bayoubengal
12-16 01:58 PM
I have a question, with the current retrogression and processing dates what is the time for one to get a green card, given that the labor,I-140 being cleared within months, but what is the overall time to wait. Is the process moving forward or is there any improvement ?.
If any one can throw some light on it , would be Great.
Thanks
Confused Desi,:)
If any one can throw some light on it , would be Great.
Thanks
Confused Desi,:)
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gunabcd
07-17 04:17 PM
Is there any legal issues?
Is it a good idea?
It's a BAD idea. It has been discussed for several 100 pages, and thrown out of the window by the experts and core group.
Remember couple of things:
1. Suicide attempt is illegal in the USA
2. Satyagrah is to correct any injustcie. If there are too many people applying for GC than the available number of visas then long wait is inevitable, that's not injustice.
3. Satyagrah/hunger strike is a last resort meaning only when you run out of all other option such as Legal Battle, contacting Govt/politicians etc. Did you file a law suit yet about revised July visa bulletin?
Is it a good idea?
It's a BAD idea. It has been discussed for several 100 pages, and thrown out of the window by the experts and core group.
Remember couple of things:
1. Suicide attempt is illegal in the USA
2. Satyagrah is to correct any injustcie. If there are too many people applying for GC than the available number of visas then long wait is inevitable, that's not injustice.
3. Satyagrah/hunger strike is a last resort meaning only when you run out of all other option such as Legal Battle, contacting Govt/politicians etc. Did you file a law suit yet about revised July visa bulletin?
amsgc
05-13 11:17 PM
So what are they busy doing right now? Which cases are they processing - care to share?
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vdlrao
05-11 12:35 PM
Where is the bulletin. :rolleyes:
more...
mach1343
09-24 05:04 PM
Hi Gurus,
Please suggest me the best option as i am still undecided.
My employer terminated my employment when I lost my job with the client company during 2nd week of June 2009. Before termination, my employer filed my GC and I have my EB2- 140 approved (PD- Feb 2007) and also My previous H1 extended last year 2008 and they have issued my visa for another 3 yrs (3rd term in H1). Since then I am without job and looking for an opportunity. But to be on safe side I left the country before the 30 days of my termination. I came back to US on H4 visa (so that I will be in-status and my GC won't get affected).
Now i am getting an opportunity for a FT position with a company and now I am undecided what to do? If I took the FT with a new company and then my GC process will start from beginning (applyng labor and then once approved (don't know how long it will take to approve labor in EB2) I can then file for 140 porting my previous approved 140 -eb2 with PD Feb 2007) or Just wait until I find a contract job and go through my previous employer and continue my GC process from where it is left.
Currently the PD for EB2-I is in 2005. So should I wait and go smoothly with my previous employer (but still we don't know how long it will take) or go with the FT.
Please suggest me.
i am badly need your advice.
Regards
Please suggest me the best option as i am still undecided.
My employer terminated my employment when I lost my job with the client company during 2nd week of June 2009. Before termination, my employer filed my GC and I have my EB2- 140 approved (PD- Feb 2007) and also My previous H1 extended last year 2008 and they have issued my visa for another 3 yrs (3rd term in H1). Since then I am without job and looking for an opportunity. But to be on safe side I left the country before the 30 days of my termination. I came back to US on H4 visa (so that I will be in-status and my GC won't get affected).
Now i am getting an opportunity for a FT position with a company and now I am undecided what to do? If I took the FT with a new company and then my GC process will start from beginning (applyng labor and then once approved (don't know how long it will take to approve labor in EB2) I can then file for 140 porting my previous approved 140 -eb2 with PD Feb 2007) or Just wait until I find a contract job and go through my previous employer and continue my GC process from where it is left.
Currently the PD for EB2-I is in 2005. So should I wait and go smoothly with my previous employer (but still we don't know how long it will take) or go with the FT.
Please suggest me.
i am badly need your advice.
