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  • Better_Days
    06-10 06:10 PM
    www.immigration-law is reporting that PP for I-140 will be re-instated when approval is needed for H1 extension and less than 60 days are left 'till H1 expiration.

    A small step in the right direction.





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  • Canadianindian
    07-24 06:34 AM
    You folks can apply for a Canadian immigration for yourself. It would take atleast 6 months. While she can live on Canadian bording city such as Windsor, and you can work in Detroit, MI. Detroit and Windsor are about 2 miles from each other, and I know many ppl who live in Windsro and work in Detroit.





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  • moonrah
    05-16 05:34 PM
    called ...





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  • rb_248
    04-01 12:05 PM
    Congrats to GreenGuru. and thanks for sharing all the information.

    IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.

    cheers/

    Yes. I agree. There should be a category for I485 approved date. But, I could have also inserted that in my signature.



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  • go_gc_way
    09-22 02:50 PM
    Good idea !!

    I am with you folks. When I have added new members, I will let you know names.

    Please keep this thread alive.





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  • sarva1
    05-25 10:40 AM
    Called Sen Coryn's office. Kicked out of voice mail to immigration counsel. However, did leave the message with the staff. He was professional and nice. HE even thanked for calling.



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  • newbee7
    07-05 12:52 PM
    If you like to beleive that the USCIS employees care USCIS revenue, you might like this answer.

    200K apps (potential applicants in July) times $500 increase.

    100,000,000





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  • Anders �stberg
    June 16th, 2005, 11:07 AM
    Thanks for your comments! I'll see what I can do to lighten the second one up a little bit more. Please feel free to experiment if you like.

    EDIT: OK, I've lightened the mid tones a bit, hopefully there's some detail visible in the feathers now. I don't want to make it too light though. Black feathers are difficult...



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  • bluekayal
    09-16 04:01 PM
    you can apply for UI - Unemployment insurance, NOT Unemployment benefit. The first is an insurance, the second a benefit that will impact your GC application.





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  • dyekek12
    12-13 02:15 PM
    I'm thinking about pursuing maser degree of Biostatistics.
    I heard the job market demand is high and
    most jobs require master degree at least.

    As a research assistance, biostatistician, research analyst..

    Could I apply as EB2 ?
    Am I qualifed?



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  • WillIBLucky
    11-17 11:54 AM
    Yes, 2007 will be the best chance we would have. After that its all political stunt as we saw this year before elections.

    I sincerely hope I am wrong in this assumption.





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  • lunar
    07-21 11:43 AM
    I Agree it is better not to take risk. But why is this an issue after 3 years of working from home. Next question is If I ask my lawyer not to renew my H1B and only work on EAD does DOL have an issue ? is that risk worth taking. Moving my family entirely for this reason is not a good option.



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  • Jaime
    02-02 12:47 AM
    Guys:

    Have you read the most recent update by Shusterman? He links to H.R. 264 "Save America Comprehensive Immigration Act of 2009 (Introduced in House)" Read Title V, Section 501:

    TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS

    SEC. 501. EARNED ACCESS TO LEGALIZATION.

    (a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
    `ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION

    `Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
    `(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
    `(2) has at all times been a person of good moral character;
    `(3) has never been convicted of a criminal offense in the United States;
    `(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
    `(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
    `(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
    `(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
    `(c) Admissible as Immigrant-
    `(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
    `(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
    `(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
    `(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
    `(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
    (b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
    `Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.

    ntroduced in the House by Representative Sheila Jackson-Lee (D-TX)

    Link

    http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:

    http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:

    Gurus, any comments? Wouldn't this be great??

    Also, a bill introduced by Harry Reid seems to have legal employment immigration fixes, that is: "Stronger Economy, Stronger Borders Act of 2009" (S.9) introduced in the Senate by Majority Leader Harry Reid (D-NV) along with a dozen co- sponsors.

    Any thoughts???





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  • Calouste
    07-28 08:20 PM
    quite interesting find...do you have a reference?

    H-1B numbers:

    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2000 (http://www.uscis.gov/files/article/FY2000Charact.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2001 (http://www.uscis.gov/files/article/FY2001Charact.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2002 (http://www.uscis.gov/files/article/FY2002Charact.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 (http://www.uscis.gov/files/article/FY03H1BFnlCharRprt.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2004 (http://www.uscis.gov/files/nativedocuments/H1B_FY04_Characteristics.pdf)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)

    India accounted for the following percentages of new H-1B visa issued:

    FY 2000 : 44.5 %
    FY 2001 : 45.2 %
    FY 2002 : 20.4 %
    FY 2003 : 27.8 %
    FY 2004 : 46.0 %
    FY 2005 : 49.0 %

    Note that this is only H-1B and doesn't include other high skilled immigrant visa like L1 and TN.



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  • senthil1
    12-06 05:12 PM
    If you are in L1 with Manager or Above category then you can file EB1. There are some more restrictions for this. Because you converted to H1B you may not eligible. Check whether you have any loophole for this. If you are in H1B you should have a PHd and job requirement should be PHd.

    Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.


    There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.

    The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:

    1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.

    2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.

    3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.

    4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.

    5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.

    6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.

    7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.

    8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.

    9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.

    10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.

    Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.





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  • JunRN
    12-28 06:22 AM
    I can see it in my browser. Good news for NSC as most of the dates moved significantly. Expecting to get news on my I-140 by May 2008 or earlier.



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  • Templarian
    04-23 08:30 AM
    Search SDL its a nice way to learn graphics and moving imges and such.

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





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  • chanukya
    05-17 10:55 PM
    Sorry about my statement, I stand corrected, if you are US Masters and above plus member of profession, you still are not exempt from LC Process, however, special handling of LC in your case will take place, like the measure by DOL will be looking for US Citizens equally qualified ratehr than able, willing and qualified.

    USCIS Section 212(a)
    (5) Labor certification and qualifications for certain immigrants.-


    (A) Labor certification.-


    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-


    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and


    (II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-


    (I) is a member of the teaching profession, or


    (II) has exceptional ability in the sciences or the arts

    (III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.


    Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...





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  • panks
    04-02 12:07 PM
    Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.

    Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.

    Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
    ----

    Regarding your H1B status, please read the following newsletter from murthy.com
    Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
    Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.

    Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.

    As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.

    IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.





    martinvisalaw
    06-29 05:12 PM
    Hi Ms Martin,
    Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.

    What if my visa petition gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.

    First, you cannot get admitted to the US with an expired visa, unless your trip is just a short one to Canada or Mexico.

    Re. your second point - your H-1B extension will still be valid even though you entered using the AP. You can use that approval notice to get a new H-1B later if you want one.





    capriol
    07-06 02:32 PM
    you should be fine. do you have a valid transit visa? i think you need to have one if you are travelling through the European Union.

    Dear friends,
    I received all the three responses to my queries on AP travel. All three of you have confirmed the same. Thanks a lot, I feel a lot better now. Although, as one of you mentioned about a transit visa through the EU, I will be waiting within the Amsterdam airport for 3 hours to take the connecting U.S flight, and so I don't think I need a transit visa. Thanks a lot.



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