anilkumar0902
12-25 09:26 AM
You are safe. Once you have reached I-485 stage, it is all about you and not your employer. You mentioned that you already changed to a new employer. Technically, your old employer should've revoked your old I-140 after your move. Since, you moved to a new employer you are indicating that your new employer also has a new job that matches your initial Labor application. You have nothing to worry about your old employer closing down.
Enjoy your EAD/AP and hope you get your GC soon.
Cheers
Enjoy your EAD/AP and hope you get your GC soon.
Cheers
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vivek_k
08-13 01:24 PM
a2p is ability to pay
Thanks Ravise! Is that a question about the ability of the employer's ability to pay?
Thanks Ravise! Is that a question about the ability of the employer's ability to pay?
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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Beemar
09-04 11:26 AM
Hi, Continuing an old discussion, I have another issue. My I-485 receipt does not even have a column for PD, leave alone having a blank column. Now, is THAT normal?
more...
lazycis
07-01 04:50 PM
You need to push the issue with the USCIS. Call customer service and request to be transferred to immigration officer. Plead your case, request them to send FP notice for your son. Take an infopass if phone call does not do it. If notning helps, sue the USCIS on behalf of your son and you will get his GC within 2 months.
va_dude
02-04 01:04 PM
I think in many ways its advisable to not leave the country until you actually have the approved AP in your hand.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
more...
neeidd
07-15 12:23 AM
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smisachu
08-22 03:59 PM
Good Article. We should get hold of the full study. It could be something we could use to our advantage while lobbying during the DC rally.
more...
sk2006
03-28 08:35 PM
I want to transfer from H1B to F1.I came to US as a F1 and graduated in march 08.I got my H1B on oct 08.But now i want to transfer to F1 again and i had my visa till 2011. I had following doubts and please help me.
1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.
2) How much time does it take if i apply for change of status for F1?
3)can i take cpt in F1 and later on can i change to H1 by applying change of status?
Update your profile before getting answers.
1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.
2) How much time does it take if i apply for change of status for F1?
3)can i take cpt in F1 and later on can i change to H1 by applying change of status?
Update your profile before getting answers.
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abc
06-07 05:53 PM
Can anyone tell when will EB3 India crossover to May 2001 from April 2001 without any new law.
more...
ganguteli
04-07 09:48 AM
Hi,
I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.
My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.
As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?
Please advise me if I should stuck with the company lawyer or it does not matter?
Thanks
Your lawyer cannot advertise. It is illegal. Your employer has to advertise. The lawyer works with your employer in the Perm process and your employer selects the candidate. So you do not control anything in the PERM process. Also, your employer needs to pay for Perm process and not you.
I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.
My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.
As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?
Please advise me if I should stuck with the company lawyer or it does not matter?
Thanks
Your lawyer cannot advertise. It is illegal. Your employer has to advertise. The lawyer works with your employer in the Perm process and your employer selects the candidate. So you do not control anything in the PERM process. Also, your employer needs to pay for Perm process and not you.
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priderock
08-02 04:57 PM
Similar case. My lawyer told me that we can't apply the second I140 under premium because the original labor is gone with the first I140. So, I could not wait for second I140 and went ahead and filed for 485 under EB3.
more...
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cse9423
11-05 05:49 PM
last week our ap approved, it took 75 days. I didn't expediate
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ss1026
10-03 05:13 PM
There are websites that the US consulates maintain listing the case numbers with their status. I am currently waiting for my H-1B visa petition decision in hyderabad. Below is the link the website maintained by the US consulate in hydererabad. There are similar websites for other US consulates in India
221(g) Refusals - U.S. Consulate General Hyderabad, India (http://hyderabad.usconsulate.gov/221g.html)
221g covers a broad sprectum of pending cases, be it name check or any other administrative processing. I personally was requested additional information that I have submitted about 5 weeks ago. This website is update twice weekly with each case status (pending, awaiting petitioners response, send passport).
Hi All,
I am attending my visa interview next week in one of the Indian consulate. Sometime back I came across a website which lists each persons interview date and there visa status - approved/denied. I am not able to re-collect that link
Does any one has any idea?. Basically that link shows the status of visa interviews conducted.
Thanks in advance
221(g) Refusals - U.S. Consulate General Hyderabad, India (http://hyderabad.usconsulate.gov/221g.html)
221g covers a broad sprectum of pending cases, be it name check or any other administrative processing. I personally was requested additional information that I have submitted about 5 weeks ago. This website is update twice weekly with each case status (pending, awaiting petitioners response, send passport).
Hi All,
I am attending my visa interview next week in one of the Indian consulate. Sometime back I came across a website which lists each persons interview date and there visa status - approved/denied. I am not able to re-collect that link
Does any one has any idea?. Basically that link shows the status of visa interviews conducted.
Thanks in advance
more...
