially surrender the PR.

    Because they wanted no mess-up with the GC. Keeping a Canada PR conflicts with the intent of living in US permanently (needed to maintain GC).

    Most people dont realize that GC is not the end of story. GC is yet another type of
    immigration status and one can lose that as well. In the post Sep11 round-up a lot of people have lost or went close to losing their GC when US govt did a massive crackdown on immigrants.





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  • Dhundhun
    06-07 04:55 PM
    I recently renewed my license in Oklahoma and was surprised to find out that on top of shorter expiration date, now my license has “TEMPORARY” written across it. This is new rule that OK is applying for non-residents and non-citizens. Has any body else gone thru similar experience? I am outraged that now I will be discriminated every where. DL is used on day to day basis and every body will question me, suspect me as to why “TEMPORARY” is written on my DL. Even DL office was not sure when this new rule was implemented, how come police officers, general public will know about it. I feel ashamed to even show my DL now. I’ll get hard time getting loans etc b/c people will think I may move out any time as I am here “Temporarily”

    Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.

    http://www.dps.state.ok.us/

    I saw the pointer. In Oklahoma, lawmakers has taken a stand to mark DL with “TEMPORARY” to all non-citizens. They could have gived DL in different color to make it less harsh. It seems that this “TEMPORARY” marking will be even after getting GC, so this will remain for years and years to come.

    As "imneedy" pointed, it is in NJ for the last few years, so we can expect this being done in other states.

    Is there any change in layout expected after "real ID(http://en.wikipedia.org/wiki/REAL_ID_Act)" implementation?



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  • bkarnik
    05-18 09:25 PM
    Welcome to our news member Selvaela..

    Good job Samcam...keep up the good work :)





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  • rbalaji5
    03-02 07:53 PM
    I was in a similar situation, I got my I-94 renewed by went into the U.S - Mexico border near San Diego on 02/28/2009. It is the simplest way to get your new I-94 if you are near Mexico border.



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  • nsb
    07-17 04:52 PM
    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.





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  • mkrisa
    08-11 01:23 PM
    bumping





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  • MerciesOfInjustices
    03-17 01:23 AM
    Thanks yourself, & all Core Group! And my true appreciation for everybody! Our cause is bound to succeed!
    We shall overcome...soon!





    sk.aggarwal
    11-02 06:08 AM
    Call your employer and ask him for all these documents. These are agreements between your employer and client. He should have these.





    for_gc
    09-21 11:52 AM
    I don't agree with more fees for 485 etc ...

    They are already taking too much money out of us ...



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