Wednesday, June 15, 2011

may 21st billboards

images May 21, 2011: And to them it may 21st billboards. Billboard – May 14, 2011
  • Billboard – May 14, 2011



  • yabadaba
    08-14 01:07 PM
    you asked if you were missing something... i said yes you are. u asked for an explanation..so be it..and i put in a disclaimer...that what you were missing was anybody's guess





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  • loudobbs
    08-06 11:23 AM
    My lawyer screwed up when he filed mu I140. He filed it under EB3 instead of EB2 even though the labor was approved under EB2. He filed a new EB2 I140 PP on MAy 23 and it is still pending.

    :(



    I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......





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  • jonty_11
    03-28 04:38 PM
    just looking at the tracker and getting a list of EB2 India - 1362 and EB3-India 1171...

    This is a good representation of what has happenend with EB2 as many have switched from EB3 to EB2...in the coming months do not expect the EB2 numbers to move at all...even with spillovers...it will soon be unavailable....





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  • ras
    05-24 12:44 PM
    You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...

    Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..

    This is such a grey area, I bet even USCIS is not clear on what they would do...

    I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.



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  • amitjoey
    06-14 02:26 PM
    I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.

    Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.





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  • chaks7
    12-07 11:09 AM
    I had similar experience in Mexico. Most of the queries are directed at your employer if it is a consulting co. As ss1026 said, every case is different, but if you can provide the info. it should be ok, though it can test our nerves and time-taking. Hang on and be diligent with the queries and wishing you good luck.



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  • ilikekilo
    05-27 12:22 PM
    When did they say they have repealed AC21? Is this true?

    Regarding (6) above, it is not 10K, more like 5K.

    form immigrationlaw.com

    Final Version of Sanders' Amendment of H-1B Supplemental Fee and American Student Scholarship Fund as Passed

    The controversial Sanders' amendment initially was passed in the Senate last week which imposes $3,500 (or $1,750) for a supplemental fee for the American Student Scholarship Fund. The supplemental fee is added to the current fees that include $1,500 (or $750) ACWIA fee, $500 fraud prevention fee, and $190 H-1B petition (which will in itself increase substantially when the fee increase regulation is implemented). Go figure! The text of the final amendment is as follows:
    SEC. 713. SUPPLEMENTAL FEES.
    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:``(15)(A) In each instance where the Attorney General, the Secretary of Homeland Security, or the Secretary of State is required to impose a fee pursuant to paragraph (9) or (11), the Attorney General, the Secretary of Homeland Security, or the Secretary of State, as appropriate, shall impose a supplemental fee on the employer in addition to any other fee required by such paragraph or any other provision of law, in the amount determined under subparagraph (B).
    ``(B) The amount of the supplemental fee shall be $3,500, except that the fee shall be 1/2 that amount for any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
    ``(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(x).''
    Initially it was proposed to charge $10,000!!!





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  • May 21, 2011: And to them it



  • pappu
    07-20 09:25 AM
    No, only contiguous H1-B renewals(after 3 years or yearly extensions after 6 years) are exempted from the cap. If you go back to school and apply for a fresh H1, then it is very much counted against the cap. Apart from falling back to H4 or F2(if you are married and your spouse is on H1/F1), i dont see too many options if you cannot get one of the masters quota H1. BTW, if you dont have an OPT and are out of school, then how are you still here ?
    If the company is multinational, ask them to give you a foriegn posting for a year and then you can come back on a fresh new H1B visa or L1 visa.



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  • as May 21st comes and goes



  • Macaca
    02-06 06:43 PM
    How (when) do you decide that you will take EAD or stay on H1B? Can you change your mind or it is a one time decision?

    Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?

    Sorry I am a moron.





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  • meridiani.planum
    05-15 05:14 PM
    2009------we can see something happening.
    Until then Visa Bulleting is our best hope and source
    Let us pray.

    not to be too blunt, but:
    http://gracefulflavor.net/2008/04/29/prayer-death/
    prayer is not enough. As they say even God helps only those who help themselves. The July VB re-instatement would not have happened if people had just prayed and done nothing else.

    So call representatives during the day:
    http://immigrationvoice.org/forum/showthread.php?t=19113
    and pray in the evening.



    more...