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gcdreamer05
02-17 09:48 AM
Thanks for sharing the info.
Was it first h1 renewal (meaning 3rd year) or second h1 renewal (meaning 7th year).
Did you do anything extra to avoid PIMS delay (like when you renewed your h1) did your employer keep another copy with a notice saying send to Kentucky CC
How long was the gap between h1 renewal received and you going for stamping?
Was it first h1 renewal (meaning 3rd year) or second h1 renewal (meaning 7th year).
Did you do anything extra to avoid PIMS delay (like when you renewed your h1) did your employer keep another copy with a notice saying send to Kentucky CC
How long was the gap between h1 renewal received and you going for stamping?
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coolman775
07-23 01:35 PM
Have you received finger print requests?
yes I did for the I-485 after one or two month since I got my recipt number ...
Is your PD current?
I don't know what is PD stands for !...
Is the Service Center processing I 485 applications around the RD of your 485 application?
I don't know how to check that , because when I click on the checking by the RD of the file in the service center , it doesn't show any I-485 on the list !...
and what is the IV ?
THank you soooo much in adance for all the informatioin.
yes I did for the I-485 after one or two month since I got my recipt number ...
Is your PD current?
I don't know what is PD stands for !...
Is the Service Center processing I 485 applications around the RD of your 485 application?
I don't know how to check that , because when I click on the checking by the RD of the file in the service center , it doesn't show any I-485 on the list !...
and what is the IV ?
THank you soooo much in adance for all the informatioin.
more...
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roseball
03-08 01:00 PM
Since your Father in law is a Central Govt Employee, i believe the reason they issued a white 221g is because he may not have provided a NOC (No objection Certificate) from the govt which should state that he is just travelling to US for tourism purposes and not for job related travel. This was how i had to get my father in law to get a NOC inorder to get his stamping done. Once they saw the NOC, they granted the visa.
My 2 cents.
He had the NOC with him and he did mention it to the Visa Officer about the NOC and she mentioned its not required and asked him to email his CV to the email address listed in the white slip for further processing.
My 2 cents.
He had the NOC with him and he did mention it to the Visa Officer about the NOC and she mentioned its not required and asked him to email his CV to the email address listed in the white slip for further processing.
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newbie2020
08-31 07:06 AM
The General rule is You are eligible for H1B extn if the following conditions are met
a) Labor applied on your behalf atleast 1 yr prior to maxout date. You will be eligible for 1 yr extensions
b) Labor and I-140 approved in that case it will be 3 yrs extensions
Now I was in similar situation where in i applied for labor in 6th yr, Labor got cleared in 2 months, I-140 got cleared in 2.5 months so now i am eligible for 3 yr extn.
These days Labor certifications are taking a bit longer time (Atlanta is the only place they are doing it ) So it may take more time. Also one another thing needs to be considered is if there is any RFE then it takes longer.( Few cases pending beyond a year)
Do a research on various RFE and do your paperwork in much more details you will probably end up without any RFE on your case
a) Labor applied on your behalf atleast 1 yr prior to maxout date. You will be eligible for 1 yr extensions
b) Labor and I-140 approved in that case it will be 3 yrs extensions
Now I was in similar situation where in i applied for labor in 6th yr, Labor got cleared in 2 months, I-140 got cleared in 2.5 months so now i am eligible for 3 yr extn.
These days Labor certifications are taking a bit longer time (Atlanta is the only place they are doing it ) So it may take more time. Also one another thing needs to be considered is if there is any RFE then it takes longer.( Few cases pending beyond a year)
Do a research on various RFE and do your paperwork in much more details you will probably end up without any RFE on your case
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dreamgc_real
07-09 01:02 PM
what are the complications of applying to eb2 if there is only 3 year degree bachelor degree? Have a masters degree from Singapore - will that be enough to qualify?
LONGGCQUE
02-04 10:03 AM
It was something like this -
- Did anyone assist u in prep this app ? If yes then,
- Pareparer Surname
- Preparer given name
- Organization name
- St address
- City
- State
- Zip
- Country
- Relationship to you
- Did anyone assist u in prep this app ? If yes then,
- Pareparer Surname
- Preparer given name
- Organization name
- St address
- City
- State
- Zip
- Country
- Relationship to you
GCwaitforever
05-24 09:59 PM
It depends on job duties mentioned in the LCA. For example, you might be a solution architect and this comes with experience. Some roles could be guiding junior folks, interviewing people, reviewing work done by others, project management, vendor management etc ... Essentially you need to prove your 5-year experience is worth and that is what is needed to fill your current role. Prove that this can not filled by a plain BS graduate with no experience or even a guy/girl with MS degree and no experience. DOL might be thinking why not just a BS degree or BS + 5 years = MS degree.
I am not an expert in this. Please discuss with your attorney for better advice.
I am not an expert in this. Please discuss with your attorney for better advice.
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