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05-07 02:00 AM
In Franz Kafka's chilling story "The Metamorphosis", a man wakes up one morning to find that he has been transformed into a "gigantic insect". Recently, a California family, all permanent residents for over 30 years, was suddenly informed by the government that they were all illegal aliens and must return to Thailand. Mr. Promsiri entered the United States on a student visa. His wife and two young sons, aged 10 and 3 joined him in 1971. In 1975, the parents obtained a divorce from a Thai Consulate in the U.S. The wife married an American citizen, and the couple honeymooned...
More... (http://blogs.ilw.com/carlshusterman/2009/05/immigrant-familys-kafkaesque-ordeal.html)
More... (http://blogs.ilw.com/carlshusterman/2009/05/immigrant-familys-kafkaesque-ordeal.html)
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udaykaran
05-15 07:10 PM
http://www.cnn.com/2007/TECH/05/15/high.tech.visas.ap/index.html?eref=yahoo
Its high time Govt looks into H1B abuse and address it. Due to the abuse, H1B might get scrapped altogether.
Its high time Govt looks into H1B abuse and address it. Due to the abuse, H1B might get scrapped altogether.
onemorecame
01-02 10:46 AM
H1B LUDs may be due to PIMS data collection, I heard most of the H1Bs approved after Jan 2004 had LUDs and the status did not change; and 140 could be a regular system touch.
PIMS???
I got Soft LUD on all H1 and i-140 few weeks back. and last week i got Soft LUD I-485 its sec soft LUD on I-485
Please let me know why second time its happen and what is PIMS?
PIMS???
I got Soft LUD on all H1 and i-140 few weeks back. and last week i got Soft LUD I-485 its sec soft LUD on I-485
Please let me know why second time its happen and what is PIMS?
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enigma
10-22 05:00 PM
I am in Austin, I got my FP done on 10/11 in San Antonio. It was a pleasant experience if you go early. My applicatoin was reached NSC on 2nd July. Got EAD, but no AP yet.
more...
thakkarbhav
02-07 08:45 PM
Yes. They need atleast 3 months time to file new labor.
maximus777
12-22 06:52 PM
Not a big deal in my opinion - the visa system needed a rehaul in any case. Cant undertsand how a tourist visa can double up as a business one.
more...
[uber]
04-09 05:26 AM
i see em... but i'm having trouble with DNS for some stupid reason...
here's the upload
here's the upload
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skd
08-21 07:46 PM
??
From USCIS Case Status Website
From USCIS Case Status Website
more...
jonty_11
12-05 02:32 PM
Yes, you have to have expereince as of PD. As for the Risk - its all yours to take.
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gcslave
07-07 10:09 PM
Priority date is Mar 05.
more...
Rajeev
01-16 08:48 AM
Thanks Anurakt. I will join the conference call.
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x1050us
06-15 08:35 PM
My H1 expired and the extension is in process. But they did not file for H4 extension. I was told by my employer that she can get a visa stamp by presenting my H1 paper at the consulate. Is this true ? If so, what is the significance of H4 approval notice ?
more...
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nkappiah
07-19 10:56 PM
Thanks for replying. Just to clarify:
If I file with my husband as the dependant, after getting the receipt of 485, I know I can move jobs, but can I stop working completely? (This might be a dumb questions :)).. Does this mean that until we get the greencard, I must be employed in this job or similar jobs?
I have also heard rumours of both 485s being rejected. Does anyone have any more concrete information regarding this?
Thanks for all the replies.
If I file with my husband as the dependant, after getting the receipt of 485, I know I can move jobs, but can I stop working completely? (This might be a dumb questions :)).. Does this mean that until we get the greencard, I must be employed in this job or similar jobs?
I have also heard rumours of both 485s being rejected. Does anyone have any more concrete information regarding this?
Thanks for all the replies.
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YesGC_NoGC
09-08 12:25 PM
Hi
I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.
My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.
Thanks
I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.
My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.
Thanks
more...
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waitin_toolong
07-30 04:19 PM
My case is similar too, my husband filed 485 for both of us on 29th June, we both have H1b. But on June 15th one H1b transfer was filed for me (dependent in 485) which was confirmed to us on June 22nd and I joined new company on June 26th.
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).
Is this going to create problem? do we need to send update/form to USCIS about this?
you dont need to do anything. they can track the changes based on I-94 sent for transfer.
In fact if you id COS to H4 then that too would have been okay.
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).
Is this going to create problem? do we need to send update/form to USCIS about this?
you dont need to do anything. they can track the changes based on I-94 sent for transfer.
In fact if you id COS to H4 then that too would have been okay.
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validIV
03-11 01:48 PM
Why not petition a GC for your mother and son? You are a US citizen petitioning their parent. It should be a fast process. And your son, if born after you became a citizen, might be entitled to US citizenship. I encourage you to talk to an immigration lawyer. I'm sure you have many options available to you.
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mkr_s05
03-28 08:13 PM
Was there any transfer after 140 is filed ?