Regards
Blog Feeds
03-08 01:00 PM
Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
more...
carlosCA
02-05 06:20 PM
Hi all,
I am currently working on an L1 visa. Have been in the US for 1.5 years.
A few weeks ago I wanted to change my job. Now I have an offer and the new employer is trying to sort out the visa.
Unfortunately, the H1B visas are gone for this year, and the employer can't wait until October to get me working in their team, so waiting for the new H1 visas is not an option.
After checking with their immigration attorneys, they now say the only option I have is to request an 'O' visa (they will support me).
'O' visas are available for top sportsmen, actors or scientists. The attorneys say I have a good-enough resume to apply for one (masters degree, published some articles and experience in top companies) but I still think the opportunities are not many, since I think my resume is really good but not outstanding enough for this type of visa.
My question is, how careful do I have to be when letting the company attorney to apply for a 'O' on my behalf? And specially, if the visa is denied is that going to impact my current L1 visa? I don't wanna end up with no visa at all! And also, is that going to be a 'bad record' next time I apply for a visa (probably H1)?
What about the positive case? Can I have the 'O' visa during the 2 weeks I will still work in my current company under an L1 (I have to give my company 2 weeks notice before leaving) before moving jobs?
I can't stop thinking the attorneys want the best for the company, that doesn't mean they want the best for me, so I am worried about the possibility they are applying for the visa on my behalf but not minding possible bad consequences for me if the visa is refused.
Thanks so much for your help.
Carlos
I am currently working on an L1 visa. Have been in the US for 1.5 years.
A few weeks ago I wanted to change my job. Now I have an offer and the new employer is trying to sort out the visa.
Unfortunately, the H1B visas are gone for this year, and the employer can't wait until October to get me working in their team, so waiting for the new H1 visas is not an option.
After checking with their immigration attorneys, they now say the only option I have is to request an 'O' visa (they will support me).
'O' visas are available for top sportsmen, actors or scientists. The attorneys say I have a good-enough resume to apply for one (masters degree, published some articles and experience in top companies) but I still think the opportunities are not many, since I think my resume is really good but not outstanding enough for this type of visa.
My question is, how careful do I have to be when letting the company attorney to apply for a 'O' on my behalf? And specially, if the visa is denied is that going to impact my current L1 visa? I don't wanna end up with no visa at all! And also, is that going to be a 'bad record' next time I apply for a visa (probably H1)?
What about the positive case? Can I have the 'O' visa during the 2 weeks I will still work in my current company under an L1 (I have to give my company 2 weeks notice before leaving) before moving jobs?
I can't stop thinking the attorneys want the best for the company, that doesn't mean they want the best for me, so I am worried about the possibility they are applying for the visa on my behalf but not minding possible bad consequences for me if the visa is refused.
Thanks so much for your help.
Carlos
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mohanrajgoyal
04-21 08:05 PM
Hi
I have appied EAD and AP together for me and my wife.
I didn't receive the receipt notice for my wife EAD but the check is in cashed. when my wife called TEXAS center, IO told it was rejected by mistake and reprocessed.
She will call again tomorrow to find more. Her online status is still, petition is not signed and rejected. Application mailed back. But I didn't get the any document in mail.
Mohan
I have appied EAD and AP together for me and my wife.
I didn't receive the receipt notice for my wife EAD but the check is in cashed. when my wife called TEXAS center, IO told it was rejected by mistake and reprocessed.
She will call again tomorrow to find more. Her online status is still, petition is not signed and rejected. Application mailed back. But I didn't get the any document in mail.
Mohan
more...
martinvisalaw
06-08 03:12 PM
It sounds like your employer substituted you on an already approved labor cert. The original LC was approved before PERM came into effect, which is why they used the old forms. When doing an LC substitution, the employer kept the original approved Part A and the new, substituted employee needed to complete the Part B.
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svam77
07-22 04:57 PM
Do not do that !! Its a part of the initial evidence andyour application can be rejected based on that.
