Thursday 9 June 2011

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  • pappu
    07-22 10:50 AM
    It is a bit early. No checks will be cleared except the legal fee checks. :)





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  • pappu
    08-23 03:25 PM
    Pappu--> Thanks for being on top of everything. There is a slight difference between spaming and giving information in 2 different threads. Paskal already closed the other thread and I agreee with that. But this is not spaming my friend..... Spaming is putting useless information all over with no interest on that....

    I guess you would understand what I am talking about..

    Sure thanks. I should have said-- don't post duplicate posts. I take my remarks back.





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  • bestia
    01-26 08:52 PM
    What was RFE about?





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  • days_go_by
    08-19 11:22 AM
    What impact does premium processing have on your application, if your file is stuck in Dallas BEC for over 3 1/2 years? Does this mean the application will be processed faster now?! Or is this only for new applicants?:(
    -----
    140 premium has nothing to do with BEC labor processing. Labor processing will not speed up because of this. THis is a very calcualted move by USCIS, they are trying to speed up processing of EB3 140, but it helps noone, not Indians, Chinese or even Rest of the world.
    In fact this migh even hurt us a little more if they stop concurrent processing.



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  • Blog Feeds
    07-13 12:48 PM
    I am writing the second of a multi-part series of posts on how to bring family relatives to the United States permanently. The first post I wrote provided general information on bringing family relatives to the United States. (See my post, "Can I petition for my relative to immigrate to the United States?" (http://www.californiaimmigrationlawyerblog.com/2009/05/can_i_petition_for_my_relative.html)) This post will focus on how to petition for your brother or sister to come to the United States permanently.

    In order to petition for your brother or sister you must file Form I-130, Petition for Alien Relative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) with United States and Citizenship Services ("USCIS") along with proof that you are a United States Citizen and that you are related to your brother or sister. I will discuss the steps you must take in more detail below.

    Obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    You may obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), by clicking on the link in this post. At the same time that you obtain the form, you should also print out the instructions to the form. They are more detailed than the instructions I will provide in this post and provide the mailing address to where you will need to send the form.

    Proof of U.S. Citizenship

    You may prove that you are a U.S. citizen by sending one of the following documents to USCIS with your petition:


    A copy of your birth certificate (if you were born in the United States) issued by a civil registrar, vital statistics office, or other civil authority.


    A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.


    A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. embassy or consulate.


    A copy of your unexpired U.S. passport. OR


    An original letter from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.





    More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_do_i_bring_my_brother_or_s.html)





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  • simple1
    06-05 08:09 PM
    Looks like everything in GM is on sale.
    http://www.bloomberg.com/apps/news?pid=20601103&sid=ae2V3Y.7j85k&refer=news

    Saturn is sold for $100 to $200 mn.

    Who knows GM may sell the retired brands for 1 or 2 mn.
    http://en.wikipedia.org/wiki/Pontiac#End_of_the_Pontiac_brand

    Now the important question.
    Did tatas overpay for jaguar and landrover ? Looks like they did.



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  • billu
    08-23 08:47 PM
    H4 visa is the worst possible visa in the world.anytime you file for a h4 visa, there is no premium processing and it usually takes 4-6 months for approval. you cannot work on h4 visa and you are dependent on your spouse. as soon as possible, switch to F1 visa. benefits of F1 visa:

    she will have her own status (in future, god forbid, if you lose ur job, you can always stay in US on F2 until you find another job)

    she can earn on-campus (20hrs/week) and can have a SSN

    after graduation, she will get OPT which will allow her to work immediately after graduation

    Some Univs also offer CPT after 9 months of enrollment on which you can work fulltime if your schedule allows (several of my friends started working full time on CPT and took online/weekend courses)

    you can get ALL in-state benefits on F1 that you would on H4. as long as you can demonstrate that she has been in the state for more than 6 months/1 year (depending on the state)

    Get rid of h4 as soon as possible. that is the worst visa which has kept thousands of professional well qualified persons jobless for years!!





