wisley
10-23 05:49 PM
hi all
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
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pramodirt
07-02 11:08 AM
Thank you very much
i_have_a_dream
08-10 11:21 AM
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
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nomad
09-13 01:44 AM
Great work Chandu and team!
Thanks to Puneet and Tanya for providing fodder for this final video presentation
http://www.youtube.com/watch?v=B-MtK_rQ1zk
B-MtK_rQ1zk
Thanks to Puneet and Tanya for providing fodder for this final video presentation
http://www.youtube.com/watch?v=B-MtK_rQ1zk
B-MtK_rQ1zk
more...
IV2007
04-02 12:53 PM
Can we have multiple jobs while on EAD ? say I ditch my H1 & convert to EAD.
Then can I have mulitple jobs, say I start a company, or work for others as well ?
Then can I have mulitple jobs, say I start a company, or work for others as well ?
waitingimmigrant
11-09 11:05 PM
hi friends,
some time ago i contact my senator through this site
http://www.opencongress.org/bill/111-s1085/show
and wrote to him about plight of workers in limbo for years
if not decades ... following is response i recieved... request
all those stuck in GC limbo to contact their senators...
-----------------------------------------------------------------------------
U.S. immigration policy is based on four underlying principles: reunification of families, admissions of immigrants with needed skills, protection of refugees, and diversity of admission by country of origin. The Immigration and Nationality Act specifies priorities for permanent immigration using a complex set of numerical limits and preference categories. Immediate relatives, defined as spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older, have been given priority in the immigration process.
Senator Robert Menendez (D-NJ) introduced S.1085 on May 20, 2009. This legislation seeks to reduce current immigration backlogs by classifying lawful permanent resident (LPR) spouses and children as "immediate relatives." Currently, spouses and children of LPRs must obtain visas through the Family Second Preference category. This can lead to a waiting period of several years. Among other things, this bill would allow unused and unclaimed visas from 1992-2007 to be placed back in the pool of current available visas for families, and would establish a �roll over� system for unused and unclaimed visas in the future. This bill has been referred to the Senate Committee on the Judiciary, where it awaits further review.
I will continue to work with my colleagues in the Senate to craft effective solutions to address our nation�s immigration problems. I will keep your thoughts in mind should S.1085, or any similar legislation, come before me in the full Senate.
some time ago i contact my senator through this site
http://www.opencongress.org/bill/111-s1085/show
and wrote to him about plight of workers in limbo for years
if not decades ... following is response i recieved... request
all those stuck in GC limbo to contact their senators...
-----------------------------------------------------------------------------
U.S. immigration policy is based on four underlying principles: reunification of families, admissions of immigrants with needed skills, protection of refugees, and diversity of admission by country of origin. The Immigration and Nationality Act specifies priorities for permanent immigration using a complex set of numerical limits and preference categories. Immediate relatives, defined as spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older, have been given priority in the immigration process.
Senator Robert Menendez (D-NJ) introduced S.1085 on May 20, 2009. This legislation seeks to reduce current immigration backlogs by classifying lawful permanent resident (LPR) spouses and children as "immediate relatives." Currently, spouses and children of LPRs must obtain visas through the Family Second Preference category. This can lead to a waiting period of several years. Among other things, this bill would allow unused and unclaimed visas from 1992-2007 to be placed back in the pool of current available visas for families, and would establish a �roll over� system for unused and unclaimed visas in the future. This bill has been referred to the Senate Committee on the Judiciary, where it awaits further review.
I will continue to work with my colleagues in the Senate to craft effective solutions to address our nation�s immigration problems. I will keep your thoughts in mind should S.1085, or any similar legislation, come before me in the full Senate.
more...
H1B-GC
05-28 11:40 AM
Delete
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B+ve
04-09 08:55 PM
Hi There,
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
more...
aug2007
05-24 11:04 PM
Thanks to all for the response. I'll apply for the SSN next week.
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vivache
08-22 10:48 AM
Hi
It's been 9 years since I filed for my Eb3. July 2002. Jan 2002 is currently being processed. Do not see it coming to July 2002 .. based on the trends so far. (may take 2 years or more for all I know)
When I filed for my EB3 .. i worked in as a support engineer.