You can ask her parents to take an afidavit, scan it and send it to u ....
You can ask her parents to take an afidavit, scan it and send it to u ....
more...
Daps
05-12 03:49 PM
Thanks, Attorney has not made any amendement but had my perm approved before H1 transfer.
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fromnaija
08-29 01:09 PM
I would say 30 days after August 23 since that is the latest advert you ran for the job.
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dassumi
11-08 12:22 PM
Reminded me of an incident when I was a teenager, a budding cricketer and was a huge fan of Nike sports shoes. I would see these uncles with big paunches wearing Nike and would think that the world is unfair that people like me don't get to wear Nike while random uncles do. Completely random thought!!!!
The point being - the situation we are in, we hope that our plight should be a discussion point in every conversation that India and US ensue in. It crossed my mind a couple of times that we should have pushed for it. State of mind I guess.
Do you think anyone will even mention (hopefully get solutions) the eb backlogs to the President when he is touring India? Do you think anything good might come out of it for us?
The point being - the situation we are in, we hope that our plight should be a discussion point in every conversation that India and US ensue in. It crossed my mind a couple of times that we should have pushed for it. State of mind I guess.
Do you think anyone will even mention (hopefully get solutions) the eb backlogs to the President when he is touring India? Do you think anything good might come out of it for us?
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vrkgali
02-25 01:50 PM
Is good ..
Suishta Saigal
Attorney at Law
Madan & Saigal LLC
358 Fifth Avenue - Suite 704
New York, NY 10001
T:(212)239-8008
F:(212)239-8007
www.ilawus.com
Suishta Saigal
Attorney at Law
Madan & Saigal LLC
358 Fifth Avenue - Suite 704
New York, NY 10001
T:(212)239-8008
F:(212)239-8007
www.ilawus.com
more...
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ImmInd
01-12 10:13 AM
My H1B Extn is pending at VSC since Nov 2008 and have same issue from day one. Looks like, some issues for some service centre applications via online.
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SandeR2
03-20 03:42 AM
First one is better, but both of them are great!
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mm1
10-16 10:00 PM
Can anyone please tell, can the employee be trained by the employee before activation of visa i.e. 1st of October. The employer is not paying employee any wages for his training. Can his training be legal ? Is he allowed to sign any documents on behalf of the company during this training ?
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immigrationmatters30
07-27 03:31 PM
~~~
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frostrated
09-14 04:30 PM
I came across a posting today for a local contract position, which was a good match for my profile. But when I sent my resume in, the vendor said we cannot proceed because the end client asked for either citizens or GCs. I thought it was strange, because it is a contract requirement, not fulltime. This is the first time that I have encountered someone requiring a GC for a contract posiiton. Further, this is not a defence or state department kind of deal where you'd need citizens. I would understand if they said 'citizens only', but GC or citizen does strike me as unconventional.
Can someone please advise if this is allowed by law?
Yes it is legal. They are merely giving preference to citizens and permanent residents, and it is line with the department of labor regulations. They cant however discriminate between H1-B from different nationalities.
Also, they might have a project stipulation where they do not want any uncertainity as to how long they can keep the contractor.
Can someone please advise if this is allowed by law?
Yes it is legal. They are merely giving preference to citizens and permanent residents, and it is line with the department of labor regulations. They cant however discriminate between H1-B from different nationalities.
Also, they might have a project stipulation where they do not want any uncertainity as to how long they can keep the contractor.
Roger Binny
05-04 07:07 AM
+1.
Whatever may be the outcome, it will be either better or lot better than current condition atleast in illegals case.
Whatever may be the outcome, it will be either better or lot better than current condition atleast in illegals case.
mombemoo
June 19th, 2005, 05:06 AM
well after getting up at 4:30 here is the results... critiques welcomed!
http://www.dphoto.us/forumphotos/data/511/medium/IMG_2877.jpg
http://www.dphoto.us/forumphotos/data/511/medium/IMG_2877.jpg
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