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  • uslegals
    08-20 09:42 PM
    GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!



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  • snathan
    08-25 10:54 PM
    Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.

    Yes. thats the law.





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  • Dhundhun
    08-13 12:39 AM
    English equivalent:

    There is a saying that in forest, Pecock dance before rain (implies, if they dance, rain follows).

    So start dancing, GC will follow.



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  • immiadvise
    12-30 08:03 PM
    hi,

    thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
    If i get a chance to move to a different company ,, do you want me to leave the current company?

    waiting for your reply..

    once again thanks for the response...


    Thanks





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  • forever
    07-27 03:33 PM
    First Step: Filter out applications based on priority date eligible as per the visa bulletin date.
    Second Step: Process based on receipt date within the applications filtered out in the first step.



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  • paskal
    12-05 04:12 PM
    Thanks but I'm not moving in that area.

    he's moving exactly where we need him :-)
    good desicion!

    we are going to steal all the superwomen too from texas....need(s-no)help! when does that new job/move plan kick in? c'mon now we need you in some state with a dead chapter! Tx has too many riches...let's do some affirmative action...diversity...country quota...whatever...!





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  • go_guy123
    01-21 02:48 PM
    I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.

    Actualy per country quota was made in 60s replacing and even more rigid system that alloted quotas based on existing us population origin (mainly from western europe) by
    Senator Kennedy.

    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965



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  • roseball
    07-27 12:43 AM
    I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.

    So there are 2 I-140's with the USCIS.

    Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.

    Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.

    Infact I recently travelled to india and came back on Advance Parole before all this denial happend.

    Now, I filed my H1B extension , What will happen to the H1 extension ?

    and What is my status now?

    Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?

    Any help would appreciate

    Thanks
    Reddy

    Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.

    Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.





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  • snathan
    08-16 11:56 AM
    Hi,

    I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.

    Thanks.

    Yes...When you go for stamping H1...other visas will be cancelled.



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  • admin
    01-29 11:50 AM
    Earlier many of us were happy that as per AILA's report, the effect of retrogression might be significantly reduced. Now lawyer Mathew Oh has come out with the some analysis as to why this exuberance might be showtlived and why we need to fight for legislative reform with respect to Employment Based Green Cards. So remember "It aint over till its over".

    Here is an excerpt of his analysis from http://www.immigration-law.com/


    The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.

    From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.

    The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.

    It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.





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  • sidshar
    05-15 04:21 PM
    Capriol,

    Thanks and I think I got lucky. But does it mean that spouse case is not linked to my case?





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  • SGP
    09-27 10:43 AM
    Thanks once again for the reply.

    When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?

    Thanks

    Omi.

    Sailing in exact same boat. Surely will appreciate replies from Raj.





    snathan
    03-24 01:23 PM
    Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.

    If you have traveled you have different i94 from the recent travel and different one in extension.

    Do you have any source on this....I also had to amend my H1B last month. Its done without any issues..





    anukcs
    07-18 12:51 PM
    I received below email from NPR's Jennifer Ludden who had covered July 2nd issue for us. She wants to talk to somebody who was affected and she is aware that the issue is now resolved. I was not affected since my PD became current in june and my application was reached CIS in june itself. Anybody willing to talk to her, please call her.

    Thanks,

    EMAIL FROM JENNIFER LUDDEN BELOW
    =============================
    Thanks for your note about my piece on the green card mess. Now that DHS has reversed itself again I am doing a short follow up for tonight�s program. Were you affected, and would you be willing to speak with me? I need to do this very soon as the show goes on the air in a few hours�


    I can call you, or my number is 202 513 2256.



    Many thanks,


    Jennifer Ludden





    Jennifer Ludden

    npr

    635 Massachusetts Ave., NW
    Washington, DC 20001

    (202) 513-2256



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