Am currently a manager (not support but Web Projects). SO my previous job and current one do not have a huge overlap.
Questions for th gurus.
1. Do you think I should apply for EB2
2. If yes .. how much time will it take for me to get the GC? (quicker than my 2 years to indefinite for EB3)
3. Can I get my July 2002 priority date for my EB2.
4. Am currently on eAD. So is my wife. Will applying in EB2 affect my EAD?
Thanks
Vivek
It's been 9 years since I filed for my Eb3. July 2002. Jan 2002 is currently being processed. Do not see it coming to July 2002 .. based on the trends so far. (may take 2 years or more for all I know)
When I filed for my EB3 .. i worked in as a support engineer.
Am currently a manager (not support but Web Projects). SO my previous job and current one do not have a huge overlap.
Questions for th gurus.
1. Do you think I should apply for EB2
2. If yes .. how much time will it take for me to get the GC? (quicker than my 2 years to indefinite for EB3)
3. Can I get my July 2002 priority date for my EB2.
4. Am currently on eAD. So is my wife. Will applying in EB2 affect my EAD?
Thanks
Vivek
more...
mchokshi
04-08 01:17 PM
see the attachment....or check the URL
http://www..com/visas/h1b/h1b-petition-amendment.html
http://www..com/visas/h1b/h1b-petition-amendment.html
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ps57002
12-02 08:27 PM
Why would one get a LUD on an OLD h1 with no LUD on anything else?
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
more...
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doudou
02-25 09:03 PM
Can someone travel with AP with an expired passport? Thank you.
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qplearn
09-13 12:15 PM
My Indian passport is going to expire very soon and my visa has also expired.
I have applied for extension for 3 years.
Will I face any problems in getting new passport from Indian Embassy?
Has anybody done that before?
I am sorry if this is not right place to write about it...
thanks
you can get your passport renewed by sending it to the Indian Embassy in the US immediately. I don't know about your visa. Talk to your lawyer. But why did you let your visa expire? That I am sure you know IS ILLEGAL.
I have applied for extension for 3 years.
Will I face any problems in getting new passport from Indian Embassy?
Has anybody done that before?
I am sorry if this is not right place to write about it...
thanks
you can get your passport renewed by sending it to the Indian Embassy in the US immediately. I don't know about your visa. Talk to your lawyer. But why did you let your visa expire? That I am sure you know IS ILLEGAL.
more...
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kolantiIV
03-24 10:34 AM
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glus
10-21 06:53 AM
Certain felonies make a person inadmissible, which means no Green Card may be issued for such a person for either 15 years of indefinitely. You need to be more specific. Crimes of moral turpitude are inclusive. There are some limited waivers for some, but not all grounds of inadmissibility.
more...
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us_employee
06-15 10:43 PM
Thanks Elaine for the quick reply. He worked for a non-profit organisation earlier so either way he'll be cap subject. He might need to come here on B1 and would it possible to convert from B1 to H1 after coming to US or will he need to go back to INDIA and appy for H1 visa at the consulate. One benefit of converting in US would be to find the right employer given the economic conditions.
Does his previous stay on F1 & H1 help anyway that he has fair intentions to work here legally while requesting from B1 to H1 or is it recommended to do so while in US and apply for H1 from home country only.
Thanks in advance.
Does his previous stay on F1 & H1 help anyway that he has fair intentions to work here legally while requesting from B1 to H1 or is it recommended to do so while in US and apply for H1 from home country only.
Thanks in advance.
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Blog Feeds
08-12 09:50 AM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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pd_recapturing
11-20 01:35 PM
I asked exactly the same question a few days ago and ppl replied that h1B is totally different case. H1B does not get affected irrespective of whethe it came thorugh due to 140 already approved or LC approved or a < 6 years limit.
xbohdpukc
08-05 11:31 AM
as long as both PDs are current they will start to process an application with the earliest RD first.
fatboysam
02-12 08:33 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
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