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Monday, July 4, 2011

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  • Michigan123
    06-01 06:00 PM
    get LCA for Home Location and your office (Or client Location) in single LCA

    I am working for Big 5 and they did the same. Working from Home(Michigan) and occasionally go to office (california)


    This is what My company attorney filed for me and Got the approval.





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  • Pagal
    07-25 07:39 AM
    Hello,

    As H1-B visa is tied to an employer, you should get the new H1-B stamp with your new employer as the sponsor.

    At PoE, the IO may ask you to show the current employment letter, especially as you are coming to US after a long absence.





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  • k_usa
    07-12 03:48 PM
    Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)





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    08-26 02:11 PM
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  • dehradoon
    06-14 07:32 PM
    This move in visa number is dramatic and not to mention scary. It also has the hint that dates will retrogress in FY2008, there is no way that everyone will be processed by the end of this year.

    If I were you I would keep the earliest priority date and not worry about the category its in, but then its just me and my choice :). You can judge yourself.





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  • coolpal
    04-14 11:49 AM
    Are you working for your new employer now? (I assume not).
    Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...

    But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....

    pal :)



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  • joydiptac
    05-18 05:32 PM
    My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
    Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?

    Hope you are posting your question for US immigration. (This site discusses US immigration)
    As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH





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  • santa123
    06-17 10:02 PM
    It all depends when someone applies for the labor, if you had BS+ 5 yrs exp and then did MS +4 yrs if you apply your labor now you can claim MS+9 again the experience at the current employer is not counted.....

    Thanks!
    But I am with my current employer for the past 5 yrs (In India & US together)!!!
    Is that exp not counted at all?:confused:
    My GC is for future employment with another employer though...



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  • Blog Feeds
    07-09 12:30 PM
    AILA Leadership Has Just Posted the Following:


    Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.

    The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.

    We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:

    It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:


    An economic analysis commissioned by the U.S. Chamber of Commerce
    concluded that the net societal costs of the program would be $10 billion a year
    � a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:


    A 2007 independent evaluation of the program commissioned by DHS found that
    the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
    the requirements for �accurate verification.�



    SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
    the databases were not improved, SSA database errors alone could result in 3.6
    million workers a year being misidentified as not authorized for employment.
    This would result in 6 out of every 100 workers having to visit an SSA office to
    correct their records or lose their job.

    It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:


    Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
    in nearly 13 percent of all workers being initially flagged as unauthorized for
    employment. All of these workers were cleared by Basic Pilot/E-Verify as
    work-authorized, but only after �significant investment of time and money�
    and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!

    https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)





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  • pthoko
    07-16 01:08 PM
    You can re-enter from Canada with same I-94 and status as long as trip < 30 days.

    Yes, it resets out of status clock.



    ___________________________
    Not a legal advice.


    Yes, it resets out of status clock. --- Even if NO VISA stamping is done in CANADA???



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  • abcka111
    05-14 01:35 AM
    Any help from an attorney would be appreciated





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  • GCKaIntezar
    01-03 09:25 AM
    Just sent it via email.



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  • westh1b
    04-11 10:23 PM
    My friend came to US on January through one bodyshopper on H1B visa and he was on project for 4 months.When his project is over and he is on bench then his employer forcing him to send him a email stating that he will be on leave without pay and immediately his employer stopped paying him salary from the day he was on bench.
    Can any one please guide me that how to file complaint to DOL against his body shopper.
    Also i wanted to know that will DOL take any against his body shopper and what information DOL will ask as currently my friend does not wanted to confront with his employer.
    Thanks
    H1B





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  • desi3933
    01-25 01:44 PM
    Hi All
    My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
    Can I travel on this document?
    Please advise.
    Thank you.

    No.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • Blog Feeds
    05-05 06:50 AM
    The Department of State (DOS) has issued a regulation that broadens the authority of consular officers to revoke a visa at any time subsequent to issuance of the visa, including when the individual is already in the U.S. Additionally, the regulation allows consular officers and designated officials within DOS to revoke a visa provisionally while considering a final visa revocation.

    This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.

    Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.

    If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.

    Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.

    Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.




    More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)





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  • ski_dude12
    07-13 01:14 PM
    Another substitute case...

    Any reason you went for substitute labor instead of your own?

    I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

    During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

    I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

    I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

    Thank you

    Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.



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  • sam_i02
    09-24 06:56 PM
    Peeps -

    My self-filed I-485 application (July 2nd) was sent without:
    - Medical Exam results
    - Employment Verification Letter

    I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.

    Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?

    Thank you
    Samir





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  • austingc
    04-29 05:45 PM
    I have a couple of questions regarding H1B.

    My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.

    The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).

    Is this true? any ideas?





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  • virtual55
    03-04 01:58 PM
    How will you do that? I guess, while working on cases, user has to click somewhere to send an email. If they choose not to, then there will be no email. In my case, I never saw consistency in getting emails. I don't think that is a big issue, just check your status periodically. Bigger and important issue is how to get your case processed faster, and in sequence.


    USCIS online case status system broken, My AP receipt numbers are not showing up online. we need to alert concerned USCIS authorities directly or thru IV's contacts in USCIS or thru AILA.





    gcwaiting17
    09-11 12:18 PM
    May be you are right. My EAD got approved and waiting for FP.





    go_guy123
    09-04 01:23 AM
    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)

    A lot of nursing jobs dont need a 4 yr bachelor's degree and thats why you cant use
    H1B for that unless the specialised nursing jobs needs a bachelors.
    Therefore (thankfully) Nurses are directly applied for Green Card EB3. However there
    is significant backlog even for ROW EB3. There is lobby effort to allocate green card quota for nurses like they did in 2004.
    The employer (with the lawyer help) will file I140 for you and when the PD is current you can file I485.
    But since you are on F1 visa, filing I140 you might have problem with the non immigrant intent clause at the
    port of entry.



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