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  • world will end on May 21st



  • Gravitation
    06-04 10:11 AM
    Morning business @ 2:30 p.m. ??

    morning business - Routine business that is supposed to occur during the first two hours of a new legislative day. This business includes receiving messages from the President and from the House of Representatives, reports from executive branch officials, petitions from citizens, memorials from States, and committee reports, and the introduction of bills and submission of resolutions. In practice, the Senate often does this business instead by unanimous consent at other convenient points in the day.

    Reference:
    http://www.senate.gov/reference/glossary_term/morning_business.htm





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  • zilmax007
    04-16 03:47 PM
    USCIS loves to have your money :-)



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  • rocket
    01-08 03:20 PM
    you guys are missing the point. contest rules have to be followed to the letter because they are a legal contract. if the rules state that the parents have to be legal residents then that's the way it is. if they decide to change the rules for the next contest due to political pressure , fine. but now they are opening themselves up to lawsuits for not following their own contract. i think it's funny how so many people are in favor of breaking the law as long as it suits their agenda. oh wait these are all people in favor of people breaking the law to come to america illegally. correct me if i'm wrong.





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  • franklin
    07-11 05:12 PM
    Need 3 more volunteers for non bay area members to help calling bay area people!



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  • ravi2patel
    07-24 08:41 AM
    If the new company has a "succession of interest" clause in its take over, basically where it "succeeds to the interests and conditions of the previous company", including it's immigration interests such as your employment based immigrant visa application, you should be able to continue with your application. I guess you would have to include a "succession of interest" document with your application.

    I had to do the same thing with my company when it was taken over. However, this happened during labor certification stage so I dont know if it would be different for I-485. Please c nsult with an attorney though, maybe even three or four different ones and give them the exact details of the takeover.

    Hi..what is "succession of interest" document...is it the actual 'merger' contract ?

    Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks





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  • dhirajs98
    01-13 09:51 AM
    We received the RFE letter on my pending I-140.

    I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.

    Initially I had sent:
    a. 1 letter from Company A
    States my title, skills dates
    b. 2 letters from Company B.
    1 generic letter from HR stating dates, no skills
    1 letter from colleague stating title, skills, dates

    Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?

    =====
    Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.

    Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
    ====

    Hey indyanguy,

    I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.

    my 2 cents.

    btw what was your receipt date on uscis website?



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  • san3297
    09-04 04:39 PM
    Thanks for a positive reply at last.I checked my both 797s my current one ends on Nov 14 and my future one starts at Nov 15.So i see there is no gap.Hopefully i will be good i guess.I am planning to go to Charlotte Border Security and see if they say me the same.Any way your comments made me rethink that i will be ok.





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  • uma001
    09-08 04:44 PM
    waitingmygc,

    We can say lot of ways how we can proceed but companies are not in a position to listen to us. They are not desi consulting companies, they are american companies. Who will apply to the positions that appear on job posting sites or magazines? whoever qualify to those requirments on positions will apply to those positions. So there is no question of whether they qualify or not. If position is for 5 years exp, ofcourse most of the resumes will have min 5 yrs of exp. Doesnt matter whether you have masters or not.





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  • coolpal
    03-27 12:33 PM
    Hi,

    I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

    I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
    So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

    In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

    What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

    My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
    Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

    I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

    Any productive feedback is highly appreciated...

    pal :)





    NolaIndian32
    04-28 06:13 PM
    My wife came from india this sunday (4/26) @ JFK... she is working on EAD and had an expired H1b stamp in her PP.... She was asked about the purpose of the Visit by the IO and also at the AP fingerprinting, and the first IO asked about the expired H1, but she said she is working on EAD and had a valid AP.. he asked her something about how she could prove that she started working on EAD or something like that, but he didn't wait for answer... sent her to AP finger printing.... it all took less than 50 mins. I should say this is waaaaay smoother than the experience we had at EWR in 2006.

    pal :)

    If entering the country on AP, it is advisable to carry all other documents including the approval notice of the H1b, but do not show the H1b approval notice unless asked for. That is when the IO gets confused and asks for explanations. If entering on AP your status is parolee upon entry to the US.





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    06-08 01:53 PM
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