Eb3
Eb3
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Prashanthi
08-27 02:04 PM
Dear Attorney,
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
No minimum length of time, but i would wait for 90 days just to make sure that the USCIS does not say that you had an intent to change to H-1 when you entered the country and therefore you should have entered on a H-1b. Very remote possibility for them to determine that your entry into the country was based on wrongful intent. I would wait for 60 to 90 days to overcome this problem.
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
No minimum length of time, but i would wait for 90 days just to make sure that the USCIS does not say that you had an intent to change to H-1 when you entered the country and therefore you should have entered on a H-1b. Very remote possibility for them to determine that your entry into the country was based on wrongful intent. I would wait for 60 to 90 days to overcome this problem.
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Blog Feeds
02-15 09:30 PM
AILA Leadership Has Just Posted the Following:
Just when we thought it was safe to go back in the immigration waters again. Transparency, we were promised it. One year into the new administration, however, it remains an elusive concept. That is it did, until yesterday. Yesterday, I saw a poster at the CIS that revealed exactly how the agency views immigration lawyers. It was a poster of small fish in the water being stalked by a large shark. I walked past it and literally did a comic book like double take.
Underneath in comparatively small letters there is a caption that warns people to protect themselves against those who are not authorized to help them. There was no indication or explanation, however, of what that could mean, other than the picture of giant shark.
The subliminal message was both clear and offensive. I dare the agency to say I am reading too much into it. Google �metaphors and similes.� Nine times out of ten the definition includes a lawyer shark comparison/example. Couple this with the daily reports we receive where our clients are told �why do you have a lawyer, your lawyer knows nothing.�
Contrary to the government�s implication, however, immigration lawyers are not predatory. The bulk of immigration lawyers I know, and I know a lot of them, literally agonize over the fates of their clients. They spend hours upon hours trying to assist them through a labyrinth of inconsistent rules, regulations (when we actually get them) and guidance.
AILA works hard to combat immigration fraud and the unauthorized practice of law. It also does all it can to educate 15,000 immigration lawyers about both the law and ethics.
I agree that immigrants need to be wary of perpetrators of immigration fraud. The government, however, should warn of the true predators - those practicing law without a license. Its posters should identify who those individuals are and provide warnings or information calculated to educate about unscrupulous practices. Simply, a broad statement below an icon typically used to vilify attorneys does nothing of the sort.
I am not sure how to depict the government�s purported message in its elaborate seascape. Perhaps a tidal wave depicting millions being thrown back indiscriminately on foreign shores or a lamprey latched onto an unsuspecting gentle manatee. I need to think about it. I take metaphors seriously as they �are dangerous and are not to be trifled with.� Please remove the posters immediately.
https://blogger.googleusercontent.com/tracker/186823568153827945-7473844792018103725?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/troubled-waters.html)
Just when we thought it was safe to go back in the immigration waters again. Transparency, we were promised it. One year into the new administration, however, it remains an elusive concept. That is it did, until yesterday. Yesterday, I saw a poster at the CIS that revealed exactly how the agency views immigration lawyers. It was a poster of small fish in the water being stalked by a large shark. I walked past it and literally did a comic book like double take.
Underneath in comparatively small letters there is a caption that warns people to protect themselves against those who are not authorized to help them. There was no indication or explanation, however, of what that could mean, other than the picture of giant shark.
The subliminal message was both clear and offensive. I dare the agency to say I am reading too much into it. Google �metaphors and similes.� Nine times out of ten the definition includes a lawyer shark comparison/example. Couple this with the daily reports we receive where our clients are told �why do you have a lawyer, your lawyer knows nothing.�
Contrary to the government�s implication, however, immigration lawyers are not predatory. The bulk of immigration lawyers I know, and I know a lot of them, literally agonize over the fates of their clients. They spend hours upon hours trying to assist them through a labyrinth of inconsistent rules, regulations (when we actually get them) and guidance.
AILA works hard to combat immigration fraud and the unauthorized practice of law. It also does all it can to educate 15,000 immigration lawyers about both the law and ethics.
I agree that immigrants need to be wary of perpetrators of immigration fraud. The government, however, should warn of the true predators - those practicing law without a license. Its posters should identify who those individuals are and provide warnings or information calculated to educate about unscrupulous practices. Simply, a broad statement below an icon typically used to vilify attorneys does nothing of the sort.
I am not sure how to depict the government�s purported message in its elaborate seascape. Perhaps a tidal wave depicting millions being thrown back indiscriminately on foreign shores or a lamprey latched onto an unsuspecting gentle manatee. I need to think about it. I take metaphors seriously as they �are dangerous and are not to be trifled with.� Please remove the posters immediately.
https://blogger.googleusercontent.com/tracker/186823568153827945-7473844792018103725?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/troubled-waters.html)
aguada
11-09 11:40 AM
My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
martinvisalaw
10-12 04:56 PM
Co. B can file the PERM at any time, but ideally one year before the current H-1B expires, even if that is 8+ years into your H-1B status. Provided that you have a PERM on file 365 days before the end of your H-1B status, the company can extend again based on that PERM #2. The filing does not have to be before the end of your 6th year.
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